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2019 CVAG, Cities of PD & IW - Cooperative Agrmt - Washington St Triple Left Ln at Fred Waringta Q�W -- (,ENI g/r;,r DESF..RT - MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Julie Mignogna, Management Analyst DATE: TezP_Aa4? lot, °�-011 RE: Cooperative agreement with the Cities of Palm Desert and Indian Wells for the design and construction of the Washington Street intersection with Fred Waring Drive Project Attached for your signature is the agreement referenced above. Please sign the attached agreement(s) and return to Julie Mignogna for processing and distribution. Requesting department shall check and attach the items below as appropriate: N/A Contract payments will be charged to account number: ' Amount of Agreement, Amendment, Change Order, etc.: W l" N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based u on: X Approved by the City Council on October 2, 2018 City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by [Council, Director, etc] Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) N/A City of La Quinta Business License number LIC- N/A A requisition for a Purchase Order has been prepared (amounts over $5,000) N/A A copy of this Cover Memo has been emailed to Finance (Sandra) COOPERATIVE AGREEMENT FOR DESIGN AND CONSTRUCTION OF TRIPLE LEFT TURN LANES ON WASHINGTON STREET AND FRED WARING DRIVE This COOPERATIVE AGREEMENT FOR DESIGN AND CONSTRUCTION OF TRIPLE LEFT TURN LANES ON WASHINGTON STREET AND FRED WARING DRIVE (hereinafter "Agreement") is entered into this day of 2018 between the City of La Quinta, a municipal corporation and charter city, referred to herein as "La Quints," the City of Palm Desert, a municipal corporation and charter city, referred to herein as "Palm Desert," and the City of Indian Wells, a municipal corporation and charter city, referred to herein as "Indian Wells." La Quinta, Palm Desert, and Indian Wells are collectively referred to in this Agreement as "Contracting Parties" or "Parties." 1.0 SCOPE OF AGREEMENT 1.1 Scope. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to engineer, construct, finance, operate, and maintain triple left turn lanes on Washington Street and Fred Waring Drive to mitigate left turn lane queuing and to ensure the intersection of Washington Street and Fred Waring Drive operates at an acceptable level of services ("Project"), depicted in Exhibit "A" attached hereto and incorporated herein by reference. The cost of proposed improvements to design and construct the Project is specified in the Project Estimate in Exhibit "'B" attached hereto and incorporated herein by reference ("Project Cost"). Parties hereby agree that design and construction of the Project will be publically advertised for proposals from professional services firms for plans and specifications and publically bid to construction contractors and subcontractors (collectively referred to herein as "Contractors"), and thus subject to all California laws governing publically bid projects. Contracting Parties hereby agree that the City of La Quinta shall be the lead agency regarding the Project and shall be responsible for the public bidding process and completion of all Project components, and that Indian Wells and Palm Desert shall reimburse La Quinta for 25% of the Project Cost, excluding the items in Section 3.2, in accordance with the terms of this Agreement. 1.2 Compliance with Law. The Project contemplated herein shall be paid for and constructed in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour —Co mpliance. Contracting Parties shall require all Contractors to comply with applicable Federal, State, and local wage and hour laws for the Project. 1.4 Licenses, Permits, Fees and Assessments. Contracting Parties shall require Contractors to obtain such licenses, permits, and approvals as may be required by law for the performance of the Project, and Contractors shall be responsible 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 Project. 1.5 Familiarity with Project. Any Contractor shall warrant that they (a) have thoroughly investigated and considered the Project to be performed, (b) have investigated the site where the Project is to be constructed and fully acquainted with the conditions there existing, (c) have carefully considered how the Project should be completed, and (d) fully understand the facilities, difficulties, and restrictions attending completion of the Project. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Parties shall fund and construct the Project as depicted in Exhibit "A" herein and the Project Cost in Exhibit "B" herein. If any additional work is required in addition to the work specified in Exhibit "B," ("Additional Work"), Contracting Parties shall not authorize any Contractor to perform such Additional Work until receiving prior written authorization from all Contracting Parties. Any Additional Services required shall be approved in advance and paid for in proportional shares (i.e., 25% for Indian Wells, 25% for Palm Desert, and 50% for La Quinta) upon obtaining written authorization for such Additional Services from all Contracting Parties. If it is determined that a cost overrun exceeding 15% of the construction bid will occur, the Contracting Parties shall endeavor to negotiate in good faith among each other and with any Contractor to agree upon an alternative course of action. All contract change orders which individually or cumulatively exceed 15% of the bid price as described in Exhibit "B" for the relevant contract bid items shall be submitted by La Quinta to Palm Desert and Indian Wells for review and approval prior to authorization by La Quinta to Contractor. 