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2022 05 17 CouncilCITY COUNCIL AGENDA Page 1 of 7 MAY 17, 2022 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MAY 17, 2022 4:00 P.M. OPEN SESSION ****************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the public, the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference. Members of the public wanting to listen to the open session of the meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live. Members of the public wanting to address the City Council, either for a specific agenda item or matters not on the agenda are requested to follow the instructions listed below: Written public comments – can be provided in-person during the meeting or emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov preferably by 2:00 p.m. on the day of the meeting, and will be distributed to the City Council, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request. City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA Page 2 of 7 MAY 17, 2022 The email “subject line” must clearly state “Written Comments” and list the following: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written Comments *** TELECONFERENCE PROCEDURES *** Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 Or join by phone: (253) 215 – 8782 It would be appreciated that any email communications for public comments related to the items on the agenda, or for general public comment, are provided to the City Clerk’s Office at the email address listed above prior to the commencement of the meeting. If that is not possible, and to accommodate public comments on items that may be added to the agenda after its initial posting or items that are on the agenda, every effort will be made to attempt to review emails received by the City Clerk’s Office during the course of the meeting. The Mayor will endeavor to take a brief pause before action is taken on any agenda item to allow the City Clerk to review emails and share any public comments received during the meeting. All emails received by the City Clerk, at the email address above, until the adjournment of the meeting, will be included within the public record relating to the meeting. ****************************** CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans CONFIRMATION OF AGENDA PLEDGE OF ALLEGIANCE CITY COUNCIL AGENDA Page 3 of 7 MAY 17, 2022 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 by providing written public comments either in- person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. INTRODUCE LA QUINTA LIBRARY BRANCH MANAGER SARA DELACRUZ 2. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND COACHELLA VALLEY CONSERVATION COMMISSION – 2021 COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN ANNUAL REPORT CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH NATIONAL PLANT SERVICES, INC., DESERT CONCEPTS CONSTRUCTION, INC., AND PWLC II, INC., FOR ON-CALL PUBLIC WORKS MAINTENANCE SERVICES 9 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH WILLDAN FINANCIAL SERVICES, INC., FOR ANNUAL LEVY ADMINISTRATIVE SERVICES FOR LIGHTING & LANDSCAPE ASSESSMENT DISTRICT 89-1 119 3. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC. FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION FOR POOL AND WATER FEATURE MAINTENANCE SERVICES PROJECT NO. 2020-11 159 4. APPROVE CHANGE ORDER NO. 4 TO CONTRACT WITH VINTAGE ASSOCIATES, INC. FOR PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION 165 CITY COUNCIL AGENDA Page 4 of 7 MAY 17, 2022 5. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. TO EXTEND CONTRACT FOR TWO ADDITIONAL YEARS FOR ON-CALL PLANNING SERVICES 169 6. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH ERIC NELSON DBA RASA FOR ON-CALL MAP CHECKING SERVICES 181 7. APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES WITH MERCHANTS BUILDING MAINTENANCE, LLC FOR CITYWIDE JANITORIAL SERVICES 187 8. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) 195 9. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-03F3, LOCATED AT THE LA QUINTA MARBELLA AND SIERRA DEL REY DEVELOPMENT, ON THE SOUTH SIDE OF MILES AVENUE AND EAST SIDE OF ADAMS STREET 201 10. AWARD CONTRACT TO JACOBSSON ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF THE JEFFERSON STREET AT AVENUE 53 ROUNDABOUT PROJECT NO. 2017-09 205 11. APPROVE DEMAND REGISTERS DATED APRIL 29 AND MAY 6, 2022 213 12. ADOPT RESOLUTION SUPPORTING OCEAN WATER IMPORTATION TO REFILL THE SALTON SEA WHILE REDUCING GREENHOUSE GAS EMISSIONS [RESOLUTION NO. 2022-012] 231 13. APPROVE ONE-YEAR TERM EXTENSION OF SOLUTIONS MAINTENANCE AGREEMENT WITH SUPERION, LLC TO PROVIDE HOSTING AND MAINTENANCE SERVICES FOR THE CITY’S TRAKiT PERMITTING SOFTWARE FOR FISCAL YEAR 2022/23 239 BUSINESS SESSION PAGE 1. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE 261 CITY COUNCIL AGENDA Page 5 of 7 MAY 17, 2022 2. APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF JULY 5, AUGUST 16, AND SEPTEMBER 6, 2022 269 3. ADOPT RESOLUTION TO APPROVE AMENDED FRANCHISE AGREEMENT WITH BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR SOLID WASTE HANDLING SERVICES AND ADJUSTED MAXIMUM SERVICE RATES [RESOLUTION NO. 2022-013] 271 STUDY SESSION PAGE 1. DISCUSS FISCAL YEAR 2022/23 PRELIMINARY PROPOSED BUDGET 405 PUBLIC HEARINGS – NONE DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK – JUNE 7, 2022, PRIMARY ELECTION UPDATE 495 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC WORKS MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Peña) CITY COUNCIL AGENDA Page 6 of 7 MAY 17, 2022 17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 19. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña) 20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña) 21. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD HOC COMMITTEE (Peña and Radi) 22. CVAG TRANSPORTATION COMMITTEE (Radi) 23. SUNLINE TRANSIT AGENCY (Radi) 24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez) 26. ANIMAL CAMPUS COMMISSION (Sanchez) 27. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez) 28. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE (Sanchez) 29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 30. FINANCIAL ADVISORY COMMISSION MINUTES DATED APRIL 13, 2022 505 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on June 7, 2022, at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on May 13, 2022. DATED: May 13, 2022 MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL AGENDA Page 7 of 7 MAY 17, 2022 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 (760) 777- 7123, 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 (760) 777-7123. 