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2016 07 05 2CCClick here to return to Agenda City Council agendas and staff reports are now available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, JULY 5, 2016 4:00 P.M — OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Franklin, Osborne, Pena, Radi, Mayor Evans CONFIRMATION OF AGENDA CLOSED SESSION - NONE 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. Please complete a "Request to Speak" form and limit your comments to three minutes. 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 GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS PRESENTATION BY FIRE CHIEF LACLAIR RE FIRE SERVICES TO LA QUINTA STUDY SESSION PAGE 1. SILVERROCK RESORT PROJECT STATUS AND UPDATE 2. COMMUNITY ART EVENT PROPOSAL 3. MARKETING STRATEGIES FOR FISCAL YEAR 2016/17 CITY COUNCIL AGENDA 1 JULY 5, 2016 Click here to return to Agenda CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. MINUTES OF JUNE 21, 2016 45 2. APPROVE DEMAND REGISTERS DATED JUNE 13, JUNE 17 AND JUNE 53 24, 2016 3. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TERRA NOVA 83 PLANNING & RESEARCH, INC. FOR ON -CALL PLANNING SERVICES 4. APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES 1.11 AGREEMENT WITH JNS MEDIA SPECIALISTS FOR FISCAL YEAR 2016/17 PRINT AND MEDIA MARKETING SERVICES 5. APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GRAPHTEK INTERACTIVE FOR FISCAL YEAR 2016/17 DIGITAL MARKETING SERVICES 6. ADOPT RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (RESOLUTION NO. 2016-025) 7. APPROVE AMENDED AND RESTATED AGREEMENT FOR CONTRACT LEGAL SERVICES WITH RUTAN AND TUCKER, LLP 8. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 50 TO AVENUE 54 (RESOLUTION NO.2016-026) 9. APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH INTERWEST CONSULTING GROUP TO PROVIDE ON -CALL DEVELOPMENT PLAN CHECK SERVICES AND ON -CALL BUILDING PLAN CHECK AND INSPECTION SERVICES 10. ADOPT RESOLUTION REQUESTING COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX ROLLS (RESOLUTION NO.2016-027) 11. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE IMPROVEMENTS FOR A RETAIL AND MEDICAL OFFICE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE (RESOLUTION NO.2016-028) CITY COUNCIL AGENDA 2 JULY 5, 2016 Click here to return to Agenda 12. APPROVE 2016 PAVEMENT MANAGEMENT PLAN 13. APPROVE AMENDMENTS 4 AND 5 TO BENGAL'S PROFESSIONAL SERVICES AGREEMENT FOR DUNE PALMS ROAD BRIDGE IMPROVEMENT 14. APPROVE COMPLETION AND SETTLEMENT AGREEMENT BETWEEN CITY OF LA QUINTA AND BOND SAFEGUARD INSURANCE COMPANY FOR TRACT 32068 ALONG JEFFERSON BETWEEN AVENUE 50 AND 52 15. APPROVE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND ADVERTISE FOR BIDS THE PAVEMENT MANAGEMENT PLAN IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE 16. ADOPT A RESOLUTION FOR ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING BONDS (RESOLUTION 2016-029) 17. ADOPT A RESOLUTION APPROVING A BOND EXPENDITURE AGREEMENT WITH THE CITY OF LA QUINTA, THE LA QUINTA HOUSING AUTHORITY, AND THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY TO FACILITATE THE EXPENDITURE OF EXCESS BOND PROCEEDS (RESOLUTION 2016-030) BUSINESS SESSION - NONE PUBLIC HEARINGS - NONE DEPARTMENTAL REPORTS 1. CITY MANAGER A. LETTER OF SUPPORT FOR ACTIVE TRANSPORTATION PROGRAM GRANT APPLICATION B. MEETING WITH SUPERVISOR BENOIT AND RIVERSIDE COUNTY STAFF REGARDING PROPERTY TAX ALLOCATION 2. CITY ATTORNEY - UPDATE ON DRONE REGULATIONS 3. CITY CLERK 4. DESIGN AND DEVELOPMENT - PROCESS IMPROVEMENT PROGRAM - BUSINESS LICENSE RENEWAL MAYOR'S AND COUNCIL MEMBER'S ITEMS REPORTS AND INFORMATIONAL ITEMS PAGE 323 325 327 331 CITY COUNCIL AGENDA 3 JULY 5, 2016 Click here to return to Agenda 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 9. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Franklin) 10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 12. SUNLINE TRANSIT AGENCY (Franklin) 13. AD HOC COMMITTEE TO EVALUATE CITY CANNABIS OPTIONS (Franklin and Pena) 14. CVAG PUBLIC SAFETY COMMITTEE (Osborne) 15. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne and Franklin) 16. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 17. EAST VALLEY COALITION (Osborne) 18. ANIMAL CAMPUS COMMISSION (Pena) 19. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 20. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) 21. CVAG TRANSPORTATION COMMITTEE (Radi) 22. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Franklin and Radi) 23• PALM SPRINGS AIRPORT COMMISSION 24• PLANNING COMMISSION MINUTES - MAY 10, 2016 ADJOURNMENT The regular meetings of August 16 and September 6, 2016 have been cancelled. The next regular meeting of the City Council will be held on July 19, 2016 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on July 1, 2016. DATED: July 1, 2016 SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL AGENDA 4 JULY 5, 2016 Click here to return to Agenda Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 5 JULY 5, 2016 Click here to return to Agenda Click here to return to Agenda STUDY SESSION: 1 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: SILVERROCK RESORT PROJECT STATUS AND UPDATE RECOMMENDATION Review and discuss project status and schedule. FISCAL IMPACT None BACKGROUND/ANALYSIS On May 17, 2016, the City Council approved an implementation agreement to enable SDC to accelerate the construction of the golf course realignment at Silverrock. This work is contemplated in the Purchase Sale and Development Agreement (PSDA) and is required to make room for a 140-room luxury hotel and spa that will be located on and adjacent to the existing 181h hole. SDC diligently worked with their design and engineering team on an expedited schedule to have plans complete and approved in an effort to start construction in early June. This task along with the selection of a contractor (Landscapes Unlimited) was accomplished timely, however, it did not leave enough time to finalize pricing and execute a contract. Landscapes Unlimited bid the project before plans were complete knowing that pricing would be adjusted for precise quantities and minor scope changes when plans were finalized. By the time this process was complete, the reward for an accelerated start had vanished. Construction costs were increasing every day mobilization was delayed past June 1st as sod versus sprigging would be required in additional areas of greens, fairways and tees. Landmark and City staff warned the developer of recent experiences during the canal realignment of browning and dying sod that was a direct result of not having a long enough grow in period prior to over seeding in the fall. Basically if sprigs or sod are unable to establish a large enough root system prior to over seeding in the fall, the over seeded grass chokes out and kills the other. This would lead to poor course conditions, expensive repairs and reduced play and revenues the following year. With increased construction costs and risks as outlined above SDC decided it best to suspend the golf course realignment effort this summer. SDC is now in discussions with staff and Landscapes Unlimited to explore constructing tees, fairways and bridges this summer and fall that will be outside the current area of play. This work effort could complete roughly 50% of the total realignment project without requiring the back nine to be closed. The balance of the work requiring course closure could start next spring and be completed rapidly minimizing lost revenues, utilizing lower cost sprigs vs. sod and guaranteeing a long establishment of turf prior to over seeding in the fall. As costs, schedule, and detailed scope for the phased work described above are further defined, additional informational updates will be provided. 7 Click here to return to Agenda Project Schedule and Performance SDC, in addition to working towards mobilization for the golf realignment, has been continuing their design and engineering efforts on the balance of the project. During the May 17, 2016 Council meeting SDC presented a preview of the design details that were included in their site development permit (SDP) application for the luxury hotel and spa, conference and shared services facility, and luxury branded residential planning areas. This application was submitted to the City that same week and staff has prepared and returned comments back to SDC. SDC's design and engineering team is in the process of addressing comments on this application as well as preparing an SDP application for the lifestyle hotel, lifestyle branded residential, and resort residential planning areas that will be submitted in October. SDC's engineers are also working on infrastructure plans and a tentative parcel map. Infrastructure plans are scheduled for submittal to the City in August. In summary SDC continues to advance the project forward and meet their obligations as outlined in the schedule of performance in the PSDA. Report prepared by: Jon McMillen, City Economist, Tall Man Group Report approved by: Frank J. Spevacek, City Manager Click here to return to Agenda STUDY SESSION: City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE- COMMUNITY ART EVENT PROPOSAL RECOMMENDATION Provide direction regarding sponsoring a new Community Art Event to replace Art Under the Umbrellas for the 2016/17 season. EXECUTIVE SUMMARY • The City has sponsored the La Quinta Arts Foundation's Art Under the Umbrellas (AUU) with $20,000 to market and support the event. • The Foundation canceled the AUU and staff received other proposals for a new Community Art Events. • The City's role would be to support and facilitate events with an independent organization managing the events. • On June 29, 2016, the City Council held a Community Art Workshop receiving input and feedback on future arts programs. FISCAL IMPACT The 2016/17 budget allocates $20,000 for future art programs to replace AUU. BACKGROUND/ANALYSIS Art Under the Umbrellas has been a major part of La Quinta and Old Town La Quinta specifically for the past 11 years. The La Quinta Arts Foundation announced that AUU would be cancelled for business reasons. Staff has been actively working with the art community to create a replacement event to be held during the same time period. Further, the Council and staff received community input at the Community Art Workshop held on June 29 at the La Quinta Museum. The following was received: • Top elements that are "sacred" to the art community: o Location of the event o Quality of the art/artists o Uniqueness to the Coachella Valley M Click here to return to Agenda Some elements that the art community would like to see changed: o Commission structure o Juror selection process for participating artists o Rotation of artists When the AUU was canceled, Wells Marvin of Old Town La Quinta presented the attached proposal to continue an AUU style event. Staff also received a second proposal from Coachella Valley Art Scene. Staff is seeking Council direction on the attached proposals. Due to time constraints, the proposal from Coachella Valley Art Scene (Attachment 2) showcases a conceptual idea rather than a formal proposal with associated costs. This direction would be incorporated into a final budget for Council consideration on July 19, 2016. Prepared by: Marcie Graham, Marketing & Events Supervisor Approved for submission by: Chris Escobedo, Community Resources Director Attachment: 1. Proposal by Wells Marvin 2. Proposal by Coachella Valley Art Scene `Nl Click here to return to Agenda O[.!� TOWN r Old Town La Quinta, LLC 78-100 Main Street, Suite #203, La Quinta, CA 92253 Ph. (760) 600-0758, Fx. (760) 771-5057 La 1U_ inl MEMO To: City of La Quinta From: Shelley Glickstein & Kevin Dolan, representing Old Town La Quinta, LLC CC: City of La Quinta, Distinguished City Council Members John Pena, Kristy Franklin, Lee Osborne, & Robert Radi, City Manager Frank Spevacek, & Mayor Linda Evans, Community Resources Manager Tustin Larson, City Events Manager Marcie Graham Date: 6/16/2016 Re: Proposal for continuation of Art Events on Main Street in Old Town La Quinta "Art on Main Street" Proposal: Old Town La Quinta is committed to continuing the art events previously known as "Art Under the Umbrellas" which were recently cancelled by La Quinta Arts Foundation. Under the proposed, new name, "Art on Main Street", the event series, which is an 1 1-year tradition in La Quinta, will continue under the management of Old Town La Quinta LLC in support of artists and the larger community. Old Town is distinctive for its commitment to local entrepreneurs, artists, designers, artisanal foods and products, and its timeless, architectural charm. Old Town considers serving local artists a natural extension of its role in La Quinta as a landmark and gathering place for generations to come. The City of La Quinta's ongoing sponsorship and support is critical to sustaining the art shows. Request details are outlined below. The synergy between Old Town's "Art on Main Street" and La Quinta's new branding campaign offers a great, collaborative media and marketing opportunity. We can fold into each other's campaigns. Old Town will recognize the City as the art shows' primary sponsor by featuring its logo on advertising and press releases and providing a booth to the City at the art shows. This partnership enhances the identity of La Quinta as "the Gem of the Desert" for residents and visitors alike. Event Description & Dates: "Art on Main Street" proposes the continuation of 8 Saturday, art shows per season on Old Town's Main Street, carrying on its traditional format. This includes showcasing up to 70 artists per show. In addition to the location and facility, security, and maintenance support that Old Town has always extended, Old Town will manage the event including administrative oversight, event coordination throughout the year, artist selection, relations and communication, and oversight of advertising, press and promotion of the show series. Old Town has reserved the following 8 Saturdays. Shows run from 10:00 a.m. to 4:00 p.m. ■ 2016: October 15, November 12, & November 26. ■ 2017: January 21, February 4, February 18, March 18, April 8. i` Click here to return to Agenda O[.!� TOWN r Old Town La Quinta, LLC 78-100 Main Street, Suite #203, La Quinta, CA 92253 Ph. (760) 600-0758, Fx. (760) 771-5057 La iU, in(I Preparation: • Old Town management has already coordinated with City staff, local artists, and Old Town Artisans Studio to ensure a smooth transition and the continued success of these events. Old Town, additionally has retained Shelley Glickstein, (bio on page 3) a staff executive with extensive experience in the arts, and marketing and event management who has an on -site office at Old Town. A group of the artists has communicated that the events provide 30-50% of their annual income and they are enthused and appreciative of Old Town's commitment to move quickly to sustain these important events in time for the 2016- 2017 season. Commitment to Artists: ■ In managing "Art on Main Street", Old Town will maintain relationships with artists who have participated in the past and accept applications from new artists. • Special attention will be focused on local artists as the core group for the shows. The integrity of the show and its commitment to quality will be sustained with artists showing their own original work according to show selection criteria. • Old Town is committed to allocate proceeds to benefit artists in the community. ■ We will explore collaborations with appropriate non -profits such as the La Quinta Historical Society and Old Town Artisan's Studio. ■ Additionally, Old Town will be seeking new ways to introduce artists and their work to the community by further integrating local artists into the fabric of Old Town. Ideas under consideration include a rotating, on -site gallery, an artist in residence program, meet the artist wine Castings, etc. The first priority is to ensure local artists and patrons of the arts that these very popular shows will continue. Budget Request: Old Town is requesting that the City of La Quinta continue its support of art shows on Main Street in the amount of $2500 per show with 8 shows per season, or a total of $20,000. JNS Media is finalizing a presentation with an annual/first year media budget for "Art on Main Street" estimated at $15,000. It is important to establish the new identity of the event. Additionally a new logo (see page 4), trademarks, new rack cards, web presence with application packages and information for artists, street banners and signage are being developed. Since the change in management of this event just occurred, the final budget for these items is being completed. It will well exceed $20,000. This is in addition to the annual administrative expense and event staffing (security, facilities) as well as Old Town's continued donation of the facility to artists. Old Town is requesting the City's support for the most immediate and visible aspect of the expense to continue the art shows: the marketing and collateral materials that will recognize the City's sponsorship. A line -item budget will be presented verifying expenses for the sponsored 1K Click here to return to Agenda O[.!� TOWN r Old Town La Quinta, LLC 78-100 Main Street, Suite #203, La Quinta, CA 92253 Ph. (760) 600-0758, Fx. (760) 771-5057 La JQuin(I items listed above. The City's continued support will contribute to the ultimate goal of keeping "Art on Main Street" a sustainable La Quinta tradition that supports artists, enriches the community, and helps to fulfill La Quinta's strategic, branding initiatives. Bio: Shelley S. Glickstein has administrative oversight for Art on Main Street. Shelley has served as Dean of the Art Institute of California -Los Angeles and on the faculty of Otis College of Art & Design. As Dean of Academic Affairs at The Art Institute, Shelley developed and implemented a $15 million budget on a campus producing $56 million in revenue; managed 35 direct reports, 150 artist/designers/faculty, and 2000 art students. During her twenty years of experience working with and professionally representing artists and designers, Shelley has produced more than 300 events including art shows, juried art selections for scholarship programs, fashion shows, and complex conferences and educational events. Her experience crosses non-profit and corporate arenas working with both professionals and volunteer staffs. Shelley has also produced major events for the City of Los Angeles winning the bid for the Democratic National Convention 2000, for L.A, Miss Hawai'i Scholarship Pageants, and for corporate clients including McKinsey & Company, Kaufman Broad, Inc., LA. Gear, and Disney. Additionally, Shelley has executive -level fundraising experience. She has served as Interim Executive Director and as a Board Member of Opus Archives and Research Center, and as V.P. of Marketing & Advancement for University of West Los Angeles. She is skilled in management of fundraising events, annual campaigns, board recruitment & development, and strategic planning. Shelley's rare doctorate in Mythology enhances her appreciation for cultural diversity in the arts, education, political discourse, and the larger community. Art on Main Street Contacts: Kevin Dolan, Property Manager: Kevin@oldtownlaguinta.com Shelley Glickstein: shelleyglickstein@ymail.com Thank you for your consideration. 13 Click here to return to Agenda 14 Click here to return to Agenda LNual - A U M d Wi UpFRM Proposal for Art Under the Umbrellas Replacement 2017 Presented by Sarah Scheideman and Sofia Enriquez of The CVAS `R Click here to return to Agenda Idea: Retro Themed Art Walk & Event Concept: A series of 8 events held in Old Town La Quinta during the `season' that are retro themed and all lead up to the 8th event/party "Doo Wop in the Desert". This retro/vintage art walk celebrates an older generation's culture and how it's still relevant and being used today in art, music, fashion, design and dance. This event would attract multi -generations and economic backgrounds. Something for everyone! History: The Coachella Valley Art Scene started the retro themed Valentine's party, "Doo Wop in the Desert" in 2010. In 2014 the annual party was sponsored by Goldenvoice and officially apart of Modernism Week. In 2015 The CVAS decided to head east and held the event in Indian Wells. The CVAS goal is to "celebrate the art of romance" through live music, encouraging costume, DJ, photography, and decor. Event goers from ages 18-80 would attend this special event. Click here to return to Agenda Fundamentally each event (8) would be composed of 6 elements: Music: Headliner band per event, along with retro DJ spinning all Doo Wop, funk, soul on vinyl Art: curated vendors from across Southern California that specialize in retro art, Miss Fluff Food: specialized vendors Interactive elements: retro crafts, photo booths (2-3 booths) Vendors: hair salons, barber shops, make-up, clothing, jewelry, lighting, furniture, ps vintage market Organizations: car clubs, music clubs Click here to return to Agenda Music Element: Each event would have a different type of 1950's live music act Click here to return to Agenda Art Element: lgqv Click here to return to Agenda Food Element: u ke Cxearn'R Ohek. �4 � A gOrils411 Tnl^T WHEnEVER ICE CREAM 15 SOLD Let's turn a salad into a spectacular This field-iresh pineapple flavor makes any salad sparklel I 2 Click here to return to Agenda Interactive Element: A i People can make their own accessories, be drawn 1950's style, and pose in fun photo booths. ya�tlex�,rct 2Scex�er Click here to return to Agenda Vendors Element: � SUNl�e Click here to return to Agenda Organizations: Click here to return to Agenda Doo Wop in the Desert: I iA nunn'cse�[va[s[ws DOOWOP -1 V I DO'OWOP t _ I DOOWOP® � r 110, Photos from past CVAS event. More info & photos can be provided. Click here to return to Agenda STUDY SESSION: 3 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: MARKETING STRATEGIES FOR 2016/17 RECOMMENDATION Provide direction and recommendations regarding 2016/17 Marketing Strategies. EXECUTIVE SUMMARY Annually, Council reviews marketing strategies for the upcoming fiscal year. • These strategies outline approaches to promote and strengthen community events, tourism, and economic development. • Strategies include a mix of print, media, and digital communications in for the local, regional and national markets. FISCAL IMPACT The 2016/17 budget allocates $371,500 for Marketing and Community Relations. Annually, the City invests $820,700 to market the community and community events. This amount includes the Marketing and Community Relations budget, SilverRock Resort's marketing budget, and marketing agreements with La Quinta Chamber of Commerce, and Desert Classic Charities (CareerBuilder Challenge). This does not include other partnerships the City has to market the community and the region (CVB, La Quinta Art Foundation, Old Town La Quinta) City of La Quinta's Overall Annual Marketing Investment 400000 300000 200000 100000 0 --- Marketing Budgets M CLQ Marketing 0 SilverRock Resort E LQ Chamber Desert Classic Charities 25 Click here to return to Agenda BACKGROUND/ANALYSIS Annually, the Council reviews and discusses community marketing strategies and partnerships; the City invests in these strategies/partnerships to grow local and regional awareness of business, tourism and community events in order to generate more patron interest. The 2015/16 marketing strategy focused on increasing Millennial and Generation X participation in community events; an increase in reaching both these demographics based on Google analytics, Facebook Insights and website views was achieved through the following strategies: • Updated Creative o Updated photography & commercials in the Point of View style, which takes viewers through an experience in La Quinta from the perspective of a tourist, resident, community member. • LOCALE Magazine o Guide to La Quinta: 24-page guide that promoted things to do and see around La Quinta. o Magazine Advertisements: A regional magazine specifically designed for Millennial/Generation X'ers that is distributed in Los Angeles, San Diego, and Orange County with special feature on their website (200,000 views per month). Google Analytics indicate high brand awareness of the City of La Quinta with people ages 45+ both locally and in the Los Angeles and San Diego regional markets. A 1�1IlIILLENNIALS & GENERATION X'ERS"LIKES" AND VISITS INCREASED BY 1 1 1% ON FAiCEBOOK, INSTAGRAM & LAYINLAQUINTA.COM In order to maintain this level of brand awareness among these demographics, staff recommends continuing and enhancing the following strategies: 26 Click here to return to Agenda • "Signature Event" Marketing Opportunities o Support local, large-scale events with sponsorships, event program ads, and other collateral and advertising opportunities. • Continue to align with the Greater Palm Springs Convention and Visitors Bureau and their efforts to promote the Coachella Valley and La Quinta as a destination in the international and national markets. Local Cooperative Marketing Program o Continue to maintain and expand cooperative marketing opportunities for local businesses to increase their market exposure. Opportunities range from dioramas at Palm Springs International Airport to daily pairing sheets for the BNP Paribas Open, all highlighting the many things to do in La Quinta. Community and Local Messaging Campaign o Grow the Valley -wide messaging campaign supporting La Quinta businesses and events to encourage shopping, dining and event attendance. Palm Springs Life Advertorial o Continue to promote the economic development and tourism of the City of La Quinta through a four -page advertorial to both the local and regional markets. This year Palm Springs Life will have a "fresh new look" with the addition of infographics into the presentation. Century La Quinta o A new strategy JNS Media is recommending is an annual marketing campaign focused on local residents as well as visitors through the Century La Quinta theater. This campaign will bring the City of La Quinta's ad to 50 foot screens in 4K on all 12 screens at Century La Quinta. The ads will be place approximately 5 minutes before the previews ensuring a more captive audience. In addition, the Lobby Entertainment Network (LEN) will create audio versions of our ads to be placed throughout the entire building and capturing listeners as they are waiting to buy tickets, concessions or walking to their theater. 27 Click here to return to Agenda • The Gem o Continue to produce the "City Pages" monthly and insert an Annual Report (formerly City Newsletter) As mentioned in the June 21, 2016 City Council Meeting, City Staff will work with the La Quinta Chamber on expanding to 12 months of City Pages instead of the previous 10 months. As previous statistics indicate, approximately 71% of La Quinta residents read the Gem, making it a primary source of disseminating information. PlayInLaQuinta.com Website o Enhancing the PlayInLaQuinta.com website to reflect the evolving trend our City has shown. Adding new content such as separate pages for the Museum and Library, as well as adding a time lapse video component to the Home Page will continue to increase search engine optimization. With the website averaging 81% new views, the goal is to create a site to inspire and motivate people to visit with family and friends. Social Media o With Social Media evolving continuously, Graphtek has introduced the real time experience of Periscope and Facebook Live Feed which allows followers to view a live stream of an event as it's happening. This addition creates excitement of an event as as well as increases visibility of a La Quinta event to thousands of Periscope and Facebook users who are not already followers. The first Facebook Live Feed of the Memorial Day Block Party that was posted on the City of La Quinta Facebook page reached approximately 20,000 people. Will, La Quirota - r"1101" ta •, Memorial Day block parry in OM Town La Qukrtilll Pay -Per -Click Programs o With the increase of the Click Through Rate by 59% year over year, Graphtek recommends continuing to drive traffic to the tourism website and social media engagement through Pay -Per -Click programs. Click Through Rate is the number of people clicking on a City of La Quinta ad when they see it, the market average of Click Through Rate is 0.10%. 28 Click here to return to Agenda • Public Relations and Event Partnerships o Continue to provide community outreach by attending community meetings and hosting a booth at the Farmers Market promoting the City and its services and amenities. o Coordinate the brand refresh and develop an unveiling in phases. o Provide public relations for local City events, "Signature Events", City facilities and programs, and as needed for emergency services. o Partner with local stakeholders and non -profits to provide promotional support for local events. o Attend more of the networking and community events as a way to connect with city businesses and the community. Professional Services Agreements with JNS Media Specialists and Graphtek Interactive will be brought before Council for implementation of these marketing strategies. Prepared by: Marcie Graham, Marketing & Events Supervisor Approved by: Tustin Larson, Community Resources Manager Attachment: 1. Marketing Strategies 29 Click here to return to Agenda 30 2016/2017 Marketing Strategies The following proposed goals will guide the City's Marketing Plan for Fiscal Year 2016/2017: ■ Identify new methods of communication, programs & technology with residents and the media on important City news, events and programs. ■ Continue digital advertising, increase interactive content on the tourism website, social media and travel resource ads to promote La Quinta and encourage tourism, business, and event attendance. ■ Continue to support and promote large-scale "Signature Events" in proximity to La Quinta by providing information about retail shopping, restaurants, and hospitality complexes within city limits. ■ Continue to support & align with the Greater Palm Springs Convention and Visitors Bureau (CVB) with their international and national marketing campaigns to promote the Coachella Valley as a premiere tourist destination. ■ Offer cooperative programs that support La Quinta businesses and maximize their advertising budgets. ■ Coordinate with the Marketing Committee, including the Chamber of Commerce, La Quinta Arts Foundation, Desert Classic Charities (Desert Classic Golf Tournament), La Quinta Resort, Old Town La Quinta, and SilverRock Resort to implement partnerships that maximize and leverage marketing budgets. 31 The City of La Quinta has been collecting metrics over the last 12 months using Google Analytics and Facebook for users of PlayInLaQuinta.com. The data is used to understand how many people are interested in La Quinta, where they live, how old they are, what pages they visit on the site and other variables that help determine future marketing strategies. Below are the metrics from July 2015 — June 2016: Google Analytics for PlaylnLaQuinta website: 139,000 Total Website Views f New Views Top Viewed --------------- - -2, Views from La Quinta Click here to return to Agenda Website Views By Location 20 ------- I ........ 10 ------- ........... . -------- - ---------------- Location La Quinta Los Angeles M Palm Desert 0 Indio San Diego 0 Palm Springs r=Website Views by Age,W 25 10, 5 0 Percentage E65+ 055-65 045-54 E35-44 025-34 018-24 33 Click here to return to Agenda Website Views By Gender 70 ....-- 60-------- 50 - 40 -- 30--------- 20 -- 10 ---- 0 ----- Facebook Insights: 54000 Likes u _............................. ----------------------- -------------------------------- ---------------------------------- I ------------- --------- -------------------- --- ------------ Gender Women 0 Men Faceback Users 0 Women (63 %) 0 Men (37 io) I,000'Likes' from Coachella rto _Valley 34 Click here to return to Agenda Based on the metrics, it is recommended that the marketing campaigns be targeted to the following groups: MILLENNIALS GENERATION VERS 35 Click here to return to Agenda REV REE4 -L �Af Geographic Regions Marketing strategies are directed to keep La Quinta top -of -mind to both visitors and locals. City staff has focused on efforts that support tourism, local businesses and continued community investment in La Quinta. Staff will continue working with AS Community Market - within the City of La Quinta 36 Click here to return to Agenda The Gem — Staff will continue production of the "City Scene" pages for The Gem to promote programs, classes, special events, and important City news related to: SilverRock Resort, Museum, Library, Wellness Center, Community Resources, Police and special feature articles such as emergency preparedness, commission vacancies, and special message from City partners. Guide to La Quinta — With the success of last year's Guide to La Quinta, AS is recommending to repeat the guide with a 24-page insert. The guide will be designed by and featured in Locale Magazine (see Regional Market) as a pullout in three regional markets, and additional overrun will be used as a standalone visitor's guide highlighting city activities, events, points of interest, and more. ; CONTENTS:m _ -=- THEBEST - SILVERROCK 37 Click here to return to Agenda Century La Quinta — A new strategy, AS is recommending advertising on the 12 movie screens as well as the Lobby Entertainment Network as a way to reach local residents, as well as visitors. The campaign will feature :30 commercials that will promote "Signature Events" as well as a generic branding campaign featuring the :30 television commercials. LC1 IV E wO A R 1 . D Local Market — within the Coachella Volley (includes Lo Quinto) "Signature Event" Marketing Opportunities — Continue support for large-scale local events in proximity to La Quinta. Events of this magnitude have national/international exposure and attendees often shop and stay in and around the City of La Quinta. Printed advertisements will appear in event programs, pairing sheets, and other event publications for the following events: r- r_ w O CARaREUILUER * , CHALLENGE HITS � O w A R T SLL CcOA iCLT H MUSIC FEEL1T1 L A STAQEC0AC4 COA �MItT EMPIRE POLO CLUB - INDIO GREATER PALM SPRINGS 38 Click here to return to Agenda Local Cooperative Marketing Program — Continue to promote cooperative marketing by working with current partners, and by adding new partners to increase their community and local market exposure. (City being one of the partners) Some of these include: i9w Hck :, Blo Party o �1 Mam ais"", BLOCK PARTY Old Town La 4iuinia Local messaging campaigns — Continue a valley -wide messaging campaign that supports La Quinta businesses and events to encourage shopping, dining, and special event attendance. The multi -tiered plan comprised of television and print will be leveraged with Public Relations, bonus advertising such as extra ads, live mentions, etc. This effort will run in key months to support events and the "Experience La Quinta" message. Some of these include: TA1 ift, WT Life Desert Health G, Alibi �@,Time Warner Cableo) 39 Click here to return to Agenda Palm Springs Life Advertorial: Produce a City of La Quinta advertorial featuring the progress of the City over the last calendar year. The advertorial will be featured in the Palm Springs Life October 2016 issue (the City's customary progress piece) — which will also be featured in the "Vision" collateral piece put together through a collaboration between Palm Springs Life & Coachella Valley Economic Partnership. Guide to La Quinta — In addition to the Community Market, this piece will also serve as the City's Visitor's Guide which will be distributed to valley hotels and visitor centers. OhL FRadio Campaign — AS recommends a local radio campaign that will speak to the community residents as well as other valley residents promoting La Quinta. This campaign includes :30 second radio spots, (4) Live Remotes that will create additional interest in Signature Events and production of (6) radio commercials. This campaign will increase awareness of the City's brand as well as events that the City is producing or sponsoring. ALPHW EDIA �Y LIVE. LOCAL. PALM SPRINGS 107.3 ��� � �. . �,... w> L�RilO!lL77I 9U 11 40 Click here to return to Agenda J;�1►1f`7iu1a111_ Regional Market — Drive markets (Los Angeles, San Diego, & Orange County) GREATER Align with CVB Advertising — Continue to align with the palm springs CVB's advertising program in order to leverage the bureau t City's membership dollars and reach outside markets. Target areas include: Southern California (Los Angeles & San Diego), Northern California Bay Area, Pacific Northwest, Midwest, and Western Canada. The various campaigns involve print, radio, and online efforts to attract more visitors to the Coachella Valley as well as support and ultimately grow direct air service. LOCALE Magazine — Continuing the strategy from 2015-2016, JNS is recommending creating a 24-page "Guide to La Quinta." The guide will be designed by and featured in LOCALE Magazine. LOCALE will run the guide in their three main Southern California markets of Los Angeles, San Diego, and Orange County as an insert. The insert will also be featured on the LOCALE website which receives 200,000 views per month. L® MESSY HANDS, GIVING jH�E(ARTS Regional messaging campaigns — Continue a regional messaging campaign that supports tourism to La Quinta. This campaign will run in season to support opportunities for outdoor recreation, "signature events", and entice visitors with messaging to support the viability of a driving destination. Some of these include: o 200 airings per month of :30 television commercials on regional channels 0�> Time oun Warner � FX HG1V Cable° NATIONAL GEOGRAPHIC 1 �A GIN�C SPIKE A D oxygen [AMC HHD nP� HISTORY CHANNEL 41 :4C1I" WY&M I 10 FA N 7413 11 ri City staff will continue to work with Graphtek Interactive for digital marketing efforts and social media interaction. Increased Interactive Website Content — The City's tourism website, PlayInLaQuinta.com, continues to grow in popularity with regular content updates, and increased interactive components. This year Graphtek added a vacation rental directory displaying only registered rental agencies and the creation of interactive bike and art maps. To maintain a high level of visitors to the website, increased interactive components will be added including: o An interactive data base of available "registered" vacation rentals. The data base will show locations of rental properties throughout the City of La Quinta where the user could select the property and complete the registration process through a 3rd party system. o Creation of multiple landing pages supporting special events such as Moonlight Movies. o Improved photo and video gallery utilizing both professional and local amateur photography/videography. Social Media Engagement — The City continues to improve its standing in the digital world using several social media networks. The most popular by for is the City's Facebook page. This network continues to grow and engage residents and visitors with images, news stories, and tourism content. o Following Social Media trends, Graphtek is recommending the use of Facebook Live Streaming as well as Periscope which is a live video streaming app. A Facebook Live Stream post from the Memorial Day Block Party became the most viewed post (with 20,000 views) of the City's 2015/2016 strategies. 42 Click here to return to Agenda ib*j I I :ff jy1r.*j @ I a F , I a� Social Media Engagement — Pay -Per -Click (PPC) Programs: PPC's continue to be an effective tool in driving traffic to the tourism website and social media networks. Advertisements are developed and targeted toward a specific audience. It is recommended to continue utilizing PPC programs for both the Local and Regional markets targeting hiking, biking, shopping, events, art and golf. o Website Pay -Per -Click (PPC) Program: The Pay -Per -Click program allows the City to purchase sponsored links on the result pages of searches conducted via search engines such as Google/Yahoo/Bing. A 0 link will pop up toward the top of the sponsored link section; attracting more unique visitors to the La Quinta o — tourism website. When visitors click on the La Quinta PAY PER CLICK sponsored link, it takes them to PlayInLaQuinta.com where they explore activities, hotels, dining, shopping, and golf in La Quinta. PPC's can be extensively tracked and provide valuable metrics for a campaign's return on investment. o Facebook Pay -Per -Like (PPL) Program: La Quinta ads are purchased and designed to target users that are not already following the La Quinta page. These ads appear under "Sponsored ads" within the news feed; when a user clicks on the La Quinta ad, it takes them straight to the La Quinta Facebook page. 74% of new likes were due to PPL's. 43 Click here to return to Agenda no 71UPD19wTok:T�'.1 Is I to P® Community Outreach — Continue efforts to reach out to community groups, homeowner associations and service clubs and provide city updates. Staff will speak about new programs and facilities that are planned along with a city financial update. The City Staff will also be at the Farmer's Market once a FARMERS' MARKET aPALM SPRINGS CUL�RAL CFNrrRF,F,;r month to answer questions and distribute city information. Public Relations — The public relations will be continued over the next fiscal year through a coordinated effort of press releases, websites, and social media that results in an increase of coverage for all City events and programs. o Local — Publicity efforts will focus on all City events that are pertinent to local businesses, residents, and tourists through online calendar listings, neighborhood apps, email blasts, social media updates, and major press releases when deemed appropriate. Emphasis will be placed on Museum, Library and City events and programs. o Regional — Promote amenities surrounding "Signature Events" (golf, shopping, dining, museum, art, etc.) that warrant PR efforts to regional markets (Los Angeles, Orange County & San Diego). CareerBuilder Challenge — The successful partnership with " '< Desert Classic Charities, including the 19th Hole Block Party, will continue to bring many more promotional opportunities for the City in 2017. Continue leveraging publicity in conjunction with the event as well as designing editorial pages focused on the CAREERBUILDER City in the Desert Classic Program Guide. --'��ICHRLLEKQE La Quinta Chamber of Commerce — Continue to support and promote key Chamber events such as the annual Rod & Custom Car Show & Taste of La aqulnta as�eol l Quinta through online calendar updates, email blasts, social media updates and other promotional efforts. Work with the Chamber on the monthly "City Scene" pages in The Gem to communicate City happenings to La Quinta residents and businesses. W iGG�+/ CHAMBER �F CC7MMERCE �1"Ai I Old Town La Quinta — Continue to support Old Town La Quinta with the OLD TOM various block parties through online calendar updates, email blasts, social U4 QQ intA media updates and other promotional efforts. 44 Click here to return to Agenda CITY COUNCIL MINUTES TUESDAY, JUNE 21, 2016 A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON AGENDA CONFIRMATION OF AGENDA - Confirmed CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1). SHAATH & OUDEH GROUP V. CITY OF LA QUINTA, RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1404174 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:30 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that during the closed session, the City Council was informed that a mediation session occurred on Riverside County Superior Court Case No. PSC 1404174 and a resolution was reached whereby the City would pay $21,500 to resolve all claims for a case that alleged $300,000 in damages. Mr. Ihrke further reported that pursuant to City Council direction, he will prepare a Settlement Agreement and bring it back to Council for ratification. Councilmember Franklin led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None CITY COUNCIL MINUTES JUNE 21, 2016 45 Click here to return to Agenda ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. EAST VALLEY COALITION ANNUAL REPORT AND PERFORMANCE UPDATE Robert Wright, East Valley Coalition Manager, presented a power point detailing the Coalition's accomplishments for the past three months. Councilmembers discussed social media management after the Intern leaves, - participation at the International Council of Shopping Center trade show; occupancy status of the Circuit City building; including local brokers on the partner list, and; timeline on grant writing. Councilmembers concurred in requesting that Mr. Wright collect lease market rate data to present quarterly to landlords with vacancies in order to assist them in pricing their properties. 2. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Mayor Evans presented the award to Finance Department staff. Accounting Manager Campos, Accountant Blonde[[, Account Technician Armendariz, and Management Assistant Orrantia. CONSENT CALENDAR 1. APPROVE MINUTES OF JUNE 7, 2016 2. APPROVE SPECIAL MEETING MINUTES OF JUNE 8, 2016 3. ADOPT RESOLUTION CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA-FIRST PROGRAM TO FINANCE RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE [RESOLUTION NO. 2016-0211 4. APPROVE DEMAND REGISTERS DATED MAY 27, JUNE 3 AND JUNE 10, 2016 5. APPROVE JOINT USE OF FACILITY AND SERVICES AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY 6. APPROVE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND ADVERTISE FOR BIDS, THE NORTH LA QUINTA PARKWAY TURF CONVERSION IMPROVEMENTS LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND VIA SEVILLA — DEL ORO 7. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LA QUINTA AND LA QUINTA CITY EMPLOYEES' ASSOCIATION [RESOLUTION No. 2016-0221 CITY COUNCIL MINUTES 2 JUNE 21, 2016 46 Click here to return to Agenda 8. ADOPT RESOLUTION TO APPROVE BENEFIT ADJUSTMENTS FOR MANAGEMENT, CONTRACT EMPLOYEES, AND CONFIDENTIAL EMPLOYEES AND APPROVE CLASSIFICATION SPECIFICATION REVISIONS [RESOLUTION NO. 2016- 0231 9. APPROVE BID DOCUMENTS AND ADVERTISE PLAYGROUND EQUIPMENT INSTALLATION FOR MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT 10. ACCEPT CIVIC CENTER CAMPUS AND FIRE STATION 70 TURF CONVERSION IMPROVEMENTS 11. ACCEPT FRITZ BURNS PARK PARKWAY TURF CONVERSION IMPROVEMENTS 12. EXCUSE ABSENCES FOR PLANNING COMMISSIONERS WRIGHT AND WILKINSON FROM MAY 24 AND JUNE 14, 2016 PLANNING COMMISSION MEETINGS 13. APPROVE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH CITY MANAGER MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to approve the Consent Calendar as recommended, with Item Nos. 3, 7 and 8 adopting Resolutions No. 2016-021, 2016-022 and 2016-023 respectively. Motion passed unanimously. BUSINESS SESSION 1. APPOINT ONE MEMBER TO THE PLANNING COMMISSION Mayor Evans explained the Council's process for interviewing and appointed Commissioners than invited applicants Mary Caldwell, then Robert Wright to present their qualifications to Council. City Clerk Maysels collected the paper ballots from Councilmembers and announced the vote as follows: For Ms. Caldwell: Mayor Evans, Councilmember Radi For Mr. Wright: Councilmembers Franklin, Osborne, Pena MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to appoint Robert Wright to the Planning Commission for a full term ending June 30, 2019. Motion passed unanimously. CITY COUNCIL MINUTES 3 JUNE 21, 2016 47 Click here to return to Agenda 2. APPROVE FIRST AMENDMENT TO THE AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND CITY OF LA QUINTA FOR ANIMAL SHELTER, FIELD AND LICENSING SERVICES FOR 2016/17 Code Compliance Supervisor Moreno presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the use of "active harassment" techniques to scare off coyotes and bobcats, i.e. loud music, banging pots and pans, etc.; improvements to the Department's call -waiting system; the transition from city to county for issuance of dog tags; upcoming arrangements to provide monthly low cost or free animal services, and; a request for a Code Compliance report on their time allocation between residential properties and commercial. MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to approve the First Amendment to the agreement between the County of Riverside and the City of La Quinta for animal shelter, field and licensing services for 2016/17 as recommended. Motion passed unanimously. 3. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MUNISERVICES, LLC FOR FRANCHISE FEE COMPLIANCE REVIEW Business Analyst Shove presented the staff report which is on file in the City Clerk's Office. Councilmembers discussed the utility companies involved; the audit approach; city's ability to revisit agreements due to recent mergers, and; the contract payment arrangement. MOTION - A motion was made and seconded by Councilmembers Radi/Pena to approve the agreement with MuniServices, LLC for franchise fee compliance review services as recommended. Motion passed unanimously. 4. APPROVE MEMORANDUM OF UNDERSTANDING WITH LA QUINTA CHAMBER OF COMMERCE/GREATER COACHELLA VALLEY CHAMBER OF COMMERCE Community Resource Manager Larson presented the staff report which is on file in the City Clerk's Office. Representing the Chambers of Commerce were Katie Stice, President/CEO, La Quinta, Jason Schneider, Chairman, La Quinta and Josh Bonner, CEO of Greater Coachella Valley Chamber. Councilmembers discussed status of discussions with Desert Classic Charities; the change in the structure of the city/chamber relationship from a contract for services to CITY COUNCIL MINUTES 4 JUNE 21, 2016 48 Click here to return to Agenda a Memorandum of Understanding; the limitations on the use of city funds and elected officials' photos in the GEM publication; expanding the distribution of the GEM publication; increasing the city's space purchase from ten months to 12 months; methods for collecting and sharing data; the ability of the Chamber to advocate for the 1% transactions and use tax measure; printing a statement in every GEM publication noting that public funds are not used for distribution, printing, etc.; submission of a monthly or quarterly report detailing how city funds have been spent; business survey prepared by city staff; promotions, visitor center and business expo plans; membership growth; Chamber request for signage, and; funding for the Career Builders Challenge. MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to approve the MOU with the La Quinta Chamber/Greater Coachella Valley Chamber of Commerce as recommended. Motion passed unanimously. 