1.7 Responsibility for Operations and Maintenance Following Project Completion. Upon completion of the Project, the Contracting Parties shall assume maintenance responsibilities for the improvements within the respective jurisdictions of the Contracting Parties. Notwithstanding, any agreement(s) in place prior to this Agreement shall remain in full force and effect in accordance with the terms and provisions of those preexisting agreements. 2.0 PAYMENT OF COSTS 2.1 Contract Sum. For the Project contemplated by this Agreement, Contracting Parties shall pay a combined total price in the amount of $1,860,745 ("Project Cost"), as described in more detail in Exhibit "B." The City of Indian Wells shall contribute 25% of the Project Cost, the City of Palm Desert shall contribute 25% of the Project Cost, and the City of La Quinta shall contribute 50% of the Project Cost, subject to the following terms. The Parties acknowledge that La Quinta is pursuing outside funding for the Project from Coachella Valley Association of Governments ("CVAG"). In the event such funding is obtained from CVAG, the total Project Cost attributable to the Contracting Parties shall decrease by the amount obtained from CVAG, and the Parties' respective Project Cost obligation percentages shall be maintained. La Quinta shall be responsible for the initial payment of Project Costs. Palm Desert and Indian Wells shall deposit $100,000 upon execution of this Agreement. La Quinta shall draw down from the deposited funds to pay the initial invoices for work performed. After the deposited funds are exhausted, Indian Wells and Palm Desert shall pay the remainder of their respective 25% obligation for Project Costs upon the completion of the Project Any Additional Services required shall be paid for in proportional shares pursuant to Section 1.6. 3.0 COORDINATION OF WORK 3.1 Representative of Contracting Party. The following principals of Contracting Party ("Representatives") are hereby designated as being the representatives of each Contracting Party authorized to act in its behalf with respect to the Project specified herein and make all decisions in connection therewith: a.Bryan McKinney, P.E., City of La Quinta E-mail: bmckinney@la- quinta.org b. Ken, Seumalo, P.E., City of Indian Wells E-mail: kseumalo@indianwells.com c.Tom Garcia, P.E., City of Palm Desert E-mail: tgarcia@cityofpalmdesert.org The foregoing Representatives shall be responsible during the term of this Agreement for directing all activities of their respective Contracting Party. For purposes of this Agreement, the foregoing Representatives may not be changed without the approval of all Contracting Parties, which approval shall not be unreasonably withheld or denied. 3.2 Contracting Party Responsibilities. In furtherance of this Agreement, and as the lead agency for the Project, La Quinta hereby agrees to complete the following tasks in addition to its responsibility to pay 50% of the Project Cost. (1)To prepare Plans, Specifications and Estimates (PS&E) for the Project. PS&E shall be prepared in accordance with the standards and practices of La Quinta and all applicable laws and regulations. (2)To prepare final design documents and drawings for the Project by or under the direction of a Civil Engineer registered and licensed in the State of California. Such specifications, plans and reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation.To provide Palm Desert and Indian Wells a copy of the low bid received for the project to review and approve. Palm Desert and Indian Wells shall notify La Quinta in writing of approval or comments within 10 days of receipt of the low bid package. Approval of the low bid shall not be unreasonably withheld or denied. Failure by either Palm Desert or Indian Wells to submit written comments timely within 10-days of receipt shall be deemed an approval of the low bid and all related bid documents. (3)To apply for a no fee encroachment permit for work within the Palm Desert and Indian Wells street rights -of -way, in accordance with Palm Desert and Indian Wells standard permit procedures; provided however, that Palm Desert and Indian Wells agree to cooperate in the issuance of any other required permits necessary for the Project. (4)To administer public works contract change orders for construction of the Project. (5)To retain or cause to be retained for audit by Palm Desert and Indian Wells for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the Project. (6)Upon completion of the Project, to furnish Palm Desert and Indian Wells a complete set of full-sized reproducible "Drawing of Record" plans. (7) Within sixty days of completion of the Project, provide a final accounting of the Project and invoice (or refund) to Palm Desert and Indian Wells for the Contracting Agency's portion of the Project Cost. Palm Desert and Indian Wells hereby agree to issue, free of charge, upon application by La Quinta or any employee, agent, or contractor of La Quinta, the necessary encroachment permits for required work within the Contracting Party's street right-of-way associated with the Project. In construction of the Project, La Quinta will furnish or contract for a representative to perform the function of "Resident Engineer," and Palm Desert and Indian Wells hereby reserve the right to provide a representative to assist the Resident Engineer. Should La Quinta contract for a Resident Engineer, the parties shall interview candidates and the candidate selected to serve as Resident Engineer shall be approved by at least two of the three parties. Representatives from Palm Desert and Indian Wells may consult with La Quinta's Resident Engineer; however, La Quinta's Resident Engineer's decision shall be considered final. 