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 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 8 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH NATIONAL PLANT SERVICES, INC., DESERT CONCEPTS CONSTRUCTION, INC., AND PWLC II, INC., FOR ON-CALL PUBLIC WORKS MAINTENANCE SERVICES RECOMMENDATION Approve Agreements for Contract Services with National Plant Services, Inc., Desert Concepts Construction, Inc., and PWLC II, Inc., for on-call Public Works Maintenance Services; and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY •Given the current job market, it is difficult to obtain proposals from qualified contractors for various public works maintenance services. Maintenance services for streets and stormwater, buildings, and landscape renovations, require either certified and/or licensed contractors or City maintenance staff to perform the work. •In March 2022, staff solicited proposals for On-Call Public Works Maintenance Services (maintenance services). Four responses were received from qualified contractors. National Plant Services, Inc. (National), Desert Concepts Construction, Inc., (Desert Concepts) and PWLC II, Inc., (PWLC) were selected and are licensed, qualified contractors that can provide a variety of public works maintenance services. •Each agreement would be for a three-year term for not to exceed amounts budgeted in the professional and maintenance services accounts; National (Attachment 1) $50,000; Desert Concepts (Attachment 2) $200,000; PWLC (Attachment 3) $200,000; and would provide the flexibility to complete daily and/or deferred maintenance in a timelier manner. •Staff cannot exceed the budgeted amount without Council approval. FISCAL IMPACT These contracts combined could potentially cost up to $450,000 annually; National $50,000; Desert Concepts $200,000; PWLC $200,000 or a total of $1,350,000 during the three-year term(s). Funds are proposed in the fiscal year budget, invoices would be charged to the appropriate division account(s) for professional services and/or maintenance services accounts as follows: CONSENT CALENDAR ITEM NO. 1 9 Maintenance Division Professional & Maintenance Services Accounts Proposed 2022/23 FY Budget Estimated Use Amount Streets & Stormwater 101-7003-60103 $70,000 $50,000 Buildings 101-3008-60691 $60,000 $50,000 Parks 101-3005-60691 $300,000 $100,000 Fire 101-2002-60691 $60,000 $45,000 Library 202-3004-60691 $15,000 $15,000 Museum 202-3006-60691 $5,000 $5,000 Landscape & Lighting 215-7004-60691 $200,000 $110,000 Building Repair/Maint 501-0000-71103 $50,000 $50,000 SilverRock 601-0000-60660 $25,000 $25,000 BACKGROUND/ANALYSIS In the current job market, the City and contractors are often short-staffed making it increasingly difficult to keep up with deferred and daily maintenance. Many maintenance services tasks for buildings, parks, landscape renovations, streets and stormwater, require certified and/or licensed contractors with appropriate insurance requirements to perform the work, and it has been difficult to obtain proposals. In March 2022, the City posted a request for proposals for On-Call Public Works Maintenance Services. Four proposals were received, staff reviewed the proposals and selected three contractors that could provide a variety of maintenance services. National would perform storm water and sewer maintenance as needed. Desert Concepts would perform a variety of services for buildings, facilities and park/playground maintenance, painting, welding, electrical repair/installation, storm drains, street sweeping, and any other public works maintenance service as needed. PWLC would perform additional work for deferred landscape maintenance such as landscape renovation, and irrigation repair and/or modification, in the Lighting and Landscape Assessment District 89-1 and Citywide parks. The contract authority would allow staff to utilize the appropriate contractor for maintenance services on an as-needed basis for the full “not to exceed” amount of their agreement. Staff requests the flexibility of on-call maintenance services to address deferred maintenance items, and as an option to be able to complete work when City staff is unavailable. ALTERNATIVES Council could elect not to approve one or more of the agreements. Prepared by: Dianne Hansen, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Agreement with National Plant Services, Inc. 2. Agreement with Desert Concepts Construction, Inc 3. Agreement with PWLC II, Inc. 10 ATTACHMENT 1 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and National Plant Services, Inc. (“Contracting Party”). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide On-Call Public Works Maintenance Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, 11 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from 12 -3- the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Fifty Thousand Dollars ($50,000) (the “Contract Sum”), per year for the life of the agreement encompassing any initial and extended terms, except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, 13 -4- Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer , or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the 14 -5- time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer , or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 1, 2022, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”). 