5. APPROVE CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION FOR 2017 LA QUINTA ARTS FESTIVAL PROMOTIONAL SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT City Manager Spevacek explained that the La Quinta Arts Foundation LQAF) will be presenting the 35th La Quinta Arts Festival without compensation from the City. Since the Foundation is no longer seeking funding, an agreement with the City is no longer necessary; therefore, the LQAF requested that this item be pulled from consideration. PUBLIC SPEAKERS: The following spoke in favor of City support to continue the Art Under the Umbrellas events: Gary W. Heath, La Quinta, artist Lauren Youngs, La Quinta, artist Mayor Evans announced that the City has scheduled a community meeting on Wednesday, June 29, 2016 at 6:00 p.m. at the La Quinta Museum to hear from local artist and residents regarding future art events. Councilmembers discussed the importance of a continuing local outlet for artist and continuing opportunities for residents to view, enjoy and purchase local art; gratitude at receiving proposals for continuing an Art Under the Umbrellas -type event; funding for art events; the need to schedule art shows strategically to avoid saturation; building a database of local artists' contact information; permit fees for the LQAF's use of the Civic Center Campus; the need for continuing conversations with LQAF to insure a long term relationship with the City, and; the options and opportunities presented by this new arrangement. MOTION - none CITY COUNCIL MINUTES 5 JUNE 21, 2016 49 Click here to return to Agenda 6. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2016/17 BUDGET AND ESTABLISH CITY'S APPROPRIATIONS LIMIT [RESOLUTION NO.2016-0241 Account Manager Campos presented the staff report which is on file in the City Clerk's Office. Assistant Police Chief Walton presented information regarding the police budget. Councilmembers discussed reallocation of funds within the police budget; police deployment strategies; the ability to monitor and adjust police hours and funds if trends dictate; dropping crime rates in La Quinta; savings in the new La Quinta Arts Foundation (LQAF) and the Chamber of Commerce agreements, and; the need to retain the savings in the budget in order to contribute to replacement art events. PUBLIC SPEAKER: Michael Harrington, Rancho Mirage - concerned about trend across the Valley about the cuts to police services. Called reallocation but seems like a cut in patrol hours - just call it a cut. Discretionary time affects quality of life. MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to adopt Resolution No. 2016-024 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2016/2017 AND APPROVING A BUDGET FOR FISCAL YEAR 2016/2017 Motion passed unanimously. 7. AUTHORIZE MODIFICATIONS TO THE TEMPLATE FOR PROFESSIONAL SERVICES AGREEMENTS REGARDING THE DUTY TO PROTECT AND DEFEND THE CITY PROVIDED BY CONSULTANTS City Attorney Ihrke presented the staff report, which is available from the City Clerk's Office. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to authorize modifications to the template for professional services agreement regarding the duty to protect and defend the city provided by consultants as recommended. Motion passed unanimously. MAYOR EVANS RECESSED THE MEETING FOR A 15 MINUTE BREAK AT 6:55 P. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 7.10 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES 6 JUNE 21, 2016 50 Click here to return to Agenda STUDY SESSION 1. PROPOSED USER AND REGULATORY FEES BASED ON THE 2016 COST OF SERVICES STUDY Terry Madsen, ClearSource Financial presented the staff report, which is on file in the City Clerk's Office. PUBLIC SPEAKER: Gretchen Gutierrez, CEO of Desert Valley Builders' Association (DVBA) - Ms. Gutierrez said she will be meeting with city staff before Council acts on this matter in order to get the DVBA's questions and concerns addressed. PUBLIC SPEAKER: Clint Larimare, consultant for the Building Industry Association (BIA) - Mr. Larimare spoke in favor of Option No. 1 in the staff report which consists of gradual fee increases with subsidies for minor permits. He was not in favor of instituting an "expedited review" category of fees. Councilmembers discussed the large jump in planning fees that would occur if full cost recovery was initiated; fees for planning appeals; incremental increases in fees until full cost recovery is in place, and; time and money savings to builders due to the recent Municipal Code streamlining. The Council reached a consensus that fee increases to achieve full cost recovery should be phased in over multiple years. PUBLIC HEARINGS - None DEPARTMENT REPORTS All reports are on file in the City Clerk's Office. Mayor Evans accepted a late speaker: PUBLIC SPEAKER: Dr. Frank Hernandez, La Quinta - Dr. Hernandez spoke against a proposed residential development (Tentative Tract Map 36817) located on the west side of Monroe Street, between Avenue 54 and Airport Blvd. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Franklin proposed merging the Architectural and Landscaping Review Board into the Planning Commission, and increasing the Commission to seven members in order to streamline the review process for developers and save staff time. She also proposed a thorough review of Boards'/Commissions' purpose, powers and duties to insure that they are being used to their full capacities. Mayor Evans added that the existence of the Alternate position should be re-examined as part of the review of Boards'/Commissions' duties. CITY COUNCIL MINUTES 7 JUNE 21, 2016 51 Click here to return to Agenda Mayor Evans suggested that garage sale permit processing should also be re- examined for flexibility and fee increase. Councilmember Pena requested from the City Attorney, a report on the use of drones in the Cove. Councilmember Osborne announced that he will not run for re-election in November 2016. REPORTS AND INFORMATIONAL La Quinta's representative for 2016, Councilmember Osborne reported on his participation in the following organization's meeting: CVAG PUBLIC SAFETY COMMITTEE La Quinta's representative for 2016, Councilmember Radi reported on his participation in the following organization's meeting: RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Franklin to adjourn at 8:40 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 8 JUNE 21, 2016 52 Click here to return to Agenda CONSENT CALENDAR 2 Oty of La Quinta CI TY OOUNO L MEETI NG. July 05, 2016 -ifS0N:MKelV1 AGENDA TITLE APPROVE DEMAND REGI STERS DATED JUNE 13, JUNE 17 AND JUNE 24, 2016 RECOM MEN DATI ON Approve demand registers dated June 13, June 17 and June 24, 2016. EXECUTI VE SUMMARY- None FI SCAL I M PACT Demand of Cash: -- Oty $ 3,912,178.45 -- Successor Agency of RDA $ 4,024.00 -- Housing Authority $ 0.00 -- Housing Authority Commission $ 0.00 3,916,202.45 BACKGROUND/ AN ALYSI S Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers from June 13, June 17 through June 24, 2016. Warrants I ssued: 1113981 $ 1,233,213.77 111399 - 1114901 $ 1,202,193.36 111491 - 111567) $ 1,113,608.94 Voids} $ (3,492.65) Wire Transfers} $ 160,246.92 P/RCheck # 37120 & Direct Deposit} $ 163,345.46 Payroll Tax Transfers} $ 40,101.35 3,916,202.45 In the amounts listed above, 14 checks were voided. Check No. 103949, 104323, 104740, 105390, 105707, 106239, 106523, 106758, 106822, 106864, and 107222 were voided because the checks had become stale dated. Check No. 110052 was voided and re -issued because the check was lost. Check No.107517 was voided and re -issued because of a company name change. Finally, Check No. 107565 was a replacement. The original check was never received by the vendor. 53 Click here to return to Agenda The most significant expenditures on the demand registers listed above are as follows: Vendor: Account Name: Amount: Purpose: Burrtec Waste & Recycling Professional Service $ 1,233,213.77 FY 15/16 Property Tax Payment Rverside County Sheriff Dept. Various $ 961,013.43 March - Police Service California Joint Powers Ins. Workers Comp Ins $ 420,293.00 FY 16/17 1 nsurance Premiums Conserve Landcare Prof. Service $ 238,879.02 May -Civic Center Turf Reduction Wire Transfers: Six wire transfers totaled $160,246.92. Of this amount, $117,990.87 was to Landmark for golf course management, and $35,425.99 was to CaIPERS. (See Attachment 2 for a full listing). ALTERNATI VET Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Fdta Conrad, Finance Director Attachment: 1. Demand Registers 2. Wire Transfers 54 Click here to return to Agenda ATTACHMENT 1 f Demand Register y}13. City of La Quinta, CA Packet: APPKT0075) - D'A 6/13/16 Vendor Name Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND BURRTEC WASTE & RECYCLI 111398 06/13/2016 FY 15/16 PROPERTY TAX PAY 101-0000-20307 1,371,811.46 BURRTEC WASTE & RECYCLI 111398 06/13/2016 FY 15/16 PROPERTY TAX PAY 101-0000-41505-77,614.71 BURRTEC WASTE & RECYCLI 111398 06/13/2016 FY 15/16 PROPERTY TAX PAY 101-0000-41506-60,982.98 Fund 101- GENERAL FUND Total: 1,233,213.77 Grand Total: 1,233,213.77 5/13/2016 6:42:57 PM 55 Page 1 of 2 Click here to return to Agenda Demand Register Packet: APPKT00756 - DA 6/13/16 Fund Summary Fund Expense Amount 101- GENERAL FUND 1,233,213.77 Grand Total: 1,233,213.77 Account Summary Account Number Account Name Expense Amount 101-0000-20307 Due to Waste Managem 1,371,811.46 101-0000-41505 Franchise Taxes - Burrtec -77,614.71 101-0000-41506 Burrtec AB 939 Fee -60,982.98 Grand Total: 1,233,213.77 Project Account Summary Project Account Key Expense Amount **None** 1,233,213.77 Grand Total: 1,233,213.77 6/13/2016 6:42:57 PM Page 2 of 2 56 Click here to return to Agenda Demand Register City of La Quinta, CA Packet: APPKT00764 - DA 6/17/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 201-GENERAL FUND 2XLCORPORATION 111399 06/17/2016 GYM WIPES 101-3002-60420 656.13 ACCOUNTEMPS 111400 06/17/2016 TEMP - STAFFINGWKENDS/ 101-1004-60125 514.80 ALDANA, JAQUELINE 111402 06/17/2016 CITATION OVERPAYMENT 101-6004-61190 48.00 AMERIPRIDE SERVICES INC 111404 06/17/2016 JANITORIAL 5/26-6/09 101-3002-60115 133.06 AMEZCUA, JOSE MANUEL 111405 06/17/2016 CITATION REFUND 101-6004-61190 50.00 ANSAFONE CONTACT CENTE 111406 06/17/2016 ANSWERING SERVICE 101-7006-60104 135.45 ARK CONNECTS LLC 111408 06/17/2016 GRAPHIC DESIGN 101-3007-60461 962.00 BADGLEY, EDWIN 111410 06/17/2016 CITATION REFUND 101-6004-61190 10.00 BIO-TOX LABORATORIES 111411 06/17/2016 BLOOD ALCOHOLTESTING 101-2001-36310 41.70 BIO-TOX LABORATORIES 111411 06/17/2016 BLOOD ALCOHOL TESTING 101-2001-36310 868.00 CALIFORNIA JOINT POWERS I 111414 06/17/2016 MGMT ACADEMY - MORENO 101-6004-60320 375.00 CALIPERS LONG-TERM CARE 111415 06/17/2016 LONG TERM CARE 101-0000-20949 144.16 CANON FINANCIAL SERVICES 111416 06/17/2016 JUNE - CONTRACT CHARGE 101-1007-60662 293.54 CANON FINANCIAL SERVICES 111416 06/17/2016 JUNE - CONTRACT CHARGE 101-1007-60662 1,572.94 CARTER, ANDREA & ASSOCIA 111418 06/17/2016 MAY - PR/COPYWRITING SVC 101-3007-60462 2,250.00 CARTER, ANDREA & ASSOCIA 111418 06/17/2016 JUNE - PR/COPYWRITING SE 101-3007-60462 2,250.00 CARTER, MARIE 111419 06/17/2016 CLASS REFUND 101-0000-42200 50.00 COACHELLA VALLEY ASSOC 0 111422 06/17/2016 CVAG GENERAL ASSEMBLY 101-1002-60320 100.00 COACHELLA VALLEY CONSER 111423 06/17/2016 5/16-MITIGATION FEE 101-0000-20310 9,107.00 COACHELLA VALLEY CONSER 111423 06/17/2016 5/16-MITIGATION FEE 101-0000-43631 -91.07 DESERT C A M INC 111425 06/17/2016 COUNCIL MTG 6/07/16 101-3008-60108 131.25 DESERT SANDS UNIFIED SCH 111427 06/17/2016 DSUSD BP10 3/3/16-3/30/16 101-2001-60168 16,538.01 DUNN-EDWARDS CORPORAT 111429 06/17/2016 PAINT SUPPLIES 101-3008-60691 137.87 FRANCHISE TAX BOARD 111430 06/17/2016 GARNISHMENT 101-0000-20985 125.00 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3003-60420 22.72 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3005-60423 5.37 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3005-60554 23.68 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 101-3005-60554 21.57 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 101-3005-60554 -10.10 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3005-60554 75.00 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3008-60432 21.57 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3008-60432 33.25 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3008-60432 10.77 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3008-60432 538.92 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3008-60691 71.53 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3008-60691 35.64 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 101-3008-60691 18.33 INNOVATIVE DOCUMENT SO 111439 06/17/2016 MAR - MAY CONTRACT CHAR 101-1007-60662 7,587.06 JAS PACIFIC INC 111440 06/17/2016 MAY- BLDG PLAN CHECK 101-6003-60118 8,710.00 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOW ES4/25-5/24 101-2002-60670 29.82 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-2002-60670 19.44 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOW ES4/25-5/24 101-3002-60420 97.61 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3002-60691 22.43 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3003-60420 159.28 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3005-60423 49.96 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3008-60432 24.07 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3008-60432 9.19 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3008-60432 13.39 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES4/25-5/24 101-3008-60432 7.93 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3008-60665 8.70 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3008-60691 61.41 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 101-3008-60691 98.19 MOLLY MAID OF COACHELLA 111447 06/17/2016 REFUND OVERPAYMENT 101-0000-42300 5.00 6/17/2016 2:43:43 PM Page 1 of 8 57 Click here to return to Agenda Demand Register Packet: APPKT00764 - DA 6/17/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount MY PALM SPRINGS CONCIER 111449 06/17/2016 REFUND OVERPAYMENT 101-0000-41600 35.74 NAI CONSULTING INC 111450 06/17/2016 5/16- PROFESSIONAL SERVIC 101-7001-60104 41,319.64 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 101-7002-60183 725.00 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 101-7006-60104 6,647.50 OFFICE DEPOT 111451 06/17/2016 OFFICE SUPPLIES 101-1007-60402 430.81 OFFICE DEPOT 111451 06/17/2016 OFFICE SUPPLIES 101-1005-60400 19.15 OFFICE DEPOT 111451 06/17/2016 OFFICE SUPPLIES 101-1005-60400 39.57 OFFICE DEPOT 111451 06/17/2016 OFFICE SUPPLIES 101-1005-60400 104.35 OFFICE DEPOT 111451 06/17/2016 OFFICE SUPPLIES 101-1005-60400 84.24 PIRCH INC 111452 06/17/2016 REFUND OVERPAYMENT 101-0000-42300 100.00 PLUG & PAY TECHNOLOGIES I 111454 06/17/2016 MAY - CREDIT CARD FEES 101-3003-60122 21.82 RADEVA, MONIKA 111455 06/17/2016 4/6-4/7/16-TRAVEL REIMB 101-1005-60320 232.68 RADEVA, MONIKA 111455 06/17/2016 4/6-4/7/16-TRAVEL REIMB 101-1005-60330 8.85 RASA/ERIC NELSON 111456 06/17/2016 FTM 2016-0004 101-7002-60183 936.00 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60161 586,178.64 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60162 8,953.66 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60163 126,875.59 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60164 43,702.91 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60166 10,437.00 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60167 11,132.80 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60169 70,113.65 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60170 30,277.70 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60171 17,584.00 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60172 33,795.25 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60178 7,816.75 RIVERSIDE COUNTY SHERIFF 111457 06/17/2016 3/16- POLICE SERVICES 101-2001-60179 14,145.48 RIVERSIDE DEPARTMENT OF 111458 06/17/2016 GARNISHMENT 101-0000-20985 200.00 ROBERT HALF TECHNOLOGY 111459 06/17/2016 REPORT WRITING SVC 101-7001-60125 1,789.80 ROBERT HALF TECHNOLOGY 111459 06/17/2016 REPORT WRITING SVC 101-7001-60125 1,884.00 ROYAL GYM SERVICES 111461 06/17/2016 WC GYM SERVICE 101-3002-60420 315.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60153 4,000.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60153 3,139.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60153 3,698.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60153 1,252.50 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60153 15,508.14 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60154 1,536.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60154 120.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60154 784.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60154 480.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60154 1,272.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60154 720.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 101-1003-60154 1,224.00 SCENTAIR TECHNOLOGIES IN 111464 06/17/2016 GYM SUPPLIES 101-3002-60420 192.25 SCMAF 111465 06/17/2016 SCMAF MEMBERSHIP 101-3001-60351 130.00 SHARK POOLS INC 111466 06/17/2016 06/16-FB POOL SERVICE 101-3001-60184 1,475.00 SHARK POOLS INC 111466 06/17/2016 CHLORINE - FB POOL 101-3001-60184 407.50 SHARK POOLS INC 111466 06/17/2016 CHLORINE - FB POOL 101-3001-60184 112.00 SHARK POOLS INC 111466 06/17/2016 CHLORINE - FB POOL 101-3001-60184 .407.50 SHARK POOLS INC 111466 06/17/2016 FB POOL SERVICE 101-3001-60184 350.00 SHARK POOLS INC 111466 06/17/2016 FB POOL REPAIR 101-3005-60423 1,433.52 SHARK POOLS INC 111466 06/17/2016 FB POOL SERVICE 101-3001-60184 490.00 SHARK POOLS INC 111466 06/17/2016 06/16-LQ PARK WATER FEAT 101-3005-60554 295.00 SHARK POOLS INC 111466 06/17/2016 CHLORINE - LQ PARK 101-3005-60554 112.00 SMART & FINAL 111467 06/17/2016 LUNCHEON SUPPLIES 101-3002-60420 109.76 SMITH PIPE & SUPPLY CO 111468 06/17/2016 VALVE REPAIR VELASCO PARK 101-3005-60423 71.53 SPARKLETTS 111469 06/17/2016 DRINKING WATER 101-7001-60400 85.46 STANDARD INSURANCE COM 111470 06/17/2016 06/16-INSURANCE 101-0000-20947 541.50 STANDARD INSURANCE COM 111470 06/17/2016 06/16-INSURANCE 101-0000-20955 4,032.70 STAPLES ADVANTAGE 111471 06/17/2016 OFFICE SUPPLIES 101-3002-60400 37.23 STAPLES ADVANTAGE 111471 06/17/2016 OFFICE SUPPLIES 101-1002-60400 46.93 6/17/2016 2:43:43 PM Page 2 of 8 58 Click here to return to Agenda Demand Register Packet: APPKT00764 - DA 6/17/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount STAPLES ADVANTAGE 111471 06/17/2016 OFFICE SUPPLIES 101-1004-60400 36.06 STAPLES ADVANTAGE 111471 06/17/2016 OFFICE SUPPLIES 101-1004-60400 144.72 SUNLINE TRANSIT AGENCY 111474 06/17/2016 MAY - BUS PASSES 101-0000-20305 1,573.00 SUNLINE TRANSIT AGENCY 111474 06/17/2016 MAY- BUS PASSES 101-0000-42301 -119.25 SWANK MOTION PICTURES 111475 06/17/2016 MOONLIGHT MOVIE 101-3003-60149 28.00 SWANK MOTION PICTURES 111475 06/17/2016 MOONLIGHT MOVIE 101-3003-60149 28.00 UNITED WAY OF THE DESERT 111480 06/17/2016 CONTRIBUTION 101-0000-20981 30.00 VERIZON WIRELESS 111481 06/17/2016 WIRELESS SVC4/14-5/13 101-1007-61301 1,923.68 WELLNESS WORKS 111483 06/17/2016 05/16-EAP 101-1004-60104 262.50 WELLS FARGO BUSINESS CAR 111484 06/17/2016 VISA CARD PAYMENT 101-1006-60102 55.00 WILSON, RICHARD ELECTRIC 111487 06/17/2016 FS#93 ENGINE PARTS 101-2002-60670 145.60 YOAST TILE INC, JAMES 111488 06/17/2016 REFUND OVERPAYMENT 101-0000-42300 35.00 YOUNG ENGINEERING SVC 111489 06/17/2016 5/16-PLAN CHECK SVC 101-6003-60118 4,095.00 Fund 101- GENERAL FUND Total: 1,122,382.98 Fund: 201- GAS TAX FUND ALSCO INC 111403 06/17/2016 UNIFORM RENTAL 201-7003-60690 94.51 DESERT FIRE EXTINGUISHER 111426 06/17/2016 DESERT FIRE SERVICE 201-7003-60420 433.03 DESERT FIRE EXTINGUISHER 111426 06/17/2016 DESERT FIRE SERVICE 201-7003-60420 291.83 G RAI NG ER 111434 06/17/2016 MATERIAL 201-7003-60431 10.81 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 201-7003-60429 309.73 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 201-7003-60431 24.80 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 201-7003-60431 7.52 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 201-7003-60431 6.42 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 201-7003-60431 107.96 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 201-7003-60431 62.28 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 201-7003-60431 18.81 LOCK SHOP INC, THE 111445 06/17/2016 KEYS 201-7003-60431 2.38 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 201-7003-60431 16.39 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 201-7003-60431 42.25 TOPS'N BARRICADES INC 111478 06/17/2016 SIGNS 201-7003-60429 20.03 TOPS'N BARRICADES INC 111478 06/17/2016 SIGNS 201-7003-60429 62.33 TOPS'N BARRICADES INC 111478 06/17/2016 SIGN & POST 201-7003-60429 179.60 TOPS'N BARRICADES INC 111478 06/17/2016 SIGNS 201-7003-60429 373.69 UNDERGROUND SERVICE AL 111479 06/17/2016 DIG ALERT 33 201-7003-60431 49.50 ZUMAR INDUSTRIES, INC 111490 06/17/2016 SIGNS 201-7003-60429 650.30 Fund 201- GAS TAX FUND Total: 2,764.17 Fund: 202 - LIBRARY FUND HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 202-3006-60691 26.14 Fund 202 - LIBRARY FUND Total: 26.14 Fund: 215 - LIGHTING & LANDSCAPING FUND CALIFORNIA CONTRACTORS 111413 06/17/2016 MATERIAL IRRIGATION 215-7004-60431 423.47 COACHELLA VALLEY WATER 111424 06/17/2016 WATER SERVICE 215-7004-61211 740.78 COACHELLA VALLEY WATER 111424 06/17/2016 WATER SERVICE 215-7004-61211 180.10 COACHELLA VALLEY WATER 111424 06/17/2016 WATER SERVICE 215-7004-61211 1,242.96 FRONTIER COMMUNICATION 111431 06/17/2016 VERIZON/FRONTIER 5/25-6/ 215-7004-61116 146.38 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 215-7004-60423 191.94 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 215-7004-60431 12.18 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 215-7004-60431 18.81 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 215-7004-60431 38.94 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 215-7004-60431 147.45 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 215-7004-60431 14.60 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 215-7004-60431 123.07 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 215-7004-60431 31.26 KIRKPATRICK LANDSCAPING 111441 06/17/2016 PALM TREE PRUNING 215-7004-60673 12,300.00 KIRKPATRICK LANDSCAPING 111442 06/17/2016 5/16- LANDSCAPE SRVC 215-7004-60189 2,800.00 LANDMARK GOLF MANAGE 111444 06/17/2016 SRR - LANDSCAPE 3/1-4/31 215-7004-60143 6,028.00 PLANIT REPROGRAPHICS SYS 111453 06/17/2016 LANDSCAPE SERVICE 215-7004-60189 65.36 ROTO ROOTER PLUMBERS IN 111460 06/17/2016 SEPTIC TANK 215-7004-60431 3,200.00 6/17/2016 2:43:43 PM Page 3 of 8 59 Click here to return to Agenda Demand Register Packet: APPKT00764 - DA 6/17/16 Vendor Name Payment Number Payrnent Date Description (Payable) Account Number Amount WALTERS WHOLESALE ELECT 111482 06/17/2016 ELECTRICAL MATERIAL 215-7004-60431 90.58 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 27,795.88 Fund: 218 - CV VIOLENT CRIME TASK FORCE ADVANCED IMAGING SOLUTI 111401 06/17/2016 SVC SUPPLIES 4/23-5/22 218-0000-60665 55.26 AREVALOS CAMPOS, ROSAU 111407 06/17/2016 MAY - JANITORIAL 218-0000-60115 200.00 BURRTEC WASTE & RECYCLI 111412 06/17/2016 JUNE - TRASH SVC 218-0000-61501 85.61 CLASSIC AUTO TRANSPORT 111420 06/17/2016 EVIDENCETOW 218-0000-60420 170.00 DESERTARC 111428 06/17/2016 GTF T SHIRTS 218-0000-60690 96.34 FRONTIER -GANG TASK FORC 111432 06/17/2016 PHONE SVC 5/22-6/21 218-0000-61300 230.56 IMPERIAL IRRIGATION -GANG 111438 06/17/2016 ELECTRICITY4/28-5/25 218-0000-61101 405.40 STAPLES GANG TASK FORCE 111472 06/17/2016 OFFICE SUPPLIES 218-0000-60400 648.66 Fund 218 - CV VIOLENT CRIME TASK FORCE Total: 1,891.83 Fund: 224 - TUMF COACHELLA VALLEY ASSOC 0 111421 06/17/2016 5/16-TUMF FEE 224-0000-20320 12,862.08 Fund 224 - TUMF Total: 12,862.08 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 237-9001-60153 24.00 RUTAN & TUCKER 111462 06/17/2016 APR -LEGAL FEES 237-9001-60153 4,000.00 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 4,024.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS HERMANN DESIGN GROUP 1 111435 06/17/2016 DESIGN - FB PARK PKWY 201 401-0000-60185 380.00 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 401-0000-60188 12.68 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 401-0000-60188 33.99 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 401-0000-60188 16.64 MSA CONSULTING INC 111448 06/17/2016 MAY - RE -SET SURVEY 2015- 401-0000-60108 1,000.00 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 3,749.92 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 405.00 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 1,450.00 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 405.00 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 145.00 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 1,952.50 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 435.00 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 5,007.50 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONAL SERVIC 401-0000-60103 1,515.00 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 2,287.50 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60103 1,342.49 NAI CONSULTING INC 111450 06/17/2016 5/16-PROFESSIONALSERVIC 401-0000-60185 1,015.00 PLANIT REPROGRAPHICS SYS 111453 06/17/2016 CONST PLANS/SPECS 2015-0 401-0000-60188 600.32 TKD ASSOCIATES INC 111477 06/17/2016 DESIGN - LANDSCAPE 2015-0 401-0000-60185 885.00 TKD ASSOCIATES INC 111477 06/17/2016 DESIGN - LANDSCAPE 2015-0 401-0000-60185 1,770.00 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 24,408.54 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 111409 06/17/2016 TK#64SWEEPER 501-0000-60678 13.98 CARQUEST 111417 06/17/2016 TK#64SWEEPER 501-0000-60678 51.66 CLASSIC AUTO TRANSPORT 111420 06/17/2016 TK#28 CHEVY TOWING 501-0000-60675 100.00 FUELMAN 111433 06/17/2016 FUEL 5/1-5/31 501-0000-60674 906.13 L & L AUTOMOTIVE 111443 06/17/2016 TK#52 SERVICE 501-0000-60676 188.78 L & L AUTOMOTIVE 111443 06/17/2016 TK#28 SERVICE 501-0000-60676 1S0.26 SAM'S CYCLE SERVICE 111463 06/17/2016 06 HONDA REPAIR 501-0000-60679 692.21 WILSON CYCLE SPORTS CORP 111486 06/17/2016 MOTORCYCLE REPAIR 501-0000-60679 541.95 Fund 501- EQUIPMENT REPLACEMENT Total: 2,644.97 Fund: 502 - INFORMATION TECHNOLOGY PLUG & PAY TECHNOLOGIES 1 111454 06/17/2016 MAY - CREDIT CARD FEES 502-0000-60122 20.00 SUNGARD PUBLIC SECTOR IN 111473 06/17/2016 ETRACKIT PERMIT 502-0000-60301 1,450.00 TIME WARNER CABLE 111476 06/17/2016 CITY HALL FIBER 6/10-7/9 502-0000-61400 1,560.00 Fund 502 - INFORMATION TECHNOLOGY Total: 3,030.00 Fund: 601- SILVERROCK RESORT HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT4/29-5/26 601-0000-60556 14.69 6/17/2016 2:43:43 PM Page 4 of 8 60 Click here to return to Agenda Demand Register Packet: APPKT00764 - DA 6/17/16 Vendor Name Payment Number , Payment Date Description (Payable) Account Number Amount . HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 601-0000-60556 20.93 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 601-0000-60556 16.82 HOME DEPOT CREDIT SERVIC 111436 06/17/2016 HOME DEPOT 4/29-5/26 601-0000-60556 102.62 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 601-0000-60556 14.23 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 601-0000-60556 -8.52 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 601-0000-60556 23.82 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 601-0000-60556 6.64 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 601-0000-60556 6.39 LOWE'S HOME IMPROVEME 111446 06/17/2016 LOWES 4/25-5/24 601-0000-60660 12.49 Fund 601- SILVERROCK RESORT Total: 210.11 Fund: 735 - 97-1 AGENCY REDEMPTION FUND WILLDAN FINANCIAL SERVIC 111485 06/17/2016 AD97-1ADMIN 735-0000-23410 152.66 Fund 735 - 97-1 AGENCY REDEMPTION FUND Total: 152.66 Grand Total: 1,202,193.36 6/17/2016 2:43:43 PM Page 5 of 8 61 Demand Register Click here to return to Agenda Packet: APPKT00764 - DA 6/17/16 Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FUND 218 - CV VIOLENT CRIME TASK FORCE 224 - TUMF 237 - SUCCESSOR AGCY PA 1 ADMIN 401- CAPITAL IMPROVEMENT PROGRAMS 501 - EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 601- SILVERROCK RESORT 735 - 97-1 AGENCY REDEMPTION FUND Account Number 101-0000-20305 101-0000-20310 101-0000-20947 101-0000-20949 101-0000-20955 101-0000-20981 101-0000-20985 101-0000-41600 101-0000-42200 101-0000-42300 101-0000-42301 101-0000-43631 101-1002-60320 101-1002-60400 101-1003-60153 101-1003-60154 101-1004-60104 101-1004-60125 101-1004-60400 101-1005-60320 101-1005-60330 101-1005-60400 101-1006-60102 101-1007-60402 101-1007-60662 101-1007-61301 101-2001-36310 101-2001-60161 101-2001-60162 101-2001-60163 101-2001-60164 101-2001-60166 101-2001-60167 101-2001-60168 101-2001-60169 101-2001-60170 101-2001-60171 101-2001-60172 101-2001-60178 101-2001-60179 101-2002-60670 101-3001-60184 101-3001-60351 Grand Total: Account Summary Account Name Due to SunLine MSHCP Mitigation Fee Life Insurance Pay LT Care Insurance Pay Disability Insurance Pay United Way Deductions Garnishments Payable Business Licenses Leisure Enrichment Cash Over/Short Miscellaneous Revenue CVMSHCP Admin Fee Travel &Training Office Supplies Attorney Attorney/Litigation Consultants Temporary Agency Servi Office Supplies Travel & Training Mileage Reimbursement Office Supplies Administration Forms Copiers Mobile/Cell Phones Blood/Alcohol Testing Sheriff - Patrol Patrol Deputy Overtime Target Team Community Services Offi Gang Task Force Narcotics Task Force School Officer Motor Officer Dedicated Sargeant Dedicated Lieutenant Sheriff - Mileage COPS Robbery Preventio COPS Burglary/Theft Pre Fire Station Fritz Burns Park Membership Dues Expense Amount 1,122,382.98 2,764.17 26.14 27,795.88 1,891.83 12,862.08 4,024.00 24,408.54 2,644.97 3,030.00 210.11 152.66 1,202,193.36 Expense Amount 1,573.00 9,107.00 541.50 144.16 4,032.70 30.00 325.00 35.74 50.00 140.00 -119.25 -91.07 100.00 46.93 27,597.64 6,136.00 262.50 514.80 180.78 232.68 8.85 247.31 55.00 430.81 9,453.54 1,923.68 909.70 586,178.64 8,953.66 126,875.59 43,702.91 10,437.00 11,132.80 16,538.01 70,113.65 30,277.70 17,584.00 33,795.25 7,816.75 14,145.48 194.86 3,242.00 130.00 6/17/2016 2:43:43 PM Page 6 of 8 62 Demand Register Click here to return to Agenda Packet: APPKT00764 - DA 6/17/16 Account Summary Account Number Account Name Expense Amount 101-3002-60115 Janitorial 133.06 101-3002-60400 Office Supplies 37.23 101-3002-60420 Operating Supplies 1,370.75 101-3002-60691 Repair & Maintenance 22.43 101-3003-60122 Credit Card Fees 21.82 101-3003-60149 Special Events 56.00 101-3003-60420 Operating Supplies 182.00 101-3005-60423 Supplies -Graffiti 1,560.38 101-3005-60554 LQ Park Building 517.15 101-3007-60461 Marketing & Tourism Pr 962.00 101-3007-60462 Media 4,500.00 101-3008-60108 Technical 131.25 101-3008-60432 Small Tools/Equipment 659.09 101-3008-60665 Maint.-Other Equipment 8.70 101-3008-60691 Repair & Maintenance 422.97 101-6003-60118 Plan Checks 12,805.00 101-6004-60320 Travel & Training 375.00 101-6004-61190 Admin Citation Services 108.00 101-7001-60104 Consultants 41,319.64 101-7001-60125 Temporary Agency Servi 3,673.80 101-7001-60400 Office Supplies 85.46 101-7002-60183 Map/Plan Checking 1,661.00 101-7006-60104 Consultants 6,782.95 201-7003-60420 Operating Supplies 724.86 201-7003-60429 Signs 1,595.68 201-7003-60431 Materials 349.12 201-7003-60690 Uniforms 94.51 202-3006-60691 Repair & Maintenance 26.14 215-7004-60143 SilverRock Way Landsca 6,028.00 215-7004-60189 Technical 2,865.36 215-7004-60423 Supplies -Graffiti 191.94 215-7004-60431 Materials 4,100.36 215-7004-60673 Palm Trees 12,300.00 215-7004-61116 Utilities - Electric - Signal 146.38 215-7004-61211 Utilities - Water - Media 2,163.84 218-0000-60115 Janitorial 200.00 218-0000-60400 Office Supplies 648.66 218-0000-60420 Operating Expenses 170.00 218-0000-60665 Maint.-Other Equipment 55.26 218-0000-60690 Uniforms 96.34 218-0000-61101 Electricity 405.40 218-0000-61300 Utilities - Telephone 230.56 218-0000-61501 Refuse Collection 85.61 224-0000-20320 TUMF Payable to CVAG 12,862.08 237-9001-60153 Attorney 4,024.00 401-0000-60103 Professional Services 18,694.91 401-0000-60108 Technical 1,000.00 401-0000-60185 Design 4,050.00 401-0000-60188 Construction 663.63 501-0000-60674 Fuel & Oil 906.13 501-0000-60675 Parts & Maintenance Su 100.00 501-0000-60676 Vehicle Repair & Mainte 339.04 501-0000-60678 Street Sweeper 65.64 501-0000-60679 Motorcycle Repair & Ma 1,234.16 502-0000-60122 Credit Card Fee 20.00 502-0000-60301 Software Licenses 1,450.00 502-0000-61400 Utilities - Cable 1,560.00 601-0000-60556 SilverRock Buildings 197.62 6/17/2016 2:43:43 PM Page 7 of 8 63 Demand Register Click here to return to Agenda Packet: APPKT00764 - DA 6/17/16 Account Summary Account Number Account Name Expense Amount 601-0000-60660 Repair & Maintenance 12.49 735-0000-23410 AD Administrative fees 152.66 Grand Total: 1,202,193.36 Project Account Summary Project Account Key Expense Amount **None** 1,177,784.82 091002D 1,015.00 091004P 1,515.00 111205P 1,342.49 121307P 5,007.50 131402P 3,749.92 131407CT 63.31 141512P 405.00 151602P 1,450.00 151604CT 600.32 151604P 145.00 151605D 2,655.00 151606P 405.00 151609P 435.00 151610T 1,000.00 151611P 1,952.50 151612P 2,287.50 151613D 380.00 Grand Total: 1,202,193.36 6/17/2016 2:43:43 PM Page 8 of 8 64 Click here to return to Agenda Demand Register /r -,,I . r City of La Quinta, CA Packet: APPKT00770 - DA 6/24/16 .y.L"4. -•y Y•�b� � Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND ACCOUNTEMPS 111491 06/24/2016 06/3/16-TEMP STAFFING 101-1004-60125 421.20 ALVAREZ, MARIA ISABEL 111493 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3002-60107 536.35 AUTOZONE 111495 06/24/2016 06/14/16- GOLF CART BATTE 101-3008-60665 263.50 AUTOZONE 111495 06/24/2016 06/14/16- BATTERY CREDIT 101-3008-60665 -44.00 AUTOZONE 111495 06/24/2016 06/15/16-SWITCH CABLE 101-3008-60665 6.76 BAUER, FARA 111496 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3002-60107 98.00 BIO CLEAR WATER SOLUTION 111497 06/24/2016 06/8/16- CIVIC CTR LAKE MA 101-3005-60117 1,010.50 CASH/PETTY CASH 111499 06/24/2016 06/22/16- REIMB PETTY CAS 101-0000-20985 9.52 CASH/PETTY CASH 111499 06/24/2016 06/22/16- REIMB PETTY CAS 101-0000-42300 -4.85 CASH/PETTY CASH 111499 06/24/2016 06/22/16- REIMB PETTY CAS 101-1005-60400 16.18 CASH/PETTY CASH 111499 06/24/2016 06/22/16- REIMB PETTY CAS 101-2002-60110 24.85 CASH/PETTY CASH 111499 06/24/2016 06/22/16- REIMB PETTY CAS 101-2002-60320 7.97 CASH/PETTY CASH 111499 06/24/2016 06/22/16- REIMB PETTY CAS 101-3003-60149 40.00 CASH/PETTY CASH 111499 06/24/2016 06/22/16- REIMB PETTY CAS 101-3008-60691 1.91 COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 101-2002-61200 610.44 COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 101-3005-61204 96.00 COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 101-3005-61207 482.69 COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 101-3005-61208 19.00 COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 101-3005-61209 106.07 COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 101-3008-61200 40.30 COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 101-7006-60146 634.80 COACHELLA VALLEY WATER 111502 06/24/2016 06/20/16- WATER SERVICE 101-2002-61200 63.82 COACHELLA VALLEY WATER 111502 06/24/2016 06/20/16- WATER SERVICE 101-3005-61203 62.68 COACHELLA VALLEY WATER 111502 06/24/2016 06/20/16- WATER SERVICE 101-3005-61205 38.04 COACHELLA VALLEY WATER 111502 06/24/2016 06/20/16- WATER SERVICE 101-3005-61206 135.50 CONSERVE LANDCARE 111505 06/24/2016 06/16- LANDSCAPE MAINT 101-3005-60108 28,575.00 COUNTY OF RIVERSIDE 111506 06/24/2016 07/15-6/16- RMS/CLETS SVC 101-2001-60176 60,083.00 CTLC, LLC 111507 06/24/2016 06/15-WASH PRK PRJT PM36 101-0000-22810 28,189.00 DATA TICKET, INC. 111508 06/24/2016 05/16- PARKING CITATIONS 101-6004-60111 644.93 DEPARTMENT OF ANIMAL SE 111510 06/24/2016 03/16- SHELTER SERVICES 101-6004-51070 18,429.16 DEPARTMENT OF ANIMAL SE 111510 06/24/2016 04/16- SHELTER SERVICES 101-6004-51070 18,880.36 DEPARTMENT OF ANIMAL SE 111510 06/24/2016 05/16- SHELTER SERVICES 101-6004-51070 17,881.51 DESERT FIRE EXTINGUISHER 111512 06/24/2016 05/17/16- FIRE EXT SERVICE 101-3002-60692 332.68 DESERT FIRE EXTINGUISHER 111512 06/24/2016 05/17/16- FIRE EXT SERVICE 101-3005-60555 66.57 DESERT FIRE EXTINGUISHER 111512 06/24/2016 05/17/16- FIRE EXT SERVICE 101-3005-60554 27.25 DESERT FIRE EXTINGUISHER 111512 06/24/2016 05/17/16- FIRE EXT SERVICE 101-3001-60184 13.63 DESERT FIRE EXTINGUISHER 111512 06/24/2016 05/17/16- FIRE EXT SERVICE 101-3002-60692 79.65 DESERT SUN PUBLISHING CO 111513 06/24/2016 05/02-05/29/16-ADS 101-1005-60450 308.00 DESERT SUN PUBLISHING CO 111513 06/24/2016 05/02-05/29/16-ADS 101-6001-60450 462.00 DESERT SUN PUBLISHING CO 111513 06/24/2016 05/02-05/29/16-ADS 101-6001-60450 302.00 DESERT SUN PUBLISHING CO 111513 06/24/2016 05/02-05/29/16-ADS 101-6001-60450 290.00 DESERT SUN PUBLISHING CO 111513 06/24/2016 05/02-05/29/16-ADS 101-7001-60420 134.00 DESERT SUN PUBLISHING CO 111514 06/24/2016 03/28-5/1/16-ADS 101-6001-60450 302.00 DESERT SUN PUBLISHING CO 111514 06/24/2016 03/28-5/1/16-ADS 101-6001-60450 362.00 DESERT SUN PUBLISHING CO 111514 06/24/2016 03/28-5/1/16-ADS 101-6001-60450 462.00 DESERT SUN PUBLISHING CO 111514 06/24/2016 03/28-5/1/16-ADS 101-6001-60450 370.00 DESERT SUN PUBLISHING CO 111514 06/24/2016 03/28-5/1/16-ADS 101-6001-60450 318.00 DESERT SUN PUBLISHING CO 111514 06/24/2016 03/28-5/1/16-ADS 101-6001-60450 286.00 DESERT SUN PUBLISHING CO 111515 06/24/2016 02/16- ADS 101-6001-60450 318.00 DESERT SUN PUBLISHING CO 111515 06/24/2016 02/16- ADS 101-6001-60450 306.00 DESERT SUN PUBLISHING CO 111515 06/24/2016 02/16- ADS 101-6001-60450 294.00 DESERT SUN PUBLISHING CO 111515 06/24/2016 02/16- ADS 101-6001-60450 306.00 DESERT SUN PUBLISHING CO 111515 06/24/2016 02/16- ADS 101-6001-60450 462.00 6/23/2016 5:21:31 PM Page 1 of 7 65 Click here to return to Agenda Demand Register Packet: APPKT00770 - DA 6/24/16 Vendor Name , Payment Number Payment Date Description (Payable) Account Number Amount DESERT SUN PUBLISHING CO 111516 06/24/2016 02/29-3/27/16- ADS 101-6001-60450 462.00 DESERT SUN PUBLISHING CO 111516 06/24/2016 02/29-3/27/16- ADS 101-6001-60450 294.00 DESERT SUN PUBLISHING CO 111516 06/24/2016 02/29-3/27/16-ADS 101-6001-60450 462.00 DUNE, CLARE 111517 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3003-60107 10.50 ESGIL CORPORATION 111518 06/24/2016 05/16- BLDG PLAN CHECK 101-6003-60118 2,606.28 FEDEX 111519 06/24/2016 06/10/16- OVERNIGHT MAIL 101-1007-60470 23.72 GAS COMPANY, THE 111522 06/24/2016 04/29-5/31/16- FS#93 GAS 101-2002-61100 76.06 GENERAL AIR CONDITIONIN 111523 06/24/2016 06/10/16- REFUND OVERPAY 101-0000-42300 50.00 GOLDEN TOUCH CLEANING 1 111524 06/24/2016 05/16-JANITORIAL MAINT 101-3002-60115 1,795.00 GOLDEN TOUCH CLEANING 1 111524 06/24/2016 05/16-JANITORIAL MAINT 101-3003-60157 200.00 GOLDEN TOUCH CLEANING 1 111524 06/24/2016 05/16-JANITORIAL MAINT 101-3005-60115 600.00 GOLDEN TOUCH CLEANING 1 111524 06/24/2016 05/16-JANITORIAL MAINT 101-3008-60115 3,540.00 GONSALVES, JOE A & SON 111525 06/24/2016 06/16- LEGISLATIVE SVC 101-1002-60101 3,500.00 HEARTSMART.COM 111526 06/24/2016 06/02/16- AED KITS 101-3001-60184 1,382.00 HEIN, SHERI 111527 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3002-60107 61.25 HENRY, PAMELA 111528 06/24/2016 06/09/16- REFUND OVERPAY 101-0000-42300 12.61 HERMANN DESIGN GROUP 1 111530 06/24/2016 06/8/16- LANDSCAPE LQAU 101-1002-60101 5,137.26 HERMANN DESIGN GROUP 1 111530 06/24/2016 05/16- DESIGN N LQTURF 101-7006-60104 2,429.10 INTELLIGENT RECYCLING SOL 111532 06/24/2016 12/26/14- WASTE OIL/PLANT 101-0000-20267 567.00 ITE 111533 06/24/2016 06/24/16-TRFF ENG HANDB 101-7006-53040 117.00 JONASSON, TIM 111535 06/24/2016 06/6/16- APWA LUNCHEON 101-7001-60320 25.00 KLEIN, SANDRA 111538 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3003-60107 385.00 LA QUINTA CHAMBER OF CO 111539 06/24/2016 06/10/16- CV LINK LUNCH EO 101-1002-60320 120.00 LIEBERT CASSIDY WHITMOR 111540 06/24/2016 03/29-06/30/16- ERC MEMB 101-1004-60351 1,746.00 LOCK SHOP INC, THE 111541 06/24/2016 06/09/16- LOCK REPAIR 101-3005-60555 240.80 LOCK SHOP INC, THE 111541 06/24/2016 06/09/16- LOCKS 101-3005-60554 240.80 LUDWIG ENGINEERING ASSO 111542 06/24/2016 06/10/16- REFUND OVERPAY 101-0000-42300 5.00 MALET, DEBBI & GAIL RIGBY 111543 06/24/2016 06/10/16- REFUND OVERPAY 101-0000-42300 12.15 MISELL, STACY 111544 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3002-60107 182.35 NI GOVERNMENT SERVICES 1 111545 06/24/2016 05/16- SATELLITE PHONES 101-2002-61304 154.75 OFFICE DEPOT 111546 06/24/2016 04/12/16- OFFICE SUPPLIES 101-1005-60400 11.33 ONTRAC 111547 06/24/2016 06/04/16- OVERNIGHT MAIL 101-1007-60470 25.06 PALMS TO PINES PRINTING 111548 06/24/2016 06/13/16- PROMOTIONAL IT 101-3007-60461 4,999.95 PATTON DOOR & GATE 111549 06/24/2016 06/15/16- FS#70 GATE PARTI 101-2002-60447 7,590.00 PRYOR SEMINARS, FRED 111550 06/24/2016 06/16/16-EXCEL TRAINING 101-1006-60320 149.00 ROGERS, ANDERSON, MALO 111551 06/24/2016 04/16- PROFESSIONAL SVC 101-1006-60103 26.03 ROJAS, MIGUEL ANGEL 111552 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3003-60107 1,968.58 ROTO ROOTER PLUMBERS IN 111553 06/24/2016 05/31/16- FS#32 PLUMBING 101-2002-60112 7,950.00 SACKS, DONNA 111554 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3003-60107 58.80 SHIRY, TERESA 111555 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3003-60107 681.80 SIMPLY DELICIOUS 111556 06/24/2016 06/15/16- COUNCIL WORKS 101-1002-60320 98.00 STAPLES ADVANTAGE 111557 06/24/2016 02/13/16- OFFICE SUPPLIES 101-1002-60400 70.48 STAPLES ADVANTAGE 111557 06/24/2016 02/13/16- OFFICE SUPPLIES 101-6004-60400 11.97 STAPLES ADVANTAGE 111557 06/24/2016 05/22/16- OFFICE SUPPLIES 101-1002-60400 29.57 STAPLES ADVANTAGE 111557 06/24/2016 05/22/16- OFFICE SUPPLIES 101-6004-60400 557.19 STAPLES ADVANTAGE 111557 06/24/2016 05/28/16- OFFICE SUPPLIES 101-1002-60400 5.70 STAPLES ADVANTAGE 111557 06/24/2016 05/28/16- OFFICE SUPPLIES 101-6004-60400 219.23 STAPLES ADVANTAGE 111557 06/24/2016 06/02/16- PAPER 101-1006-60400 36.55 STAPLES ADVANTAGE 111557 06/24/2016 06/04/16- OFFICE CHAIR 101-3008-71021 129.55 STAPLES ADVANTAGE 111557 06/24/2016 06/04/16- OFFICE SUPPLIES 101-1002-60400 213.51 STAPLES ADVANTAGE 111557 06/24/2016 06/04/16- OFFICE SUPPLIES 101-3001-60400 5.18 STAPLES ADVANTAGE 111557 06/24/2016 06/04/16- OFFICE SUPPLIES 101-1002-60400 64.79 STAPLES ADVANTAGE 111557 06/24/2016 06/05/16- OFFICE SUPPLIES 101-1006-60400 106.90 STAPLES ADVANTAGE 111557 06/24/2016 06/09/16- OFFICE SUPPLIES 101-1002-60400 142.55 STATE WATER RESOURCES C 111558 06/24/2016 06/21/16- SWRCB FEES 101-7002-60103 27.50 STUDIOCARPRARO.COM 111559 06/24/2016 05/23-6/6/16- HISTORICAL 101-3007-60461 693.75 STUDIOCARPRARO.COM 111559 06/24/2016 05/23-6/9/16- BIKE/PARK M 101-3007-60461 1,050.00 STUDIOCARPRARO.COM 111559 06/24/2016 03/9-6/10/16- ART MAP 101-3007-60461 2,475.00 TRUE, ARTHUR ALLEN 111562 06/24/2016 06/14/16- INSTRUCTOR. PAY 101-3003-60107 373.80 ULRICH, MARGARET 111563 06/24/2016 06/14/16- INSTRUCTOR PAY 101-3003-60107 112.00 6/23/2016 5:21:31 PM Page 2 of 7 66 Click here to return to Agenda Demand Register Packet: APPKT00770 - DA 6/24/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount VALLEY LOCK & SAFE 111564 06/24/2016 06/07/16- LQ PARK GATE REP 101-3005-60554 155.93 VERIZON WIRELESS 111565 06/24/2016 04/26-05/25/16- LQPD WIRE 101-1007-61301 1,102.40 VINTAGE ASSOCIATES 111566 06/24/2016 06/15/16- CITY HALL PLANTS 101-3005-60113 140.76 WIMMER, ED 111567 06/24/2016 06/06/16- APWA LUNCHEON 101-7006-60320 25.00 Fund 101- GENERAL FUND Total: 240,907.46 Fund: 201- GAS TAX FUND ALSCO INC 111492 06/24/2016 06/10/16- UNIFORM RENTAL 201-7003-60690 94.51 HEARTSMART.COM 111526 06/24/2016 06/02/16- AED KITS 201-7003-60427 1,382.00 TIME WARNER CABLE 111560 06/24/2016 05/02/16- CABLE SERVICE 201-7003-61400 66.37 Fund 201- GAS TAX FUND Total: 1,542.88 Fund: 202 - LIBRARY FUND COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 202-3004-61200 20.00 COACHELLA VALLEY WATER 111501 06/24/2016 06/20/16-WATER SERVICE 202-3006-61200 95.35 CONSERVE LANDCARE 111505 06/24/2016 06/16- LANDSCAPE MAINT 202-3004-60112 1,575.00 CONSERVE LANDCARE 111505 06/24/2016 06/16- LANDSCAPE MAINT 202-3006-60108 1,115.00 DESERT FIRE EXTINGUISHER 111512 06/24/2016 05/17/16- FIRE EXT SERVICE 202-3004-60664 98.48 DESERT FIRE EXTINGUISHER 111512 06/24/2016 05/17/16- FIRE EXT SERVICE 202-3006-60664 118.04 FIRST CHOICE A/C & HEATIN 111520 06/24/2016 05/28/16- LIBRARY A/C MAI 202-3004-60667 1,548.00 GOLDEN TOUCH CLEANING I 111524 06/24/2016 05/16- JANITORIAL MAINT 202-3004-60115 1,900.00 GOLDEN TOUCH CLEANING 1 111524 06/24/2016 05/16- JANITORIAL MAINT 202-3006-60115 550.00 Fund 202 - LIBRARY FUND Total: 7,019.87 Fund: 215 - LIGHTING & LANDSCAPING FUND COACHELLA VALLEY WATER 111502 06/24/2016 06/20/16- WATER SERVICE 215-7004-61211 4,061.48 CONSERVE LANDCARE 111505 06/24/2016 06/16- LANDSCAPE MAINT 215-7004-60189 5,815.00 DESERT ELECTRIC SUPPLY 111511 06/24/2016 06/8/16- ELECTRICAL 215-7004-60431 13.12 DESERT ELECTRIC SUPPLY 111511 06/24/2016 06/8/16- ELECTRICAL 215-7004-60431 63.19 DESERT SUN PUBLISHING CO 111513 06/24/2016 05/02-05/29/16-ADS 215-7004-60189 726.00 DESERT SUN PUBLISHING CO 111513 06/24/2016 05/02-05/29/16-ADS 215-7004-60189 782.00 DESERT SUN PUBLISHING CO 111513 06/24/2016 05/02-05/29/16-ADS 215-7004-60189 162.00 FRONTIER COMMUNICATION 111521 06/24/2016 06/16- PHONE SERVICE FINA 215-7004-60189 35.42 FRONTIER COMMUNICATION 111521 06/24/2016 06/16-TRFF SIGNAL SVC FIN 215-7004-61116 123.42 IMPERIAL IRRIGATION DIST 111531 06/24/2016 06/21/16- ELECTRICAL SERVI 215-7004-61116 789.68 IMPERIAL IRRIGATION DIST 111531 06/24/2016 06/21/16- ELECTRICAL SERVI 215-7004-61117 49.71 KIRKPATRICK LANDSCAPING 111537 06/24/2016 06/01/16- LANDSCAPE SVC 215-7004-60189 38,211.08 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 50,832.10 Fund: 235 - SO COAST AIR QUALITY FUND COACHELLA VALLEY ASSOC O 111500 06/24/2016 01/16-3/16- AB2766 3RD QT 235-0000-60186 7,795.86 Fund 235 - SO COAST AIR QUALITY FUND Total: 7,795.86 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS CONSERVE LANDCARE 111503 06/24/2016 05/31/16- FINAL PROGRESS 401-0000-60188 131,720.78 CONSERVE LANDCARE 111504 06/24/2016 05/31/16- FS#70 & CCC 2015 401-0000-60188 184,385.50 CONSERVE LANDCARE 111504 06/24/2016 05/31/16- FS#70 & CCC 2015 401-0000-60188 54,493.52 DDL TRAFFIC INC. 111509 06/24/2016 06/13/16- ANCHOR BOLTS 401-0000-60188 185.00 DESERT SUN PUBLISHING CO 111S14 06/24/2016 03/28-5/1/16-ADS 401-0000-60188 950.00 DESERT SUN PUBLISHING CO 111515 06/24/2016 02/16- ADS 401-0000-60185 998.00 DESERT SUN PUBLISHING CO 111516 06/24/2016 02/29-3/27/16- ADS 401-0000-60188 942.00 HEPTAGON SEVEN CONSULTI 111529 06/24/2016 04/16-06/10/16- PT HAPPY 401-0000-60185 863.90 HEPTAGON SEVEN CONSULTI 111529 06/24/2016 04/16-06/10-16- ROU DEL DR 401-0000-60185 866.90 HERMANN DESIGN GROUP I 111530 06/24/2016 05/16- DESIGN YMCA LANDS 401-0000-60185 581.90 HERMANN DESIGN GROUP I 111530 06/24/2016 05/16- DESIGN COVE OASIS 401-0000-60185 2,350.75 JOHNSON MACHINERY CO. 111534 06/24/2016 06/09/16- EQUIP RENTAL 401-0000-60188 98.46 JTB SUPPLY CO., INC. 111536 06/24/2016 06/10/16- GLARE SHEILD 401-0000-60188 108.00 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 378,544.71 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 111495 06/24/2016 09/21/15- BATTERIES 501-0000-60675 257.88 AUTOZONE 111495 06/24/2016 06/8/16- SHADE REFLECTOR 501-0000-60675 9.47 GAS COMPANY, THE 111522 06/24/2016 05/01-6/1/16- VEHICLE FUEL 501-0000-60678 327.92 6/23/2016 5:21:31 PM Page 3 of 7 67 Demand Register Click here to return to Agenda Packet: APPKT00770 - DA 6/24/16 Vendor Name Payment Number TOWER ENERGY GROUP 111561 Fund: 502 - INFORMATION TECHNOLOGY APPLE FINANCIAL SERVICES 111494 TIME WARNER CABLE 111560 Fund: 504 - INSURANCE FUND CALIFORNIA JOINT POWERS 1 111498 CALIFORNIA JOINT POWERS 1 111498 Fund: 601- SILVERROCK RESORT FIRST CHOICE A/C & HEATIN 111520 HEARTSMART.COM 111526 Payment Date Description (Payable) . Account Number Amount 06/24/2016 05/16-5/31/16- DIESEL FUEL 501-0000-60674 1,650.02 Fund 501- EQUIPMENT REPLACEMENT Total: 2,245.29 06/24/2016 06/08/16- IPAD LEASE #22 502-0000-80100 429.70 06/24/2016 06/03/16- WC CABLE 502-0000-61400 125.07 Fund 502 - INFORMATION TECHNOLOGY Total: 554.77 06/24/2016 FY16/17- LIABILITY INS 504-0000-13600 226,309.00 06/24/2016 FY16/17- WORKERS COMP 504-0000-13600 193,984.00 Fund 504 - INSURANCE FUND Total: 420,293.00 06/24/2016 05/28/16- SRR A/C MAINT 601-0000-60556 2,491.00 06/24/2016 06/02/16- AED KITS 601-0000-60556 1,382.00 Fund 601- SILVERROCK RESORT Total: 3,873.00 Grand Total: 1,113,608.94 6/23/2016 5:21:31 PM Page 4 of 7 68 Demand Register Click here to return to Agenda Packet: APPKT00770 - DA 6/24/16 Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FUND 235 - SO COAST AIR QUALITY FUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 504 - INSURANCE FUND 601- SILVERROCK RESORT Account Number 101-0000-20267 101-0000-20985 101-0000-22810 101-0000-42300 101-1002-60101 101-1002-60320 101-1002-60400 101-1004-60125 101-1004-60351 101-1005-60400 101-1005-60450 101-1006-60103 101-1006-60320 101-1006-60400 101-1007-60470 101-1007-61301 101-2001-60176 101-2002-60110 101-2002-60112 101-2002-60320 101-2002-60447 101-2002-61100 101-2002-61200 101-2002-61304 101-3001-60184 101-3001-60400 101-3002-60107 101-3002-60115 101-3002-60692 101-3003-60107 101-3003-60149 101-3003-60157 101-3005-60108 101-3005-60113 101-3005-60115 101-3005-60117 101-3005-60554 101-3005-60555 101-3005-61203 101-3005-61204 101-3005-61205 101-3005-61206 101-3005-61207 101-3005-61208 101-3005-61209 Grand Total: Account Summary Account Name Escheated Outstanding Garnishments Payable Developer Deposits Cash Over/Short Contract Services - Admi Travel & Training Office Supplies Temporary Agency Servi Membership Dues Office Supplies Advertising Professional Services Travel & Training Office Supplies Postage Mobile/Cell Phones Sheriff - Other Volunteers - Fire Landscape Contract Travel & Training Earthquake/Flood Utilities - Gas Utilities - Water Mobile/Cell Phones Fritz Burns Park Office Supplies Instructors Janitorial Maint.