3.3 Independent Contractor. The Parties hereby acknowledge that neither Contracting Parties nor any employees of Contracting Parties shall have any control over the manner, mode, or means by which Contractor and its agents and employees perform the services contemplated in the Project Cost, except as otherwise set forth herein. Contracting Parties shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services for the Project hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services for the Project shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by Contracting Parties, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of Contracting Parties and entitlement to any contribution to be paid by Contracting Party for employer contributions and/or employee contributions for PERS benefits. 4.0 INDEMNIFICATION. 4.1 Indemnification by La Quinta. La Quinta agrees to indemnify, defend and hold harmless Palm Desert and Indian Wells, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from La Quinta's performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Palm Desert and/or Indian Wells, in their respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties. 4.2 Indemnification by Palm Desert. Palm Desert agrees to indemnify, defend and hold harmless La Quinta and Indian Wells, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Palm Desert's performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of La Quinta and/or Indian Wells, in their respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties. 4.3 Indemnification by Indian Wells. Indian Wells agrees to indemnify, defend and hold harmless La Quinta and Palm Desert, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Indian Well's performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of La Quinta and/or Palm Desert, in their respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties. 4.4 Indemnification from Contractor. Contracting Parties shall require each and every Contractor performing work for the Project to indemnify, defend, and hold harmless, to the maximum extent allowable by law, the Contracting Parties for that work performed on the Project by the Contractor. _4.5 Insurance from Contractor. Contracting parties shall require each and every Contractor performing work for the Project to procure and maintain policies of insurance typically required for projects of a similar size and scope. All liability policies shall provide, or be endorsed to provide, that each Contracting Party be named additional insured. 5.0 RECORDS AND REPORTS. 5.1 Records. Contracting Parties shall 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 Project ("Books and Records") for three (3) years following completion of the Project. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contracting Parties shall have full and free access to such Books and Records of any other Contracting Party at all times during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. 5.2 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 for the Project (the "Documents and Materials") shall be the joint property of all Contracting Parties. Any Contracting Party shall be entitled to use or reuse such completed Documents and Materials for other projects and/or use uncompleted documents for any purpose. 6.0 ENFORCEMENT OF AGREEMENT. 6.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action. 6.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the remaining Contracting Parties 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 as soon thereafter as practicably may be accomplished, provided that if the default is an immediate danger to the health, safety, or general welfare, the injured party may take such immediate action as deemed 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. 6.3 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. Contracting Parties' consent or approval of any act by any other Contracting Party requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act of Contracting Party. Any waiver by any Contracting 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. 6.4 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 Contracting Parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same ordifferent times, of any other rights or remedies for the same default or any other default by another party. 6.5 Legal Action. In addition to any other rights or remedies, any 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. 6.6 Attorneys' Fees. If any Contracting 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 such Contracting Party 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. 