4.COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a)Name: Dennis Keene Tel No: 562-436-7600 E-mail: dennisk@nationalplant.com (b)Name: Patty Pena Tel No: 562-896-1439 Email: ppena@nationalplant.com 15 -6- It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”, otherwise known as Tony Ulloa, Public Works Deputy Director, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer , or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein m ay be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, 16 -7- discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City sha ll not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensatio n laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all 17 -8- personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5.INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6.INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7.RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer , or assigned designee, of said fact, circumstance, technique, or event and the estimated 18 -9- increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maint ained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital render ings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and 19 -10- Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft 20 -11- documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 21 -12- 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services re quired by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer , or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting 22 -13- Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer , or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the 23 -14- appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Tony Ulloa Deputy Director, Public Works 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: National Plant Services, Inc, Attention: Dennis Keene President 1461 Harbor Avenue Long Beach, CA 90813-2741 24 -15- 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 25 -16- 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] 26 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON MCMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Dennis Keene Title: President ATTEST: MONIKA RADEVA, City Clerk La Quinta, California By: _____ Name: Jeff Garcia Title: Vice President APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 27 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: City wide storm drain maintenance as requested, including but not limited to: cleaning of sewer lines, debris removal and disposal, drain cleaning and inspection, laser inspection, sonar inspection, LiDAR inspection, industrial plant cleaning, specialty cleaning/mechanical cleaning, smoke testing, flow monitoring, line grouting, spot repairs, lateral lining from the mainline, and top hats (lateral seals). 28 Exhibit A Page 2 of 5 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City 29 Exhibit A Page 3 of 5 TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its el ected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 30 Exhibit A Page 4 of 5 damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a)Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b)City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c)in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5.Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 31 Exhibit A Page 5 of 5 bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)adequate facilities for the proper inspection and maintenance of all safety measures. 6.Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 32 Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Fifty Thousand Dollars ($50,000.00) (“Contract Sum”) per year for the life of the agreement encompassing any initial and extended terms. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $50,000.00 “Not to exceed” Year 2: $50,000.00 “Not to exceed” Year 3: $50,000.00 Possible Extended Term: “Not to exceed” Year 4: $50,000.00 “Not to exceed” Year 5: $50,000.00 33 -2- 34 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. 35 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 36 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $5,000,000 (per accident) Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $5,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may 37 Exhibit E Page 2 of 6 be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracti ng Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agre ement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. 38 Exhibit E Page 3 of 6 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 Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third- party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. 39 Exhibit E Page 4 of 6 Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non -contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agr eements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review option s with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 40 Exhibit E Page 5 of 6 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 41 Exhibit E Page 6 of 6 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 42 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a.Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injur y to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b.Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any li ability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c.Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 43 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negl igent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to 44 Exhibit F Page 3 of 3 those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agre ement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 45 46 ATTACHMENT 2 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Desert Concepts Construction, Inc. (“Contracting Party”). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide On-Call Public Works Maintenance Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if an y, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expe nse such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, 47 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from 48 -3- the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two-Hundred Thousand Dollars ($200,000) (the “Contract Sum”), per year for the life of the agreement encompassing any initial and extended terms, except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of 49 -4- Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer , or assigned designee, pursuant to Section 1.7 of this Agreement. 3.PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the 50 -5- time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer , or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 1, 2022, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Name: Julio Castro Tel No: 760-200-9007 E-mail: mail@desertconcepts.net (b) Name: Tel No: Email: 51 -6- It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”, otherwise known as Dianne Hansen, Management Analyst, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer , or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, 52 -7- discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all 53 -8- personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer , or assigned designee, of said fact, circumstance, technique, or event and the estimated 54 -9- increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, re ports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shal l be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and 55 -10- Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer , or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft 56 -11- documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8.ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal juri sdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured , provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 57 -12- 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer , or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting 58 -13- Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer , or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the 59 -14- appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Dianne Hansen Management Analyst 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: DESERT CONCEPTS CONSTRUCTION, INC. Attention: Julio Castro President 79-775 Ave 40 Indio, CA 92203 60 -15- 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 61 -16- 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] 62 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON MCMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Julio Castro _____ Title: President ATTEST: MONIKA RADEVA, City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 63 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: 64 Exhibit A Page 2 of 5 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1.Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY - 65 Exhibit A Page 3 of 5 FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8)hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2.Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement. 3.Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 66 Exhibit A Page 4 of 5 damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 67 Exhibit A Page 5 of 5 bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 68 Exhibit C Page 1 of 3 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two-Hundred Thousand Dollars ($200,000.00) (“Contract Sum”) per year for the life of the agreement encompassing any initial and extended terms. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $200,000.00 “Not to exceed” Year 2: $200,000.00 “Not to exceed” Year 3: $200,000.00 Possible Extended Term: “Not to exceed” Year 4: $200,000.00 “Not to exceed” Year 5: $200,000.00 69 -2- 70 -3- Exhibit C Schedule of Performance Contracting Party shall complete services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. 71 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 72 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $5,000,000 (per accident) Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $5,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may 73 Exhibit E Page 2 of 6 be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. 74 Exhibit E Page 3 of 6 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 Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third- party general liability coverage required here in to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. 75 Exhibit E Page 4 of 6 elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8.It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non -contributing basis in relation to any other insurance or self-insurance available to City. 9.Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agree ments with subcontractors and others engaged in the project will be submitted to City for review. 10.Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11.The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving 76 Exhibit E Page 5 of 6 the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 77 Exhibit E Page 6 of 6 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 78 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injur y to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 79 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d.Indemnification Provision for Design Professionals. 1.Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2.Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to 80 Exhibit F Page 3 of 3 those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 81 82 ATTACHMENT 3 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and PWLC II, Inc. (“Contracting Party”). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide On-Call Public Works Maintenance Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, 83 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from 84 -3- the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two-Hundred Thousand Dollars ($200,000) (the “Contract Sum”), per year for the life of the agreement encompassing any initial and extended terms, except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensatio n 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 85 -4- Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Dire ctor, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the 86 -5- time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer , or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 1, 2022, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Name: Paul Rasmussen Tel No: 760-323-9341 E-mail: paulr@pwlc2.com (b) Name: Tel No: Email: 87 -6- It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”, otherwise known as Dianne Hansen, Management Analyst, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer , or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, 88 -7- discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all 89 -8- personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer , or assigned designee, of said fact, circumstance, technique, or event and the estimated 90 -9- increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, re ports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shal l be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and 91 -10- Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer , or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft 92 -11- documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shal l continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cure d, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 93 -12- 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer , or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting 94 -13- Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9.CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer , or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the 95 -14- appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Dianne Hansen Management Analyst 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: PWLC II, Inc. Attention: Paul Rasmussen President P.O. Box 848 Thousand Palms, CA 92276 96 -15- 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 97 -16- 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] 98 -17- IN WITNESS WHEREOF, the parties have executed this Agreement a s of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON MCMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Paul Rasmussen Title: President ATTEST: MONIKA RADEVA, City Clerk La Quinta, California By: Name: Title: ____ APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 99 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: Landscape maintenance that is considered additional work outside of the landscape maintenance contracts for the Landscape and Lighting Assessment District 89-1 and for Citywide Parks. Additional work for landscape maintenance renovations may include: • Tree removal and replacement • Palm tree removal and replacement • Irrigation repair and/or modification • Plant removal and replacement • Ground cover replacement • Debris removal/disposal • Minor street sweeping The contractor may also perform periodic services such as: • Sports fields maintenance: o Improvement of turf conditions o Leveling of outfields • Weed abatement at City properties not included in landscape maintenance contract service areas. Note: The City may choose to supply materials needed for any additional landscape maintenance projects. 100 Exhibit A Page 2 of 5 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1.Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY - 101 Exhibit A Page 3 of 5 FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 102 Exhibit A Page 4 of 5 damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 103 Exhibit A Page 5 of 5 bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)adequate facilities for the proper inspection and maintenance of all safety measures. 6.Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 104 Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two-Hundred Thousand Dollars ($200,000.00) (“Contract Sum”) per year for the life of the agreement encompassing any initial and extended terms. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $200,000.00 “Not to exceed” Year 2: $200,000.00 “Not to exceed” Year 3: $200,000.00 Possible Extended Term: “Not to exceed” Year 4: $200,000.00 “Not to exceed” Year 5: $200,000.00 105 -2- Hourly Labor Rates: 106 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. 107 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 108 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $6,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $5,000,000 (per accident) Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $5,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may 109 Exhibit E Page 2 of 6 be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to , a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event a ny of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. 110 Exhibit E Page 3 of 6 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 Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third- party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edi tion prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. 111 Exhibit E Page 4 of 6 Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 112 Exhibit E Page 5 of 6 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 113 Exhibit E Page 6 of 6 18.These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19.The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20.Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21.Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 114 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a.Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b.Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c.Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 115 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to 116 Exhibit F Page 3 of 3 those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 117 118 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH WILLDAN FINANCIAL SERVICES, INC., FOR ANNUAL LEVY ADMINISTRATIVE SERVICES FOR LIGHTING & LANDSCAPE ASSESSMENT DISTRICT 89-1 RECOMMENDATION Approve an Agreement for Contract Services for Annual Levy Administrative Services with Willdan Financial Services, Inc., for Lighting & Landscape Assessment District 89-1; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •The City annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within the Lighting & Landscape Assessment District No. 89-1 (L&L). •On April 11, 2022, a Request for Proposals (RFP) was posted for Annual Levy Administrative Services for the L&L. After a formal RFP process, Willdan Financial Services (Willdan) was selected as the most qualified firm. FISCAL IMPACT The cost would be $12,500 per year, the initial Contract Agreement term is for three years and may be extended for an additional two years; for a total of five years or $62,500; funds are available in the L&L administration budget account (215-7004-60102). BACKGROUND/ANALYSIS The City annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within L&L. The assessments for the L&L provide a special benefit to the land parcels assessed. These services are necessary for roadway safety, water retention, and visual aesthetics. Services include preparation of the Annual Engineer’s Report to include a description of all zones/subzones, fiscal year budget summary, method of fee application (fo rmula for spreading levy), and each parcel’s levy estimate. On April 11, 2022, an RFP was posted for Annual Levy Administration Services for the L&L. Three proposals were received in response to the RFP; dta Finance; CONSENT CALENDAR ITEM NO. 2 119 Webb Municipal Finance and Willdan Financial Services. Willdan was selected as the most qualified firm. ALTERNATIVES Council could direct staff to re-advertise for Annual Levy Administrative Services for the L&L. However, staff does not recommend this approach. Prepared by: Dianne Hansen, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1.Agreement