-Fire Extinguishers Instructors Special Events Rental Expense Technical Landscape Improvement Janitorial Civic Center Lake Mainte LC, Park Building Sports Complex Building Utilities - Water -Eisenho Utilities - Water -Fritz Bu Utilities - Water -Velasco Utilities - Water -Desert Utilities - Water -Pioneer Utilities - Water -Season Utilities - Water-Commu Expense Amount 240,907.46 1,542.88 7,019.87 50,832.10 7,795.86 378, 544.71 2,245.29 554.77 420,293.00 3,873.00 1,113,608.94 Expense Amount 567.00 9.52 28,189.00 74.91 8,637.26 218.00 526.60 421.20 1,746.00 27.51 308.00 26.03 149.00 143.45 48.78 1,102.40 60,083.00 24.85 7,950.00 7.97 7,590.00 76.06 674.26 154.75 1,395.63 5.18 877.95 1,795.00 412.33 3,590.48 40.00 200.00 28,575.00 140.76 600.00 1,010.50 423.98 307.37 62.68 96.00 38.04 135.50 482.69 19.00 106.07 6/23/2016 5:21:31 PM Page 5 of 7 69 Demand Register Click here to return to Agenda Packet: APPKT00770 - DA 6/24/16 Account Number 101-3007-60461 101-3008-60115 101-3008-60665 101-3008-60691 101-3008-61200 101-3008-71021 101-6001-60450 101-6003-60118 101-6004-51070 101-6004-60111 101-6004-60400 101-7001-60320 101-7001-60420 101-7002-60103 101-7006-53040 101-7006-60104 101-7006-60146 101-7006-60320 201-7003-60427 201-7003-60690 201-7003-61400 202-3004-60112 202-3004-60115 202-3004-60664 202-3004-60667 202-3004-61200 202-3006-60108 202-3006-60115 202-3006-60664 202-3006-61200 215-7004-60189 215-7004-60431 215-7004-61116 215-7004-61117 215-7004-61211 235-0000-60186 401-0000-60185 401-0000-60188 501-0000-60674 501-0000-60675 501-0000-60678 502-0000-61400 502-0000-80100 504-0000-13600 601-0000-60556 Project Account Key **None** 131407CT 131412 D 141501D 141512D 151601CT 151604CT 151605CT 151606D Account Summary Account Name Marketing & Tourism Pr Janitorial Maint.-Other Equipment Repair & Maintenance Utilities - Water Furniture Advertising Plan Checks Animal Shelter Administrative Citation S Office Supplies Travel & Training Operating Supplies Professional Services Subscriptions & Publicati Consultants PM 10 SilverRock Travel & Training Safety Gear Uniforms Utilities - Cable Landscape Contract Janitorial Fire Extinguisher Service HVAC Water- Inside Technical Janitorial Fire Extinguisher Service Water - Inside Technical Materials Utilities - Electric - Signal Utilities - Electric- Medi Utilities - Water - Media CVAG Design Construction Fuel & Oil Parts & Maintenance Su Street Sweeper Utilities - Cable Machinery & Equipment Prepaid Expense SilverRock Buildings Grand Total: Project Account Summary Expense Amount 9,218.70 3,540.00 226.26 1.91 40.30 129.55 6,058.00 2,606.28 55,191.03 644.93 788.39 25.00 134.00 27.50 117.00 2,429.10 634.80 25.00 1,382.00 94.51 66.37 1,575.00 1,900.00 98.48 1,548.00 20.00 1,115.00 550.00 118.04 95.35 45,731.50 76.31 913.10 49.71 4,061.48 7,795.86 5,661.45 372,883.26 1,650.02 267.35 327.92 125.07 429.70 420,293.00 3,873.00 1,113,608.94 Expense Amount 706,875.23 391.46 998.00 581.90 863.90 950.00 942.00 184,385.50 866.90 6/23/2016 5:21:31 PM 70 Page 6of7 Demand Register Click here to return to Agenda Packet: APPKT00770 - DA 6/24/16 Project Account Summary Project Account Key Expense Amount 151611D 2,350.75 151613CT 131,720.78 151614CT 54,493.52 16-004E 28,189.00 Grand Total: 1,113,608.94 6/23/2016 5:21:31 PM Page 7 of 7 71 Click here to return to Agenda ,sl City of La Quinta, CA Canceled Payables Vendor Set: 01- Vendor Set 01 Bank: APBNK-APBNK Vendor Number Vendor Name 00799 LENNAR HOMES OF CALIFORNIA INC Payment Type Payment Number Check 105390 Payable Number: Description R2995 REFUND PERMIT BRES2014-1183 Vendor Number Vendor Name 02758 INTELLIGENT RECYCLING SOLUTIONS Payment Type Payment Number Check 105707 Payable Number: Description 32.14. WASTE OIL/PAINT Payment Reversal Register APPKT00757 - DA 6/14/16 Total Vendor Amount -2,034.94 Original Payment Date Reversal Date Cancel Date Payment Amount 12/12/2014 06/14/2016 06/14/2016-2,034.94 Payable Date Due Date Payable Amount 11/24/2014 12/12/2014 2,034.94 Total Vendor Amount -567.00 Original Payment Date Reversal Date Cancel Date Payment Amount 01/16/2015 06/14/2016 06/14/2016-567.00 Payable Date Due Date Payable Amount 12/26/2014 01/16/2015 567.00 Vendor Number Vendor Name Total Vendor Amount 07450 TRAYNOR, JEFF & MICHA -52.71 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Check 107222 05/29/2015 06/14/2016 06/14/2016 -52.71 Payable Number: Description Payable Date Due Date Payable Amount 144 REFUND TOT OVERPAYMENT 04/28/2015 05/29/2015 52.71 Vendor Number Vendor Name Total Vendor Amount 07535 MCDONALD, MATT -19.21 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Check 103949 07/25/2014 06/14/2016 06/14/2016 -19.21 Payable Number: Description Payable Date Due Date Payable Amount 59827085 FS#93 SINK REPAIR SUPPLIES 01/15/2014 06/30/2014 19.21 Vendor Number Vendor Name Total Vendor Amount 07573 GARCIA, VANESSA -20.00 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Check 104323 08/29/2014 06/14/2016 06/14/2016 -20.00 Payable Number: Description Payable Date Due Date Payable Amount P0783579 REFUND PENALTY FEE 08/07/2014 08/29/2014 20.00 Vendor Number Vendor Name 07600 LEGACY JEWELRY CO LLC Payment Type Payment Number Check 104740 Payable Number: Description R1686 REFUND OVERPAYMENT Vendor Number Vendor Name 07774 BRATTRUD, DANIELLE Payment Type Payment Number Check 106239 Payable Number: Description 74996 DEPOSIT REFUND Total Vendor Amount -17.60 Original Payment Date Reversal Date Cancel Date Payment Amount 10/10/2014 06/14/2016 06/14/2016 -17.60 Payable Date Due Date Payable Amount 10/02/2014 10/10/2014 17.60 Total Vendor Amount -100.00 Original Payment Date Reversal Date Cancel Date Payment Amount 03/06/2015 06/14/2016 06/14/2016-100.00 Payable Date Due Date Payable Amount 03/02/2015 03/06/2015 100.00 6/14/2016 11:47:19 AM 72 Page 1 of 3 Click here to return to Agenda Payment Reversal Register Vendor Number Vendor Name 07808. PRY, BETH M INC Payment Type Payment Number Check 106523 Payable Number: Description R4113 REFUND OVERPAYMENT Packet: APPKT00757 - DA 6/14/16 Total Vendor Amount -15.00 Original Payment Date Reversal Date Cancel Date Payment Amount 03/27/2015 06/14/2016 06/14/2016 -15.00 Payable Date Due Date Payable Amount 03/23/2015 03/27/2015 15.00 Vendor Number Vendor Name Total Vendor Amount 07832 SILLS, CRAIG -200.00 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Check 106758 04/17/2015 06/14/2016 06/14/2016 -200.00 Payable Number: Description Payable Date Due Date Payable Amount R2346 RFND POLITICAL SIGN DEPOSIT 10/23/2014 04/17/2015 200.00 Vendor Number Vendor Name Total Vendor Amount 07845 MARTINEZ, VICTOR -50.00 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Check 106822 04/24/2015 06/14/2016 06/14/2016 -50.00 Payable Number: Description Payable Date Due Date Payable Amount 76096 REFUND 04/17/2015 04/24/2015 50.00 Vendor Number Vendor Name Total Vendor Amount 07854 80332 HERMITAGE PARTNERSHIP ACCT -51.00 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Check 106864 05/01/2015 06/14/2016 06/14/2016 -51.00 Payable Number: Description Payable Date Due Date Payable Amount R5336 REFUND TOT OVERPAYMENT 04/30/2015 05/01/2015 51.00 6/14/2016 11:47:19 AM 73 Page 2 of 3 Payment Reversal Register Click here to return to Agenda Bank Code Canceled Payables APBNK-3,127.46 Report Total:-3,127.46 Packet: APPKT00757 - DA 6/14/16 Bank Code Summary Payables Left To Pay Again Total 0.00-3,127.46 0.00-3,127.46 6/14/2016 11:47:19 AM 74 Page 3 of 3 Click here to return to Agenda F ^ y Canceled Payables City of La Quinta, CA Vendor set: 01- Vendor Set 01 Bank: APBNK-APBNK Payment Reversal Register APPKT00762 - DA 6/17/16 Vendor Number Vendor Name Total Vendor Amount 08075 ITE-117.00 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Check 110052 02/12/2016 06/17/2016 06/17/2016-117.00 Payable Number: Description Payable Date Due Date Payable Amount 2042016-R TRFF ENG HANDBOOK 02/04/2016 02/12/2016 117.00 6/27/2016 1:39:34 PM Page 1 of 2 75 Payment Reversal Register Click here to return to Agenda Bank Code Canceled Payables APBNK-117.00 Report Total:-117.00 Packet: APPKT00762 - DA 6/17/16 Bank Code Summary Payables Left To Pay Again Total 0.00-117.00 0.00-117.00 6/27/2016 1:39:34 PM 76 Page 2 of 2 Click here to return to Agenda City of La Quinta, CA J Canceled Payables Vendor Set: 01- Vendor Set 01 Bank: APBNK-APBNK Vendor Number Vendor Name 07911 SAFELITE AUTOGLASS Payment Type Payment Number Check 107565 Payable Number: Description 1841-934662-R TK#44 Payment Reversal Register APPKT00765 - DA 6/20/16 Original Payment Date Reversal Date Cancel Date 07/02/2015 06/20/2016 06/20/2016 Payable Date Due Date 06/22/2015 06/30/2015 Total Vendor Amount -229.29 Payment Amount -229.29 Payable Amount 229.29 6/27/2016 1:39:15 PM Page 1 of 2 77 Click here to return to Agenda Payment Reversal Register Bank Code APBNK Report Total: Canceled Payables Payables Left To Pay Again -229.29 -229.29 0.00 OM Packet: APPKT00765 - DA 6/20/16 Bank Code Summary Total -229.29 -229.29 6/27/2016 1:39:15 PM Page 2 of 2 78 Click here to return to Agenda City of La Quinta, CA Canceled Payables Vendor Set: 01- Vendor Set 01 Bank: APBNK-APBNK Vendor Number Vendor Name 07854 80332 HERMITAGE PARTNERSHIP ACCT Payment Type Payment Number Check 107517 Payable Number: Description R7226-R REFUND OVERPAYMENT Payment Reversal Register APPKT00769 - DA 6/23/16 Original Payment Date Reversal Date Cancel Date 07/02/2015 06/23/2016 06/23/2016 Payable Date Due Date 06/22/2015 06/30/2015 Total Vendor Amount -18.90 Payment Amount -18.90 Payable Amount 18.90 6/27/2016 1:39:28 PM Page 1 of 2 79 Click here to return to Agenda Payment Reversal Register Bank Code Canceled Payables APBNK -18.90 Report Total: -18.90 Packet: APPKT00769 - DA 6/23/16 Bank Code Summary Payables Left To Pay Again Total 0.00 -18.90 0.00 -18.90 6/27/2016 1:39:28 PM 80 Page 2 of 2 Click here to return to Agenda ATTACHMENT 2 CITY OF LA QUINTA BANK TRANSACTIONS 06/11/16 - 06/24/16 06/17/16 WIRE TRANSFER - ICMA $5,349.00 06/17/16 WIRE TRANSFER - LQCEA $416.50 06/17/16 WIRE TRANSFER - PERS $35,425.99 06/17/16 WIRE TRANSFER - PERS $26.04 06/21/16 WIRE TRANSFER - TASC $1,038.52 06/23/16 WIRE TRANSFER - LANDMARK $117,990.87 TOTAL WIRE TRANSFER OUT $160,246.92 81 Click here to return to Agenda 82 Click here to return to Agenda CONSENT CALENDAR: 3 City of La Quinto CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR ON -CALL PLANNING SERVICES RECOMMENDATION Approve a Professional Services Agreement with Terra Nova Planning & Research, Inc. for On -Call Planning Services. EXECUTIVE SUMMARY In order to meet anticipated demand for planning services, staff issued a Request for Proposals (RFP) for on -call planning services to support project management services of the Planning Division. Terra Nova Planning and Research (Terra Nova) was selected as the top -ranked firm. FISCAL IMPACT Funds are available in the 2016/17 Design and Development budget. BACKGROUND/ANALYSIS On May 18, 2016, an RFP was issued for on -call planning professional services. A total of 11 proposals were received and reviewed by a selection committee. Terra Nova was selected as the top firm. They have provided planning -related development review and project management services to the City for more than 14 years. Staff recommends contracting with Terra Nova for services to be rendered in 2016/17 with a two-year extension option. Services to be provided include: • Review and analysis of development related applications; • Communication, coordination and meetings with applicants; • Preparation of environmental review documents; • Preparation of staff reports and presentation to decision making bodies; • Administration of assigned files and timekeeping; and • Project management for the SilverRock Resort. Based on Terra Nova's experience, past performance, competitive cost, and familiarity with the City's planning regulations and review process, staff recommends that the Council approve a Professional Services Agreement (PSA) for a period of one year with a two-year extension option (Attachment 1). 83 Click here to return to Agenda ALTERNATIVES Council may elect not to approve the PSA. However, given the quality of the Terra Nova proposal and the firm's intimate knowledge of the City's planning needs, staff does not recommend an alternative action. Prepared by: Gabriel Perez, Planning Manager Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Professional Services Agreement 84 Click here to return to Agenda ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and TERRA NOVA PLANNING AND RESEARCH, INC. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to On Call Planning Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services"). Consultant represents and warrants that Consultant is a provider of first-class services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase "highest professional 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 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant 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. Consultant 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. Consultant 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. Consultant shall be responsible for all subcontractors' compliance with this Section. 1.4 Familiarity with Work. By executing this Agreement, Consultant 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 Last revised April 2015 85 Click here to return to Agenda 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 Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Standard of Care. Consultant acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's work will be held to a heightened standard of quality. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of quality as set forth in this Agreement. Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Consultant, 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 Consultant shall not relieve Consultant 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 Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant 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, provided that Consultant shall not be required to perform any Additional Services without compensation. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer, 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 Consultant. It is expressly understood by Consultant 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 Consultant to secure the Contract Officer'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. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (the "Special Requirements"), which is incorporated herein by this reference and expressly made a Last revised April 2015 -2- 86 Click here to return to Agenda 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. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Ninety Thousand Dollars ($90,000) (the "Contract Sum"), except as provided in Section 1.6. 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 Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City; Consultant 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, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 2.2 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant 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 Consultant specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Subject to retention pursuant to Section 8.3, City will pay Consultant 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 pursuant to Section 1.6 of this Agreement shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written Last revised April 2015 -3- 87 Click here to return to Agenda approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 3.0 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. 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 Consultant, 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 Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 his or her judgment such delay is justified, and the Contract Officer's determination 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 to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement, the term of this agreement shall commence on July 1, 2016 and terminate on June 30, 2017 ("Initial Term"). This Agreement may be extended for two additional years upon mutual agreement by both parties ("Extended Term"). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: a. Nicole Sauviat Criste, Principal E-mail: ncriste@Terranovaolannina.com Last revised April 2015 -4- 88 Click here to return to Agenda b. John D. Criste, Principal E-mail: icriste@terranovaplanning.com c. Andrea Randall, Senior Planner E-mail: arandall@terranovaplanning.com d. Kelly Clark, Associate Planner E-mail: kclark@terranovaplanning.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Consultant 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" shall be Timothy R. Jonasson, P.E., Design and Development Director/City Engineer or such other person as may be designated in writing by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer 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 Consultant, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract 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 Consultant, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting by Consultant without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Consultant 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 Consultant, 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 Last revised April 2015 -5- 89 Click here to return to Agenda Consultant's employees, servants, representatives, or agents, or in fixing their number or hours of service. Consultant 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. Consultant 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 Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Consultant 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 Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant 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, Consultant 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. Consultant agrees to pay all required taxes on amounts paid to Consultant 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. Consultant shall fully comply with the workers' compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Consultant 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. Consultant represents that the Services required herein will be performed by Consultant 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 Consultant 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 Consultant only from or through action by City. Last revised April 2015 -6- 90 Click here to return to Agenda 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Consultant 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. 6.0 INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Consultant 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. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Consultant 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 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 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 Last revised April 2015 -7- 91 Click here to return to Agenda audit is required. In the event of dissolution of Consultant's business, custody of the Books and Records may be given to City, and access shall be provided by Consultant'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 Consultant, 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 upon the expiration or termination of this Agreement, and Consultant 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 Consultant will be at City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, revise, or assignment. Consultant may retain copies of such Documents and Materials for its own use. Consultant 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 Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Consultant 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 Consultant 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. 7.4 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. Consultant 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. Last revised April 2015 -8- 92 Click here to return to Agenda Consultant represents and warrants that Consultant has the legal right to license any and all of the Documents and Materials. Consultant makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Consultant or provided to Consultant 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. 7.5 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant 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. 8.0 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 Consultant 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; 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 Section 8.8. During the period of time that Consultant 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 Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. Last revised April 2015 -9- 93 Click here to return to Agenda 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 Consultant 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 Consultant. 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 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Consultant shall be liable for and shall pay to City the sum of Eight Hundred and Fifty dollars ($850.00) 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 Consultant any accrued liquidated damages. 8.8 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.9 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 Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Consultant 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 thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. Last revised April 2015 -10- 94 Click here to return to Agenda 8.9 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, 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 Consultant 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 Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.10 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 some action or in a separate action brought for that purpose. 9.0 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 Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant 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 Consultant's performance of the Services under this Agreement. Consultant 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. Consultant 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 Last revised April 2015 -11- 95 Click here to return to Agenda 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. Consultant 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. Consultant 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. Consultant shall take affirmative action to insure 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. 10.0 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: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: TERRA NOVA PLANNING & RESEARCH Attention: Nicole Sauviat Criste Principal 42635 Melanie Place, Suite 101 Palm Desert, California 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 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 Last revised April 2015 -12- 96 Click here to return to Agenda 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 Consultant 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, Consultant 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 Consultant 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] Last revised April 2015 -13- 97 Click here to return to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation FRANK J. SPEVACEK, City Manager Dated: ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Title: Dated: Last revised April 2015 -14- 98 Click here to return to Agenda Exhibit A Scope of Services Services to be rendered by Consultant shall include, but not be limited to: • Provide general planning -related development review and project management services to the City on a case -by -case basis. • Review and analyze development applications submitted to the City, including Specific Plans, Site Development Permits, Tract Maps, and Conditional Use Permits. Prepare environmental review documents, as needed. • Create presentations for City Council, Planning Commission, and the Architecture and Landscaping Review Board and present, upon request. • Write staff reports, and prepare conditionals of approval with associated resolutions. • Coordinate with applicants and schedule meetings, as needed. • When required, be present at City Hall and hold regular office hours as agreed upon by staff and Consultant. • Organize and maintain planning files at City Hall. • Planning -related project management of the SilverRock Resort development. Last revised April 2015 EXHIBIT A Page 1 of 1 Click here to return to Agenda 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 Consultant under this Agreement shall not exceed Ninety Thousand Dollars ($90,000) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of this Agreement, and consistent with the following billing rates: Billing Rates Professional Planning Staff Hourly Rate Erinfjll Planner $ 165-00 Senior Planner $ 140.00 Associate Planner S 115.00 Assistant Planner $ 95.00 Graphics Technician $ 60.00_ Administrative Assistant $ 45.00 Specialists Hourly -Rate Not applicable Subconsultant priced on per project $ basis. Reimbursables Photo Copies 85' x 11" BW f Color) (11 " x 17" B W f Color) Format Plots B WlColor Telephone Toll Charges Fax Transmittals Cost per Unit $ .15 ea 1 .30 ea $ .30 ea / .60 ea $ 1.00/SF and $5.00fSF $ Cost $ Cost Reproduction, Special photo. services, $Cost + 15% document printing, aerial photogrammetry, postage, etc. Last revised April 2015 EXHIBIT B Page 1 of 1 100 Click here to return to Agenda Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the term of this Agreement as specified in Section 3.4. The term of this agreement shall commence on July 1, 2016 and terminate on June 30, 2017 ("Initial Term"). This Agreement may be extended for two additional years upon mutual agreement by both parties ("Extended Term"). 101 Click here to return to Agenda Exhibit D Special Requirements • Use of Blubeam Revu Standard software for electronic review of plans and maps. Last revised April 2015 EXHIBIT D Page 1 of 1 102 Click here to return to Agenda Exhibit E Insurance Requirements EA 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) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant 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 Consultant's acts or omissions rising out of or related to Consultant'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 Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant 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 Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant 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 Last revised April 2015 103 Click here to return to Agenda arising out of Consultant'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 consultant 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. Consultant 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. Consultant 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, Consultant 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 Consultant'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 Consultant 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 Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant'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 Consultant may be held responsible for payments of damages to persons or Last revised April 2015 Click here to return to Agenda property resulting from Consultant's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant 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 I50 endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant 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 Consultant 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. Consultant 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 of the coverages required and an additional insured endorsement to Consultant'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 Last revised April 2015 iM Click here to return to Agenda any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the some minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant 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 Consultant'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 Consultant, 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, 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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant 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. Last revised April 2015 `1. Click here to return to Agenda 14. Consultant 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 or not 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. Consultant 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 some coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as 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 Consultant under this agreement. Consultant 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. Consultant 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 Consultant 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant 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. Last revised April 2015 IMe Click here to return to Agenda Exhibit F Indemnification FA General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant 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 Consultant 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 cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant 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 Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant. F.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional Last revised April 2015 108 Click here to return to Agenda 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 herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant 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 Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. Last revised April 2015 `1• Click here to return to Agenda 110 Click here to return to Agenda CONSENT CALENDAR: 4 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA SPECIALISTS FOR 2016/17 PRINT AND MEDIA MARKETING SERVICES RECOMMENDATION Approve Amendment No. 2 to the Professional Services Agreement with JNS Media Specialists for 2016/17 print and media marketing services in the amount of $134,829. EXECUTIVE SUMMARY • JNS Media Specialists provide print and media marketing services. • The agreement was for an initial one-year term and provides for two one-year extensions. Amendment No. 2 is the second and final extension extending the term until June 30, 2017. • The contract sum will be increased to include the updated strategies as identified in the July 5, 2016 marketing strategies study session. FISCAL IMPACT This agreement is paid through General Funds ($134,829). The amendment will increase the compensation by $22,059 from $112,770 in 2015/16. BACKGROUND/ANALYSIS On June 17, 2014, City Council approved a Professional Services Agreement with JNS Media Specialists. The services included: • Local and regional television ads and live radio mentions • Regional print ads in: o Los Angeles o San Diego o Orange County o Inland Empire • Local print ads in: o The Desert Sun o Travel Host o Palm Springs Life • Airport Display ad ISE Click here to return to Agenda On June 2, 2015, Council approved the updated 2015/16 marketing strategies. Some of the new strategies included: • Locale Magazine • Guide to La Quinta • El Dorado Polo • CV Weekly • Desert Health News Based on their expert analysis and available metrics, the print and media strategy has been updated to include some new strategies that increase the contract by $22,095. These include: • :30 Radio Ads • Radio Live Remotes • Desert Entertainer • Century La Quinta movie theater JNS's performance is excellent; they update staff regularly about marketing trends, and research new ways to reach target markets. ALTERNATIVES Council may direct staff to prepare new bid documents for print and media marketing services or decrease the scope and contract. Prepared by: Marcie Graham, Marketing & Events Supervisor Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Amendment No. 2 ISM, Click here to return to Agenda AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR PRINT AND MEDIA MARKETING SERVICES THIS AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PRINT AND MEDIA MARKETING SERVICES ("Amendment No. 2") is made and entered into as of the first day of July, 2016 ("Effective Date"), by and between the CITY OF LA QUINTA ("City"), a California municipal corporation, and JNS MEDIA SPECIALISTS ("JNS" or "Consultant"). RECITALS A. On or about July 1, 2014 the City and Consultant entered into that certain Professional Services Agreement for Print and Media Marketing Services ("Agreement"). The term of the original agreement expired June 30, 2015. B. Pursuant to Section 3.4, Term of the original Agreement, the City may extend the term of the agreement upon mutual agreement by both parties. C. On or about July 1, 2015 the City and Consultant mutually agreed to amend the Professional Services Agreement for Print and Media Marketing Services ("Amendment No. 1") extending the term of the original agreement and modifying Section 2.1, Contract Sum, Exhibit A, and Exhibit B. The term of the original agreement expired June 30, 2015. D. City and Consultant now wish to amend the Agreement to modify Section 2.1, Contract Sum, Section 3.4, Term, Exhibit A, and Exhibit B, to address a shift in marketing strategies as identified during the June 21, 2016 City Council marketing strategies study session. AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. SECTION 2.1 OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Thirty -Four Thousand Eight Hundred Twenty -Nine Dollars ($134,829) (the "Contract Sum"), except as provided in Section 1.6. 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, 113 Click here to return to Agenda payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. 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, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2. SECTION 3.4, TERM, IS HEREBY AMENDED TO COMMENCE ON JULY 1, 2016 AND TERMINATE JUNE 30, 2017. 3. EXHIBIT A OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: Exhibit A Scope of Services Marketing Budget/Plan Consultant will develop a budget that includes a strategic media plan that will support local businesses and improve tourism to La Quinta. The plan will contain specific information on research, demographics, and how Consultant will plan, coordinate, oversee, and manage all print and electronic advertising/marketing efforts including, but not limited to media placement, recommendations, optimizations, reporting, and verifying insertion of approved media advertising. Marketing plan will include but not limited to Print, Television, Radio, etc. A portion of the marketing plan will be to support Shoulder Season Events, CVB Co- op opportunities, local co-op opportunities, local and regional messaging. Print and Electronic Consultant will research print media, television, and radio media to best reach predetermined target audience. Print Media will include regional publications such as Locale Magazine and local publications such as: The Desert Sun, Travel Host Magazine, Palm Springs Life, etc. Consultant will also develop an airport display in a high -traffic area to capture fly market tourists. Television will include: Time Warner Cable on such Networks for Women 35+ as Bravo, Lifetime, WE, A & E, Food, E, HGTV, Oxygen, Own, ABC Family. Networks for Men 35+ include: FOX News, CNN, MSNBC, ESPN, FOX Sports, AMC, FX, history, TNT, TBS. To reach the Millennial target group networks such as MTV, Animal Planet, Discovery, ESPN, FOX Sports, Spike, Game Show Network, Music Choice, Nick at Nite, SYFI). Radio will include CBS Radio in regional drive market and local market. This plan will include FREE Live Mentions talking about the many experiences tourists and valley residents will receive by visiting the Gem of the Desert "La Quinta." They will also promote Events through these live mentions. ISE Click here to return to Agenda Building the Audience The goals of this campaign are as follows: 1) Coordinate with Graphtek Interactive to maintain the City of La Quinta's messaging. 2) Create awareness 3) Inspire Consumers to make a trip to La Quinta 4) Engage audiences that support the assets in La Quinta a) Outdoor Adventure (Hiking, Biking, etc.) b) Health and Wellness c) Arts & Culture d) Events Creative Consultant will develop creative compatible and consistent with online creative that depicts the essence of La Quinta. Creative will be designed to showcase the wide array of activities and experiences for residents and tourists. Creative will include the development of a new "Guide to La Quinta" promoting upcoming "Signature Events," Local events, Restaurants, Places of interest, Shopping, and other programs. Consultant will produce and distribute this brochure to hotels, visitor centers, etc. around the Coachella Valley. Monitoring & Reporting Consultant will implement a monitoring system and will provide a Monthly, Quarterly, and an Annual report showing the effectiveness of campaigns. 4. EXHIBIT B OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is not to exceed One Hundred Thirty -Four Thousand Eight Hundred Twenty -Nine Dollars ($134,829) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. 5. DEFINED TERMS. Except as defined in this Amendment No. 2, all capitalized words and phrases shall have the same meaning ascribed to them in the Agreement. 6. REMAINING TERMS AND CONDITIONS. Except as specifically amended by this Amendment No. 2, all terms and conditions in the Agreement shall remain in full force and effect. "11141 Click here to return to Agenda [signatures on next page] 116 Click here to return to Agenda IN WITNESS WHEREOF, the City and JNS have executed this Amendment No. 2 to the Professional Services Agreement for Print and Media Marketing Services on the respective dates set forth below. CITY: CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: JNS Media Specialists By Name Pr eS .4je"J Title JNS Media Specialists 78100 Main Street, Suite 201 La Quinta, CA 92253 Dated s--as—/( Dated 117 Click here to return to Agenda 118 Click here to return to Agenda CONSENT CALENDAR: 5 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH GRAPHTEK INTERACTIVE FOR 2016/17 DIGITAL MARKETING SERVICES Approve Amendment No. 2 to the Professional Services Agreement with Graphtek Interactive for 2016/17 digital marketing services in the amount of $130,000. EXECUTIVE SUMMARY • On June 3, 2014, Council approved a Professional Services Agreement (PSA) with Graphtek Interactive (Graphtek) for digital marketing services. • The PSA was for a one-year initial term and provided for two one-year extensions. Amendment No. 2 is the second and final extension, extending the term until June 30, 2017. • Graphtek achieved more efficient photography and video services during 2015/16, which resulted in a decrease of $8,200 in compensation for 2016/17. FISCAL IMPACT General Funds of $130,000 are proposed in 2016/17. BACKGROUND/ANALYSIS On June 17, 2014, City Council approved a PSA with Graphtek for a one-year term with the option to extend for two additional one-year terms. The services provided included: • PlayInLaQuinta.com website updates and improvements o Vacation rental directory o Add interactive maps o Increased search engine optimization • Travel website banner ads • Social media engagement "1011 Click here to return to Agenda On June 2, 2015, Council approved the updated 2015/16 marketing strategies. Some of the new strategies included: • Updates to PlayInLaQuinta.com o Additional interactive content o Updated photo and video gallery • Updated "Point -of -view" imagery • Online Guide to La Quinta • Vacation rental interactive map Based on their expert analysis and available metrics, the digital strategy has been updated to include some new strategies. These include: • Increased travel website ads • Custom website landing pages • Social media video campaigns Graphtek's performance is excellent; they update staff regularly about marketing trends, review ad performance and suggest edits when needed, and research new ways to reach target markets. ALTERNATIVES Council may direct staff to prepare new bid documents for digital marketing services. Prepared by: Marcie Graham, Marketing & Events Supervisor Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Amendment No. 2 Iwil Click here to return to Agenda AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR DIGITAL MARKETING SERVICES THIS AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR DIGITAL MARKETING SERVICES ("Amendment No. 2") is made and entered into as of the first day of July, 2016 ("Effective Date"), by and between the CITY OF LA QUINTA ("City"), a California municipal corporation, and GRAPHTEK INTERACTIVE ("GRAPHTEK" or "Consultant"). RECITALS A. On or about July 1, 2014 the City and Consultant entered into that certain Professional Services Agreement for Digital Marketing Services ("Agreement"). The term of the original agreement expires June 30, 2015. B. Pursuant to Section 3.4, Term of the original Agreement, the City may extend the term of the agreement upon mutual agreement by both parties. C. On or about July 1, 2015 the City and Consultant mutually agreed to amend the Professional Services Agreement for Print and Media Marketing Services ("Amendment No. 1") extending the term of the original agreement and modifying Section 2.1, Contract Sum, Exhibit A, and Exhibit B. The term of the original agreement expired June 30, 2015. D. City and Consultant now wish to amend the Agreement to modify Section 2.1, Contract Sum, Section 3.4, Term, Exhibit A, and Exhibit B, to address the marketing strategies identified during the June 21, 2016 City Council marketing strategies study session. AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. SECTION 2.1, CONTRACT SUM, OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Thirty Thousand Dollars ($130,000) (the "Contract Sum"), except as provided in Section 1.6. 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 in Click here to return to Agenda upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. 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, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2. SECTION 3.4, TERM, IS HEREBY AMENDED TO COMMENCE ON JULY 1, 2026 AND TERMINATE JUNE 30, 2017. 3. EXHIBIT A OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: Exhibit A Scope of Services Digital Marketing Budget/Plan Consultant will develop a budget that includes a strategic digital media plan, website management, updates and account management established by the City. The plan will contain specific information on how the Consultant will plan, coordinate, and oversee all online advertising/marketing efforts including, but not limited to, media placement, recommendations, optimizations, reporting, verifying insertion of approGed online advertising, and otherwise verify proper execution of digital advertising campaign. Playinloquinta.com website • Create interactive vacation rental map that will only list available properties that are registered for TOT with the City of La Quints • Create additional interactive content • Update image and video galleries with more content • Monthly content updates including calendar, local attractions, local business specials • Search Engine Optimization • Social Integration - add live feeds from social channels Travel website ad campaign Consultant has identified a portion of the budget to be used for an advertising campaign with travel resources websites such as Travelocity, Expedia, TripAdvisor, Visit California, Sunset Magazine, Orbitz and other well -visited local sites. Consultant will advise on ad placements and provide an annual campaign timeline and create vibrant, colorful, attractive web ads that get results. Social Media Management 122 Click here to return to Agenda Consultant will be responsible to maintain the operation of the City's Facebook page, Twitter, Instagram, Pinterest, and Google+ social media networks. Consultant will provide: • Content creation o Consultant will create a monthly communication schedule to be approved prior to scheduling which would include regular posts promoting local events, attractions, businesses, community outreach. o Consultant will monitor and reschedule on an as needed basis. Build Audience o Consultant will use HootSuite (or similar software) to schedule posts using proper hashtags and mentions for greater engagement and increase new likes and follows. o Monitor analytics for social media ads to ensure results. o Facebook advertising to increase likes to increase likes and advertise new website launch. Goal to increase to 60,000 likes. o Twitter advertising: paid advertisements announcing special event/promotion/new website & seeds to jumpstart followers o Increase Instagram followers by 20% • Increase Engagement o Consultant will monitor the conversations and informally engage with fans. o Consultant will create unique, attractive graphic images for use on social media networks. Monitor & Reporting Consultant will implement a monthly, quarterly, and annual monitoring & reporting system to assess the effectiveness of the various marketing methods. 4. EXHIBIT B OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is One Hundred Thirty Thousand Dollars ($130,000) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. 123 Click here to return to Agenda 5. DEFINED TERMS. Except as defined in this Amendment No. 2, all capitalized words and phrases shall have the same meaning ascribed to them in the Agreement. 6. REMAINING TERMS AND CONDITIONS. Except as specifically amended by this Amendment No. 2, all terms and conditions in the Agreement shall remain in full force and effect. [signatures on next page] 124 Click here to return to Agenda IN WITNESS WHEREOF, the City and Graphtek have executed this Amendment No. 2 to the Professional Services Agreement for Digital Marketing Services on the respective dates set forth below. CITY: CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney QNSU ANT: Graphtek Interactive By ku Name 0e� Title Graphtek Interactive 72185 Painters Path, Suite B Palm Desert, CA 92260 Dated � Zcj�6 Dated 1.25 Click here to return to Agenda 126 Click here to return to Agenda CONSENT CALENDAR ITEM Nth. 6 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY RECOMMENDATION Adopt a Resolution to approve an amended and restated joint powers agreement with the California Statewide Communities Development Authority. EXECUTIVE SUMMARY • On January 25, 2016, Coachella Valley Association of Governments (CVAG) implemented new Program Assessed Clean Energy (PACE) programs and encouraged valley cities to participate. • On June 21, 2016, Council approved CaliforniaFIRST which offers PACE programs. • To implement California FIRST, the City must "opt in" to the California Statewide Communities Development Authority (CSCDA) FISCAL IMPACT None. BACKGROUND/ANALYSIS CaliforniaFIRST provides financing for energy efficiency and water conservation improvements. Their funds derive from bonds CSCDA issues that are repaid from property tax assessments. The City must approve an Amended and Restated Joint Powers Agreement (JPA) with CSCDA for the CaliforniaFIRST program. CSCDA is the program administrator and financing conduit. This was also required for the Ygrene and HERO PACE programs. ALTERNATIVES Not approve the JPA and the CaliforniaFIRST PACE financing program. Prepared by: Ted Shove, Business Analyst Approved by: Frank J. Spevacek, City Manager Attachments: 1. Amended and Restated Joint Exercise of Powers Agreement 127 Click here to return to Agenda 128 Click here to return to Agenda RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY; AND AUTHORIZING RELATED ACTIONS WHEREAS, the City of La Quinta, California (the "City"), has expressed an interest in participating in the economic development financing programs (the "Programs") in conjunction with the parties to that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority, dated as of June 1,1988 (the "Agreement"); and WHEREAS, the City proposes to participate in the Programs and desires that certain projects to be located within the City be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so; and WHEREAS, the Agreement has been filed with the City Clerk, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Agreement is hereby approved and the Mayor of the City is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said City Council, and the City Clerk is hereby authorized and directed to affix the City's seal to said document and to attest thereto. SECTION 2. The Mayor of the City, the City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2016, by the following vote: `m Click here to return to Agenda Resolution No. 2016- Adopt Resolution Approving an Amended and Restated Joint Powers Agreement with the California Statewide Communities Development Authority Adopted: July 5, 2016 Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 130 Click here to return to Agenda Attachment 1 AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY THIS AGREEMENT, dated as of June 1, 1988, by and among the parties executing this Agreement (all such parties, except those which have withdrawn in accordance with Section 13 hereof, being herein referred to as the "Program Participants"): WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California (the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Program Participants is a "public agency" as that term is defined in Section 6500 of the Government Code of the State of California, and WHEREAS, each of the Program Participants is empowered to promote economic development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, within its boundaries; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue industrial development bonds pursuant to the California Industrial Development Financing Act (Title 10 (commencing with Section 91500 of the Government Code of the State of California)) (the "Act") and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of law to promote economic development through the issuance of bonds, notes, or other evidences of indebtedness, or certificates of participation in leases or other agreements (all such instruments being herein collectively referred to as "Bonds"); and WHEREAS, in order to promote economic development within the State of California, the County Supervisors Association of California ("CSAC"), together with the California Manufacturers Association, has established the Bonds for Industry program (the "Program"). 