7.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 7.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of any Contracting Party shall be personally liable to any Contracting Party, or any successor in interest, in the event of any default or breach by any Contracting Party or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 7.2 Conflict of Interest. Contracting Parties covenant that neither Contracting Parties, nor any officer or principal thereof, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Contracting Parties or which would in any way hinder Contracting Parties' performance of this Agreement. Contracting Parties agree to at all times avoid conflicts -of interest or the appearance of any conflicts of interest in the performance of this Agreement. No officer or employee of any Contracting Party 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 local or State statute or regulation. 7.3 Covenant against Discrimination. Contracting Parties covenant that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Parties shall take affirmative action to ensure employees and Contractor's employees and agents are treated'during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 8.0 MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, or communication any Party desires or is required to give to any other Party shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Any 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 of La Quinta: CITY OF LA QUINTA Attention: City Manager 78-495 Calle Tampico La Quinta, California 92253 To City of Indian Wells: CITY OF INDIAN WELLS Attention: City Manager 44-950 Eldorado Drive Indian Wells, CA 92210 To City of Palm Desert: CITY OF PALM DESERT Attention: City Manager 73510 Fred Waring Drive Palm Desert, CA 92260 8.2 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 any party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 8.3 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. 8.4 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 8.5 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. 8.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by all Contracting Parties. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 8.7 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 any Party.of the basic benefit of their bargain or renders this Agreement meaningless. 8.8 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. 8.9 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] Exhibit A Project Improvement Exhibit h f J • 6to • .• VA ll Il • ■ ? �r LXH181 1 A WASHINGTON STREET AT FRED WARING DRIVE TRIPLE LEFT TURN LANES - DATE 8-2.1_2017 Exhibit B Cost Estimate Exhibit B Date: 6-5-2018 Washington Street at Fred Waring Drive - Triple Left Turn Lanes Engineer's Estimate Item Unit Type Unit Price Cost Mobilization (5%) 1 LS $ 46,260 $ 46,260 Dust Control 1 LS t$ 15,000 $ 15,000 'Traffic Control 1 LS $ 81,000 $ 81,000 Clearing and Grubbing 1 LS S 38,000 $ 38,000 Demo Curb 3140 LF $ 7 $ 21,980 Demo AC Pavement 5290 SF $ 0.70 $ 3,703 Demo Concrete Pavement 1322 SF $ 3 $ 3,966 Demo Sidewalk 12485 SF $ 2 $ 24,970 Install Curb Ramp 4 EA 5 3,000 $ 12,000 Install PCC Curb and Gutter 3115 LF $ 30 5 93,450 Install PCC Sidewalk 11545 SF $ 7 $ 80,815 Install AC Pavement 17640 SF $ 9 $ 158,760 Install Concrete Pavement 1980 SF S 16 $ 31,680 Demo/Construct Catch Basin 2 LS $ 15,000 $ 30,000 Relocate Sign 17 EA $ 250 $ 4,250 Relocate City Obelisk 1 EA $ 800 $ 800 Earthwork 830 CY $ 30 $ 24,900 Striping 1 S 33,200 S 33,200 Traffic Signal 1 $ 220,387 $ 220,367 Landscaping 7155 dSF $ 6 $ 42,930 ROW - Temp Easement 1705 $ 2 $ 3,410 ROW -Permanent 865 $ 12 $ 10,380 Subtotal Construction $ 981,841 20% En gineerin g Co n tingency $ 196,368 Grand Total Construction $ 1,178,209 Administration (5%) $ 58,910 Engineering (15%) S 176,731 Inspection (9.75%) 5 114,875 Professional (7.25%) $ 85,420 Utility Allowance $ 47,984 Right of Way Engineering (2.5%) $ 29,455 Subtotal $ 1,691,586 Contingency (10%) $ 169,159 Expense Amount Total $ 1,860,745 Anticipated CVAG Contribution (75%) $1,395,555 Anticipated City Share (25%) $465,190 City of La Quinta Share (50°/6 of 25%) $232,595.00 City of Palm Desert Share (25% of 25%) $116,297.50 City of Indian Wells Share (25% of 25%) $116,297.50 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation ACEK, City Manager Dated: ATTEST: MONIKA RAD VA, y Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CITY OF INDIAN WELLS, a California municipal corporation E-SIGNED by Wade McKinney WADE MCKINNEY, City Manager Dated: January 10, 2019 ATTEST: Ai�da Grandys, y C City of Indian Wells, California APPROVED AS TO FORM: E-SIGNED by Steve P. Deitsch Steve Deitsch, City Attorney City of Indian Wells, California CITY OF PALM DESERT, a California municipal corporation LAURI AYLAIAN, City Manager Dated: ATTEST: City Clerk City of Palm Desert, California APPROVED AS TO FORM: City Attorney City of Palm Desert, California CITY OF PALM DESERT CONTRACT NO. C37700 ATTEST: City Clerk City of Indian Wells, California APPROVED AS TO FORM: City Attorney City of Indian Wells, California CITY OF PALM DESERT, a California municipal corporation LAURI AYLAIAN, City Manager Dated: October 11, 2018 ATTEST: CitWlerk City of Palm Desert,• • • APPROVED AS TQ� FORM: O