for Contract Services 120 ATTACHMENT 1 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Willdan Financial Services, Inc. (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide Annual Levy Administrative Services for the Lighting & Landscape Assessment District 89-1 as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance 121 -2- of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services 122 -3- without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Twelve-Thousand, Five Hundred Dollars ($12,500) per year for the life of the Agreement, encompassing the initial and any extended terms. (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for 123 -4- reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer , or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the 124 -5- time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, a nd the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer , or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2022, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”) and executed in writing. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a)Name: Daniel Louie, Project Manager E-mail: DLouie@wiildan.com (b)Name: Gladys Medina, Vice President Email: GMedina@Willdan.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 125 -6- Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”, otherwise known as Dianne Hansen, Management Analyst, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer , or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent 126 -7- contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a p artner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employe r contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employee s. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 127 -8- 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5.INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6.INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7.RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer , or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 128 -9- 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided b y Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. 129 -10- Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City o f any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer , or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 130 -11- by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 131 -12- 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, o r remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer , or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold 132 -13- any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whethe r legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer , or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association 133 -14- in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Dianne Hansen Management Analyst 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: Willdan Financial Services, Inc. Attention: Daniel Louie Project Manager 27368 Via Industria, Suite200 Temecula, CA 92590 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. 134 -15- 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity o r unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver 135 -16- 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] 136 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Gladys Medina Title: Vice Presidnet ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 137 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: Coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. • Review and assist with the preparation of district budgets, and coordinate with City staff to ensure accurate accounting and recovery of all costs. Assist City staff with the incorporation of the actual maintenance costs into the district budget to achieve maximum cost-to-benefit equity. • Be available, as needed at the City’s discretion, to meet with City staff to discuss district administration, budgeting, method of fee application, levy, or other related topics. • Update and maintain a parcel database utilizing parcel information from the current County Assessor’s Office secured roll. • Attend City Council meetings, and public hearing, and be available to answer questions, as requested by City staff. • Prepare the Annual Engineer’s Report (Report) to include a description of all zones/subzones, fiscal year budget summary, method of fee application (formula for spreading levy), each parcel’s levy estimate, and boundary diagram; and present Report to City staff to review and approve. Revise Report, as directed by staff, prior to City Council action. • Prepare resolutions, as necessary. • Prepare and present the Report to City staff to review and approve. • Modify Report and roll, as directed by the City Council (if necessary). • Upload data (following district public hearing and adoption of the Resolution to Levy) that is compatible with the County’s computer system for entering individual parcel levy amounts on tax bills. • Provide the City with two (2) bound copies of the final Report and assessment roll. • Assist with appeals’ procedure and make necessary database revisions. • Revise parcel numbers (upon receipt of a County parcel exceptions list) and report the remaining levy amounts to the County. • Act as primary contact in answering property owner questions regarding special assessments, Assessment Districts, noticing procedures, tax bills, etc. • Provide continual, year-round administrative counseling to the City as needed. • Provide annexation procedures for any new areas to be added to the district 138 Exhibit A Page 2 of 5 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY - 139 Exhibit A Page 3 of 5 FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8)hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effe ctuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2.Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement. 3.Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 140 Exhibit A Page 4 of 5 damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, o f any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 141 Exhibit A Page 5 of 5 bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 142 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Twelve-Thousand, Five Hundred ($12,500) (“Contract Sum”). the Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 143 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, from February through October of each year. 144 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 145 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. 