131 Click here to return to Agenda WHEREAS, in furtherance of the Program, certain California counties (collectively, the "Initial Participants") have entered into that certain Joint Exercise of Powers Agreement dated as of November 18, 1987 (the "Initial Agreement"), pursuant to which the California Counties Industrial Development Authority has been established as a separate entity under the Joint Exercise of Powers Act for the purposes and with the powers specified in the Initial Agreement; and WHEREAS, the League of California Cities ("LCC") has determined to join as a sponsor of the Program and to actively participate in the administration of the Authority; and WHEREAS, the Initial Participants have determined to specifically authorize the Authority to issue Bonds pursuant to Article 2 of the Joint Exercise of Powers Act ("Article 2") and Article 4 of the Joint Exercise of Powers Act ("Article 4"), as well as may be authorized by the Act or other applicable law; and WHEREAS, the Initial Participants desire to rename the California Counties Industrial Development Authority to better reflect the additional sponsorship of the Program; and WHEREAS, each of the Initial Participants has determined that it is in the public interest of the citizens within its boundaries, and to the benefit of such Initial Participant and the area and persons served by such Initial Participant, to amend and restate in its entirety the Initial Agreement in order to implement the provisions set forth above; and WHEREAS, it is the desire of the Program Participants to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake projects within their respective jurisdictions that may be financed with Bonds issued pursuant to the Act, Article 2, Article 4, or other applicable provisions of law; and WHEREAS, the projects undertaken will result in significant public benefits, including those public benefits set forth in Section 91502.1 of the Act, an increased level of economic activity, or an increased tax base, and will therefore serve and be of benefit to the inhabitants of the jurisdictions of the Program Participants; NOW, THEREFORE, the Program Participants, for and in consideration of the mutual promises and agreements herein contained, do agree to restate and amend the Initial Agreement in its entirety to provide as follows: 2 132 Click here to return to Agenda Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the joint exercise of powers common to public agencies, in this case being the Program Participants. The Program Participants each possess the powers referred to in the recitals hereof. The purpose of this Agreement is to establish an agency for, and with the purpose of, issuing Bonds to finance projects within the territorial limits of the Program Participants pursuant to the Act, Article 2, Article 4, or other appliable provisions of law; provided, however that nothing in this Agreement shall be construed as a limitation on the rights of the Program Participants to pursue economic development outside of this Agreement, including the rights to issue Bonds through industrial development authorities under the Act, or as otherwise permitted by law. Within the various jurisdictions of the Program Participants such purpose will be accomplished and said powers exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of forty (40) years from the date hereof, or until such time as it is terminated in writing by all the Program Participants; provided, however, that this Agreement shall not terminate or be terminated until the date on which all Bonds or other indebtedness issued or caused to be issued by the Authority shall have been retired, or full provision shall have been made for their retirement, including interest until their retirement date. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY. (1 ) Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Statewide Communities Development Authority" (the "Authority"), and said Authority shall be a public entity separate and apart from the Program Participants. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any party to this Agreement. B. COMMISSION. The Authority shall be administered by a Commission (the "Commission") which shall consist of seven members, each 3 133 Click here to return to Agenda serving in his or her individual capacity as a member of the Commission. The Commission shall be the administering agency of this Agreement, and, as such, shall be vested with the powers set forth herein, and shall execute and administer this Agreement in accordance with the purposes and functions provided herein. Four members of the Commission shall be appointed by the governing body of CSAC and three members of the Commission shall be appointed by the governing body of LCC. Initial members of the Commission shall serve a term ending June 1, 1991. Successors to such members shall be selected in the manner in which the respective initial member was selected and shall serve a term of three years. Any appointment to fill an unexpired term, however, shall be for such unexpired term. The term of office specified above shall be applicable unless the term of office of the respective member is terminated as hereinafter provided, and provided that the term of any member shall not expire until a successor thereto has been appointed as provided herein. Each of CSAC and LCC may appoint an alternate member of the Commission for each member of the Commission which it appoints. Such alternate member may act as a member of the Commission in place of and during the absence or disability of such regularly appointed member. All references in this Agreement to any member of the Commission shall be deemed to refer to and include the applicable alternate member when so acting in place of a regularly appointed member. Each member or alternate member of the Commission may be removed and replaced at any time by the governing body by which such member was appointed. Any individual, including any member of the governing body or staff of CSAC or LCC, shall be eligible to serve as a member or alternate member of the Commission. Members and alternate members of the Commission shall not receive any compensation for serving as such but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member or alternate member, if the Commission shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. C. OFFICERS; DUTIES; OFFICIAL BONDS. The Commission shall elect a Chair, a Vice -Chair, and a Secretary of the Authority from among its members to serve for such term as shall be determined by the Commission. The Commission shall appoint one or more of its officers or 4 134 Click here to return to Agenda employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve for such term as shall be determined by the Commission. Subject to the applicable provisions of any resolution, indenture or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived. The Treasurer of the Authority shall have the powers, duties and responsibilities specified in Section 6505.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Commission but in no event less than $1,000. If and to the extent permitted by law, any such officer may satisfy this requirement by filing an official bond in at least said amount obtained in connection with another public office. The Commission shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Commission shall have the power, by resolution, to the extent permitted by the Joint Exercise of Powers Act or any other applicable law, to delegate any of its functions to one or more of the members of the Commission or officers or agents of the Authority and to cause any of said members, officers or agents to take any actions and execute .any documents or instruments for and in the name and on behalf of the Commission or the Authority. D. MEETINGS OF THE COMMISSION. (1 ) Regular Meetings. The Commission shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Commission and a copy of such resolution shall be filed with each party hereto. 5 135 Click here to return to Agenda (2) Special Meetings. Special meetings of the Commission may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. (3) Ralph M. Brown Act. All meetings of the Commission, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California). (4) Minutes. The Secretary of kept minutes of the regular, adjourned special meetings soon as possible after each minutes to be forwarded to (5) Quorum. the Authority shall cause to be adjourned regular, special, and of the Commission and shall, as meeting, cause a copy of the each member of the Commission. A majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC shall constitute a quorum for the transaction of business. No action may be taken by the Commission except upon the affirmative vote of a majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Commission such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have any and all powers relating to economic development authorized by law to each of the parties hereto and separately to the public entity herein created, including, without limitation, the promotion of opportunities for the creation and retention of employment, the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of such parties. Such powers shall include the common powers specified in this 6 136 Click here to return to Agenda Agreement and may be exercised in the manner and according to the method provided in this Agreement. All such powers common to the parties are specified as powers of the Authority. The Authority is hereby authorized to do all acts necessary for the exercise of such powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and any governmental entity; to sue and be sued in its own name; and generally to do any and all things necessary or convenient to the promotion of economic development, including without limitation the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, all as herein contemplated. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, including Article 2 and Article 4, the Act or any other applicable provision of law. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California county could exercise such powers and perform such duties until a California general law city shall become a Program Participant, at which time it shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by the Authority, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 1988. 7 137 Click here to return to Agenda Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2 hereof, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Program Participants and shall thereafter remain the sole property of the Program Participants; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Program Participants. Section 7. Bonds. The Authority shall issue Bonds for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. Said Bonds may, at the discretion of Authority, be issued in series. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The fees and expenses of such counsel, consultants, advisors, and the expenses of CSAC, LCC, and the Commission shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 9. Local Approval. A copy of the application for financing of a project shall be filed by the Authority with the Program Participant in whose jurisdiction the project is to be located. The Authority shall not issue Bonds with respect to any project unless the governing body of the Program Participant in whose jurisdiction the project is to be located, or its duly authorized designee, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Action to approve or disapprove a project shall betaken within 45 days of the filing with the Program Participant. Certification of approval or disapproval shall be made by the clerk of the governing body of the Program Participant, or by such other officer as may be designated by the applicable Program Participant, to the Authority. Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Program Participant, CSAC, or LCC or pledge of the faith and credit of the Program Participants, CSAC, LCC, or the 8 138 Click here to return to Agenda Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds or the respective project costs except from revenues and other funds pledged therefor. Neither the Program Participants, CSAC, LCC, nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Program Participants nor the faith and credit of CSAC, LCC, or the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the Bonds nor shall the Program Participants, CSAC, LCC, or the Authority in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any member of the Commission, or any officer, agent or employee of the Authority in his individual capacity and neither the Commission of the Authority nor any officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 10. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Program Participant. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Agency by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public records with each Program Participant and also with the county auditor of each county in which a Program Participant is located. Such report shall be filed within 12 months of the end of the Fiscal Year or Years under examination. 9 139 Click here to return to Agenda Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Commission may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. The Treasurer of the Authority, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to each of the Program Participants to the extent such activities are not covered by the reports of the trustees for the Bonds. The trustee appointed under each Indenture shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out this Agreement. Section 11. Funds. Subject to the applicable provisions of each Indenture, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Section 10 hereof, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions or purposes of this Agreement. Section 12. Notices. Notices and other communications hereunder to the Program Participants shall be sufficient if delivered to the clerk of the governing body of each Program Participant. Section 13. Withdrawal and Addition of Parties. A Program Participant may withdraw from this Agreement upon written notice to the Commission; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding under an Indenture. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Commission which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. 10 140 Click here to return to Agenda Qualifying public agencies may be added as parties to this Agreement and become Program Participants upon: (i) the filing by such public agency of an executed counterpart of this Agreement, together with a certified copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (ii) adoption of a resolution of the Commission approving the addition of such public agency as a Program Participant. Upon satisfaction of such conditions, the Commission shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. Section 14. Indemnification. To the full extent permitted by law, the Commission may authorize indemnification by the Authority of any person who is or was a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. Section 15. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the parties hereto for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the party making such advance at the time of such advance. Section 16. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of Program Participants when performing their Click here to return to Agenda respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged as members of the Commission or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the provisions of this Agreement. Section 17. Amendments. Except as provided in Section 13 above, this Agreement shall not be amended, modified, or altered except by a written instrument duly executed by each of the Program Participants. Section 18. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Program Participants at 9:00 a.m., California time, on the date that the Commission shall have received from each of the Initial Participants an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Participant approving this Agreement and the execution and delivery hereof. Section 19. Partial Invalidity. If anyone or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 20. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties. Section 21. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12 142 Click here to return to Agenda The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the Constitution and laws of such state and is to be so construed. This Agreement is the complete and exclusive statement of the agreement among the parties hereto, which supercedes and merges all prior proposals, understandings, and other agreements, including, without limitation, the Initial Agreement, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. [SEAL] ATTEST: By Name: Title: Program Participant: By Name: Title: 13 143 Click here to return to Agenda 144 Click here to return to Agenda CONSENT CALENDAR: 7 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDED AND RESTATED AGREEMENT FOR CONTRACT LEGAL SERVICES WITH RUTAN & TUCKER, LLP RECOMMENDATION Approve Amended and Restated Agreement for Contract Legal Services with Rutan & Tucker, LLP. EXECUTIVE SUMMARY City staff and the City Attorney have identified updates to the contract. The updates reflect changes in designated attorneys, bond counsel compensation and expanded "flat rate" office hours. There are other clarifying, non -substantive revisions to integrate current provisions and services into one document. These changes do not alter the 2016-17 City Attorney's Office budget. FISCAL IMPACT None. BACKGROUND/ANALYSIS Since July 1, 2000, the City has contracted with Rutan & Tucker, LLP, to serve as the City Attorney and (then) Redevelopment Agency General Counsel. Subsequent to the original agreement, the City formed the Housing Authority and utilized the Financing Authority for some bond issuances. On July 2, 2014, the City Council amended the contract to designate William Ihrke as City Attorney and to update insurance provisions. Earlier this year, the California Attorney General opined that a contract city attorney's office may provide bond services for agreed -upon hourly rates, but payment of bond services may not be based on a percentage of the bonds issued or additional contingent compensation. The current contract provides for compensation based upon a percentage of bond issued with payment contingent upon bond sale. This amendment would align this contract with the Attorney General opinion. The Successor Agency is refinancing the 2011 bonds, which generated this need. 145 Click here to return to Agenda The current contract has a flat retainer rate of $11,000/month, which covers attendance at all City Council and Planning Commission regular meetings and office hours during the weeks of those meetings. If a City Council meeting is cancelled, the retainer amount is reduced by $4,000/meeting. If a Planning Commission meeting is cancelled, the retainer amount is reduced by $1,500/meeting. The amendment would expand office hours so that more legal work would occur under the flat retainer. Office hours on the Wednesday after City Council meetings would be expanded without increasing the $11,000/month flat retainer rate, in exchange the $1,500/meeting reduction allowance for cancelled Planning Commission meetings would be eliminated. City staff requested an updated contract to integrate the July 2, 2014 amendment and these amendments into a single document. Other clarifying changes include: (i) Adding the Housing Authority and Financing Authority as parties to the contract, which received legal services from the City Attorney's Office through the City (and Successor Agency, as successor to the Redevelopment Agency); (ii) Correcting some of the designated attorneys for specific practice areas, and (iii) Correcting "redevelopment" to "post - redevelopment" related services. The current hourly rates for legal services remain and are not changed. ALTERNATIVES None are proposed. Prepared by: William H. Ihrke, City Attorney Approved by: Frank J. Spevacek, City Manager Attachment: 1. Amended and Restated Agreement for Contract Legal Services 146 Click here to return to Agenda AMENDED AND RESTATED AGREEMENT FOR CONTRACT LEGAL SERVICES THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement'), is made and entered into by and between THE CITY OF LA QUINTA ("City"), a California municipal corporation, the SUCCESSOR AGENCY TO THE FORMER LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a California public entity, the LA QUINTA HOUSING AUTHORITY, a California public entity ("LQHA"), the LA QUINTA FINANCING AUTHORITY, a California public entity ("LQFA"), and RUTAN & TUCKER, LLP ("R&T") a Limited Liability Partnership, as of July 1, 2016. The parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, R&T shall provide general City attorney and Agency, LQHA, and LQFA general legal counsel services, and all necessary additional legal services, as respectively specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference ("Services" or "work") 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. 119/015610-0002 89614.17 a06/28/16 147 Click here to return to Agenda 1.3 Licenses, Permits, Fees and Assessments. R&T 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 that it is responsible to provide as required by this Agreement. 2. COMPENSATION 2.1 Schedule of Compensation. The "Schedule of Compensation" is attached hereto as Exhibit "B" and incorporated herein by this reference. The rates in the Schedule of Compensation shall become effective on July 1, 2016. 2.2 Method of Payment. R&T shall submit to the City on a monthly basis in the form approved by the City's Finance Director, an invoice for services rendered during the prior month. Such invoice shall (1) describe in detail the services provided, including the amount of time spent on the matter, (2) specify each person who has provided services and the number of hours worked by each such person, and (3) indicate the total charges on the matter to date. The City will pay the invoice within thirty (30) days after the date the invoice is received. 3. PERFORMANCE SCHEDULE 3.1 Term. Unless earlier terminated in accordance with Section 6.2 of this Agreement, this Agreement shall commence on July 1, 2017, and shall continue in full force and effect until completion of the Services. The performance of the City Attorney shall be reviewed by the City Council at least once on or before June 30, 2017, and shall be reviewed at least once annually thereafter. 119/015610-0002 89614.17 a06/28/16 -2' 148 Click here to return to Agenda 4. COORDINATION OF SERVICES 4.1 R&T as General Counsel. William H. Ihrke was designated, effective July 2, 2014, as the City Attorney, and shall continue to serve as the City Attorney and have the primary responsibility for coordination of all legal services for the City, Agency, LQHA, and LQFA. The City Attorney, with the advice and concurrence of the City Council, shall designate the Assistant City Attorney. 4.2 Additional Representatives of R&T. The following additional attorneys of R&T are hereby designated for the Services specified herein: (a) David Cosgrove, as the primary counsel with respect to eminent (b) Joseph Larsen, Epiphany Owen, and Bill Schaeffer as counsel with respect to labor and employment issues. (c) William M. Marticorena, with respect to cable television and bond counsel. (d) Caroline Djang, as counsel with respect to bankruptcy issues. (e) Robert Owen, as lead litigation counsel, and Noam Duzman, as code enforcement counsel. (f) Allison LeMoine-Bui, to assist Mr. Ihrke with regard to post -redevelopment and affordable housing issues. Substitution of the foregoing attorneys shall be permitted with the consent of the Contract Officer. The foregoing attorneys shall be primarily responsible during the term of 119/015610-0002 89614.17 a06/28/16 -3- 149 Click here to return to Agenda this Agreement for devoting sufficient time to personally supervise any other attorneys or paralegals in providing the Services provided by R&T hereunder. 4.3 Contract Officer. The Contract Officer shall be the City Manager of the City or such other person as may be designated by the City Manager. It shall be R&T's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services. 4.4 Prohibition Against Subcontracting or Assignment. R&T shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City, Agency, LQHA and LQFA. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City, Agency, LQHA and LQFA. 4.5 Independent Contractors. Neither the City nor any of its employees shall have any control over the manner, mode or means by which R&T, its agents or employees, perform their respective Services required herein, except as otherwise set forth. R&T shall perform the Services required herein as separate independent contractors of City, Agency, LQHA and LQFA, and shall remain at all times wholly an independent contractor with only such obligations as are consistent with that role. 4.6 Insurance. 4.6.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, R&T shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance 119/015610-0002 89614.17 a06/28/16 -4' 150 Click here to return to Agenda against all claims for injuries against persons or damages to property resulting from R&T's acts or omissions rising out of or related to R&T'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 R&T's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. 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) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) R&T 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 R&T, its officers, any person directly or indirectly employed by R&T, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to R&T's performance under this Agreement. If R&T or R&T's employees will use personal autos in any way under this Agreement, R&T shall 119/015610-0002 89614.17 a06/28/16 -5- 151 Click here to return to Agenda 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 R&T'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 R&T 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. R&T 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. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of R&T's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 4.6.2 Remedies. In addition to any other remedies City may have if R&T fails to provide or maintain any insurance policies or policy endorsements to the extent and 119/015610-0002 89614.17 a06/28/16 -6 152 Click here to return to Agenda 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 R&T to stop work under this Agreement and/or withhold any payment(s) which become due to R&T hereunder until R&T demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for R&T'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 R&T may be held responsible for payments of damages to persons or property resulting from R&T's or its subcontractors' performance of work under this Agreement. 4.6.3 General Conditions Dertainina to provisions of insurance coveraae by R&T. R&T and City agree to the following with respect to insurance provided by R&T: 1. R&T 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. R&T also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit R&T, or R&T's employees, or agents, from waiving the right of subrogation prior to a loss. R&T agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors 119/015610-0002 89614.17 a06/28/16 -7' 153 Click here to return to Agenda to do likewise. 3. All insurance coverage and limits provided by Contractor 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 the 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. R&T 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 of the coverages required and an additional insured endorsement to R&T'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 119/015610-0002 89614.17 a06/28/16 '�- 154 Click here to return to Agenda paid by R&T or deducted from sums due R&T, at City option. 8. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by R&T 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. R&T agrees to ensure that subcontractors, and any other party involved with a project that is brought onto or involved in the project by R&T, provide the same minimum insurance coverage required of R&T. R&T 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. R&T agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. R&T 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 a project to self -insure its obligations to City unless consented to by City. If R&T'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 R&T, 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 the contract to 119/015610-0002 89614.17 a06/28/16 -9- 155 Click here to return to Agenda change the amounts and types of insurance required by giving the R&T ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the R&T, 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. R&T acknowledges and agrees that any actual or alleged failure on the part of City to inform R&T 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. R&T 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 or not 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. R&T 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 R&T's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as 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. 119/015610-0002 89614.17 a06/28/16 -10- 156 Click here to return to Agenda 16. The provisions of any workers' compensation or similar act will not limit the obligations of R&T under this Agreement. R&T 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 Section 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 Section. 20. R&T agrees to be responsible for ensuring that no contract used by any party involved in any way with a project reserves the right to charge City or R&T 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. R&T agrees to provide immediate notice to City of any claim or loss against R&T arising out of the work performed under this Agreement. City assumes no obligation 119/015610-0002 89614.17 a06/28/16 -1 1- 157 Click here to return to Agenda 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 4.7 City, Agency, and Authorities Cooperation. The City, Agency, LQHA and LQFA shall provide R&T with any data or information pertinent to Services to be performed hereunder which are reasonably available to the City, Agency, LQHA and LQFA and necessary for the provision of such Services. 5. RECORDS AND REPORTS 5.1 Reports. R&T shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 5.2 Records. R&T shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6. ENFORCEMENT AND TERMINATION OF AGREEMENT 6.1 California Law. This Agreement shall be construed and interpreted 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 119/015610-0002 89614.17 a06/28/16 -12' 158 Click here to return to Agenda California, or any other appropriate court in such county, and R&T covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 6.2 Termination. This Section shall govern any termination of this Agreement. All parties reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 7. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 7.1 Non -liability of City Officers and Employees. No officer or employee of the City, Agency, LQHA or LQFA shall be personally liable to R&T in the event of any default or breach by the City, Agency LQHA or LQFA, or for any amount which may become due to R&T, or for breach of any obligation of the terms of this Agreement. 7.2 Conflict of Interest. R&T 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. 7.3 Covenant against Discrimination. R&T covenants that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability, ancestry or any other protected class established by law in the performance of this Agreement. R&T shall take any necessary action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical 119/015610-0002 89614.17 a06/28/16 -13' 159 Click here to return to Agenda disability, mental disability, medical condition, age, ancestry, or any other protected class established by law. 8. MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, and/or communication the parties desire or are required to give to 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 8.1. To City, Agency, LQHA or LQFA: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: Frank Spevacek City Manager To R&T: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: William H. Ihrke 8.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. This Agreement specifically supersedes the prior Agreements for Contract Services. 8.3 Amendment. This Agreement may be amended at any time by the consent of the parties by an instrument in writing signed by all parties. 119/015610-0002 89614.17 a06/28/16 -14- 160 Click here to return to Agenda 8.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining 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. 8.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. [signatures on next page] CITY OF LA QUINTA Dated: , 2016 By: Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk 119/015610-0002 89614.17 a06/28/16 -1 5- 161 Click here to return to Agenda SUCCESSOR AGENCY TO THE FORMER LA QUINTA REDEVELOPMENT AGENCY Dated: , 2016 By: ATTEST: Susan Maysels, Agency Secretary Frank J. Spevacek, Executive Director LA QUINTA HOUSING AUTHORITY AND LA QUINTA FINANCING AUTHORITY Dated: 12016 By: ATTEST: Susan Maysels, Authorities' Secretary Frank J. Spevacek, Executive Director RUTAN & TUCKER, LLP Dated: , 2016 By: William H. Ihrke, Partner 119/015610-0002 89614.17 a06/28/16 -16- 162 Click here to return to Agenda EXHIBIT "A" SCOPE OF SERVICES I. SCOPE OF SERVICES. A. General. City, Agency, LQHA and LQFA employ R&T and R&T agrees to perform all required legal services to the City as City Attorney and General Counsel to the Agency, LQHA and LQFA, including, without limitation, the following: 1. Regular office hours and coverage of all City Council meetings, and other City, Agency, LQHA and LQFA Board and Commission meetings or negotiating meetings upon request. 2. Prepare and/or review all ordinances, resolutions and agreements of the City, Agency, LQHA and LQFA. 3. Render such other legal services and advice as required and may from time to time be requested by the City Council or City Manager on any matter affecting the operation of the City, Agency, LQHA and LQFA. 4. All litigation matters concerning the City, Agency, LQHA and LQFA. B. Retainer Services. R&T agrees that, as part of its retainer, it shall provide, through the services of the designated City Attorney or Assistant City Attorney, office hours at City Hall for the time specific in Exhibit B, Section I.A. (the "Retainer Time"). It is currently anticipated that as a general rule, the designated City Attorney will attend City Council, Agency, LQHA and LQFA regular meetings, and that the designated Assistant City Attorney will attend the Planning Commission meetings, if attendance at the Planning Commission meetings is requested by the City. II. ADDITIONAL SPECIAL SERVICES. A. Litigation. The City, Agency, LQHA and LQFA hereby retain R&T to perform litigation services for City, Agency, LQHA and LQFA, and the services necessary relating to threatened litigation. B. Special Municipal Services. The City, Agency, LQHA and LQFA hereby employ R&T to perform specialized legal services for the areas of labor, cable television, bankruptcy, and general municipal on an as needed basis. 119/015610-0002 89614.17 a06/28/16 A-1 163 Click here to return to Agenda C. Bond Counsel. R&T agrees to perform all requested legal services as Bond Counsel to the City, Agency, LQHA and LQFA, including without limitation the following: 1. Assessment Districts. In regard to assessment proceedings pursuant to the Municipal Act of 1913 with bonds issued pursuant to the Improvement Bond Act of 1915 or the 1911 Act, City employs R&T to furnish, and R&T agrees to furnish, the following legal services: a. Attend meetings with the staff and consultants to formulate the financing. b. Examination of the map of the assessment district, the assessment roll and diagram, the bonds, and the giving of instructions and advice in connection with the foregoing. C. Preparation of all resolutions, notices, contracts, bond forms, and other legal papers and document required in the proceedings. d. Attendance at the hearing on the assessment district and at such other City Council's meetings at which any action in the proceedings is to be taken and attendance is requested. e. Examination of the proceedings, step by step, as taken. f. Supervise the closing. g. Issuance of Contractor's legal opinion upon the validity of the proceedings and the bonds issued to represent unpaid assessments. 2. Pre -assessment Proceedings. If pre -assessment proceedings are taken, R&T will prepare all resolutions, notices, and other documents required, attend the pre -assessment hearing and prepare the resolutions, notices and other documents for the election. 3. General Obligation Bonds. In connection with the issuance of general obligation bonds, R&T agrees to draft all resolutions, notices and other documents, attend such meetings of the staff and City Council of the City as may be necessary to complete an election for the authorization of the bonds and the issuance of the bonds if authorized. R&T will work with the City staff and its consultants to determine the best method of marketing the bonds, draft all resolutions, notices and other documents for the sale of the bonds, attend such meetings 119/015610-0002 89614.17 a06/28/16 A-2 164 Click here to return to Agenda of the staff and the City Council of the City as may be necessary to complete the sale of the bonds, prepare closing documents, supervise the closing and issue R&T's legal approving opinion on the bonds. 4. Certificates of Participation. The City's joint exercise of powers will be utilized to issue certificates of participation. R&T will attend the meetings of the City Council of the City and the Board of Directors of the LQFA as may be necessary in connection with the certificate of participation transaction, prepare documents necessary to lease the land or facility to be improved and the leaseback of the improved facility, the trust agreement, the bond sale documents, the certificates, the closing documents, attend and supervise the closing, and issue a legal approving opinion to the purchaser of the certificates. 5. Mello -Roos County Facilities Act of 1982-Bonds. This part relates to the formation of a Community Facilities District ("District") and the bonds to be issued in connection with that District. Such services shall include but not be limited to meetings with the City staff and its financial consultant, attendance at City Council meetings, the drafting of resolutions, notices and other documents required for the formation of the District, the special tax and bond authorization election, and for the issuance of the bonds, if determined necessary by Bond Counsel, the uncontested validation of the special tax if determined necessary by Bond Counsel, the preparation of the closing documents and the rendering of a legal opinion. 6. Post -Redevelopment and Statutorily Authorized Tax Increment Bonds. R&T will prepare all documents for the issuance and sale of tax increment bonds authorized pursuant to law, including the resolutions for adoption by the City, Agency, LQHA and if the LQFA is to be used, the resolutions to be adopted by the LQFA, the trust agreement, bond sale documents, and the closing documents. R&T will supervise the closing and issue its legal approving opinion on the proceedings. 119/015610-0002 89614.17 a06/28/16 A-3 165 Click here to return to Agenda EXHIBIT "B" SCHEDULE OF COMPENSATION I. CITY ATTORNEY AND AGENCY'S/AUTHORITIES' COUNSEL. For services rendered by Rutan & Tucker, LLP, the City, Agency, LQHA and LQFA hereby agree to pay the following fees: A. Retainer Amount. 1. A flat retainer rate $11,000 per month shall be paid for: (a) For Council Meeting Weeks: On Council meeting Tuesdays, the hours at City Hall shall be 10:00 a.m. until the end of the meeting, and 8:00 a.m. until noon, and then from 1:00 p.m. to 4:00 p.m. on the following Wednesday. These hours will generally be handled by the designated City Attorney unless ill or otherwise unavailable. (b) For Planning Commission Weeks: On the Tuesday of the Commission meeting, the hours at City Hall shall be one hour prior to the start of the Planning Commission meeting until the end of that Planning Commission meeting. These hours are optional and will be handled by the designated Assistant City Attorney unless ill or otherwise unavailable, and only if attorney attendance at these meetings is requested. (c) With the consent of the City Manager, the City Attorney may occasionally adjust the City Hall hours to accommodate scheduling needs. (d) The retainer shall be reduced by $4,000 for each bi-monthly City Council meeting (and related Tuesday/Wednesday office hours) that is cancelled and attendance of the City Attorney for those related Tuesday/Wednesday office hours is not required. B. Additional Amounts for General City Attorney Services. 1. All hours for general attorney services (in addition to the Retainer Time) shall be billed at $210 per hour for attorney services, $130 per hour for all paralegals, and $45 per hour for document clerks. 119/015610-0002 89614.17 a06/28/16 B-1 166 Click here to return to Agenda II. SPECIAL SERVICES RATES. For special services rendered by R&T, the City, Agency, LQHA and LQFA agree to pay the following fees: A. For services rendered in connection with any litigation or threatened litigation matter as described in Section II.A. of Exhibit "A," or for special transactional services the following fees shall apply: 1. $240 per hour for all partners. On special matters, and with the advance permission of the City Council, a "Special Partner Rate" of $255 per hour may be imposed for litigation matters requiring a high degree of specialty outside the normal. 2. $215 per hour for all associates. 3. $130 per hour for all paralegals and $45 per hour for all document clerks. B. For services rendered in connection with other special legal services, such as labor, telecommunications, post -redevelopment, hazardous and toxic materials, but not including bond services, the following fees shall apply: 1. $240 per hour for all partners. 2. $215 per hour for all associates. 3. $130 per hour for all paralegals. C. Bond Counsel. For services rendered by R&T acting as Bond Counsel, the City, Agency, LQHA and LQFA hereby agree to pay the standard hourly design rates for R&T attorneys who perform bond services, subject to any maximum amount of payment for bond services, agreed upon by R&T and the City, Agency, LQHA and/or LQFA, as part of any bond issuance. In no event shall R&T be paid based on a percentage of a bond issuance, nor shall R&T be paid additional contingent compensation based on whether and under what terms the City, Agency, LQHA or LQFA enters into a separate contract for a bond issuance. Notwithstanding any provisions in the Agreement, this Section II.0 of Exhibit "B" is applicable starting January 1, 2016. D. Costs. All travel time shall be billed (except for conjunction with Retainer Work or Bond Counsel work) but no travel charges to the desert area (i.e., mileage or hotel) shall be charged. Charges for travel outside the Riverside or Orange County area will be subject to approval by the City Manager. No long distance telephone charges within the Orange and Riverside County areas would be billed. All other out-of-pocket charges (i.e., copying 119/015610-0002 89614.17 a06/28/16 B-2 167 Click here to return to Agenda at $.19 per page, Lexis or Westlaw charges, telecopying, messenger charges) shall be charged at standard rates. E. Reimbursement Rates. For all matters for which the City, Agency, LQHA or LQFA is entitled to reimbursement for R&T's services from third parties, R&T's rates shall be its standard applicable hourly design rates. If the City is unable to obtain reimbursement for any reason, the City, Agency, LQHA or LQFA shall be credited with the differential between the above scheduled rates and the standard applicable hourly design rates, or shall be entitled to a refund of the differential, at its or their option. 119/015610-0002 89614.17 a06/28/16 B-3 168 Click here to return to Agenda 8 CONSENT CALENDAR: City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 50 TO AVENUE 54 RECOMMENDATION Adopt a resolution approving legal speed limits on Jefferson Street, from Avenue 50 to Avenue 54, as recommended in the 2016 Engineering and Traffic Survey. EXECUTIVE SUMMARY • The City Traffic Engineer recommended that a speed survey be conducted on Jefferson Street between Avenues 50 and 54 due to new striping and signage at the Jefferson Street/Avenue 52 roundabout. An engineering and speed survey accounts for: 1) prevailing speed, 2) accident history, and 3) roadway characteristics not readily apparent to the motorist. FISCAL IMPACT Purchasing/installing new signs is $2,000; funds are available in the sign budget. BACKGROUND/ANALYSIS In order to enforce speed limits using radar, they must be set in accordance with the California Vehicle Code (CVC). Per the CVC, vehicle speeds are determined by the behavior of a majority of drivers during normal driving conditions. Jurisdictions may not establish arbitrary speed limits. Attachment 1 presents speed limits for the entire City. The City retained Willdan to survey speeds on Jefferson Street, north and south of Avenue 52. The 2016 Engineering and Traffic Survey presents the following recommended speed limits for these roadway segments: Street Segment Posted Proposed - Jefferson Street Avenue 50 to Avenue 52 55 50 Jefferson Street Avenue 52 to Avenue 54 55 50 ALTERNATIVES Since the Police Department uses radar to enforce speed limits and a traffic survey is required for radar enforcement, no alternative is recommended. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Speed Limit Map `.• Click here to return to Agenda 170 Click here to return to Agenda RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 50 TO AVENUE 54 WHEREAS, the California Vehicle Code authorizes cities to designate and regulate speed zones within their jurisdictions; and WHEREAS, the City Council finds it appropriate to designate speed limits on the following local streets to facilitate safe and orderly traffic flow; and WHEREAS, said designation shall be made by resolution; and WHEREAS, the City Council adopted Resolution 2007-108 on November 20, 2007 designating speed limits for 56 street segments; and WHEREAS, the City Council adopted Resolution 2009-067 on August 4, 2009 designating speed limits for 16 additional street segments; and WHEREAS, the City Council adopted Resolution 2010-003 on January 5, 2010 designating speed limits for two street segments within the Village Area; and WHEREAS, the City Council adopted Resolution 2011-020 on March 15, 2011 designating speed limits for eight additional street segments; and WHEREAS, the City Council finds it appropriate to re -designate speed limits for two additional street segments; and WHEREAS, in accordance with the provisions of Title 12.20.020 of the La Quinta Municipal Code, an engineering and traffic survey has been performed on Jefferson Street from Avenue 50 to Avenue 54; and WHEREAS, the following designated prima facie speed limits are based on the results of the engineering and traffic survey; and Street Segment Posted Proposed Jefferson Street Avenue 50 to Avenue 52 55 50 Jefferson Street Avenue 52 to Avenue 54 55 50 171 Click here to return to Agenda Resolution No. 2016- Designate Speed Limits Adopted: July 5, 2016 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: the aforementioned prima facie speed limits are most appropriate to facilitate the orderly movement of traffic and to be reasonably safe. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California `M DARBY ROAQ '~ T r nn-Ho -1fi- roq LEGEND: r 1� 47 SPEED LIMIT MPH 25 L K- 30 f t I -- 35 r COE% A — 40 - s fi�j Irn 45 07r 50 A E 55 = CITY LIMITStn r o L� W � - W F JJJ W ! ' O -�� AVENUE 54 La f..... CALLE TECATE — 1 AIR1"ORiP 60ULEVA)&j CITY OF LA QUI'NTA 1 SPEED LIMITS UE Sa W _"' g D AVENUE 60 D m --i N.T.S. AVENUE PREPARED MAY 2016 173 Click here to return to Agenda 174 Click here to return to Agenda CONSENT CALENDAR: 9 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE. APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH INTERWEST CONSULTING GROUP TO PROVIDE ON -CALL DEVELOPMENT PLAN CHECK SERVICES AND ON - CALL BUILDING PLAN CHECK AND INSPECTION SERVICES RECOMMENDATION Approve two Professional Services Agreements with Interwest Consulting Group to provide on -call development plan check services and on -call building plan check and inspection services, each in the amount of $50,000. EXECUTIVE SUMMARY In April 2016, the City issued a request for proposals (RFP) for on -call development plan check services. • During the some time period, the City distributed an RFP for plan check and inspection services to three consultants currently providing these services to the City. On -call plan check services assists Design and Development Department staff in meeting all developer plan check reviews within the advertised time frames. FISCAL IMPACT These contracts will each cost $50,000 for a total cost of $100,000. Funds are available in the 2016/17 Design and Development budget. BACKGROUND/ANALYSIS The Public Works Development Division and the Building Division use of on -call plan check consultants during workload peaks. The current agreements expire on June 30, 2016. An RFP was posted in April 2016 for public works plan -check services and six proposals were received; two firms were subsequently selected. Interwest Consulting Group (Interwest) was selected as one of the top two firms. A contract with the second firm will be presented to Council at a later date. The Interwest agreement is for one year with an option to renew for an additional two years upon mutual agreement by both parties (Attachment 1). The Building Division requested plan -check service bids from three firms currently providing plan check and inspection services to the City. Interwest was one of the firms solicited and selected to continue providing services. The term of this agreement is for one year with an 175 Click here to return to Agenda option to extend an additional three years upon mutual agreement by both parties (Attachment 2). ALTERNATIVE City Council may opt to not approve the Professional Services Agreements and direct staff to perform plan checks in-house, or to bring back an alternate consultant; however, since this may unnecessarily delay review of private development projects this alternative is not recommended. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. PSA for Development Plan Check Services 2. PSA for Building Plan Check and Inspection Services 176 Click here to return to Agenda ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Interwest Consulting Group ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to On -Call Engineering Plan Check Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services"). Consultant represents and warrants that Consultant is a provider of first-class services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase "highest professional 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 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant 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. Consultant 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. Consultant 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. Consultant shall be responsible for all subcontractors' compliance with this Section. 1.4 Familiarity with Work. By executing this Agreement, Consultant 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 Consultant discover 177 Click here to return to Agenda any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Standard of Care. Consultant acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's work will be held to a heightened standard of quality. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of quality as set forth in this Agreement. Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Consultant, 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 Consultant shall not relieve Consultant 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 Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant 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, provided that Consultant shall not be required to perform any Additional Services without compensation. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer, 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 Consultant. It is expressly understood by Consultant 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 Consultant to secure the Contract Officer'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. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (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. Last revised April 2015 -2- 178 Click here to return to Agenda 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), except as provided in Section 1.6. 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 Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City; Consultant 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, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 2.2 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant 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 Consultant specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Subject to retention pursuant to Section 8.3, City will pay Consultant 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 pursuant to Section 1.6 of this Agreement shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. Last revised April 2015 -3- 179 Click here to return to Agenda 3.0 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. 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 Consultant, 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 Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 his or her judgment such delay is justified, and the Contract Officer's determination 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 to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement, the term of this agreement shall commence on July 1, 2016 and terminate on June 30, 2017 (initial term). This agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (extended term). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: a. James G. Ross E-mail: iross@interwestgrp.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 Consultant and devoting sufficient time to Last revised April 2015 -4- 180 Click here to return to Agenda personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Consultant 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" shall be Timothy R. Jonasson, Design and Development Director/City Engineer or such other person as may be designated in writing by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer 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 Consultant, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract 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 Consultant, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting by Consultant without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Consultant 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 Consultant, 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 Consultant's employees, servants, representatives, or agents, or in fixing their number or hours of service. Consultant 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. Consultant 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 Consultant in its business or otherwise or a joint venturer or a member of anyjoint enterprise with Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Consultant 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 Consultant as provided in this Agreement, City shall Last revised April 2015 -5- 181 Click here to return to Agenda not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant 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, Consultant 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. Consultant agrees to pay all required taxes on amounts paid to Consultant 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. Consultant shall fully comply with the workers' compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Consultant 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. Consultant represents that the Services required herein will be performed by Consultant 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 Consultant 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 Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Consultant 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. 6.0 INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and Last revised April 2015 -6- 182 Click here to return to Agenda 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. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Consultant 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 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 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 Consultant's business, custody of the Books and Records may be given to City, and access shall be provided by Consultant'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 Last revised April 2015 -7- 183 Click here to return to Agenda by Consultant, 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 upon the expiration or termination of this Agreement, and Consultant 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 Consultant will be at City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, revise, or assignment. Consultant may retain copies of such Documents and Materials for its own use. Consultant 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 Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Consultant 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 Consultant 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. 7.4 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. Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all of the Documents and Materials. Consultant makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Consultant or provided to Consultant 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. 7.5 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant 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. 8.0 ENFORCEMENT OF AGREEMENT. Last revised April 2015 -8- 184 Click here to return to Agenda 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 Consultant 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; 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 Section 8.8. During the period of time that Consultant 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 Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant 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 Consultant 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 Consultant. 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. Last revised April 2015 -9- 185 Click here to return to Agenda 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 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Consultant shall be liable for and shall pay to City the sum of [EIGHT HUNDRED AND FIFTY dollars ($850.00)] 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 Consultant any accrued liquidated damages. 8.8 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.9 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 Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Consultant 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 thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.9 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, 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 Consultant 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 Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.10 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 Last revised April 2015 -10- 186 Click here to return to Agenda 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. 9.0 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 Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant 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 Consultant's performance of the Services under this Agreement. Consultant 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. Consultant 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. Consultant 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. Consultant 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. Consultant shall take affirmative action to insure 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. Last revised April 2015 -11- 187 Click here to return to Agenda 10.0 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: Timothy R. Jonasson Director of Design and Development 78-495 Calle Tampico La Quinta, California 92253 To Consultant: INTERWEST CONSULTING GROUP Attention: James G. Ross 431 S. Palm Canyon Dr., Suite 200 Palm Springs, CA 92262 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 Consultant 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 Last revised April 2015 -12- 188 Click here to return to Agenda 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, Consultant 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 Consultant 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] Last revised April 2015 -13- 189 Click here to return to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation FRANK J. SPEVACEK, City Manager Dated: ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Last revised April 2015 -14- CONSULTANT: Tames G. Ross FU b 11' c W orlGs G L_ectcler— Dated:.1 �l U 190 Click here to return to Agenda Exhibit A Scope of Services Interwest Consulting Group works exclusively for Public Agencies such as Cities and Counties. As such, Interwest has not completed any projects or studies for the private development community in La Quinta or the Coachella Valley. However, we have worked very closely with the private development community in order to facilitate their projects and their schedules so they may succeed in their development. We treat them as a partner to the City, protecting the City s interests while at the same time, remaining sensitive to their needs to deliver a quality project within their time frames and budget. Interwest also fully understands the challenge that Cities face due to limited staff and budget. Interwest can help alleviate or minimize this staffing resource burden and at the same time provide a high level of customer service in a cost-effective manner and we possess the ability to adjust service levels as needed. Interwest fully understands these resource demands, has experience in successfully providing Civil Engineering Plan Check Services under these conditions, and is committed to working for the City. We propose to provide the City the following fundamental elements: ✓ Customer service. One of the keys to the success of your department is providing your customers with excellent service. We are committed to providing a level of service to you, the development community, and your residents that will meet or exceed your expectations. Budget -conscious approach and implementation. Our services are provided in a cost-effective manner and will be adjusted to remain within the City's budget constraints. We will monitor and evaluate our areas of responsibility and make recommendations for additional cost savings to the City where possible. v' Tailored, City -specific services. We deliver Skilled and thorough plan review services for assurance of compliance with all Federal, State. County, and City adopted codes and ordinances. The City can expect a high-level of technical assistance to architects, engineers, contractors, developers, and most importantly the homeowner. Our staff of experienced engineers, architects and plan checkers possesses the ability to provide assistance through the plan checking process. ✓ Timely turnaround service. We work with you to develop the most responsive schedule to meet the time constraints placed on your design community. Interwest Consulting Group will meet or exceed our proposed turnaround times. ✓ Effective Coordination with other City Departments. Our people are trained in promoting collaboration and cooperation with other departments and agencies. Effective communication is a key component and we have multiple communication solutions available which can be adjusted to address the unique needs of the City. 191 Click here to return to Agenda Ability to adjust service Levels to meet your needs. We can quickly fine-tune our staffing levels to match changes in activity to ensure a high level of customer service is maintained. In addition, we are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel. ENGINEERING PLAN REVIEW We understand that the City wishes to have only one Specific Individual to be responsible for all plan checking under this contract. Interwest is willing and able to provide that highly experienced individual to meet the City s needs. If however the workload in the City increases to a point that additional services are required. Interwest has the collective, diverse team of people and experience to perform the full range of Civil Engineering Plan Check Services required by the City. All work will be coordinated through the one specific proposed individual to maintain consistency and maximize the effectiveness of communication. More importantly, we possess the knowledge and skills necessary to effectively integrate the necessary engineering services with the City's staff to create a design plan check process that is coordinated, consistent, and predictable. We view our role and mission as facilitating the efficient delivery of high quality design plan check projects by: • Taking a partnering versus regulatory approach; • Balancing the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency; • Having a goal of "no surprises" for the applicant and the City; • Creating an internal team which provides a seamless design plan review process to prevent unintentional "games of gotcha" for project applicants. All plan reviews will be evaluated by the project manager for quality control of the plan review, the level and quality of comments from the review, consistency with similar reviews, the avoidance of late hits or "gotcha°' comments, the evaluation of the design professional's submittal and whether they are addressing prior comments or have justifiable reasoning in their designs that may allow leniency from standards. The project manager will meet with the design professional and their client after the second plan check if prior comments are not being addressed. We have found this will get the process back on track or provide the project owner/client with a more realistic schedule based on their design professionals' actions. The discussion above describes Interwest Consulting Group's philosophy and approach of °how" we do our work. Interwest Consulting Group proposes to complete the plan checking process of all improvement plans related to private development (excluding building and related plans), including of a variety of grading plans (mass grading, rough grading and precise grading), street improvement plans (widening, rehabilitation, and new), storm drainage plans, Hydrology and Hydraulic calculations and reports, Engineers reports, fugitive dust control plans (PM10), storm water pollution prevention plans and Water Quality Management Plans (WQMP, NPQES, MS4), erosion and sediment control plans, sewer improvement plans, traffic signal improvement plans; on -site improvement (grading and paving) plans, as well as a variety of other types of construction improvement plans and parcel/final maps. In addition to individual plan check review, we will provide independent review of technical studies and reports (including sewer studies, traffic studies, geotechnical reports, storm -water pollution preventionINPDES plans, and water quality management plans, and render appropriate review of the analysis and proposed mitigation. Services will also include review and verification of Right -of -Way documents including, but not limited to legal descriptions for easements, dedications, lot line adjustments and parcel mergers. A typical scenario for "what" we do related to the review and processing of final maps, landscape plans, improvement plans, hydrology and hydraulics calculations and plans, geotechnical studies, and traffic engineering and operations plans and reports, follows: 192 Click here to return to Agenda Provide plan reviews for final maps, improvement and landscape plans. Review includes evaluation of required reports, studies, grading and improvement plans, and design professional's recommendations. Each plan review is assigned to a design plan reviewer with oversight of the project manager. The assigned design plan reviewer will be committed to the project and will furnish all subsequent submittal reviews for the project. This maintains a consistent review and avoids "late hit' comments. • Visit the site to determine field conditions are consistent with the plans submitted. • Obtain and cross check all Conditions of Approvals and applicable standards, resolutions, and ordinances to ensure they are reflected either in the design plans or General Notes. • Each plan review will be accompanied with a letter summarizing the red -line comments. This letter will be addressed directly to the applicant's engineer or landscape architect, with a copy to City staff and the applicant. A complete red -lined set of drawings and any reports will be returned to the design professional for use in their corrections. • The Project Manager will meet with the Design Professional and City staff to review comments or to delineate the standards which are not being met to assist in the timely completion of the review and meeting the maximum goal of two plan reviews. If necessary, the third review will confirm that all previous comments have been addressed. This meeting can take place in the Design Engineer's office, if desired so that minor comments/discrepancies can be immediately addressed and the improvement plans and reports can be deemed technically correct and submitted for signature approvals. o We will meet with other City staff and outside agencies, as needed, to review their progress and/or their comments. u Interwest can provide structural engineers to assist in any structural reviews, for any of the assigned projects. We can provide these reviews concurrently with the improvement plan reviews and within the stated timeframes. • Map checking will be overseen by professional engineers licensed to practice land surveying in the State of California or by licensed Land Surveyors. o Engineering review of grading permitrapplications is highly dependent upon the complexity and location of the proposed grading. A single lot entitled commercial grading permit application will be reviewed differently from a hillside lot or subdivision, or a project adjacent to a drainage corridor. • Soils reports will be evaluated and confirmation of recommendations will be included on the plans. Boundary conditions will be evaluated to maintain continuity with surrounding properties and maintain existing drainage patterns. o Construction erosion control and post construction water quality control will be reviewed for compliance with the storm water quality management permit in effect for the City. Communicating Plan Review Results Plan reviews will consist of written comments and redlined plans (1 copy). Comments and redlined plans or approval/denial letter and 1 set of plans will be returned to the City after each review is completed. Specifically, plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections. Interwest Consulting Group will provide a clear, concise, and thorough document (i.e., comment list) from which clients; designers, contractors, and owners can work. Comment lists are delivered to our clients and other designated recipients (e.g., designers, contractors, owners) via email, FAX, and/or reliable overland carrier. If requested, Interwest Consulting Group will transmit plan review comments and coordinate re -checks directly to the applicant as required and competed plan review documents ready for approval will be returned to the City for final approval. 193 Click here to return to Agenda Maximum Proposed Turnaround Time We consistently complete plan reviews within the timeframes (or faster!) listed below as our standard business practice. We work hard to accommodate any turn -around schedule desired by the jurisdiction. Multi -disciplinary reviews are typically performed in our offices but we are available for onsite work when required and whenever possible. We can pick up the plans within 24 hours of notice. With our office just a few miles from City Hall, on many occasions we will be able to pick up the plans on the same day. We propose a maximum 15 working day turnaround time on first plan check, and a ten (14) working day turnaround time on the subsequent plan checks. The review of professional studies shall not exceed five (1€) business days. This will depend on the complexity of the project and the design engineer's attention to the comments and adherence to the original design. The proposed turnaround time can be greatly reduced by the design engineer taking advantage of our electronic plan checking capabilities. On -Site Consultant Services & Meeting Attendance Interwest Consulting Group has proposed an experienced licensed Plan Check Engineer who is available to perform on -site plan review. We understand the City may require the services of an onsite plan reviewer to ensure consistency between the design office and the actual field conditions. In addition, staff is available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations; pre -construction and pre - design meetings associated with projects that we plan review are considered part of the plan review service. Electronic Plan Check Services Interwest Consulting Group currently provides electronic plan review services for multiple jurisdictions. We have found the jurisdictions with whom we work, including their respective customers, have a wide range of needs and expectations regarding electronic plan review and permitting services. We have worked with some clients to develop electronic plan review systems utilizing several of the open market software applications and hosting sites available. Some clients, such as Salt Lake City and Clark County; Nevada, both jurisdictions with highly complicated commercial development activities, have established comprehensive electronic permit and plan review systems. in contrast, we have found jurisdictions that have primarily light commercial and residential development simply need access to our FTP site to allow their Applicants to upload digital content directly to our staff. Rather than a `one -size - fits -all" approach to electronic plan review via proprietary systems, we believe our clients are best served by a non- proprietary, commercially -available system that could be tailored to the City s specific needs. Creating a system tailored to the needs of the individual client utilizing readily available software allows for the customization of the system to easily integrate the electronic plan review system with the needs of other departments. With the plethora of commercially available FTP sites available for electronic file hosting at nominal costs, there is no longer a need for agencies to purchase or lease expensive proprietary systems. Recently, Interwest's IT staff established a comprehensive electronic permitting and plan review system for the City of Elk Grove utilizing commercially -available software that is not proprietary to Interwest or any other service provider. Our belief is that the City should retain ownership of whatever system is put in place so that you control your service delivery options in the future and do not become too dependent on one particular service provider. Plan Review Tracking Method Interwest Consulting Group uses a custom -designed database to maintain and track all plans throughout the review process from the moment you request a pick-up and/or shipment to delivery of the final, approved documents. Information such as project name, City's project number, assigned plan reviewer(s), date documents were received, plan check cycle and completion date for current review can be provided. In addition to standard phone communication, custom reports can be emailed In addition, we can provide online tracking for the City with a custom - designed web template geared to provide any reporting and information needs required. 194 Click here to return to Agenda Our staff is available during standard business hours to answer questions via phone or email regarding the actual plan check in progress. We maintain active email accounts and our staff will be responsive to any City or applicant needs. If we cannot speak directly to a caller, we will return calls no later than 24 hours. Customer Service Our company emphasizes superior customer service to all of our employees. We take an out -of -the -box approach to performing our duties, always willing to meet with clients for pre -design meetings, pre -submittal meetings or as needed to resolve plan check issues in the most efficient manner possible. In addition, the staff at Interwest brings a can -do attitude to their work by always focusing on efficient plan check processes and successful project outcomes. Interwest Consulting Group's engineers, architects, plans examiners and inspectors understand the importance of providing superior customer service to applicants, contractors and designers. Our philosophy is to provide our services in a professional, courteous and collaborative manner. We encourage our staff to work as part of the project team to insure successful project outcomes. Interwest Consulting Group is able to accommodate special project plan check needs such as fast -track, multi - phased, or accelerated plan checks. We establish project specific turn -around goals and procedures with jurisdiction staff for these types of projects based on the complexity of the projects as well as the construction schedule. Interwest Consulting Groups staff of engineers and plans examiners will work with the City as well as with applicants and designers to resolve all plan check issues. Our staff will deal directly with applicants and their designers during the plan check process to resolve all issues. Interwest Consulting Group will furnish assigned personnel with all materials, resources and training necessary to conduct plan checks, including a current copy of the applicable City amendments; policies, procedures and forms. PROJECT CONTROLS The services we provide are always closely coordinated and monitored to ensure we meet or exceed the service levels desired by the City, but also stay within the financial capacity of your operating budget. We have broad experience and "hands on" knowledge of municipal budgeting, specifically related to expenditures and cost recovery associated with private development processing and permitting. We will work in close partnership with the City of La Quinta tailoring our services and deployment of staff resources to match the allocated budget. 195 Click here to return to Agenda 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 Consultant under this Agreement is Fifty Thousand Dollars ($50,000) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultant's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of this Agreement. Plan Check Compensation Plan check payment shall be made in full at a "fixed fee" rate of: $ 625 per sheet (submittals with 1-5 sheets in quantity) $ 600 per sheet (submittals with 6-15 sheets in quantity) $ 560 per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant receives no additional compensation for travel to and from City Hall. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including Water Quality Management Plans (WQMP) or other engineering reports, shall be in made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. 196 Click here to return to Agenda Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. The Consultant shall separately invoice per plan and per plan check. No exceptions will be allowed to the payment schedule. Consultant also may be requested to provide general civil consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $120 per hour - no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT: Title: Public Works Group Leader_ 197 Click here to return to Agenda classification Hourly Billing Rate Engineering Principal..................................................... ................... _.. $150 Project Manager..----...--....-----..--.. ........... ........................... $135 Design Engineer.----------....-----------------------_.------ ------- ........... 120 Storm Water Engineer.------------------ ------------ ------------------- 120 Civil Plan Review Engineer .................................................. 120 Project Manager__ ------------------------------------------------------------- 120 Associate Engineer III ---------------- _._ ----------------------------------- 105 Associate Engineer 11 ----------- ----------------------------------------------- 100 Associate Engineer I -------------------------------------------------------------- 85 Assistant Engineer ................................................................. 75 Engineering in Training .................... _._ ............................... 65 Public Works Inspector III ...................................................... 85 Public Works Inspector 11 ................. _._ ............................... 75 Public Works Inspector I ........................................................ 70 SVVPPP Professional ................. _._ ..................................... 85 Engineering Technician III-------------------------------- --------------------- 73 Engineering Technician 11 -------------------- ---- _ ---------------------------- 70 Engineering Technician I -------------------------------------------------------- 65 Draftsperson--------------------------------------------------------------------------- 60 Reimursables: Construction Management Officeffrailer ------------------------ Cost + 15% Administration of Sub -Consultants ................................ Cost + 15% Permits-------------------------------------------------------------------- Cost + 15% Printing: reproduction, research, meetings, mileage, telephone usage, general office supplies, overhead, etc.... are included as incidental to the charges in the "Not -to -Exceed fee schedule and total cost proposal - Rates are typically reviewed yearly on Jidy I and fnay be xbjed to reyijon unless under -Techfc comract oblotkrs. The cost proposal Schedule A, is included with this rate schedule BILLING PROCESS Invoices are typically generated upon the conclusion of the month. linterwast Consulting Group will work with the City to supply the necessary billing information. 198 Click here to return to Agenda Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. Consultant, Interwest Consulting Group, Inc. shall provide services for a term of twelve (12) months beginning July 1, 2016 and terminating on June 30, 2017. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1st Plan Check 15 Working Days 2nd Plan Check 10 Working Days 3rd Plan Check 10 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittals Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. `.. Click here to return to Agenda If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall be required to use the City's TRAKiT software in the plan check process. The Consultant shall also be required to purchase or obtain the Bluebeam Revu software to allow electronic review and commenting of plans. The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. 200 Click here to return to Agenda Exhibit D Special Requirements At no additional cost to the City: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site. 3. The Consultant shall purchase Blubeam Revu Standard software, which Consultant shall use for the electronic review of plans and maps. 4. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 5. The Consultant shall supply all necessary tools and materials to perform their work. 201 Click here to return to Agenda 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) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant 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 Consultant's acts or omissions rising out of or related to Consultant'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 Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant 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 Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant 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 Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 202 Click here to return to Agenda 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 consultant 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. Consultant 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. Consultant 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, Consultant 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 some shall not be construed as a limitation of Consultant'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 Consultant 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 Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant'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 Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 203 Click here to return to Agenda E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant 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. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant 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 Consultant 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. Consultant 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 of the coverages required and an additional insured endorsement to Consultant'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 Consultant or deducted from sums due Consultant, at City option. 204 Click here to return to Agenda 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant 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 Consultant'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 Consultant, 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 anytime during the term of this Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, 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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant 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. Consultant 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 or not 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. 205 Click here to return to Agenda 15. Consultant 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 Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as 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 Consultant under this agreement. Consultant 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. Consultant 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 Consultant 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant 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. 206 Click here to return to Agenda Exhibit F Indemnification F.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant 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 Consultant 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 cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant 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 Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant. F.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant 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 207 Click here to return to Agenda City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant 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 Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 208 Click here to return to Agenda ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Interwest Consulting Group ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to As -Needed Building Division Plan Review and Inspection Services as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services"). Consultant represents and warrants that Consultant is a provider of first- class services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase "highest professional 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 Licenses, Permits. -Fees and _Assessments. Except as otherwise specified herein, Consultant 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. Consultant 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. Consultant 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. Consultant shall be responsible for all subcontractors' compliance with this Section. 1.4 Familiarity with 'Work. By executing this Agreement, Consultant 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 Last revised April 2015 209 Click here to return to Agenda the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Standard of Care. Consultant acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's work will be held to a heightened standard of quality. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of quality as set forth in this Agreement. Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Consultant, 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 Consultant shall not relieve Consultant 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 Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant 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, provided that Consultant shall not be required to perform any Additional Services without compensation. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer, 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 Consultant. It is expressly understood by Consultant 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 unenforeceable. Failure of Consultant to secure the Contract Officer'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. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.7 5pea.l__Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (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 Last revised April 2015 -2- ►fA1011 Click here to return to Agenda Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Fifty Thousand and 001100 Dollars ($50,000.00) (the "Contract Sum"), except as provided in Section 1.6. 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 Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City; Consultant 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, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 2.2 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant 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 Consultant specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Subject to retention pursuant to Section 8.3, City will pay Consultant 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 pursuant to Section 1.6 of this Agreement shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. Last revised April 2015 3 PAi Click here to return to Agenda 3.0 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. 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 Consultant, 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 Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 his or her judgment such delay is justified, and the Contract Officer's determination 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 to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated i this Agreement, the term of this agreemen terminate on June 30, 2017 ("Initial Term"). Three (3) additional year(s) upon mutual Term"). 4.0 COORDINATION OF WORK n t accordance with Sections 8.8 or 8.9 of shall commence on July 1, 2016 and This Agreement may be extended for agreement by both parties ("Extended 4.1 Representative of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: a. Ron Beehler, Director of Building & Safety E-mail: rbeehierPinterwestgrp.com b. Chris Vogt, City Liaison E-mail: c.v_n-gtc?interwe5tgrp,_c�m, Last revised April 2015 -4- 212 Click here to return to Agenda C. Tom Hartung, Project Manager E-mail: thartung@)interwestgro.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 Consultant and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Consultant 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" shall be Timothy R. Jonasson, P.E., Design and Development Director/City Engineer or such other person as may be designated in writing by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer 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 Consultant, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract 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 Consultant, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting by Consultant without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Consultant 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 Consultant, 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 Consultant's employees, servants, representatives, or agents, or in fixing their number or hours of service. Consultant 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. Consultant shall not at any time or in any manner represent that it or any of its agents Last revised April 2015 5 213 Click here to return to Agenda 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 Consultant in its business or otherwise or a joint venture or a member of any joint enterprise with Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Consultant 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 Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant 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, Consultant 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. Consultant agrees to pay all required taxes on amounts paid to Consultant 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. Consultant shall fully comply with the workers' compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Consultant 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. Consultant represents that the Services required herein will be performed by Consultant 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 Consultant 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 Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of Last revised April 2015 -6- 214 Click here to return to Agenda 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. 6.0 INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Consultant 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. 7.0 RECORDS AND REPORTS. 7.1 Reports.. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Consultant 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 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 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 Consultant's business, custody of the Books and Records may be given to City, and access shall be provided by Consultant'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 Last revised April 2015 7- 215 Click here to return to Agenda 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 Consultant, 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 upon the expiration or termination of this Agreement, and Consultant 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 Consultant will be at City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, revise, or assignment. Consultant may retain copies of such Documents and Materials for its own use. Consultant 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 Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Consultant 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 Consultant 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. 7.4 Licensing of Intellectual Property. This Agreement cre-ates 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. Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all of the Documents and Materials. Consultant makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Consultant or provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Materials at any time, Last revised April 2015 -8- 216 Click here to return to Agenda provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.5 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant 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. 8.0 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 Consultant 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; 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 Section 8.8. During the period of time that Consultant 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 Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant 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 Consultant 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 Consultant. Any waiver by either Last revised April 2015 9 217 Click here to return to Agenda 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 some 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 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Consultant shall be liable for and shall pay to City the sum of [EIGHT HUNDRED AND FIFTY dollars ($850.00)] 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 Consultant any accrued liquidated damages. 8.8 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.9 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 Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Consultant 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 thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.9 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, 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 Consultant 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 Consultant for the Last revised April 2015 -10- 218 Click here to return to Agenda purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.10 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. 9.0 CITY OFFICERS AND EMPLOYEES; NON_DISCRI_MINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant 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 Consultant's performance of the Services under this Agreement. Consultant 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. Consultant 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. Consultant 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. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, Last revised April 2015 -11- 219 Click here to return to Agenda 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. Consultant shall take affirmative action to insure 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. 10.0 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: Timothy R. Jonasson Director of Design and Development 78-495 Calle Tampico La Quinta, California 92253 To Consultant: INTERWEST CONSULTING GROUP Attention: Chris Vogt, P.E. Coachella Valley Regional Manager 431 S. Palm Canyon Drive Ste. 200 Palm Springs, California 92262 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 Pleadings 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 Consultant and by the City Council of Last revised April 2015 -12- 220 Click here to return to Agenda City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severabilitv. 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, Consultant 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 Consultant without further acknowledgment of the parties. 10.9 No Third Porty 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] Last revised April 2015 -13- 221 Click here to return to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation FRANK J. SPEVACEK, City Manager Dated: ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Last revised April 2015 -14- CONSULTANT: B 4J Y� Ron Bc'ehler Title: Director of Building & Safety Services Dated: By: Name: Title: Dated: 222 Click here to return to Agenda Exhibit A Scope of Services 1. Services to be Provided: As Needed Building & Safety and Planning Services BUILDING ADMINISTRATIVE SERVICES Typical Building Administrative Services include: • Serve as the City's Building Official, on -site, as needed • Provide recommendations for improvements to plan check routing, tracking system, inspection procedures and improvements/modifications to expired permit procedures • Deliver building code updates and adoption • Assure resolution to resident inquires and complaints • Building Official Administration • Prepare Conditions of Approval & review standard conditions of approval and update, as needed • Maintain the Building and Safety procedure manual • Compile monthly reporting of building and safety activities and annual reporting • Adjust staffing levels to ensure that all established service timeframes are met PLAN CHECK SERVICES Plan Check Services include the following elements: Plan review of residential, commercial and industrial buildings and structures for compliance with the adopted version of the California Building Code, Mechanical, Plumbing, Electrical, CASp, Title24, Americans with Disabilities Act, LEED, Green Building, Fire, and all other state mandated ordinances and codes. a Our staff will conduct accelerated plan review on as as -needed basis as requested by the City. • We have several staff members who are CASp certified and who will be made available as needed. We will maintain records related to all plans, calculation and documents received. We will provide, in the City's approved format, a complete list of plan check comments referring to appropriate sheets, details or calculations pages and the code section of concern. Plan review lists shall bear the stamp and signature of a licensed engineer when required. * A designated staff member will be available during counter hours and all phone calls will be returned the same day. 223 Click here to return to Agenda • Plan checkers will also be available during work hours to discuss and clarify plan check issues with designers, owners and contractors. Resolution of code issues may be by telephone, or meetings prior to resubmitting corrected plans and documents. • Plan checkers will attend all required meetings as directed by the City. • We will submit accurate and timely reporting on the activities to the City in the format approved by the City. • All plans will be picked up within 24 hours upon notification and delivered back to the city at no cost to the City. • Maintain a high level of customer service to the community. Code Interpretations Code interpretations are subject to final review and approval by the Building Official and or City designated staff. Interwest Consulting Group's engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the Building Department. Communicating Plan Check Results Plan reviews will consist of written comments and redlined plans (1 copy). Comments and redlined plans or approval/denial letter and 1 set of plans will be returned to the City after each review is completed. Specifically, plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections. Interwest Consulting Group will provide a clear, concise, and thorough document (i.e., comment list) from which clients, designers, contractors, and owners can work. Comment lists are delivered to our clients and other designated recipients (e.g., designers, contractors, owners) via email, FAX, and/or reliable overland carrier. If requested, Interwest Consulting Group will transmit plan review comments and coordinate re -checks directly to the applicant as required and competed plan review documents ready for approval will be returned to the City for final approval. On -Site Consultant Services & Meeting Attendance Interwest Consulting Group has a full-time staff of experienced plan reviewers and licensed architects, structural and civil engineers available to perform on -site plan review. We understand the City may require the services of an onsite plan reviewer from time to time. Also, many of our inspection personnel are cross -trained and skilled in performing both front counter and inspection duties as a potential added cost - savings to the City. In addition, staff is available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre -construction and pre -design meeting 224 Click here to return to Agenda associated with projects that we plan review are considered part of the plan review service. Electronic Plan Check Services Interwest Consulting Group currently provides electronic plan review services for multiple jurisdictions throughout California and we are prepared to provide electronic plan check for the City. More and more jurisdictions are seeing the benefits of electronic permit and plan check, especially for large, complex projects. Electronic plan check services delivers many benefits to cities, including substantially improved turnaround times; instantaneous comments to the developer, applicant or architect; secured accessibility to documents; and reduced paper storage. Our staff is experienced providing electronic plan review and can work closely with the City on any electronic plan check software program that is utilized. Our goal is always to collaborate with and support the building department by providing thorough, accurate and timely plan reviews. Plan Check Tracking Method & Billing Process Our staff has experience working with most project tracking databases utilized by building departments. Our staff will update electronic records and make project related database entries as directed by the City. We will create and maintain a Jurisdiction File containing our research on any unique amendments or specifications required by your jurisdiction, billing arrangements, contact information and any special requests you would like us to keep in mind. Interwest Consulting Group uses a custom -designed database to maintain and track all plans throughout the review process from the moment you request a pick-up and/or shipment to delivery of the final, approved documents. Information such as project name, City's project number, assigned plan reviewer(s), date documents were received, plan check cycle and completion date for current review can be provided. In addition to standard phone communication, custom reports can be emailed In addition, we can provide online tracking for the City with a custom -designed web template geared to provide any reporting and information needs required. Our staff is available during standard business hours to answer questions via phone or email regarding the actual plan check in progress. We maintain active email accounts and our staff will be responsive to any City or applicant needs. If we cannot speak directly to a caller, we will return calls no later than 24 hours. BUILDING INSPECTION SERVICES Interwest Consulting Group tailors inspection services to the particular needs of each client with special attention to providing competent, consistent service at all levels — at all times. We handpick our candidates and identify skill levels required to best 225 Click here to return to Agenda match the City's inspection goals and philosophy. All Interwest Consulting Group inspectors are ICC certified. Interwest staff has performed inspection services on a wide variety of construction projects including custom homes, large residential developments, and commercial, institutional and essential service buildings. We provide valuable experience gained through successful work with government clients throughout California. This clear understanding of the construction process enables our people to quickly identify and resolve problems both in the office and in the field. Assigned staff will perform continuous or periodic construction inspections to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building codes. Many of our inspector candidates can provide dual plan check and inspector services for our clients. When necessary for large or fast -track projects, multiple inspectors are available. Staff assigned will contact the Building Official for interpretations, local ordinances, local preferences, alternate materials and exceptions/alternates to the model codes. They will report directly to the jurisdiction Building Official or other person designated for all project -related work. Items, if any, which cannot be resolved between the project inspectors and contractors, will be forwarded to the Building Official for final resolution. Inspection personnel assigned will be able to read, understand and interpret construction plans, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, the public and general staff. Inspectors will posses knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards. Services include, but are not limited to: ✓ Perform all necessary building inspections in a timely and courteous manner. ✓ Resolve code interpretation issues in the field. ✓ Enforce compliance with the conditions of approval, provisions of your jurisdiction's ordinances and the code requirements set forth on the plans for which a permit was issued. ✓ Observe each project at the completion of the various stages of construction for compliance with the appropriate building code; state disabled access and energy regulations. ✓ Identify issues of non-compliance with applicable building codes. ✓ Ensure that adequate records are maintained for all building inspection activities. ✓ Administrative duties including but not limited to scheduling of inspections and record keeping. ✓ Coordinate with the Code Enforcement Officer on building code violations. 226 Click here to return to Agenda ✓ Coordinate with Public Works Inspectors on matters involving public water, sewer, storm drainage and street improvements. Integration with City Staff and Departments As municipal consultants to many jurisdictions, Interwest staff is highly adaptive to all processes and procedures and quickly and seamlessly assimilates to your specialized requirements. All personnel are cross -trained in municipal operations to successfully bridge across departments and are accustomed to partnering, assisting, and coordinating with Planning, Public Works, Code Enforcement and other vital City staff and departments. Inspection Schedule Interwest Consulting Group inspectors are familiar with a multitude of jurisdictional scheduling and tracking systems and can quickly adapt to City requirements. Inspectors will provide inspections for all inspection requests received. Emergency inspections (usually requests that pertain to a serious or urgent life/safety issue) can be provided as they are needed; nights, weekends and holidays. Many of our inspectors are also available to serve at the public counter when needed. Tools & Equipment Interwest Consulting Group provides all vehicles, fuel maintenance, and other equipment necessary for inspectors to carry out duties. PERMIT TECHNICIAN SERVICES. Interwest Consulting Group will furnish exceptionally qualified personnel as required for the City's front counter. All staff operates as an extension of the City's team, understands the importance of exemplary customer service, are knowledgeable on the inner -workings of building departments, and are thoroughly familiar with the building application and permit process. Our permit technicians are familiar with a multitude of jurisdictional scheduling and tracking systems and can quickly adapt to City requirements. Many of our staff are also dual -role employees and can serve as both inspection and front counter support. Personnel work collaboratively with applicants and have a "can do" attitude to help resolve issues and minimize anxiety for applicants. Qualified candidates will be presented for City approval. Permit Technician personnel can provide the following, but are not limited to: ✓ Full -Service Front Counter Support ✓ Permit Processing and Issuance ✓ Assist with Inspection and Plan Review Procedures ✓ Respond to Resident Inquiries ✓ Process Public Record Requests ✓ Update Reports to Outside Agencies ✓ Prepare Statistical Reports ✓ Maintain Records/Storage/Imaging 227 Click here to return to Agenda PLANNING SERVICES Planning Review Services 1. Review, analyze and evaluate discretionary case applications according to City standards. Utilize City electronic and paper files to research previous approvals. 2. Prepare environmental assessments, including initial studies, negative declarations, program EIR checklists and mitigation monitoring programs to ensure compliance with CEQA. Should a project require an Environmental Impact Reports, the City would contract for preparation of that document separately through a competitive proposal process or through the list of approved consultants. 3. Route plans to various City departments, consolidate comments, and present recommendations and revisions to the applicant. Work with other departments to ensure consistency of comments. 4. Prepare screen check comments, letters to applicants, and staff reports. 5. Maintain communications with applicants, interested parties, property owners, homeowner associations, etc. Respond to inquiries about the project from residents and applicants. 6. Prepare notices for public meetings and hearings and hearings in accordance with City and CEQA requirements. 7. Attend community meetings and public hearings as required and present reports to various City Commissions and to the City Council. 8. Manage the project schedule in accordance with the City's adopted time frames. 9. Open, maintain, and close electronic and paper files in accordance with City procedures. 10. Assign street names and addresses for projects as required. 11. Review grading, building, and demolition plans for consistency with discretionary approvals and environmental mitigation, if appropriate. 12. Provide backup staff at the counter if necessary Environmental Impact Analysis Work efforts related to analysis of proposed projects for compliance with the California Environmental Quality Act (CEQA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Environmental Impact Reports, and/or other CEQA related documents as needed by the City. 228 Click here to return to Agenda Various General Plan Element Preparation Work efforts related to preparation of the various General Plan Element and updates. This may include preparation of the document itself, required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Environmental Impact Reports and Negative Declarations, and or other CEQA related documents as needed by the City. Consultants will be expected to manage and provide quality control for all aspects of the preparation of the document, including environmental documentation. 2. Performance Standards: Consultant shall perform all services as outlined in the "Scope of Services" (Exhibit A) on an "as needed basis" within the cost rates of the "Schedule of Compensation" (Exhibit B) and time -frames stated in the "Schedule of Performance" (Exhibit C) to the satisfaction of the City of La Quinta design and Development Building Division. 229 Click here to return to Agenda 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 Consultant under this Agreement is Fifty Thousand and 00/100 Dollars ($50,000.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultant's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of this Agreement. HOURLY RATE Certified Classification Hourly Rate Senior Plan Check Engineer $135 Senior Plans Examiner 95 CASp 95 Permit Technician 65 Senior Building Inspector 88 Building Inspector 80 Rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations BILLING PROCESS Invoices are typically generated upon the conclusion of the month. Interwest Consulting Group will work with the City to supply the necessary billing information. 230 Click here to return to Agenda Exhibit C Schedule of Performance Consultant 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. 231 Click here to return to Agenda Exhibit D Special Requirements None. 232 Click here to return to Agenda 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) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant 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 Consultant's acts or omissions rising out of or related to Consultant'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 Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant 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 Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant 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 Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 233 Click here to return to Agenda 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 consultant 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. Consultant 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. Consultant 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, Consultant 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 Consultant'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 Consultant 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 Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant'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 Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 234 Click here to return to Agenda E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant 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. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant 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 Consultant 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. Consultant 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 of the coverages required and an additional insured endorsement to Consultant'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 Consultant or deducted from sums due Consultant, at City option. 235 Click here to return to Agenda 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant 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 Consultant'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 Consultant, 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, 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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant 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. Consultant 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 or not 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. 236 Click here to return to Agenda 15. Consultant 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 some coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as 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 Consultant under this agreement. Consultant 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. Consultant 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 Consultant 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant 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. 237 Click here to return to Agenda Exhibit F Indemnification FA General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant 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 Consultant 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 cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant 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 Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant. F.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this Exhibit. Failure 238 Click here to return to Agenda 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 herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant 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 Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 239 Click here to return to Agenda OFFICER'S CERTIFICATE I, Terry J. Rodrigue, hereby certify that: I am a duly elected, qualified and acting President and Corporate Secretary of Interwest Consulting Group, Inc., a duly organized and existing Colorado corporation; and 2. Interwest Consulting Group, Inc. policy sets forth the delegation of authority to the company's officers and employees to create financial, contractual, and other obligations on behalf of Interwest in the course of performing their employment. This policy permits delegation of signature authority to authorized Contract Representatives. Michael Kashiwagi, Ron Beehler, James G. Ross, and Debra Thorson are such authorized Contract Representatives as long as they are employed by Interwest, and therefore by this delegation each has signature authority to sign proposals and bind Interwest Consulting Group, Inc. in contractual commitments. IN WITNESS WHEREOF, I have executed this Officer's Certificate and affixed the corporate seal of Interwest Consulting Group, Inc. this jZ�ay of ie t, 2015. Interwest Consulting Group, Inc. _ Corporate Seal Terry J. P drigue President and Cor ate Secretary State of Colorado ) ) ss. County of Boulder ) The undersigned, a Notary Public, does hereby certify that on this I %q day of E't_ , 2015, personally appeared before me, Terry J. Rodrigue, who being first duly sworn an oath, declared that he is the President and Corporate Secretary of Interwest Consulting Group, Inc. and that he signed the foregoing document in his capacity as President and Corporate Secretary of the corporation, and that the statements contained herein are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date set forth above. Dorothy C 1 orley Notary Public Dorothy I. Worley Notary Public State of Colorado Notary ID 20054029536 My Commission Expires July 27, 2017 240 Click here to return to Agenda CONSENT CALENDAR; 10 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION REQUESTING COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON TAX ROLLS RECOMMENDATION Adopt a Resolution requesting the County of Riverside to place collection costs of solid waste handling services for single-family dwellings on the Tax Rolls. EXECUTIVE SUMMARY On May 3, 2016, Council approved an amended and restated agreement with Burrtec Waste and Recycling Services (Burrtec) for solid waste handling services that included property tax roll billing for residential customers. The County Tax Assessor requires City Council to annually adopt a resolution requesting solid waste collection services to be placed on the residential Tax Rolls (commercial properties are direct -billed). FISCAL IMPACT None. BACKGROUND/ANALYSIS The City contracts with Burrtec for solid waste collection and handling, and street sweeping services. The agreement stipulates that the cost for single-family dwelling services will be collected on the Tax Rolls. The County Tax Assessor requires the Council to annually adopt a resolution requesting that this cost be placed on the Tax Rolls. This practice results in a monthly cost savings of $1.43 per single-family dwelling. These service costs are not subject to Proposition 218 (which provides that all taxes and most charges are subject to voter approval) because the Council does not set rates but instead establishes a rate ceiling pursuant to its regulatory authority. The Council may adjust the maximum rate ceiling each year. The following chart presents the single-family dwelling unit service costs. The AB 939 fee was reduced and Franchise Fee increased in the recent agreement, with the changes offsetting; resulting in no rate increase for 2016. AB 939 remains a fixed amount and is utilized to fund City -initiated programs to increase solid waste diversion. 241 Click here to return to Agenda 2015 Rate 2016 Rate Single -Family Dwelling (existing) (proposed) Service Component of Maximum Rate $8.81/month $8.94/month Disposal Component of Maximum Rate $3.43/month $3.81/month AB 939 Fee $0.61/month $0.10/month Total Rate $12.85/month $12.85/month $154.20/year $154.20/year Additional Refuse Cart $6.71/month $6.71/month $80.52/year $80.52/year Backyard Service For refuse and first recycling $6.33/month $6.33/month carts/containers $75.96/year $75.96/year For each additional cart/container $6.33/month $6.33/month $75.96/year $75.96/year Surcharge for Homeowners' Associations Desiring Monday Service 10 percent of Service Component AR TRRINATtVFS Since this is authorized by the current Franchise Agreement, staff does not recommend an alternative. Prepared by: Ted Shove, Business Analyst Approved by: Frank J. Spevacek, City Manager 242 Click here to return to Agenda RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION OF COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON THE TAX ROLLS. WHEREAS, the La Quinta City Council wishes to ensure the uniform collection of rates for solid waste handling services at single-family dwellings by placing collection thereof on the County of Riverside Tax Assessor's Tax Rolls; and WHEREAS, the attached Exhibit A sets forth the maximum rates that may be collected for solid waste handling services at single-family dwellings in the City of La Quinta pursuant to a franchise agreement with an Effective Date of July 1, 2016, entitled "Agreement Between The City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services"; and WHEREAS, the La Quinta has determined that applicable provisions, if any, of Proposition 218 (Articles XIII C and XIII D of the California Constitution) have been satisfied in connection with the matters addressed by the Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta, to adopt as follows: SECTION 1. The City Council hereby requests the Riverside County Tax Assessor to place collection of costs for solid waste handling services at single-family dwellings in the City on the County's tax rolls (Exhibit A). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 243 Click here to return to Agenda Resolution No. 2016- Residential Waste Fee Schedule Adopted: July 5, 2016 Page 2 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 244 Click here to return to Agenda Resolution No. 2016- Residential Waste Fee Schedule Adopted: July 5, 2016 Page 3 EXHIBIT A CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE TAX BILLING FISCAL YEAR 2016/2017 - RESIDENTIAL PROPERTY 2015 Rate Single -Family Dwelling (existing) 2016 Rate (proposed) Service Component of Maximum Rate $8.76/month $8.94/month Disposal Component of Maximum Rate $3.23/month $3.81/month AB 939 Fee $0.61/month $0.10/month Total Rate $12.60/month $12.85/month $151.20/year $154.20/year Additional Refuse Cart $6.68/month $6.71/month $ 80.16/year $ 80.5 2/yea r Backyard Service For refuse and first recycling $6.30/month $6.33/month carts/containers $75.60/year $75.96/year For each additional cart/container $6.30/month $6.33/month $ 75.60/year $ 75.96/year Surcharge for Homeowners' Associations Desiring Monday Service 10 percent of Service Component 245 Click here to return to Agenda 246 Click here to return to Agenda CONSENT CALENDAR: 11 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE IMPROVEMENTS FOR A RETAIL AND MEDICAL OFFICE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE RECOMMENDATION Adopt a resolution to extend time to complete off -site improvements as specified in the Subdivision Improvement Agreement for Parcel Map No. 31876 to July 5, 2017. EXECUTIVE SUMMARY • Parcel Map No. 31876 is a retail and medical office development at the northeast corner of Washington Street and Fred Waring Drive. • Mayer Villa Capri, LP (Developer) has requested a time extension to the Subdivision Improvement Agreement to complete off -site improvements. • Sufficient bonding exists to ensure the completion of the remaining developer obligations and there have been no requests to complete these improvements. FISCAL IMPACT None. ACKGROUND/ANALYSIS On October 5, 2004, Parcel Map No. 31876 was approved for this retail/medical office complex development, (Attachment 1). The land is vacant and no development has occurred. On June 1, 2016, the Developer requested a time extension due to economic conditions and is considering a different mix -use development (Attachment 2). The Developer contributed to the median landscaping on Fred Waring Drive which was completed as part of the City's Capital Improvement Program in 2012. Staff has not received any requests to complete remaining off -site improvements which include sidewalk and parkway landscaping on Palm Royale Drive, Washington Street, and Fred Waring Drive. Since the project has not been constructed, staff recommends extending the Subdivision Improvement Agreement's completion requirements to July 5, 2017. 247 Click here to return to Agenda ALTERNATIVES The Council may opt not to grant the time extension and require the developer to construct the remaining off -site improvements immediately. However, since the improvements are not needed at this time, this alternative is not recommended. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Letter from Mayer Corporation dated June 1, 2016 248 Click here to return to Agenda RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING EXTENSION OF TIME TO JULY 5, 2017 FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO.31876 WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 31876, on November 17, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the developer begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the developer to complete construction of the off -site improvements by September 20, 2012 shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to July 5, 2017. SECTION 2. The time extension for completing the off -site improvements shall expire when City offices close for regular business on July 5, 2017 if the installation of the off - site improvements has not been completed. SECTION 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. SECTION 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 249 Click here to return to Agenda Resolution No. 2016- Tract Map No. 31876 Adopted: July 5, 2016 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 250 Click here to return to Agenda ATTACHMENT 1 PM 31876 - MAYER VILLA CAPRI W w V) 0 c� z CCLLE LAS BRISAS FRED WARING DRIVE VICINITY NOT TO SCALE PALM ROYALE DRIVE MAP 251 Click here to return to Agenda 252 Click here to return to Agenda A�) THE M AVEB�, 1 11 CORPORATION June 1, 2016 Mr. Tim Jonasson Public Works Director/City Engineer City of La Quanta 78-495 Calle Tampico La Quinta, California 92253 Subject: Parcel Map31876—Mayer Villa Subdivision Improvement Agreement (SIA), Off -site Improvements Dear Mr. Jonasson: As a follow up to your letter of May 14, 2015, please accept this letter as our request for an Extension of Time in order to complete the off -site improvements associated with Parcel Map 31876 and as specified in the approved Subdivision Improvement Agreement. As you are aware, Mayer Villa Capri has been cooperative with the City of La Quinta in the past on the various off -site improvements required by the Conditions of Approval and many, although not all, of the required improvements have been installed including the curb/gutter and the landscape median (including landscaping) on Fred Waring Drive, and certain signal improvements and upgrades. We recently received approval from the City Council to extend our current entitlement for the property as we continue to monitor commercial, office and perhaps even a hotel component to our mixed use project at this key intersection for La Quinta. Considering all that has been constructed to date and the possibility that certain improvements associated with the original Parcel Map such as driveway locations will likely be in conflict with the ultimate improvements, we again request an extension of time for SIA to defer said improvements. Thank you for your assistance and consideration in this matter and if you have any questions concerning this please feel free to call me or Marvin Roos at MSA Consulting (760-320-9811). Very truly yours, Ro rt )Md' r. cc: ryan nney Marvin Roos 8951 Research Drive . Irvine, CA 92618-4237 te1949.759.8091 . fax 949.988.7176 253 Click here to return to Agenda 254 Click here to return to Agenda City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE 2016 PAVEMENT MANAGEMENT PLAN RECOMMENDATION Approve the 2016 Pavement Management Plan. EXECUTIVE SUMMARY CONSENT CALENDAR: 12 • Every five years, the City reviews street conditions and prioritizes its street maintenance efforts to create a five year Pavement Management Plan (PMP). • At the June 7, 2016 Council meeting, staff presented the draft PMP; Council comments receives at this meeting have been addressed. 19 Kl1_1 4 1817_GW None. Per previous City Council direction, $1 million per year is allocated annually from the General Fund for roadway resurfacing. Staff recommends continuing this funding level for the next five years. BACKGROUND/ANALYSIS The PMP includes a current inventory (with condition and preservation requirements) and a five-year work plan that is annually incorporated in the Operation and Maintenance budget. The Final Five -Year Plan 2016/21 (Attachment 1) depicts recommended annual roadway maintenance improvements. The final PMP document is available for review in the Design and Development Department. On June 7, 2016, Council directed staff to: 1) address timing of the grind and overlay of Avenue 52 to complement the construction of the new luxury hotel at SilverRock Resort, and 2) after Avenida Bermudas is slurried, ensure new striping does not remove existing parking on Avenida Bermudas and that there is a transition for bicyclists at the border with Calle Tecate. These items will be included in the street segment design. ALTERNATIVES None. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. City of La Quinta Final Five -Year Plan 2016/21 255 Click here to return to Agenda 256 o: p m U J m ~ ~ U) Q = cn r,P o 0 ry ¢ ¢ ' z 47T AVE z D E EL N1AF Q n < r co J O z z (n is c ne e o return AganW HAR ATTACHMENT 1 NESTW z J z U Z w 4 EU BLUFF RD SAB MARY LN rr— Of FIESTA D p z Q p SH-111 City Of La Quinta 0 Y 9 Final 5 Year Plan RO WN � � z T m 201 6.2O2l U 1T-'- m ¢ Q ¢� w p m w >- �TI AISAVE 0 w _ _ v D � Y ¢ � 9,, RE P 50 TH AVELi tr o OJ p GA NT AY 9 VIA VALERO z O z P ME ST ,�Q4 0 z O p J 51 ST AVE fO u~i g Z o z �A m m z POLO RD <O O co U � 2 D AVE O� CUI AY Q GINS CT SP �� VIA PORTOFINO J0PGPP O G� VIA C �P m VIA PAESSAR O p < < a ° 0 D z BAFFIN VE OAK TREE 54TH AVE > t7 m z D ¢w N -� to D � rn Kw awo m m moLe end PIN HU T THE COLQCtrlines n � ? S TIONALDR TIBURONDR Z G m AIRP LVD <all other values> s� 5 Year Plan 2016-2021 ��ti� ELLERI 0 G v� 9 p 2016-2017 Zones 1,2 &5 0 Fis _ G U kOp z J RIVIE '� p > CITY-WIDE STRIPING MERION m VIA I ► s W -�-- Digouts &Slurry Seal HERMIT GE ¢ cT� O VID L R ¢ J v > Of m Crack Seal & Slurry Seal W o TOM FAZIO LN N ? 58 SE N T R p Grind & Overlay � m A A A z J a A RY LN c9 O 2017-2018 Zone 2 ���q< Doti J �ERt a ¢ z Grind & Overlay TOM FAZIO LN O s 0 59T AVE ¢ 2018-2019 Zone 2 �O�pP Crack Seal & Slurry Seal CA ECONC ITA W J 2019-2020 Zone 2 W z Grind & Overlay �° o �o PG 2020-2021 Zone 3 Crack Seal & Slurry Seal g4ti E E LE CWV DR p m CALLE 48TF AVE E BRISA ,�Q/ O C N z Z Z tr p D 0 G C 7-, BRIARWOOD ENIDA L ND LIMA CITRUS '9 m m G N O <2 U) C0 0 BAYA Click here to return to Agenda 258 Click here to return to Agenda CONSENT CALENDAR: 13 City of La Quinto CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENTS 4 AND 5 TO BENGAL ENGINEERING, INC.'S PROFESSIONAL SERVICES AGREEMENT ASSOCIATED WITH THE DUNE PALMS ROAD BRIDGE IMPROVEMENT RECOMMENDATION Approve Amendments 4 and 5 to Bengal Engineering, Inc.'s Professional Services Agreement associated with the Dune Palms Road Bridge Improvement. EXECUTIVE SUMMARY • The City's professional services agreement (PSA) requires compensation for additional services that exceed five percent of the total contract amount be approved by the City Council. • The addition of Amendments 4 and 5 (Attachments 1 and 2) exceed the five percent limit for a total increase (Amendments 1 through 5) of $73,245 or 6.2 percent above the original contract sum. • Amendment No. 4 ($16,100) authorizes the design consultant to develop three grade control structure alternatives. Amendment No. 5 ($19,900) authorizes them to provide additional hydraulic information on the Coachella Valley Stormwater Channel. Both items are needed to respond to comments received by Coachella Valley Water District (CVWD) on the Bridge Hydrology Report. FISCAL IMPACT The original design contract was $1,176,781. Amendments 1 through 5 increase the contract amount by $73,245 for a new all -in contract cost of $1,250,026. Adequate funding is available for the requested amendments. The following is the approved project budget: Professional: $250,000 Design: $1,500,000 Inspection/Testing/Survey: $1,630,000 Construction: $12,000,000 Right of Way Acquisition: $545,000 Contingency: $1,585,000 Total Budget: $17510,000 259 Click here to return to Agenda The Dune Palms Road Bridge Project has an approved budget of $17,510,000. The project is partially funded with Federal Surface Transportation Funds through the State's Highway Bridge Program. Federal funds will provide 88.53 percent (up to $15,501,603) of the total project costs. The Coachella Valley Association of Governments will fund 75 percent of the remaining 11.47 percent local share (up to $1,506,750). The City is responsible for the remaining 25 percent of the local share in the amount of $502,250. BACKGROL)ND/ANALYSTS In June 2014, the City Council approved a design contract with Bengal Engineering to provide professional engineering services to design an all weather bridge and replace the Dune Palms Road low water crossing at the Whitewater Channel (Attachment 3). The project is currently in the environmental and permitting phase. Bengal Engineering prepared a hydrology study describing the impacts to the Coachella Valley Stormwater Channel when the low water crossing is replaced with an all weather bridge. CVWD reviewed the hydrology study and submitted comments. Contract Amendments 4 and 5 allow Bengal Engineering to perform the work necessary to address CVWD's comments. ALTERNATIVES Since a CVWD encroachment permit will be required and the proposed bridge spans CVWD's right of way, no alternative is recommended. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Bengal Engineering PSA Amendment No. 4 2. Bengal Engineering PSA Amendment No. 5 3. Vicinity Map 260 Click here to return to Agenda ATTACHMENT 1 AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, Inc. This Amendment No. 4 to Professional Services Agreement with Bengal Engineering ("Amendment No. 4") is made and entered into as of the 9th day of June, 2016 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Bengal Engineering, Inc., a California corporation ("Consultant"). RECITALS WHEREAS, on or about July 1, 2014, the City and Consultant entered into a Professional Services Agreement to provide those services related to the Dune Palms Road Low Water Crossing Replacement at the Coachella Valley Storm Water Channel, Project No. 2011-05, Federal Project No. BRLKS-5433(014), as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference services for the City. The term of the Agreement expires on July 31, 2018; and WHEREAS, changes are indicated to the Contract Sum in the Professional Services Agreement; and WHEREAS, the City is utilizing Consultant for developing three (3) concept alternative arade control structures at Dune Palms Road: 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 1.0 is amended to read as follows: Section 1.1 — Scope of Services. For the services rendered pursuant to this Agreement for Fiscal Year 2015/2016, Consultant shall provide additional services outlined in Exhibit "A" attached hereto and made apart hereof. 2. Exhibit A — Scope of Services is amended as attached in Exhibit A. 3. Exhibit B — Deliverables and Budget is amended as attached in Exhibit B. 4. Exhibit C — Schedule of Performance, is hereby not affected by this Agreement Amendment In all other respects, the Original Agreement shall remain in effect. Rev.2-5-14 261 Click here to return to Agenda IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 4 to the Professional Services Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: Bengal Engineering, Inc. California Corporation e By: 14 - Name: Scott Onishuk, P.E. Title: Principal in Charge Rev.2-5-14 262 Click here to return to Agenda Exhibit A Scope of Services Rev.2-5-14 263 Click here to return to Agenda 29 April, 2016 Tim Jonasson, P.E., Public Works Director/City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Dune Palms Road Low -Water Crossing Replacement at Coachella Valley Water Channel City Project 2001-05; Federal Aid Project # BRLKS-5433(014) Additional Work Request #4: Concept Design: Three Alternative Grade Control Structures Dear Mr. Jonasson, This letter proposes a contract revision, "Additional Work Request #4" for your consideration. Attached please find: A. Additional Scope of Services, "Exhibit A", which details the additional scope of work requested by the City of La Quinta / CVWD B. Additional Work Request #4 Cost Proposal Tasks are included in "Additional Work Request #4": 1. Develop Three Concept Alternative Grade Control Structures at Dune Palms Road as requested by the City. Proposed costs for this Additional Work Request include: 1. Develop Three Concept Alternative Grade Control Structures $ 16,100 Total Additional Work Request total $16,100 We look forward to hearing from you, Scott Onishuk, PE Bengal Engineering, Inc. (805)563-0788 Page 1 250 Big Sur Drive Goleta, CA 93117 264 Click here to return to Agenda Dune Palms Low -Water Crossing (Replace): City Project 2011-05; Federal Aid Proj. # BRLKS-5433(014) Additional Work Request #4 29 April, 2016 Background The existing low-water crossing at Dune Palms Road was constructed when the CVWD channel was constructed through the area, affecting the existing County roadway system. The Dune Palms low-water crossing was built as part of the transportation network —as "a road" --in accordance with the understanding, budget, and engineering practice at the time. As funding became available, the low-water crossings at Adams and Jefferson were replaced with bridges, leaving Dune Palms Road as the final low-water crossing within this reach. Like the bridges at Adams and Jefferson Streets, removing and replacing the Dune Palms Low -Water Crossing with an all- weather bridge is the core of the federally -funding bridge project. As a consequence from the removal of the existing Dune Palms Road Low -Water Crossing to build the proposed bridge, the channel grades will likely adjust through the reach. This is because through no likely intention, the existing Dune Palms Road Low -Water Crossing is also serving as a non -engineered channel grade control structure. In order to avoid changes in channel grade resulting from the removal of the existing low-water crossing, the City requested that Bengal develop concepts to consider replacing the existing low-water crossing with an "engineered" grade control structure. This proposal addresses the requested task. Bengal Engineering, Inc. Page 2 265 Click here to return to Agenda Dune Palms Low -Water Crossing (Replace): City Project 2011-05; Federal Aid Proj. # BRLKS-5433(014) Additional Work Request #4 29 April, 2016 Additional Scope of Services, "Exhibit A": Task 1 Develop Three Concept Alternative Grade Control Structures at Dune Palms Road At the City's request, Bengal evaluated three options for grade control structures to replace the low- water crossing at Dune Palms Road. Scope of work: • Concept Design Analysis: 3 Alternative Grade Control Structures • Concept Plans: 3 Alternative Grade Control Structures • Cost Estimates: 3 Alternative Grade Control Structures While Bengal found that any three alternatives had the potential to stabilize the channel in accordance with CVWD's desires, implementing a grade control structure within the scope of the bridge project was infeasible because of complexity and cost. As a result of this study it became clear that changes to the CVWD channel are a larger regional issue to be address outside of the scope of the Dune Palms Road Bridge Project. Bengal Engineering, Inc. Page 3 266 Click here to return to Agenda M111ST1•j With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement in Fiscal Year 2015/2016 is Sixteen Thousand, One Hundred Dollars ($16,100.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant Bengal Engineering in conformance with Section 2.4 of the Agreement. The following represents the revised contract total of One Million, Two Hundred Thirty Thousand, One Hundred Twenty Six Dollars ($1,230,126.00) after the consideration of Amendments 1 through 4 . Previous Contract Amount through Contract Amendment No. -3- $ 1,214,026.00 Add this Amendment $ 16,100.00 Revised Contract Total $ 1,230,126.00 Rev.2-5-14 267 Click here to return to Agenda Dune Palms Road: AWR 4: Estimate for Concept Design of Three Alternative Grade Control Structures Bengal Engineering Project No.: 2011-05 250 Big Sur Drive Title: Concept Design: Replace Existing Low -Water Crossing with a Grade Control Structure '. ► Goleta, CA 93117 Client: City of La Quinta Prepared by: SO live= (805) 563-0788 Date: April 29, 2016 Billing Type: T&M MSA CONTRACT NO.: Item Descriptions HOURS LABOR COST SPEC. ! PROJECT Bridge /Hyd. STRUCT. CIVIL I TECH/ !GEOTECH! ENG CLERICAL CONSULT.; MANAGER ENG Design ENG DRAFTER ; ENG ;GEOLOGIST TOTAL HOURS 1. Develop Three Concept Alternative Grade Control Structures Concept design analysis (three alternatives) - Develop concept plans (three alternatives) --------------------------------------------------------------------- Cost estimates (three alternatives) ----------------------------------- - ---------------------------------------------------------------------------------------------------------------------------------- at - Dune Palms 4 Road 24 6 36 6 36 8 42 78 5540 9360 8 8 1200 TOTALS - 4 60 - 20 1 36 11 - 1 8 111 - - I - 1 1281 16100 Classification Rate/Hr. Expenses Units Unit Cost Billing Reimbursables Consultant Special Consultant 175.00 Factor Project Manager 150.00 1.15 Bridge / Hyd. Engineer 150.00 1.15 Senior Engineer 150.00 0 1.15 Structural Design 150.00 1.15 Civil Engineer 150.00 0 1.15 Engineering Geologist 150.00 0 1.15 Drafter/Technician 85.00 0 1.15 Geotech Engr 150.00 0 1.15 Eng. Geologist 150.00 0 1.15 Clerical 55.00 0 1.15 0 1.15 Average Rate: 125.78 Grand Total = $16,100.00 268 Click here to return to Agenda ATTACHMENT 2 AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, Inc. This Amendment No. 5 to Professional Services Agreement with Bengal Engineering ("Amendment No. 5") is made and entered into as of the 9th day of June, 2016 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Bengal Engineering, Inc., a California corporation ("Consultant"). RECITALS WHEREAS, on or about July 1, 2014, the City and Consultant entered into a Professional Services Agreement to provide those services related to the Dune Palms Road Low Water Crossing Replacement at the Coachella Valley Storm Water Channel, Project No. 2011-05, Federal Project No. BRLKS-5433(014), as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference services for the City. The term of the Agreement expires on July 31, 2018; and WHEREAS, changes are indicated to the Contract Sum in the Professional Services Agreement; and WHEREAS, the City is utilizing Consultant to provide additional hydrology and hydraulic study required by the Coachella Valley Water District (CVWD; 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 1.0 is amended to read as follows: Section 1.1 — Scope of Services. For the services rendered pursuant to this Agreement for Fiscal Year 2015/2016, Consultant shall provide additional services outlined in Exhibit "A" attached hereto and made apart hereof. 2. Exhibit A — Scope of Services is amended as attached in Exhibit A. 3. Exhibit B — Deliverables and Budget is amended as attached in Exhibit B. 4. Exhibit C — Schedule of Performance, is hereby not affected by this Agreement Amendment In all other respects, the Original Agreement shall remain in effect. Rev.2-5-14 269 Click here to return to Agenda IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 5 to the Professional Services Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: Bengal Engineering, Inc. California Corporation 11 OR ��� Name:Scott Onishuk. P.E. Title: Principal in Charge Rev.2-5-14 270 Click here to return to Agenda Exhibit A Scope of Services Rev.2-5-14 271 Click here to return to Agenda 28 April, 2016 Tim Jonasson, P.E., Public Works Director/City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Proposal for Hydraulic and Hydraulic Engineering: Coachella Valley Water Channel As part of Bengal's contract to design the Dune Palms Road Bridge, Bengal prepared a Hydrology and Hydraulic Study in accordance with the protocol for federally -funded Highway Bridge Projects. This study was reviewed by Caltrans, the agency responsible for project oversight, and found to be adequate for the bridge project. However because the project will be constructed within the Coachella Valley Water District (CVWD) channel, CVWD approval is also required to build the bridge. As part of this process, CVWD requested Bengal's Hydrology and Hydraulic study for their own review. CVWD's review has generated a request for the City to undertake additional study of the Coachella Valley Stormwater Channel. This study would further evaluate the effect of the removal of the Dune Palm Low -Water Crossing for CVWD's interest. Because such study is outside the scope of work for the bridge project, this proposal has been submitted as requested by the City, to undertake work requested by CVWD. Bengal Engineering, Inc. (805) 563-0788 Page 1 250 Big Sur Dr. Goleta, CA 93117 272 Click here to return to Agenda Proposal for Hydraulic and Hydraulic Engineering : Coachella Valley Water Channel 28 April, 2016 D�, Scope of Services, "Exhibit A": Task 1 Exhibit of Expected Channel Profile in the CVWD Channel: Jefferson to Washington Street Grade Control Structures As part of their review process, CVWD has requested evaluation of the expected channel profile for the reach from the Jefferson Street to Washington Street grade control structures and compare to the existing channel profile. The design team will per perform the following tasks: Deliverables: • Review of existing record drawings provided by CVWD to determine the configuration of the existing concrete channel lining within the reach. • Engineering Analysis: Review of hydraulic model: develop finished grades within reach • Develop Exhibits: Create Plan and profile of the CVWD Storm Water Channel for the condition after the Dune Palms low-water crossing is removed. Exhibits will be prepared which show: ■ the elevation of the existing channel grades ■ the elevation of the bottom of the existing concrete channel lining ■ the expected channel grades with the Dune Palms low-water crossing removed and the new bridge in place • Interaction with CVWD: Discussion with CVWD to discuss the exhibits. Bengal Engineering, Inc. Page 2 273 Click here to return to Agenda Proposal for Hydraulic and Hydraulic Engineering : Coachella Valley Water Channel 28 April, 2016 COMPENSATION City agrees to compensate Consultant for services as follows: Services Task # Description Fee 1 Exhibit of Expected Channel Profile in the CVWD Channel $19,900 Total Contract Amount $19,900 We look forward to hearing from you, Scott Onlshuk, PE Bengal Engineering, Inc. Page 3 274 Click here to return to Agenda M11110TI•j With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement in Fiscal Year 2015/2016 is Nineteen Thousand, Nine Hundred Dollars ($19,900.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant Bengal Engineering in conformance with Section 2.4 of the Agreement. The following represents the revised contract total of One Million, Two Hundred Fifty Thousand, Twenty Six Dollars ($1,250,026.00) after the consideration of Amendments 1 through 5. Previous Contract Amount through Contract Amendment No. -4- $ 1,230,126.00 Add this Amendment $ 19,900.00 Revised Contract Total $ 1,250,026.00 Rev.2-5-14 275 Click here to return to Agenda Estimate of Hydraulics Hrs to Prepare Exhibits for the Expected Channel Profile from Jefferson to Washington GCS Bengal Engineering Project No.: 2011-05 250 Big Sur Drive Title: CVWD Channel Exhibit i Goleta, CA 93117 . Client: City of La Quinta Prepared by: MD (805) 563-0788 Date: April 28, 2016 Billing Type: T&M HOURS SPEC PROJECT Bridge / Hyd. STRUCT. CIVIL TECH / �GEOTECH ENG CLERICAL TOTAL Item Descriptions LABOR CONSULT.: MANAGER ! ENG ! Design ! ENG DRAFTER ENG GEOLOGIST HOURS COST 1. Exhibits of Expected Channel Profile from Jefferson to Washington St Grade Control Structures Review of existing channel bank lining (CVWD provides dwgs) 4 16 20 ........ 10 50 ... 6550 Engineering analysis 4 12 ( 16 2400 - ---- Develop exhibits 4 8 10 30 52 5850 - ------------------------------- - - Interaction with CVWD budget figure) 16 18 - - 34 --- ------ 5100 Effort shown assumes no additional hydraulic modeling is r-equred. TOTALS - 28 46 - 38 1 30, - - 1 10 - - - I - 1 152 19900 Classification Rate/Hr. Expenses Units Unit Cost Billing Reimbursables Consultant peCla 'onsuItant 175.00 Factor Project Manager 150.00 1.15 Bridge / Hyd. Engineer 150.00 1.15 Senior Engineer 150.00 1.15 Structural Design 150.00 1.15 Civil Engineer 150.00 1.15 Engineering Geologist 150.00 1.15 Drafter/Technician 85.00 1.15 Geotech Engr 150.00 1.15 Eng. Geologist 150.00 Copies / Plots -Budget 1.15 Clerical 55.00 1.15 Mail -Budget 1.15 Average Rate: 130.92 Grand Total = $19,900.00 276 Click here to return to Agenda ATTACHMENT 3 Dune Palms Bridge Vicinity Map =kc 277 Click here to return to Agenda 278 Click here to return to Agenda CONSENT CALENDAR: 14 City of La Quinta CITY COUNCIL MEETING: STAFF REPORT AGENDA TITLE: APPROVE COMPLETION AND SETTLEMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND BOND SAFEGUARD INSURANCE COMPANY FOR TRACT 32068 LOCATED ALONG JEFFERSON BETWEEN AVENUE 50 AND 52 RECOMMENDATION Approve Completion and Settlement Agreement with Bond Safeguard Insurance Company to construct outstanding on -site improvements for Tract 32068. EXECUTIVE SUMMARY • Tract 32068, (in the Citrus, Attachment 1), was approved in September 2006. The developer did not complete some on -site improvements and filed for bankruptcy; staff transmitted a Notice of Default to Bond Safeguard Insurance Company (Safeguard) on March 2, 2015. The parties negotiated a settlement agreement wherein Safeguard will complete the outstanding improvements. FISCAL IMPACT — None BACKGROUND/ANALYSIS Tract Map 32068 was approved in 2006. The developer constructed most of the on -site improvements and received a conditional acceptance in 2010; the remaining improvements entailed completing a six-foot wall, curbs and gutter repairs, relocating street signs, and installing a stop sign. The developer subsequently went bankrupt and these improvements were never completed. The City sent a Notice of Default in March 2015 to Bond Safeguard Insurance Company compelling completion of these improvements. Staff and Safeguard subsequently negotiated the Completion and Settlement Agreement (Attachment 2). ALTERNATIVES Council may not approve the agreement; these improvements would not be constructed. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design & Development Director/City Engineer Attachments: 1. Vicinity map 2. Completion and Settlement Agreement 279 Click here to return to Agenda 280 Click here to return to Agenda ATTACHMENT 1 TRACT MAP NO. 32068 GOLD RESERVE z 0 .0 z 50th AVENUE PROJECT SITE AVENUE POMELO z 0 w w 54th AVENUE VICINITY MAP NOT TO SCALE 281 Click here to return to Agenda 282 ATTACH M ENT 2 COMPLETION AND SETTLEMENT AGREEMENT This Completion and Settlement Agreement ("Agreement") is made by and between the City of La Quinta (the "City") and Bond Safeguard Insurance Company ("Bond Safeguard") and is effective this _ day of May, 2016. RECITAIL S A. The City .and Pomelo Pacific, LLC ("Pomelo") entered into a certain .improvement agreement (".Improvement Agreement") in connection with a housing subdivision .commonly known as The Gold Reserve at the Citrus — Tract 32068 located in La Quinta, California (the "Subdivision"). The Improvement Agreement, among other things, required Pomelo to construct certain site improvements (collectively `.Public Improvements") on -the Project. B. The Improvement Agreement required Pomelo to provide a surety bond in .connection with the Public .Improvements. Pomelo procured subdivision bond No. 5024055 :in the penal sum of Four Hundred Ninety Nine Thousand Nine Hundred and Three Dollars ($499,903.00), which was issued by .Bond Safeguard, as surety, on behalf of Pomelo, as principal, and the -City, as obligee (the"Bond"). °C. The City has declared Pomelo in default of the Improvement Agreement alleging :that Pomelo has failed to complete certain Public Improvements. D. The City made a claim against the Bond for the completion of the Public Improvements. E. The City and Bond %Safeguard have worked together to prioritize the work remaining to be .completed and have agreed that Bond Safeguard shall complete the improvements set rtial .Initial 283 forth in Exhibit "A", -attached hereto and made a- part hereof as if set forth in full (hereinafter "Scope of Work") AGREEMENT NOW, THEREFORE, in consideration of the terms and conditions set forth in this Agreement, and for other good and valuable -consideration, the receipt and adequacy of which is , acknowledged, the City and Bond Safeguard agree as follows: 1. The above Recitals are incorporated herein. 2. Bond Safeguard's Obligation. Bond Safeguard shall complete the work as described and outlined in the Scope of Work (attached hereto as Exhibit "'A") by the Completion Date. 3. Completion Date. The'Scope of Work shall be completed on or before August 30, .2016 (the "Completion Date"). In the .event that the construction of the work is .interrupted or prevented 'by acts of God, acts of war or -rebellion, labor disturbances (other than those caused by Bond Safeguard or its contractor), acts of Government or governmental officers or any cause beyond the control of Bond Safeguard or its agents, including the Contractor, the dime for completion shall be extended by an amount of time equal to -the number of days of delay. 4. Contractor's Agreement, Bond Safeguard shall hire a contractor ("Contractor") to complete all items listed under the Scope of Work by the Completion Date. Prior to the beginning of construction of any of the work listed in the Scope of Work, .Bond Safeguard and the Contractor shall enter into a "Contractor's Agreement," which shall lay out the schedule that Bond Safeguard and its Contractor intend to follow. QInitial z 284 5. Insurance. Bond Safeguard and its Contractor shall add the City as an additional insured on any insurance the Contractor or Bond Safeguard may purchase in connection with the work contemplated under this Agreement. 6. Approval or Denial of Work Progress. Pursuant to the terms of this Agreement and the Contractor's Agreement, the Contractor will be submitting to the City lists of work items (a "Work List") at certain intervals. Each Work List will show the Contractor's calculation of the percentage of work completed for each portion of the Scope of Work as of the end of the period covered by that particular Work List. Within four (4) business days of receipt of one of the Contractor's Work Lists, the City shall inspect the Contractor's work covered by that particular Work List, and shall provide either _an Approval or Denial as follows: a. .Approval. In its sole discretion, the City may choose to issue a written approval of -the Contractor's Work List -to -the Contractor and Bond Safeguard, which approval shall .constitute .a -representation by the City to Bond Safeguard, based upon the City's inspection of the work, that to -the best of the City's knowledge, information and belief, the work has progressed to the point indicated in the Work List, and the quality of the work.is in accordance with the requirements of this Agreement .and Scope of Work (the "Approval"); or b. Denial. If in the City's opinion the representations to Bond Safeguard as stated in sub -paragraph (a), above cannot be made, the City will notify the contractor and Bond Safeguard in writing of its reasons for withholding approval of the Work List, in whole or in part (the "Denial"). i. At such -time as the contractor has corrected the reasons for the City's failure to approve the Work List, the Contractor shall notify the City and itial Initial 3 285 the City shall re -inspect the work within four (4) business days of receiving said notification. ii. Upon completion of said re -inspection, the City shall either issue its Approval or Denial in the manner set forth in subparagraphs (a) and (b), above. 7. City's Obligation. Within seven (7) days of providing the final Approval to Bond Safeguard and the Contractor, which shall signify the completion of the Scope of Work, the City shall: (1) deliver to Bond Safeguard a fully executed release in the form set forth in Exhibit "B"; and (2) file a stipulation of dismissal with prejudice as to Bond Safeguard, Lexon Insurance Company and Lexon Surety Group in the action styled Cite of La Quinta v. Pomelo Pacific, LLC, .et al., Superior Court State of California, County of Riverside, Case No. PSC 1502992. 8. Amendments. Routine day-to-day operations and decisions as to the manner of performance of -the Scope of Work will be made by the Contractor' hired by -Bond Safeguard. It is acknowledged that no .contractual relationship exists between the completing contractor and the City with -regard to the work. In this -regard, Bond Safeguard and -the City understand and agree that any change orders or directions from the City that would have the effect of: (1) increasing the cost of performance; (2) increasing the Contract requirements; or (3) changing the scope or -manner of performance, shall not be allowed or be binding on the completing contractor or Bond Safeguard unless the direction is in writing and signed by an officer of the City with sufficient authority and agreed to by Bond Safeguard. 9. .Bond Safeguard's Liability. Notwithstanding anything herein to the contrary, the parties agree that the liability of Bond Safeguard, as surety, under -the aforesaid Bonds is limited to the penal sum of Four Hundred Ninety Nine Thousand Nine Hundred and Three Dollars 03.00), and nothing in -this Agreement constitutes a waiver of such penal sum or an T Initial 4 286 increase of Bond Safeguard's liability or responsibilities under the aforesaid Bonds. All payments made by Bond Safeguard to a contractor hired by Bond Safeguard to complete the .Scope of Work as provided for in this Agreement regarding the improvements covered by the Bond on the Project shall serve to reduce the penal sum of the Bonds and Bond Safeguard's liability thereunder, provided the City gave the requisite Approval for the underlying work as laid out in Section :5 of this Agreement. 10, This Agreement contains the entire understanding and agreement of the Parties. All oral or written agreements prior to the effective date of this Agreement and which relate to this Agreement and the matters set forth herein are declared null and void. Any modification of this Agreement must be made in writing and executed by the Parties. 1.1. Any notice required to be made under the -terms of this Agreement shall be deemed made if either party mails such notice by first class mail, postage prepaid, as follows: As to the City of La Quinta City of La Quinta '78-495 Calle Tampico I;a Quinta, CA 92253 Attn: City Manager Tel.: (760) 777-7000 with a copy to Attorney: Rutan & Tucker, LLP 61-1 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: City Attorney Bill Mike Tel.: (714) 641-5100 Fax: (714) 546-903 5 As -to Bond Safeguard: Jeremy T. Sentman, PE PLS CFM Surety Management Company, LLC 900 South Frontage Road Suite 250 rtial Initial W 287 Woodridge, Illinois 60517 Tel.: (630) 495-9380 Fax: (630) 495-9272 with a copy to Attorney: Gavin M. Lankford, Esq. .Harris Beach PLLC 99 Garnsey Road Pittsford, NY 14534 Tel: (585) 419-8662 Fax: (585) 419-8812 12. It is understood and agreed by Bond Safeguard and the City that this Agreement shall be construed without any regard to any :presumption or other rule requiring construction against the party drafting -this Agreement. 13. This Agreement may be executed in counterparts. Signatures transmitted by -facsimile ore mail shall have -the same legal effect as original signatures. 14. The Parties agree that no third party shall have any -rights under this Agreement. Nothing herein shall be considered -to waive any rights or claims that the City or Bond Safeguard may have againstPomelo. -1.5. This Agreement shall be governed by the laws of the State of California. [The remainder of this page is intentionally blank]. i 1 -Initial G 288 IN WITNESS WHEREOF, the parties have executed this Agreement. this day of .2016. CITY OF LA QUINTA, a California municipal corporation By: [Frank J. Spevacek, City Manager] BOND SAFEGUARD INSURANCE COMPANY B [insert p rson] ATTEST: .By: Its Clerk ATTEST: By: K--LC� Its (insert) C:�'2 '-ti c,t ARP-s� 5 t.-t Cti A� S I@ Initial 7 289 March .2016 -EXHIBIT A Bond-5024055 The Gold Reserve at the Citrus -Tract 32068 _Scope of Work Construct 6 foot CM Wall at Lots 8, 9 and A. Repair cracks in curb and gutter for -the entire project. Fill holes in bituminous pavement where temporary fencing was installed. Relocate existing street sign. • Remove and Replace approximately 20 If of concrete curb as mutually agreed to with the City of La Quinta. Submit as -built drawings to the City of La Quinta. Provide chemical stabilization at lots 1, 7, 8 and 9. Install stop sign. Paint.stop bar per plan. Install dust sign. 290 Click here to return to Agenda CONSENT CALENDAR: 15 City of La Quinto CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND ADVERTISE FOR BIDS THE PAVEMENT MANAGEMENT PLAN IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE RECOMMENDATION Approve plans, specifications, and engineer's estimate, and authorize staff to advertise for Pavement Management Plan Improvements project bids on Avenida Bermudas and Eisenhower Drive. EXECUTIVE SUMMARY • The first phase of the 2016/17 Pavement Management Plan (PMP) is Avenida Bermudas from Calle Tampico to Calle Tecate, and Eisenhower Drive from Washington Street to Avenida Fernando (Attachment 1). • The project will slurry over 780,000 square feet of pavement and re -stripe Avenida Bermudas in accordance with the approved "road diet" cross-section. FISCAL IMPACT The 2016/17 Capital Improvement Program (CIP) designates $1,000,000 of General Fund revenue plus an anticipated carryover $518,000 from prior fiscal years. The following is the total PMP project budget and the anticipated budget for Phase 1 improvements: Project Total Phase 1 Professional: $ 75,795 $ 27,125 Design: $ 104,545 $ 35,000 Inspection/Testing/Survey: $ 101,932 $ 34,125 Construction: $1,045,455 $350,000 City Administration: $ 52,273 $ 17,500 Contingency: $ 138,000 $ 45,745 Total Budget: $17518,000 $5107125 The engineer's estimate is $350,000, however, this cost is based upon improvement plans that are 65 percent complete. 291 Click here to return to Agenda BACKGROUND/ANALYSIS The 2016/17 PMP recommends re -striping major and primary arterial roads citywide as well as digging out, crack sealing, slurry sealing, grinding and/or overlaying selected segments of Avenida Bermudas, Eisenhower Drive, and the Desert Club Estates neighborhood east of City Hall. The Avenida Bermudas project also includes narrowing lane striping on Avenida Bermudas to reduce vehicle speed while adding parking and bicycle/golf cart lanes. While the plans are in final design, staff is requesting bidding this project with plans at this level so that a bid may be awarded prior to the City Council recess in August and September. Contingent upon Council's approval to advertise the project for bid on July 5, 2016, the following is the project schedule: Council Bid Authorization Bid Period Council Considers Project Award Execute Contract and Mobilize Construction (30 Working Days) Accept Improvements ALTERNATIVES July 5, 2016 July 5, 2016 to July 28, 2016 August 2, 2016 August 3 to August 29, 2016 August/September 2016 October 2016 Since it is best to complete this work during summer months when it is less disruptive to motorists and residents, staff does not recommend an alternative. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 292 Click here to return to Agenda ATTACHMENT 1 PMP PHASE 1 Vicinity Map .t PROJECT LOCATION ` PGhq�} �;- r CABRILLO WAY' 11 �4 LS - 04 SAN TIMOTEC ST-I I n �22 t - AVENIDA PP'RNAN LOS ARBO1. Eg. L L E t.1 iL AN . nH t,/S TA 9(7N,%P PROJECT LOCATION O m � a 6 � ti ¢ w w z PLu-- ; a Q _C E = O z o °0 0 0 z c a a a Y i w aj Ik—I ¢ a z CALLE ENSENADA d CALLENOGALES O , i v I� EMI Ltl�j 5 z Q � J a�Ii c u a > a z c� ❑ r � d 4' ~ N o ¢ S y ? IX I� L ❑ a Q � � W I, ❑ I 4LE AR{}q@A z ¢ y�ljjLl I CALLE CNILLON � 'I- c S w I 3 I O GALLL MAORID = z i j CALLE TEMECULA C I ;3 i' z CALLE POTRERO a CALLE TECATE m,f1h Mp L00/p--, SAGEBRUSH AV' ,.A,GUARO Ri7I, AVENUE 5: '•+. } BRIARWOOO f 570NEGATE '13 G As1 LE f>IM�s DR OYOTE CRFFK '�' 1 I --- - MANDARINA r-tm o 4 'OROhJq d. _ a CALLE TAMPICO JI I Intl E - L. o AVM.-- U r All kIDA NWESTRA PINA - +`v�,CE 7RfArO. 8F LIMA N.T.B. t'C 4 293 Click here to return to Agenda 294 Click here to return to Agenda CONSENT CALENDAR; 16 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLES ADOPT A RESOLUTION FOR ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING BONDS RECOMMENDATION Adopt a Resolution authorizing the issuance of Subordinate Tax Allocation Refunding Bonds by the Successor Agency to the La Quinta Redevelopment Agency in the approximate amount of $35,280,000, 2016 Series A Bonds, and authorizing certain actions in connection therewith. EXECUTIVE SUMMARY • In 2011, the La Quinta Redevelopment Agency issued $6,000,000 of Tax Allocation Bonds of which $5,850,000 are currently outstanding and the La Quinta Financing Authority issued $28,850,000 Taxable Revenue Bonds of which $27,225,000 are currently outstanding (together the "2011 Bonds"). • Current bond interest rates are at historically low levels and refinancing the 2011 Bonds will reduce annual bond payments, allowing additional property tax revenue distribution to the City and taxing agencies. • The Successor Agency has approximately $2.3 million of unspent 2011 Bond proceeds on deposit with the Trustee, which will be used to pay down the principal amount of the 2016 Bonds. • The 2011 Bonds are not subject to optional call and redemption until September 1, 2020 so the bond proceeds will be deposited in an escrow fund held by an escrow bank, and used to pay regularly scheduled principal and interest payments on the 2011 Bonds until September 1, 2020 (an advanced refunding). • Refinancing the 2011 Bonds will require State Department of Finance approval, which may take up to 60 days. FISCAL IMPACT Lower bond interest costs with yield lower annual debt service savings of approximately $614,000 or $12.82 million over the twenty-three year term of these bonds. BACKGROUND/ANALYSIS Starting in 1985, the La Quinta Redevelopment Agency (RDA) issued tax allocation bonds to raise capital for infrastructure, public facility, economic development, and affordable 295 Click here to return to Agenda housing investment. Bond debt service payments are funded by property tax revenue. When the RDA was eliminated in February 2012, the Successor Agency assumed the responsibility to ensure that bond debt service payments are made. These payments are classified as enforceable obligations and are tracked on the Recognized Obligation Payment Schedule (ROPS). The Successor Agency may refinance outstanding bonds and other obligations of the RDA. The City's financial advisors determined that today's lower bond interest rates would yield cost savings; all bond refinancing must be first approved by the Oversight Board and the DOF. In December 2013, the Successor Agency issued $97,190,000 2013 Series A and $23,055,000 2013 Taxable Series B refinancing bonds. These bonds refinanced the former RDA's 1998 PA 1 Bonds, 1998 PA 2 Bonds, 2001 Bonds, 2002 Bonds and 2003 Bonds. The 2013 refunding bond program resulted in annual debt service savings of more than $555,000 per year with an overall savings of $10,650,000. In July 2014, the Successor Agency again successfully refinanced $65,600,000 of additional former RDA bonds resulting in annual debt service savings of more than $680,000 per year with an overall savings of $13,700,000. In the current bond market, an opportunity exists to further reduce annual debt service by refinancing the 2011 Bonds. Interest rates for the 2016 refunding bonds are estimated at 3% to 5% with yield potentials 0.50% to 4.50%, on a taxable basis. The 2011 Bonds have interest rates ranging from 5.375% to 8.15% on a taxable basis. By refinancing bonds, debt service payments will be reduced by $12.8 million over 23 years This would free property tax revenue for distribution to other taxing agencies and the City, with approximately $8 million to schools districts, $2.8 million to Riverside County, $922,000 to the Coachella Valley Water District, $634,000 to the City, and $225,000 to parks and recreation over the 23 year period. ALTERNATIVES As refinancing would result in an annual savings on bond debt service, staff does not have an alternative. Prepared by: Gilbert Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager Attachments: 1. Summary of 2016 Refinancing 296 Click here to return to Agenda RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING BONDS, AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the La Quinta Redevelopment Agency (the "Prior Agency") was a public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers under and pursuant to the provisions of the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) (the "Law"), and the powers of the La Quinta Redevelopment Agency included the power to issue Bonds for any of its corporate purposes; and WHEREAS, a Redevelopment Plan for a redevelopment project known and designated as the "La Quinta Redevelopment Project Area No. 1" has been adopted and approved by Ordinance No. 43 of the City of La Quinta on November 29, 1983, and all requirements of the Law for and precedent to the adoption and approval of the Project Area No. 1 Redevelopment Plan, as amended, have been duly complied with; and WHEREAS, a Redevelopment Plan for a redevelopment project known and designated as the "La Quinta Redevelopment Project Area No. 2" has been adopted and approved by Ordinance No. 139 of the City of La Quinta on May 16, 1989, and all requirements of the Law for and precedent to the adoption and approval of the Project Area No. 2 Redevelopment Plan, as amended, have been duly complied with; and WHEREAS, the Prior Agency has previously issued $6,000,000 La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 2 Subordinate Taxable Tax Allocation Bonds, Series 2011 (the "2011 Project Area No. 2 Taxable Bonds"); and WHEREAS, the Authority on behalf of the Prior Agency has previously issued $28,850,000 La Quinta Financing Authority, Local Agency Subordinate Taxable Revenue Bonds, 2011 Series A (the "2011 Taxable Housing Bonds") and loaned the proceeds to the Prior Agency pursuant to the terms of a loan agreement dated February 3, 2004 and a Second Supplemental Indenture, dated as of March 1, 2011 (the "2011 Loan Obligation"); and WHEREAS, Assembly Bill AB X1 26, effective June 29, 2011, together with Assembly Bill 1484 ("AB 1484") (collectively, the "Dissolution Act") resulted in the La Quinta Redevelopment Agency being dissolved as of February 1, 2012; and 297 Click here to return to Agenda Resolution No. 2016- The Issuance And Sale Of Subordinate Tax Allocation Refunding Bonds Adopted: July 5„ 2016 Page 2 of 4 WHEREAS, the authority, rights, powers, assets, duties and obligations of the Prior Agency were transferred on February 1, 2012 to the Successor Agency; and WHEREAS, AB1484 specifically authorizes the issuance of refunding bonds by the Successor Agency to refund the bonds or other indebtedness of the Prior Agency to provide savings to the Successor Agency, provided that (A) the total interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds shall not exceed the total remaining interest cost to maturity on the bonds to be refunded plus the remaining principal of the bonds to be refunded, and (B) the principal amount of the refunding bonds shall not exceed the amount required to defease the refunded bonds, to establish customary debt service reserves, and to pay related costs of issuance; and WHEREAS, the Successor Agency of the La Quinta Redevelopment Agency (the "Successor Agency") has determined that it is cost effective and efficient to refund and defease, in their entirety, the 2011 Project Area No. 2 Taxable Bonds and the 2011 Loan Obligation, (collectively, the "Refunded Bonds") on a subordinate basis to the $65,600,000 Successor Agency to the La Quinta Redevelopment Agency, La Quinta Redevelopment Project Areas No. 1 and 2, Tax Allocation Refunding Bonds, 2014 Series A (the "2014 Bonds or the "Senior Bonds") and on a parity basis with the $97,190,000 Successor Agency to the La Quinta Redevelopment Agency La Quinta Redevelopment Project Areas No. 1 and 2, Subordinate Tax Allocation Refunding Bonds, 2013 Series A (the "2013 Series A Bonds") and the $23,055,000 Successor Agency to the La Quinta Redevelopment Agency, La Quinta Redevelopment Project Areas No. 1 and 2, Subordinate Tax Allocation Refunding Bonds, 2013 Taxable Series B (the "2013 Series B Bonds") (collectively, the "2013 Series A Bonds and the 2013 Series B Bonds, the "2013 Bonds" or the "Parity Bonds"); and WHEREAS, the Successor Agency deems it necessary and proper to issue taxable tax allocation refunding bonds to refund and defease the Refunded Bonds; and WHEREAS, for the corporate purposes of the Successor Agency, the Successor Agency deems it necessary to issue at this time tax allocation refunding bonds in a principal amount of not to exceed Thirty -Nine million dollars ($39,000,000) (the "Bonds"), and to irrevocably set aside a portion of the proceeds of such Bonds in a separate segregated trust fund which will be used to refund the outstanding Refunded Bonds of the Prior Agency, to pay costs in connection with the issuance of the Bonds, and to make certain other deposits as required by the Indenture (defined herein); and WHEREAS, in order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof and interest and redemption premium (if any) thereon, the Successor Agency wishes to approve 298 Click here to return to Agenda Resolution No. 2016- The Issuance And Sale Of Subordinate Tax Allocation Refunding Bonds Adopted: July 5„ 2016 Page 3 of 4 the issuance of the Bonds and authorize the execution and delivery of the Second Supplemental Indenture of Trust; and WHEREAS, pursuant to Section 34179 of the Law, an oversight board (the "Oversight Board") has been established for the Successor Agency and the Successor Agency has requested that the Oversight Board approve the issuance of the Bonds by the Successor Agency, as authorized by Section 34177.5(f) of the Law; and WHEREAS, the Successor Agency hereby certifies that all acts and proceedings required by law necessary to make the Bonds, when executed by the Successor Agency, and authenticated and delivered by the Trustee, the valid, binding and legal special obligations of the Successor Agency, and to constitute the Indenture a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done or taken. WHEREAS, the City Council of the City of La Quinta wishes at this time to approve all matters relating to the issuance and sale of the Bonds; NOW, THEREFORE, BE IT RESOLVED, by the City Council as follows: SECTION 1. The issuance of the Bonds in the aggregate principal amount of not to exceed Thirty -Nine million dollars ($39,000,000) on the terms and conditions set forth is hereby authorized and approved. The Bonds will be dated, will bear interest at the rates, will mature on the dates, will be issued in the form, will be subject to redemption, and will be as otherwise provided in the applicable Indenture, as the some will be completed as provided in this Resolution. The proceeds of the sale of the Bonds shall be applied as provided in the Indenture. SECTION 2. The Mayor, Mayor Pro Tem and the City Manager, and any other proper officer of the City, acting singly, be and each of them hereby is authorized and directed to execute and deliver any and all documents and instruments, relating to the Bonds, and each series thereof, and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by the Indenture, the First Supplemental Indenture, the Second Supplemental Indenture, the Bond Purchase Contract, the Official Statement, the Continuing Disclosure Agreement, the Escrow Agreement, this Resolution and any such agreements, all as defined in Resolution No. SA 2016-003. SECTION 3. This Resolution shall take effect immediately upon its adoption. 299 Click here to return to Agenda Resolution No. 2016- The Issuance And Sale Of Subordinate Tax Allocation Refunding Bonds Adopted: July 5„ 2016 Page 4 of 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5T" day of July 2016, by the following vote: r_Vj*q NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta (CITY SEAL) APPROVED AS TO FORM: WILLIAM IHRKE, City Attorney City of La Quinta, California 300 Click here to return to Agenda ATTACHMENT 1 Summary of 2016 Refinancing Successor Agency to the La Quinta Redevelopment Agency/La Quinta Oversight Board In December, 2013, the Successor Agency completed the refinancing of its 1998, 2001, 2002 and 2003 Tax Allocation financings issued by the former Redevelopment Agency. Issued in a tax-exempt and a taxable series, this refinancing program resulted in annual debt service savings in excess of $555,000 and overall savings of more than $10,650,000 over the remaining life of the refinanced Bonds. In July, 2014, the Successor Agency completed the refinancing of its 2014 Tax Allocation financing issue by the Financing Authority. Issued in a tax-exempt series, this refinancing resulted in annual debt service savings in excess of $680,000 and overall savings of more than $13,700,000 over the remaining life of the refinanced Bonds. These debt service savings result in excess revenues to various taxing agencies as well as increased residual revenues to the City. There is now an opportunity to refinance the Agency's last two financings issued prior to redevelopment dissolution, for economic savings. The financings consist of $6,000,000 La Quinta Redevelopment Project Area No. 2, Subordinate Taxable Tax Allocation Bonds, Series 2011 of which $5,850,000 are currently outstanding and $28,850,000 Local Agency Subordinate Taxable Revenue Bonds, 2011 Series A of which $27,225,000 are currently outstanding. These Bonds were issued just prior to dissolution in June, 2011 and carry extremely high interest rates ranging from 5.375% to 8.15% on a taxable basis. Following the issuance of the 2016 Bonds, the Agency would have its final debt in place and is expected to be as follows: Project Areas 1 and 2 2013 Tax Exempt Bonds $ 97,190,000 $ 89,095,000 2033 3.00% to 5.00% 2013 Taxable Bonds 23,055,000 21,010,000 2032 0.76%to 5.82% 2014 Tax Exempt Bonds 65,600,000 63,875,000 2034 2.00% to 5.00% 2016 Taxable Bonds * 35,280,000 35,280,000 2039 1.50% - 4.50% * 2016Taxable Bonds assumptions are all estimates. Savings Analysis Hilllt+opSecurikies 2533 S. Coast Highway 101, Suite 250 • Cardiff By The Sea, CA 92007 • www.hilltopsecurities.com A Hilltop Holdings Company 301 Click here to return to Agenda The 2011 Bonds to be refinanced will be payable on the same dates (March 1 and September 1) and will mature on their regularly scheduled date without extension (September 1, 2039). Refunding numbers on the 2011 Bonds show that based on current interest rates and yields, the Successor Agency can achieve annual debt service savings of approximately $614,000 from 2017 through 2035 and $285,000 from 2036 through 2039 with overall savings of $12,822,000 over the remaining life of the 2011 Bonds. At this time, the refunding of the 2011 Bonds results in present value savings of about 16.25%. The overall estimated savings are after ALL costs associated with the financing have been paid. The following sets forth the detailed annual savings: 9/1/2017 $ 18,217,372.76 9/ 1/ 2018 18, 213, 679.00 9/1/2019 18,220,271.50 9/ 1/ 2020 18,218,892.76 9/1/2021 18,226,867.76 9/ 1/ 202 2 18,220,804.00 9/1/2023 18,214,156.00 9/ 1/ 2024 18, 214, 888.00 9/ 1/ 2025 18, 213, 618.00 9/ 1/2026 18, 217,494.00 9/ 1/ 202 7 18, 219, 6 24.00 9/ 1/ 2028 18,212,696.50 9/ 1/ 20 29 18, 209, 5 94.00 9/ 1/ 203 0 18, 218, 3 24.00 9/ 1/ 2031 18, 216, 85 3.00 9/ 1/ 203 2 18,217,267.00 9/1/2033 8,858,778.50 9/1/2034 8,895,858.50 9/1/2035 3,625,136.50 9/1/2036 933,397.00 9/1/2037 936,007.50 9/1/2038 935,697.50 9/1/2039 335,497.50 N 17,602,829.90 17,599,194.26 17,604,211.76 17,604,204.26 17,614,554.26 17,607,116.76 17,602,348.76 17,602,049.50 17,597,104.50 17,603,140.50 17,608,850.50 17,597,865.50 17,594,748.00 17,603,188.00 17,603,327.00 17,605,641.00 8,243,060.00 8,284,310.00 3,007,675.00 646,675.00 646,250.00 644,700.00 47,025.00 N 614,542.86 614,484.74 616,059.74 614,688.50 612,313.50 613,687.24 611,807.24 612,838.50 616,513.50 614,353.50 610,773.50 614,831.00 614,846.00 615,136.00 613,526.00 611,626.00 615,718.50 611,548.50 617,461.50 286,722.00 289,757.50 290,997.50 288,472.50 Since the reduced debt service after refunding will reduce the amount of property taxes deposited in the Redevelopment Property Tax Trust Fund required to be paid to the Successor Agency, there will be additional "residual" property tax that can be distributed to taxing agencies that overlap the boundaries of the Redevelopment Project Areas in accordance with their share of the general property tax levy shown below. The City may be able to use up to 50% of the additional residual HilltopSecurikies 2533 S. Coast Highway 101, Suite 250 • Cardiff By The Sea, CA 92007 • www.hilltopsecurities.com A Hilltop Holdings Company 302 Click here to return to Agenda generated by the refunding first to repay certain City advances to the former Agency, and if so, the taxing agencies will receive their percentage of the remaining residual after such payment estimated as follows. • School Districts: 62.50% • Riverside County: 22.18% • Water District: 7.21% • City of La Quinta: 5.29% • Recreation and Parks: 2.82% The following table sets forth the estimated Costs associated with the 2016 financing. Underwriter's discount estimated at 0.750%, costs of issuance estimated at 0.60%, bond insurance estimated at 0.31% and a debt service reserve surety bond fee of 0.14% for all in costs of 1.80% which is in line with the percentage of costs associated with the refunding programs. As previously mentioned, the savings discussed above are after all costs of issuance associated with the financing. Rutan &Tucker, Bond Counsel Strad IingYocca Carlson & Rauth, Disclosure Counsel Harrell & Company, Financial Advisor Standard & Poor's Ratings Group, Rating Services Grant Thornton, Verification Consultant US Bank National Association, Trustee and Escrow Bank Avia Communications, Financial Printing Miscellaneous Subtotal Costs of Issuance Underwriter's Discount Bond Insurance Provider Total Costs of Issuance $ 75, 000.00 42, 000.00 40,000.00 30,000.00 2,500.00 4,500.00 2,500.00 3,500.00 $ 200,000.00 264, 600.00 171, 635.00 636, 235.00 The Financing Team expects the Bonds to be rated "A+" by Standard and Poor's. Purchasing insurance will bring the bond rating up to "AA" although based on the current market, insurance will not be necessary for all maturities. The increase in rating should offset the insurance premium through reduced interest rates and yields on the refunding bonds. The Financing Team will prepare a stress test at the time the refunding bonds are marketed to determine the actual savings generated by using bond insurance. If the insurance premium isn't justified by savings, bond insurance will not be utilized. Hillt+op5ecurikies 2533 S. Coast Highway 101, Suite 250 • Cardiff By The Sea, CA 92007 • www.hilltopsecurities.com A Hilltop Holdings Company 303 Click here to return to Agenda The Prior Agency's Bonds all carry a reserve fund surety bond in lieu of cash for the reserve funds. Using cash at this point would greatly increase the amount of refunding bonds required to be issued in order to cash fund the new reserve funds. The use of a reserve fund surety bond will be required in order to achieve the reported savings. Underwriter's Discount will be based in part on the rating of the refunding bonds. If bond insurance is utilized the underwriter's discount would be reduced over a standalone rating only. This is predominately due to the amount of takedown (commission) necessary to pay salespeople to sell the bonds. The higher the rating, the less takedown required. Cash Contributions As part of the 2016 Bonds refunding program, the Financing Team has included approximately $2,800,000 of unspent proceeds remaining with US Bank as Trustee for the Project Area No. 2 2011 Bonds, initially issued in the amount of $6,000,000. These moneys have been designated by DOF as available for two purposes: 1) purchasing Agency bonds on the open market or 2) reducing bonded debt amounts in a refinancing. Over the past 24 months, there has been less than $100,000 of these PA 2 Bonds available on the open market (bonds being offered for sale to the general public). It has therefore been determined that the best use of these moneys is in the refinancing process. The unspent proceeds will be transferred to the Escrow Bank and deposited in the Project No. 2 refunding escrow which in turn reduces the amount of bonds necessary to be issued for said refunding. In addition, certain cash reserves are currently on deposit with the 2011 Bonds Trustee. These moneys have also been used to reduce the principal amount of bonds necessary to be issued for the refunding. As previously discussed, the Agency will purchase a reserve surety policy to satisfy its debt service reserve requirements. 2011 Bonds Escrow Accounts Proceeds from the financing will be held in an escrow that will pay regularly scheduled principal and interest on the prior 2011 Bonds until their first optional call date of September 1, 2020. The escrow fund will also hold funds to redeem all remaining maturities on September 1, 2020. The proceeds held in the escrow will be invested in either State and Local Government Securities or Open Market Securities, whichever are more efficient. The prior 2011 Bonds will be considered fully defeased on the date the 2016 Bonds are issued. Conclusion There is no way of knowing if the municipal market will maintain current interest rates and yields long enough for the Successor Agency to complete the approval and DOF review process estimated to require 60 to 75 days. We believe your Financing Team should be able to steer the refinancing thru the approval process at little or no cost to the Successor Agency, should the refunding bonds not be economically feasible following the approval and review process. In addition, prior to the issuance of refunding bonds, the Financing Team will return to the Successor Agency Board for the Hillt+op5ecurikies 2533 S. Coast Highway 101, Suite 250 • Cardiff By The Sea, CA 92007 • www.hilltopsecurities.com A Hilltop Holdings Company 304 Click here to return to Agenda approval of a substantially final Preliminary Official Statement and to provide an update of refunding numbers and financing costs at that time. Timeline The following is a general timeline for the proposed refinancing. This schedule will be updated based on DOF approval actions and market conditions. Successor Agency Board adopts Resolution approving Financing Documents Oversight Board adopts Resolution approving Financing Documents Submit Revised OB Resolution and Documents to DOF DOF Approval of Financing Submit Documents to Rating Agency/Insurer Receive Rating/Insurance Successor Agency Board adopts Resolution deeming Preliminary Official Statement Substantially Final Bond Sale - Successor Agency signs Purchase Contract Bond Closing May 3 May 4 July 5 July 6 July 27 August 2 August 24 September 14 Hillt©pSecurikies 2533 S. Coast Highway 101, Suite 250 • Cardiff By The Sea, CA 92007 • www.hilltopsecurities.com A Hilltop Holdings Company 305 Click here to return to Agenda 306 Click here to return to Agenda CONSENT CALENDAR 17 City of La Quinta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE° ADOPT A RESOLUTION APPROVING A BOND EXPENDITURE AGREEMENT WITH THE CITY OF LA QUINTA, THE LA QUINTA HOUSING AUTHORITY, AND THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY TO FACILITATE THE EXPENDITURE OF EXCESS BOND PROCEEDS RECOMMENDATION Adopt a Resolution approving a Bond Expenditure Agreement by and between the City of La Quinta, the La Quinta Housing Authority, and the Successor Agency to the La Quinta Redevelopment Agency. EXECUTIVE SUMMARY • The Successor Agency to the La Quinta Redevelopment Agency (Successor Agency) received its finding of completion from the California Department of Finance (DOF) on November 6, 2013. • The Dissolution Act allows a Successor Agency that has received a finding of completion to enter into agreements with City or Housing Authority as appropriate to expend excess bond proceeds in a manner consistent with the original bond covenants. • The Oversight Board is required to approve the expenditure agreement prior to submitting to DOF for final approval. • The expenditure agreement will be included as an enforceable obligation on Recognized Obligation Payments Schedule (ROPS) 2017/18 and will enable the Successor Agency to proceed with its submittal of a last and final ROP's. FISCAL IMPAC Approval of this agreement will facilitate the expenditure of bond proceeds for their originally intended purpose. BACKGROUND/ANALYSIS The Successor Agency received its finding of completion from DOF on November 6, 2013. In September of 2015 Senate Bill 107 was enacted that allows for the expenditure of 100% of 2011 Housing Bond Proceeds and a portion of the 2011 Non -Housing Bond Proceeds. The Dissolution Act allows Successor Agencies that received a finding of 307 Click here to return to Agenda completion to enter into bond proceeds agreements to expend excess proceeds in a manner consistent with the original bond covenants, advancing the City's community development goals and the Housing Authority's affordable housing goals, while maximizing fiscal and social benefits to taxing entities from successful development. Housing Bond Proceeds totaling $27,761,073 would be transferred to the Housing Authority as follows: • Project Areas No. 1 and 2 Refunding Bonds, 2014 Series A (used for refinancing 2004 Tax Allocation Housing Bonds) in the approximate amount of $2,200,000 • La Quinta Financing Authority Local Agency Subordinate Taxable Revenue Bonds, 2011 Series A (2011 Housing Bonds) in the amount of $25,561,073.51 Non -Housing Bond Proceeds totaling $6,696,805 would be transferred to the City as follows: • Project Areas No. 1 and 2 Refunding Bonds, 2013 Series A (used for refinancing 2002 Tax Allocation Bonds) in the amount of $6,575,791.87 • La Quinta Redevelopment Agency Project Area No. 2 Subordinate Taxable Tax Allocation Bonds, Series 2011 (2011 Non -Housing Bonds). Currently 5% of the $2,420,268.52 in proceeds or $121,014.33 may be expended. This percentage could increase by $500,000 after DOF reviews and approves the Successor Agency's Last and Final ROPS. The Housing Authority and City respectively have the responsibility to spend the proceeds consistent with the bond covenants and on projects identified within a bond spending plan. Currently the Washington Street Apartments Projects is identified as a housing project and the construction of Silverrock Way is a non -housing project. Both the City and Housing Authority can amend their respective spending plan as deemed necessary and at their sole discretion provided the expenditures remain consistent with the applicable bond covenants. Approving this agreement will facilitate the expenditure of excess bond proceeds for their originally intended purpose and enable a submittal of a Last and Final ROP's to the Department of Finance. ALTERNATIVES No alternatives are recommended. Prepared by: Gil Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager Attachments: 1. Bond Expenditure Agreement 308 Click here to return to Agenda RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING A BOND EXPENDITURE AGREEMENT WHEREAS, the Successor Agency to the La Quinta Redevelopment Agency (Successor Agency) received its Finding of Completion under Health and Safety Code Section 34179.7 from the California Department of Finance on November 6, 2013; and WHEREAS, Health and Safety Code Section 34191.4(c) allows a successor agency that has received a finding of completion to use bond proceeds from "non -housing" bonds issued prior to 2011, and a prescribed percentage of "non -housing" bond proceeds for bonds issued between January 1, 2011 and June 28, 2011, for purposes for which the bonds were sold, provided that such proceeds in excess of amounts needed to satisfy approved enforceable obligations shall be expended in a manner consistent with the original bond covenants, and further provides that such expenditures shall constitute "excess bond proceeds obligations" that shall be listed separately on the successor agency's Recognized Obligation Payment Schedule ("ROPS"); and WHEREAS, Health and Safety Code section 34176(g) allows the a housing successor to use 100% excess bond proceeds secured by the former La Quinta Redevelopment Agency's Low and Moderate Income Housing Fund ("LMIHF"), as long as the "housing" bonds were issued prior to June 28, 2011; and WHEREAS, the Successor Agency will have so-called "excess bond proceeds," i.e., tax allocation bond proceeds, from both "non -housing" and "housing" bonds, that are not otherwise obligated for a project or other enforceable obligation. The Successor Agency wishes to use such proceeds for redevelopment and affordable housing purposes consistent with applicable bond covenants; and WHEREAS, the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) provides for a cooperative relationship between cities and their redevelopment agencies, as well as their successor agencies who have assumed the duties and obligations of the former redevelopment agencies. Under Health and Safety Code Section 33220, a city may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. Health and Safety Code Section 33220(e) specifically authorizes a city to enter into an agreement with its redevelopment agency or any other public entity to further redevelopment purposes. Health and Safety Code Section 34176(g)(1)(A) [for housing bond proceeds] and Sections 34191.4(c)(1)(A) and 34191.4(c)(2) [for non -housing bond proceeds] 309 Click here to return to Agenda Resolution No. 2016- Bond Expenditure Agreement Adopted: July 5, 2016 Page 2 allow a housing successor, successor agency, and sponsoring city to enter into agreements with the approval of the oversight board; and WHEREAS, the Successor Agency desires to provide "non -housing" excess bond proceeds to the City of La Quinta (City) to enable the City to use such funds in a manner consistent with the original "non -housing" bonds' covenants, and the Successor Agency desires to provide "housing" excess bond proceeds to the La Quinta Housing Authority (Housing Authority) to enable the Housing Authority to use such funds in a manner consistent with the original housing bonds' covenants; and WHEREAS, in order to facilitate the use of excess bond proceeds consistent with the bond covenants, the Successor Agency, City, and Housing Authority have negotiated an agreement requiring the transfer of current and future excess bond proceeds by the Successor Agency to the City and Housing Authority, respectively, and the use of such excess bond proceeds consistent with applicable bond covenants. If approved by the Oversight Board for the La Quinta Successor Agency (Oversight Board), the Successor Agency will list the agreement, and the requirement to transfer excess bond proceeds herein on a ROPS as an obligation to be funded with excess bond proceeds. 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 are incorporated into the approval of this Resolution. SECTION 2. The City hereby approves the Bond Expenditure Agreement substantially in the form attached as Exhibit A. SECTION 3. The City Manager shall have the authority to execute the Agreement on behalf of the City, the Housing Authority's Executive Directors shall have the authority to execute the Agreement on behalf of the Housing Authority, and the Successor Agency's Executive Directors shall have the authority to execute the Agreement on behalf of the Successor Agency. The City Manager or designee shall have the authority to take any and all implementing actions to effectuate the terms and conditions of this Agreement. SECTION 4. The Bond Expenditure Agreement and ROPS on which the Bond Expenditure Agreement is listed shall become effective when the Oversight Board and California Department of Finance render their respective approvals as required by the dissolution law, Health and Safety Code Section 34170 et seq. ull Click here to return to Agenda Resolution No. 2016- Bond Expenditure Agreement Adopted: July 5, 2016 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of La Quinta held on this 5th day of July, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 311 Click here to return to Agenda 312 Click here to return to Agenda Attachment I BOND EXPENDITURE AGREEMENT (La Quinta Housing & Non -Housing Tax Allocation Bonds) This Bond Expenditure Agreement (the "Agreement") is entered into and effective , 2016, by and between the City of La Quinta, a California municipal corporation (the "City"), the La Quinta Housing Authority, in its capacity as the housing successor pursuant to Health and Safety Code Section 34176(a)(3) ("Housing Authority"), and the Successor Agency to the La Quinta Redevelopment Agency, a public agency, corporate and politic, pursuant to Health and Safety Code Section 34173 ("Successor Agency"). Recitals: A. The Successor Agency received its Finding of Completion under Health and Safety Code Section 34179.7 from the California Department of Finance on November 6, 2013. B. Health and Safety Code Section 34191.4(c) allows a successor agency that has received a finding of completion to use bond proceeds from "non -housing" bonds issued prior to 2011, and a prescribed percentage of non -housing bond proceeds for bonds issued between January 1, 2011 and June 28, 2011, for purposes for which the bonds were sold, provided that such proceeds in excess of amounts needed to satisfy approved enforceable obligations shall be expended in a manner consistent with the original bond covenants, and further provides that such expenditures shall constitute "excess bond proceeds obligations" that shall be listed separately on the successor agency's Recognized Obligation Payment Schedule ("ROPS"). C. Health and Safety Code section 34176(g) allows a housing successor to use 100% excess bond proceeds secured by the former La Quinta Redevelopment Agency's Low and Moderate Income Housing Fund ("LMIHF"), as long as the "housing" bonds were issued prior to June 28, 2011. D. The Successor Agency will have so-called "excess bond proceeds," i.e., tax allocation bond proceeds, from both "non -housing" and "housing" bonds, that are not otherwise obligated for a project or other enforceable obligation. The Successor Agency wishes to use such proceeds for redevelopment and affordable housing purposes consistent with applicable bond covenants. E. The California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) provides for a cooperative relationship between cities and their redevelopment agencies, as well as their successor agencies who have assumed the duties and obligations of the former redevelopment agencies. Under Health and Safety Code Section 33220, a city may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. Health and Safety Code Section 33220(e) specifically authorizes a city to enter into an agreement with its redevelopment agency or any other public entity to further redevelopment purposes. Health and Safety Code Section 34176(g)(1)(A) [for 698/099999-6000 9804274.2 a 06/30/16a06F2946 313 Click here to return to Agenda housing bond proceeds] and Sections 34191.4(c)(1)(A) and 34191.4(c)(2) [for non -housing bond proceeds] allow a housing successor, successor agency, and sponsoring city to enter into agreements with the approval of the oversight board. F. The Successor Agency desires to provide "non -housing" excess bond proceeds to the City to enable the City to use such funds in a manner consistent with the original "non - housing" bonds' covenants, and the Successor Agency desires to provide "housing" excess bond proceeds to the Housing Authority (if not already provided) to enable the Housing Authority to use such funds in a manner consistent with the original housing bonds' covenants. The non - housing and housing bonds' covenants are summarized in the Official Statements for the "Bonds," identified below in this Agreement, and the Official Statements and all bond documents governing the authorized spending of the "Bond Proceeds," as defined below in this Agreement, are incorporated by reference and generally referred to as the "Bond Spending Plan." The Bond Spending Plan is intended to advance the City's community development goals and Housing Authority's affordable housing goals, while maximizing fiscal and social benefits flowing to the taxing entities from successful development. The La Quinta Successor Agency's Oversight Board ("Oversight Board") has determined that the expenditure of excess bond proceeds in accordance with this Agreement will benefit the affected taxing entities, and has approved the execution of this Agreement and the provision of excess bond proceeds to the City and Housing Authority for the purposes described herein. G. In order to facilitate the use of excess bond proceeds consistent with the bond covenants, the Successor Agency, City, and Housing Authority have negotiated this Agreement requiring the transfer of current and future excess bond proceeds by the Successor Agency to the City and Housing Authority, respectively, and the use of such excess bond proceeds consistent with applicable bond covenants. The parties intend that this Agreement shall constitute an excess bond proceeds obligation within the meaning of Health and Safety Code Sections 34176(g)(1)(A) and 34191.4(c) to be paid from excess bond proceeds. With Oversight Board approval, the Successor Agency has listed or will list this Agreement, and the requirement to transfer excess bond proceeds herein, on its Recognized Obligation Payment Schedule ("ROPS") as an obligation to be funded with excess bond proceeds. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. RECITALS. The recitals above are an integral part of this Agreement and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Agreement. 2. DEFINITIONS. For purposes of this Agreement, the following terms shall have the indicated meaning: "Bonds" means all of the following bond issuances: • Successor Agency to the La Quinta Redevelopment Agency La Quinta Redevelopment Agency Project Areas No. 1 and 2 Refunding Bonds, 2014 Series A (used for refinancing 2004 Tax Allocation Housing Bonds), and 698/099999-6000 9804274.2 a 06/30/16a06F2946 -2- 314 Click here to return to Agenda any refinancing or refunding thereof authorized by the Dissolution Law (referred to in this Agreement as the "2004 Housing Bonds"). • Successor Agency to the La Quinta Redevelopment Agency La Quinta Redevelopment Project Areas No. 1 and 2 Subordinate Tax Allocation Refunding Bonds, 2013 Series A (used for refinancing 2002 Tax Allocation Bonds), and any refinancing or refunding thereof authorized by the Dissolution Law (referred to in this Agreement as the "2002 Non - Housing Bonds"). • La Quinta Financing Authority Local Agency Subordinate Taxable Revenue Bonds, 2011 Series A, and any refinancing or refunding thereof authorized by the Dissolution Law (referred to in this Agreement as the "2011 Housing Bonds"). • La Quinta Redevelopment Agency Project Area No. 2 Subordinate Taxable Tax Allocation Bonds, Series 2011, and any refinancing or refunding thereof authorized by the Dissolution Law (referred to in this Agreement as the "2011 Non -Housing Bonds"). "Bond Proceeds" means (1) proceeds remaining from the Bonds secured by a pledge of the Redevelopment Agency's tax increment, (2) rents, sale proceeds and other revenues generated by properties acquired and/or improved with proceeds from the Bonds, (3) interest and principal paid on loans funded by proceeds from the Bonds, and (4) other income or revenues generated from assets acquired or funded with proceeds from the Bonds. As of the date of this Agreement, the Bond Proceeds remaining from the Bonds described in clause (1) are approximately: $2,200,000 from the 2004 Housing Bonds; $6,600,000 from the 2002 Non - Housing Bonds; $25,500,000 from the 2011 Housing Bonds; and $2,400,000 from the 2011 Non -Housing Bonds, with the exact amounts of Bond Proceeds remaining set forth in the spreadsheet entitled "City of La Quinta — Bond Proceeds" attached to this Agreement as Exhibit A and incorporated herein by reference (collectively, the "Remaining Bond Proceeds"). "Bond Spending Plan" is defined in Recital F. In further explanation and not limitation of the definition in Recital F, the "Bond Spending Plan" includes but is not limited to the following projects that would use the following Excess Bond Proceeds: • Use of Housing Excess Bond Proceeds from the 2004 Housing Bonds for that certain affordable housing project known as the "Washington Street Apartments" project located at 42-800 Washington Street in the City; and • Use of Non -Housing Excess Bond Proceeds from the 2002 Non -Housing Bonds for the construction of SilverRock Way. "Dissolution Law" means Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code, commencing with Section 34170, and other statutes governing the dissolution of redevelopment agencies and the wind -down of redevelopment activities. 698/099999-6000 9804274.2 a 06/30/16a06F2946 -3- 315 Click here to return to Agenda "Enforceable Obligations" mean enforceable obligations, other than Excess Bond Proceeds obligations, as defined under the Dissolution Law. "Excess Bond Proceeds" means Bond Proceeds that are not needed to satisfy Enforceable Obligations (other than this Agreement) approved on a ROPS. As of the date of this Agreement, the Remaining Bond Proceeds qualify as Excess Bond Proceeds. "Housing Excess Bond Proceeds" mean Excess Bond Proceeds tied to the 2004 Housing Bonds or 2011 Housing Bonds, or both. "Non -Housing Excess Bond Proceeds" mean Excess Bond Proceeds tied to the 2002 Non -Housing Bonds or 2011 Non -Housing Bonds, or both; provided, however, that "Non - Housing Excess Bond Proceeds" from the 2011 Non -Housing Bonds may not exceed the percentage of the Remaining Bond Proceeds from the 2011 Non -Housing Bonds authorized to be expended pursuant to Health and Safety Code section 34191.4(c)(2) (or successor statute). At the time of this Agreement, 5% of the Remaining Bond Proceeds from the 2011 Non -Housing Bonds may be expended without a Last and Final ROPS, as the 2011 Non -Housing Bonds were issued June 14, 2011. If the percentage of allowable expenditure from the Remaining Bond Proceeds of the 2011 Non -Housing Bonds increases after the date of this Agreement, then any Remaining Bond Proceeds from the 2011 Non -Housing Bonds that may be expended under an amendment to the Dissolution Law shall be deemed Non -Housing Excess Bond Proceeds and will be governed by the terms and conditions of this Agreement without need for further amendment of this Agreement. "ROPS" means Recognized Obligation Payment Schedule as defined in the Dissolution Law. For purposes of this Agreement, ROPS includes the Last and Final ROPS (and any allowable amendments thereto) pursuant to the Dissolution Law. 3. SUCCESSOR AGENCY'S OBLIGATIONS. The Successor Agency shall have the following obligations under this Agreement: 3.1 CURRENT NON -HOUSING EXCESS BOND PROCEEDS. The Successor Agency shall transfer to the City, no later than 30 days after the approval of this Agreement (or Oversight Board Resolution approving this Agreement) by the California Department of Finance ("DOF"), Non -Housing Excess Bond Proceeds currently held by the Successor Agency. 3.2 CURRENT HOUSING EXCESS BOND PROCEEDS. The Successor Agency shall transfer to the Housing Authority, no later than 30 days after the approval of this Agreement (or Oversight Board Resolution approving this Agreement) by the DOF, Housing Excess Bond Proceeds currently held by the Successor Agency. 3.3 FUTURE EXCESS BOND PROCEEDS. The Successor Agency shall transfer to the City all future Non -Housing Excess Bond Proceeds held or received by the Successor Agency, and the Successor Agency shall transfer to the Housing Authority all future Housing Excess Bond Proceeds held or received by the Successor Agency. Such future Excess Bond Proceeds shall include, without limitation, (1) Bond Proceeds previously obligated to a project or other Enforceable Obligation that become unobligated for any reason, (2) Bond Proceeds that 698/099999-6000 9804274.2 a 06/30/16a06F2946 -4- 316 Click here to return to Agenda become available in the form of rents, sale proceeds, loan repayments, or other revenues that are generated by properties or other assets acquired and/or improved with Bond Proceeds and that are not otherwise obligated to a project or other Enforceable Obligation, and (3) any other funds held by the Successor Agency that qualify as Excess Bond Proceeds under this Agreement. The parties intend that payments of future Non -Housing Excess Bond Proceeds be made to the City and payments of future Housing Excess Bond Proceeds be made to the Housing Authority, as soon as possible after such Excess Bond Proceeds become available. The transfer of future Excess Bond Proceeds shall be made pursuant to an approved ROPS within 30 days of the commencement of the relevant ROPS period, or within 30 days of the future Excess Bond Proceeds becoming available to the Successor Agency after this Agreement has been approved by DOF on an operative ROPS, whichever date is applicable. The Successor Agency shall be responsible for ensuring that payments of future Excess Bond Proceeds, as such funds become available, are included on a ROPS by identifying this Agreement. 3.4 PROJECTS FUNDED BY NON -HOUSING EXCESS BOND PROCEEDS. The Successor Agency assigns to the City all responsibilities in relation to the administration of any projects or programs funded by Non -Housing Excess Bond Proceeds. The Successor Agency assigns to the City all contracts entered into by the Successor Agency or the former La Quinta Redevelopment Agency ("Redevelopment Agency") related to activities to be funded by Non - Housing Excess Bond Proceeds, with the exception of those contracts retained by the Successor Agency relating to Enforceable Obligations. 3.5 PROJECTS FUNDED BY HOUSING EXCESS BOND PROCEEDS. The Successor Agency assigns to the Housing Authority all responsibilities in relation to the administration of any projects or programs funded by Housing Excess Bond Proceeds. The Successor Agency assigns to the Housing Authority all contracts entered into by the Successor Agency or the Redevelopment Agency related to activities to be funded by Housing Excess Bond Proceeds, with the exception of those contracts retained by the Successor Agency relating to Enforceable Obligations. 4. CITY' S OBLIGATIONS. The City shall have the following obligations under this Agreement: 4.1 RETENTION OF NON -HOUSING EXCESS BOND PROCEEDS. The City shall accept, hold, and disburse Non -Housing Excess Bond Proceeds transferred to the City by the Successor Agency under this Agreement, including current Non -Housing Excess Bond Proceeds and future Non -Housing Excess Bond Proceeds. The City shall retain any Non - Housing Excess Bond Proceeds that it receives, such as revenue generated from properties acquired or improved with Non -Housing Excess Bond Proceeds or payments on loans funded from Non -Housing Excess Bond Proceeds, without any obligation to return such funds to the Successor Agency, and shall use such funds for uses consistent with applicable bond covenants. 4.2 USE OF NON -HOUSING EXCESS BOND PROCEEDS. The City may spend Non -Housing Excess Bond Proceeds received or retained under this Agreement on any project, program, or activity authorized under the Bond Spending Plan. The City must spend Non- 698/099999-6000 9804274.2 a 06/30/16a06F2946 -5- 317 Click here to return to Agenda Housing Excess Bond Proceeds consistent with the original bond covenants applicable to the Non -Housing Excess Bond Proceeds, and must comply with all requirements of federal tax law and all applicable requirements of the California Community Redevelopment Law as to the use of such funds. The City shall be solely responsible for ensuring that Non -Housing Excess Bond Proceeds are maintained and spent in accordance with bond covenants and other applicable laws. The City may transfer funds between approved projects, programs and activities, as long as the transfer is within a single project area if applicable bond covenants restrict such funds to a particular project area. The City assumes all contracts entered into by the Successor Agency or the former Redevelopment Agency related to activities to be funded by Non -Housing Excess Bond Proceeds, with the exception of those contracts retained by the Successor Agency relating to Enforceable Obligations. The City shall perform its obligations hereunder, and under such assumed contracts, in accordance with the applicable provisions of federal, state and local laws, and shall timely complete the work required for each project. 4.3 BOND SPENDING PLAN. The City shall be solely responsible for maintaining and implementing the Bond Spending Plan with respect to Non -Housing Excess Bond Proceeds. The City may amend the Bond Spending Plan, with respect to use of Non -Housing Excess Bond Proceeds, as the City deems necessary in its sole discretion. Any amendments to the adopted Bond Spending Plan shall consider uses that advance the City's community development goals while maximizing fiscal and social benefits flowing to the taxing entities from successful development. The Bond Spending Plan shall conform to applicable bond covenants and all applicable requirements of federal tax law and the California Community Redevelopment Law. Notwithstanding any contrary provision hereof, unless the City expressly agrees otherwise, the City shall not be obligated to provide funding for any program or project in an amount exceeding the Non -Housing Excess Bond Proceeds provided to the City pursuant to this Agreement. 5. HOUSING AUTHORITY'S OBLIGATIONS. The Housing Authority shall have the following obligations under this Agreement: 5.1 RETENTION OF HOUSING EXCESS BOND PROCEEDS. The Housing Authority shall accept, hold, and disburse Housing Excess Bond Proceeds transferred to the Housing Authority by the Successor Agency under this Agreement, including current Housing Excess Bond Proceeds and future Housing Excess Bond Proceeds. The Housing Authority shall retain any Housing Excess Bond Proceeds that it receives, such as revenue generated from properties acquired or improved with Housing Excess Bond Proceeds or payments on loans funded from Housing Excess Bond Proceeds, without any obligation to return such funds to the Successor Agency, and shall use such funds for uses consistent with applicable bond covenants. 5.2 USE OF HOUSING EXCESS BOND PROCEEDS. The Housing Authority may spend Housing Excess Bond Proceeds received or retained under this Agreement on any project, program, or activity authorized under the Bond Spending Plan. The Housing Authority must spend Housing Excess Bond Proceeds consistent with the original bond covenants applicable to the Housing Excess Bond Proceeds, and must comply with all requirements of federal tax law and all applicable requirements of the California Community Redevelopment Law as to the use 698/099999-6000 9804274.2 a 06/30/16a06F2946 -6- 318 Click here to return to Agenda of such funds. The Housing Authority shall be solely responsible for ensuring that Housing Excess Bond Proceeds are maintained and spent in accordance with bond covenants and other applicable laws. The Housing Authority may transfer funds between approved projects, programs and activities, as long as the transfer is within a single project area if applicable bond covenants restrict such funds to a particular project area. The Housing Authority assumes all contracts entered into by the Successor Agency or the former Redevelopment Agency related to activities to be funded by Housing Excess Bond Proceeds, with the exception of those contracts retained by the Successor Agency relating to Enforceable Obligations. The Housing Authority shall perform its obligations hereunder, and under such assumed contracts, in accordance with the applicable provisions of federal, state and local laws, and shall timely complete the work required for each project. 5.3 BOND SPENDING PLAN. The Housing Authority shall be solely responsible for maintaining and implementing the Bond Spending Plan with respect to Housing Excess Bond Proceeds. The Housing Authority may amend the Bond Spending Plan, with respect to use of Housing Excess Bond Proceeds, as the Housing Authority deems necessary in its sole discretion. Any amendments to the adopted Bond Spending Plan shall consider uses that advance the Housing Authority's affordable housing goals while maximizing fiscal and social benefits flowing to the taxing entities from successful development. The Bond Spending Plan shall conform to applicable bond covenants and all applicable requirements of federal tax law and the California Community Redevelopment Law. Notwithstanding any contrary provision hereof, unless the Housing Authority expressly agrees otherwise, the Housing Authority shall not be obligated to provide funding for any program or project in an amount exceeding the Housing Excess Bond Proceeds provided to the Housing Authority pursuant to this Agreement. 6. ENTIRE AGREEMENT; WAIVERS; AND AMENDMENTS. 6.1 This Agreement constitutes the entire understanding and agreement of the parties with respect to the transfer and use of Excess Bond Proceeds. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement. 6.2 This Agreement intended solely for the benefit of the City, Housing Authority, and the Successor Agency. Notwithstanding any reference in this Agreement to persons or entities other than the City, Housing Authority and the Successor Agency, there shall be no third party beneficiaries under this Agreement, except the La Quinta Financing Authority, a public agency, corporate and politic. 6.3 All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representatives of the parties. 7. SEVERABILITY. If any term, provisions, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. In addition, the 698/099999-6000 9804274.2 a 06/30/16a06F2946 -7- 319 Click here to return to Agenda parties shall cooperate in good faith in an effort to amend or modify this Agreement in a manner such that the purpose of any invalidated or voided provision, covenant, or condition can be accomplished to the maximum extent legally permissible. 8. DEFAULT. If either party fails to perform or adequately perform an obligation required by this Agreement within thirty (30) calendar days of receiving written notice from the non -defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non - defaulting party will have all the rights and remedies available to it at law or in equity to enforce the provisions of this contract, including without limitation the right to sue for damages for breach of contract or to seek specific performance. The rights and remedies of the non - defaulting party enumerated in this paragraph are cumulative and shall not limit the non - defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Agreement or hereinafter enacted or established, that may be available to the non -defaulting party against the defaulting party. 9. BINDING ON SUCCESSORS. This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. 10. FURTHER ASSURANCES. Each parry agrees to execute, acknowledge and deliver all additional documents and instruments, and to take such other actions as may be reasonably necessary to carry out the intent of this Agreement. 11. CITY MANAGER DELEGATED AUTHORITY TO IMPLEMENT. The City Manager shall have the authority to execute this Agreement on behalf of the City, the Housing Authority's Executive Directors shall have the authority to execute this Agreement on behalf of the Housing Authority, and the Successor Agency's Executive Directors shall have the authority to execute this Agreement on behalf of the Successor Agency. The City Manager or designee shall have the authority to take any and all implementing actions to effectuate the terms and conditions of this Agreement. [SIGNATURES ON NEXT PAGE] 698/099999-6000 9804274.2 a 06/30/16a06F2946 -g- 320 Click here to return to Agenda In witness whereof, the undersigned parties have executed this Bond Expenditure Agreement effective as of the date first above written. "CITY" "HOUSING AUTHORITY" THE CITY OF LA QUINTA, LA QUINTA HOUSING AUTHORITY, a municipal corporation in its capacity as the housing successor pursuant to Health and Safety Code Section 34176 By: City Manager Attest: By: City Clerk Approved as to form: By: City Attorney "SUCCESSOR AGENCY" THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY, a public agency, corporate and politic, pursuant to Health and Safety Code section 34173 Bv: Executive Director Attest: By: City Clerk Approved as to form: Lo Agency Counsel Bv: Executive Director Attest: By: Agency Secretary Approved as to form: Agency Counsel 698/099999-6000 9804274.2 a 06/30/16a06F2946 -9- 321 Click here to return to Agenda EXHIBIT A City of La Quinta - Bond Proceeds 5/31/16 Balance Bonds Issued on or Issued on or Issue G/L Account Name before 12/31/10 after 1/1/11 2004 248-0000-10110 Claim on Pooled Cash 2,195,379.38 2011 Housing 249-0000-10273 2011 Bond Proceeds fiscal agent 25,561,073.51 2002 405-0000-10110 Claim on Pooled Cash 6,575,791.87 2011A-PA2 417-0000-10273 2011 Bond Proceeds fiscal agent 2,420,286.52 Total 8,771,171.25 27,981,360.03 322 Click here to return to Agenda DEPARTMENT REPORT 1A City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Gilbert Villalpando, Management Assistant DATE: July 5, 2016 SUBJECT: LETTER OF SUPPORT FOR ACTIVE TRANSPORTATION PROGRAM GRANT APPLICATION The City Manager and staff met with Congressman Ruiz's office on Thursday, June 9 to discuss support for the City's "Active Transportation Program" (ATP) grant application. The purpose of ATP is to encourage safe mobility for non - motorized users in a community. Staff was directed to send the application for their office to review for potential support. The two week review process was accelerated understanding the grant submittal deadline is June 15. During the meeting the Congressman's office referenced the letter they received from the City seeking assistance locating funding sources for a variety city projects. Staff was encouraged to research grant opportunities on the website grants.gov for possible funding opportunities. They offered assistance reviewing grant packets once prepared. If a grant is denied, their office is available to meet and discuss areas of improving the grant packet for better opportunities of being approved. 323 Click here to return to Agenda 324 Click here to return to Agenda DEPARTMENT REPORT 1B City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Frank J. Spevacek, City Manager DATE: July 5, 2016 SUBJECT: MEETING WITH SUPERVISOR BENOIT AND RIVERSIDE COUNTY STAFF REGARDING PROPERTY TAX ALLOCATION On June 23rd Mayor Evans, Mayor Pro Tern Pena and City Manager Spevacek met with Supervisor Benoit and Riverside County staff, including the Riverside County Finance Director. The purpose was to discuss how the City might obtain a greater share of property tax revenue. Discussion focused on: County Redevelopment Area - increasing the property tax revenue the City receives from properties within the City but in the County Redevelopment Area (Andalusia, Griffin Ranch, Trilogy). City Property Tax Share - increasing the property tax revenue the City receives from properties not in the County Redevelopment Area by providing additional County property tax revenue to the City. Future Annexations - obtaining a greater share of County property tax revenue when the City annexes properties located in the County but within the City's Sphere of Influence. The County Finance Director offered the following answers. County Redevelopment Area. State statues govern the allocation of property tax revenue in this area and per these statues, 100% of this revenue is pledged to retire the long-term debt of the former County redevelopment project. The City will not obtain its full share of property tax revenue (the City's 7%) until this debt is retired. The Finance Director will send staff the debt retirement schedules (the County has refinanced this debt to lower debt service costs) so staff may project when this will occur. Upon receipt and analysis, this data will be presented to Council. City Property Tax Share. The Finance Director addressed this question by stating State statues enacted after Proposition 13 was approved by voters in 1978 establish the share of property tax cities may receive upon 325 Click here to return to Agenda incorporation (25% of the county share plus 2% for low property tax rate cities). The City of La Quinta's property tax share was established per this formula when incorporated in 1982 and there are no legal means to change this allocation formula save for enacting legislation at the State level to modify this formula. The Mayor then inquired about obtaining a greater share of the revenue the County receives within the City of La Quinta. Supervisor Benoit addressed this question by stating: o The County must dip into its reserves in order to balance the 2016/17 operating budget. Since it must do so to operate, why would the County wish to pay additional property tax revenue to La Quinta when it is entitled to receive this revenue that it needs to fund its operating budget? o At least 3 Supervisors would need to approve this request; doing so would open the door for other cities and districts to make the some request, which would further deplete County revenue. Future Annexations. The Finance Director stated that the County's current stance regarding annexations is that they must be revenue neutral; meaning that annexations cannot result in reduced revenue. The County analyzes annexations on a case by case basis and if there are significant County service cost reductions, the County will then determine what amount of County property tax revenue a city may receive from proposed annexation area. The meeting concluded with the County representatives agreeing to transmit a letter that details the County's position. This letter will be shared with the Council and community. 326 Click here to return to Agenda DEPARTMENT REPORT: 2 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: City Attorney's Office Bill Ihrke DATE: July 5, 2016 SUBJECT: UPDATE ON DRONE REGULATIONS The City Council requested an update on regulations applying to unmanned aircraft systems (UAS), commonly known as "drones," and the authority for the City to regulate their use. The Federal Aviation Administration (FAA) claims authority to regulate UAS. The FAA Modernization and Reform Act of 2012 (the Act) requires the FAA to promulgate rules to integrate commercial use of drones. The FAA passed an "Interim Final Rule" in December 2015, which is currently in effect and created a registration system for "Small UAS" (S-UAS), defined as any UAS weighing more than 0.5 and less than 55 pounds, regardless of intended purpose. Any S- UAS must be registered with the FAA's online registry before it may be flown. To register, the owner of the S-UAS must be 13 years or older and a U.S. citizen or legal permanent resident. Registration costs $5 and requires the owner's name, physical and mailing address, email address, and the manufacturer, model name, and serial number of the S-UAS. On June 21, 2016, the FAA adopted a "Final Rule" (entitled "Operation and Certification of Small Unmanned Aircraft Systems") that will be effective August 29, 2016 and applies to all "civil" S-UAS uses, such as research, inspections, and aerial photography. The Final Rule defines S-UAS as any UAS weighing less than 55 pounds. A S-UAS may only be flown during daylight and twilight hours (30 minutes before and after sunrise and sunset, respectively) and must have appropriate collision lighting, must be confined to specific areas of operation, and must be operated in visual line -of -sight. A person operating an S-UAS must either hold a remote pilot airman certificate with an S-UAS rating or be under the direct supervision of a person who does hold that certificate. To obtain the certificate a person must: (1) Be at least 16 years old; (2) Be vetted by the Transportation Security Administration (TSA); and (3) Demonstrate aeronautical knowledge by either (a) Passing an initial aeronautical knowledge test at an FAA -approved testing center, or (b) Holding a federally approved pilot certificate. The $5 registration cost still applies under the Final Rule. 327 Click here to return to Agenda For governmental entities, including the City, there are two options for operating UAS: (a) Follow the Final Rule, or (b) Obtain an FAA -approved Certificate of Waiver or Authorization (COA) that permits flights at or below 400 feet and allows self -certification of the UAS pilot. A COA permits a governmental entity to operate a particular aircraft for a specified purpose within a geographic boundary for a maximum of 2 years. The FAA places conditions and limitations for public drone operators on a case -by -case basis, including limitations on flight hours or limiting flights to line -of -sight operation. An emergency COA may be obtained under special circumstances. Before the Final Rule, any person (other than a governmental entity) had to obtain either an FAA -approved exemption or a special airworthiness certificate to fly a drone for commercial purposes. The exemption authorized flight at or below 400 feet, subject to restrictions around airports, restricted airspace, and densely populated areas. When such an exemption expires, a person must comply with the Final Rule. While the FAA generally has exclusive jurisdiction over UAS regulations, Congress has prohibited the FAA from passing regulations specific to "Model Aircraft," defined as an unmanned aircraft that is (a) Capable of sustained flight in the atmosphere; (b) Flown within the visual line of sight of the person operating the aircraft; and (c) Flown for hobby or recreational purposes. The FAA currently is engaged in a separate regulatory action (the "Interpretation of the Special Rule for Model Aircraft") in which the FAA will construe the statute and explain how it applies. The FAA published a draft interpretation for public comment in June 2014 and has received over 33,000 public comments. The draft interpretation states that the FAA is prohibited from making regulations specifically regarding Model Aircraft, but that does not preclude the FAA from making rules of general applicability that apply to all aircraft, including Model Aircraft. For instance, a person who uses a Model Aircraft (e.g., an S-UAS only for hobby or recreational purposes) must not operate it in a "careless or reckless" manner so as to endanger life or property of another. The FAA has provided no date when the final interpretation may be issued. Notwithstanding the pending interpretation, Congress' expressed prohibition against Model Aircraft regulations arguably enables state and local governmental regulations of these aircraft because this area of the law is not preempted by federal statute. Moreover, an FAA "Fact Sheet" on state and local regulation of UAS from December 2015 gives examples of regulations that the FAA considers to be within state and local governmental power. These include areas of law which fall under the police power, such as land use, zoning, privacy, trespass, and law enforcement operations. The FAA advises that states and cities keep this distinction in mind when drafting drone regulations because the framing of the legal issue will likely determine whether a local law will be preempted. 328 Click here to return to Agenda The State Legislature has proposed several bills regulating drones. One was signed into law. (Stats. 2015, ch. 521 (AB 856).) That law prohibits entering the airspace of an individual in order to capture, without consent, an image or recording of that individual engaging in a private, personal, or familial activity. (Civ. Code § 1708.8.) The law was passed in response to the use of S-UAS by paparazzi. Cities also have enacted drone ordinances. Los Angeles recently enacted an anti -drone ordinance that prohibited, among other provisions, operation of Model Aircraft closer than 25 feet to any individual. A criminal action was brought against a Los Angeles drone operator for code violations. Most of the charges were dismissed as preempted by FAA regulations, and there was an acquittal of the charge for "careless or reckless" operation of a Model Aircraft. That last charge was required by the ordinance to apply federal standards, and therefore not preempted. In conclusion, this area of law is extremely fluid now. Courts routinely hold that state and local regulations of aircraft in the areas of safety and operations are preempted, and the line of permissible state and local police power regulations versus preemptive federal safety and operations regulations is not easily drawn. The pending FAA interpretation and FAA Final Rule suggest that federal regulations will have broad applicability. If the City Council is interested in local drone regulation, however, the FAA does allow for and recommends consultation, especially if local drone regulations affect restrictions on flight altitude, flight paths, operative bans, or navigable airspace, all of which are potentially preempted under federal regulations. 329 Click here to return to Agenda 330 Click here to return to Agenda DEPARTMENT REPORT: 4 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Angelica Zarco, The Hub Manager DATE: July 5, 2016 SUBJECT: PROCESS IMPROVEMENT PROGRAM - BUSINESS LICENSE RENEWAL In March 2016, the Design and Development Department integrated Building, Planning, Development Services, Engineering Services, and the Customer Service Center ("The Hub"). Since then, staff identified processes that would benefit from process improvement analysis in order to enhance services to both external and internal customers. The City's Business License renewal process was brought to the forefront of this effort. Key staff members formed a Process Action Team (Team) to analyze and streamline this process. Existing processes were mapped and workflow deficiencies/breakdowns were identified; the following inefficiencies were discovered: • The mail distribution process was averaging two weeks and involved five to seven staff members, and • A 50 percent error rate on application completion and fee calculations caused inefficiencies for both the Design and Development and Finance Departments. In response, the Team revamped and automated the renewal forms. The revisions included adding information and fees specific to each business license type. The automation improvements entailed color -coding, required information boxes, and guiding customers to the sections germane to their particular business license type. In May 2016, the new business license renewal forms were implemented and their processing and error rate progress was monitored. The new forms resulted in a reduction of staff hours dedicated to mailing business licenses, and a decreased error rate to fewer than five percent of all applications. Businesses report that the process is going much smoother and is much simpler. 331 Click here to return to Agenda 332 Click here to return to Agenda Reports/ Informational Items: 23 Report to La Quinta City Council Palm Springs International Airport Commission Meeting June 15, 2016 Budget: Revenue and expenses were on track. Unrestricted cash stands at $4,734,600, slightly over your year-end goal of$4.5M. The goal is lower this year due to our FASA required contributions to capital projects, and our early retirement of some bond debt. New Budget Process: The budget for 2016/17 was approved, and we were able to cut several weeks out of the process. Passenger Activity: May's passenger activity was down from April, as expected, but was higher than last May by 1.3%. Brown Act: A video was shown to the Commissioners to refresh our obligations for transparency. General: We've begun seeing our reduced summer activities, so we will not meet in August. July's meeting will be July 20, at 8am. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport Email: bob(a)_teal.us.com Phone. 760-899-4171 333 Click here to return to Agenda 334 Click here to return to Agenda REPORT ITEM 24 PLANNING COMMISSION MINUTES TUESDAY, MAY 10, 2016 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Wilkinson. PRESENT: Commissioners Bettencourt, Blum, Fitzpatrick, Wright and Chairperson Wilkinson STAFF PRESENT: Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Consultant Principal Planner Nicole Criste, Executive Assistant Wanda Wise -Latta, Deputy City Clerk Monika Radeva, and Management Assistant Carla Triplett Commissioner Blum led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES 1. Approval of the minutes of April 26, 2016. Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of April 26, 2016 as submitted. Motion passed unanimously. PUBLIC HEARINGS 1. Environmental Assessment 2015-0002, Zone Change 2015-0001, Specific Plan 2015-0002, Site Development Permit 2015-0002 and Tentative Tract Map 2015- 0003 (TTM 36875) submitted by Desert Land Holdings LLC proposing to construct 15 single-family homes on 3.22 acres. Project: Villas at Indian Springs. CEQA: consideration of a Mitigated Negative Declaration of environmental impact. Location: southeast corner of Jefferson Street and Palm Circle Drive. PLANNING COMMISSION MINUTES 1 MAY 10, 2016 335 Click here to return to Agenda Consultant Principal Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Design and Development Department. A memorandum dated May 10, 2016, containing comments in opposition of Public Hearing Item No. 1 from Mr. Karl R. Holt received on May 9, 2016, was distributed to the Commission prior to the meeting and made available to the public. Staff addressed the Commission's questions with regards to lot dimensions, parking, wall specifications, drainage, sewer easement, landscape palette, and fire sprinklers. Chairperson Wilkinson declared the PUBLIC HEARING OPEN at 6:30 p.m. Public Speaker: Mr. Jim Snellenberger, Desert Land Holdings LLC, Palm Desert, CA - introduced himself, gave a detailed description of the project and answered the Commission's questions with regards to the project's driveways, lot dimensions, guest parking, and anticipated price points of proposed homes. Public Speaker: Marion Ellson, La Quinta, CA - introduced herself and spoke in support of the project. Public Speaker: Karl Holt, La Quinta, CA - introduced himself and spoke in opposition of the project. He noted he had submitted written comments to the Commission prior to the meeting. He expressed concerns regarding the proposed zone change, project density, dust issues, loss of view and open space, traffic issues, setbacks, and proposed utility easement. Public Speaker: Dr. Chris DeSalva, La Quinta, CA - introduced himself and expressed concerns regarding the project's density, its impact on his view, and the potential of a requirement for him to convert from a septic system to sewer in the future. Staff explained the City does not require the conversion of existing septic systems to sewer. Staff stated that the Coachella Valley Water District does not require hookup to sewer so long as the existing septic system is not failing. Public Speaker: Joyce Mendal, La Quinta, CA - introduced herself and shared her concerns regarding traffic issues on Palm Circle Drive. Chairperson Wilkerson declared the PUBLIC HEARING CLOSED at 7:27 p.m. Motion - A motion was made and seconded by Commissioners Bette ncourt/Fitzpatrick to adopt Planning Commission Resolution No. 2016-0007 to approve recommending City Council approval of Environmental Assessment 2015-0002, Zone Change 2015- 0001, Specific Plan 2015-0002, Site Development Permit 2015-0002, and Tentative PLANNING COMMISSION MINUTES MAY 10, 2016 336 Click here to return to Agenda Tract Map 2015-0003 (TTM 36875) as submitted with the following additions and amendments to the Conditions of Approval: • Applicant to demonstrate that an additional eight parking spaces can be provided on -street for guest parking; • Applicant to add requirement that the CC&Rs address guest parking regulations within the project adding a Condition of Approval to the Site Development Permit and Tentative Tract Map; • Amendment to Condition of Approval No. 77 of the Site Development Permit to read, "Applicant shall incorporate a pedestrian pathway that provides access from the street or garage to the front door for each of the homes"; and • Applicant to provide block wall detail and cross sections for the perimeter wall around the project. Motion passed unanimously. BUSINESS SESSION - None COMMISSIONER ITEMS - None DIRECTOR'S ITEMS 1. Planning Manager Perez said the City Council approved the Development Code Tune -Up. He stated that a report of staff level reviews regarding permits and development projects will be available on the City's website. 2. Planning Manager Perez said effective July 1, 2016, one Commissioner will be termed -out per the City's Municipal Code, which will create a vacancy, and one Commissioner will be eligible for re -appointment. He noted a Special City Council meeting is scheduled for June 8, 2016, to conduct interviews of all Boards' and Commissions' candidates. 3. Planning Manager Perez requested that the Commission provide feedback to staff regarding moving towards paperless agenda packets and transitioning to the use of Pads instead. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Wright to adjourn this meeting at 7:44 p.m. Motion passed unanimously. PLANNING COMMISSION MINUTES 3 MAY 10, 2016 337 Click here to return to Agenda Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES MAY 10, 2016 338 a 4,j�-A @ 710"k &J,4, �4 W", City of La Quinta, Distinguished City Council Members John Pena, Kristy Franklin, Lee Osborne, & Robert Radi, City Manager Frank Spevacek, & Mayor Linda Evans, Community Resources Manager Tustin Larson, City Events Manager Marcie Graham William Cain 52485 Avenida Rubio La Quinta,CA. 92253 July 5,2016 Regarding Arts Under the Umbrella Old Town Let me first state that even though I have not participated in Arts Under the Umbrella or the La Quinta Arts Festival for a number of years and have no intention of doing so unless the format were changed, I am in support of continuing the street fair. I would like to make a few observations. • In my 20 years of living in La Quinta as an artist I have come before the city council a few times with suggestions and requests that I thought would give the city another layer to their reputation for being a city of "Art". • When the La Quinta Arts Foundation requested that their yearly grant be made a "Line Item in the yearly Budget" I pointed out to the city that I believed a caveat should be placed on their request and that the foundation set aside 25% of their spaces for La Quinta Artist first, and secondarily, for Coachella Valley artists. This would not have been an undue burden and would have shown support for La Quinta and Coachella Valley artist. • 1 would request that this caveat be placed in any future negations or contract. • In the past my requests and proposals have gone in one ear and out the other, nothing was done except make it easy for the foundation to receive their grant without coming before the city council every year. Hopefully that will not be repeated. • The city recently held a workshop for community, local artist and citizens to get their input regarding the future of the Arts under the Umbrellas event, but the feeling I got was that the transfer to Wells Marvin, and the money grants from the City, was already a done deal, but who is going to benefit monetarily, the City or a private business owner from this potential agreement ? • Seemingly the bottom line is that things are going to stay the same as with the La Quinta Arts Foundation, only the faces have changed. • While it is quite possible that Wells Marvin, with city approval and the proper permits,would be able too continue the event with his own investment of money and time, and reap all the monetary profits how does that benefit the city coffers? • 1 don't know where you draw the line between city investment or so called incentives with private business I just want to make sure that any, agreements for future art events with our City has both transparency and fairness built in. • In the past, space fees and commissions for all events went to the La Quinta Arts Foundation for what I assume was advertising, security, entertainment ,staff time, scholarships etc., but I would like to point out that the foundation also has approximately $6 million in assets or reserves, which might be as much as the city's readily -available cash reserves. • If in the future if the La Quinta Arts foundation decides to withdraw from La Quinta as they have done with the Arts Under the Umbrella venue, I would find it a huge conflict of interest if the same format was transferred to Wells Marvin Inc. • So the question becomes, is the city in their new negotiation, going to require Mr. Marvin to come before the city council every year to request a grant for special events? If not, why not? • 1 have been told that the art consultant Wells hired is being paid out of his pocket, but if that cost is listed as an expense by Mr. Marvin for any and all shows and the city gives Mr. Marvin a grant toward expenses, then in reality the city is paying for the consultant. • Are the proceeds for the events, i.e. space rental and commissions, going to go to the city, less Well Marvin cost, which will be fully accounted for? If not, why not? • 1 would find the term "reinvestment of profits" by a private business owner problematic. Most of the cost for any re -occurring event would stay the same year in year out. So where are the reinvestment monies going? • Is the city looking too an expansion of the space and the events like Palm Springs has done with their street fair? In conclusion I will point out the Beverly Hills Art Show, both summer and winter, are not run by a for -profit private contractor or promoter, neither is Sausalito Arts Festival, Cherry Creek Arts in Colorado or the Indio's Southwest Arts Festival, to name a few, and for good reason; the non -profits benefit the city agenda to advance the arts programs to youth thru scholarships and other civic projects. Just some rough calculations on the money brought in for 8 events is approximately $112,000.00 dollars plus the $20,000.00 Wells Marvin is asking for.Where is that money going ?? Regards Artist William Cain tav Quigra GEM of the DESERT Community Art Workshop Wrap -Up Report ON JUNE 29, 2016, THE CITY HELD A COMMUNITY ART WORKSHOP TO RECEIVE INPUT AND FEEDBACK FROM THE COMMUNITY ON A FUTURE ART'PROGRAM TO REPLACE ART UNDER THE UMBRELLAS. THE CITY INTENDS TO PARTNER WITH ANOTHER•ORGANIZATI,ON AND HAVE THEM SERVE AS THE OPERATOR FOR THIS NEXT SEASON. OVER 80 PEOPLE ATTENDED THE WORKSHOP. Question: In looking at an art venture to replace Art Under the Umbrellas, what's sacred/going well and needs to be maintained going forward? Also, what's not so sacred/not going well and needs to be examined? Groups worked together to identify their top 3 sacred and not so sacred items and those results are compiled below. Sacred/Going Well: W. Supportof Arts • Quality of Art Show • Juried selection process to keep quality of art • Draws businesses to Old Town, share shoppers, more walk in business, never .heard complaints from stores • 'Attendance, marketing, advertising • Unique to La Quinta • Ability to earn. income • Location • Community Builder, Community to Artist Connection Affordable artist entry, keep fee for Artists fair • Accessibility to Local artists • Regular artists would,like to have their same space, easier set up and tear down for artists Mix.of artists, screen new artists carefully • Musicians • Supports the value and emphasis art has on the Valley. • Free Parkingx& Free Entrance • Promote " local artists"/advertising F 7,1F 7 Ilk ta a 4 GEM of the DESERT 61, W 11 ,_ NK Question` Afte r their information, theywer easked how they g uld'see theit w id entified ntified:aboveaccomplished by category. Alsovhat other 'ems;1id ideas would be helpful goingforward. The results were compiled and summarized below: gg 05, PM4,!,�, in, A) Venue location ' N I Stay ih.OIdTow'n 0, "M 2.`Add.music._: "JU i3 Betterres hom facilitim easier load -out, food 4 ft M I'!, Bi-Free `Ent y'&'Pa'rking­:, ­ f%' free parking Fl o ochange, rnust keep KAY PAN 2. Frin&-aIternative pqr(ngareas,; LeRalp h's. 3 Improve access to City-Oarking lots' 2 K f gki, Art & Artists N 1-11 with ema -in, high quality art Y '2;Keep .limed entrance kM FIR, if,,,'j6weIry & wearables N21 - _g P n Quality ,-�df M arketing A 1 ,Same as existing AdVd` isiflig§`6 ggo` tio,ns lleaqh you,nger-a dmographic t - Shows Time- Freq uency of,,.-,, Z, epthe same one same e) th 74 M A - f, 0 Nck weekends t K' k1 to`back show; rio Unique th Valle' t 6 ,,.,�, e "k; PN i-�,,,,,-"-1,.,'Priorit'y.tblocal artists 2. local 'ordn bitet'.' d S' s.,an �:prgamzer �_B _..,,3.,Qd9Ijty of art M, 1 011, V�W RA Al :7-