146 Exhibit E Page 2 of 6 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically incl ude work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 147 Exhibit E Page 3 of 6 E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 148 Exhibit E Page 4 of 6 agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primar y, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 149 Exhibit E Page 5 of 6 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or 150 Exhibit E Page 6 of 6 new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contract ing Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 151 Page 7 of 38 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a.Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contractin g Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b.Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c.Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only 152 Page 8 of 38 a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d.Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2.Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3.Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 153 Page 9 of 38 INSURANCE REQUIREMENTS ACKNOWLEDGEMENT Must be executed by proposer and submitted with the proposal I, ________________________________________ (name) hereby acknowledge and confirm that __________________________________ (name of company) has reviewed the City’s indemnification and minimum insurance requirements as listed in Exhibits E and F of the City’s Agreement for Contract Services (Attachment 1); and declare that insurance certificates and endorsements verifying compliance will be provided if an agreement is awarded. I am _________________________________ of ______________________________, (Title) (Company) Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence); $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Worker’s Compensation (per statutory requirements) Must include the following endorsements: Worker’s Compensation Waiver of Subrogation Worker’s Compensation Declaration of Sole Proprietor if applicable 154 Page 10 of 38 NON-COLLUSION AFFIDAVIT FORM Must be executed by proposer and submitted with the proposal I, ________________________________________ (name) hereby declare as follows: I am _________________________________ of ______________________________, (Title) (Company) the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the agreement of anyone interested in the proposed agreement; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative hereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Proposer Signature: __________________________________________________ Proposer Name: __________________________________________________ Proposer Title: __________________________________________________ Company Name: __________________________________________________ Address: __________________________________________________ 155 Page 11 of 38 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA Must be executed by proposer and submitted with the proposal; If no addenda has been issued, mark “N/A” under Addendum No. indicating Not Applicable and sign ADDENDUM NO. SIGNATURE INDICATING RECEIPT 156 Page 12 of 38 EVALUATION CRITERIA Firm: ______________________________ Reviewer: ______________________________ Date: _______________ Refer to Scoring Breakdown on next sheet. Category Max Pts Score Understanding of work to be done 25 Staffing and Scope of Work 20 Pertinent Project Experience 15 Schedule 15 Format/Organization 10 Cost 10 Intangible Qualities (Overall ability to operate a large-scale facility) 5 Total 100 Unique Qualities (Intangibles): (Explanation)________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Comments: _________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ TOTAL ______ Reviewer’s Signature ______________________________________ Contract Administrator's Initials _________ Date ________________ 157 Page 13 of 38 Scoring Breakdown: Understanding of work to be done - 25 points maximum 0-8: Scope of work is off topic or is missing more than 5 key elements. 9-17: Scope of work is understandable but missing a few key elements. 18-25: Scope of work well justified and most or all key elements are included. Staffing and Scope of Work - 20 points maximum 0-8 points: Staffing is not clearly listed or does not match scope of work proposed. 9-15 points: Staffing is included but experience is not relevant or similar. 16-20 points: Staffing is included, matches the scope of work, and experience is relevant. Pertinent Project Experience - 15 points maximum 0-4 points: Firm does not include previous experience or has very minimal experience. 5-10 points: Firm lists previous experience, but experience is not relevant or similar. 11-15 points: Firm lists relevant previous experience with similar work. Schedule - 15 Points Maximum 0-4 points: Schedule is missing key components and is unreasonable 5-10 points: Schedule is reasonable but missing key components 11-15 points: Schedule is reasonable and has all key components Format/Organization - 10 points maximum 0-4: Scope of work is not or barely organized into tasks and subtasks, does not flow clearly. 5-7: Scope of work is organized into tasks and subtasks, but not in a clear logical order. 8-10: Scope of work is well organized into logical tasks and subtasks to complete a project. Cost - 10 points maximum 0-4 points: Firm rates significantly vary from standard rates for similar services, and/or there are significant errors in calculations. 5-7 points: Firm rates vary from standard rates for similar services and/or there are minor errors in calculations. 8-10 points: Firm rates are within standard rates for similar services. Intangible Qualities - 5 points maximum Intangible qualities are those traits or abilities that are not included in the above categories. 158 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC. FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION FOR POOL AND WATER FEATURE MAINTENANCE SERVICES PROJECT NO. 2020-11 RECOMMENDATION Approve Amendment No. 2 to Agreement for Contract Services with Ocean Springs Tech, Inc. for a one-year term extension for pool and water feature maintenance services, in an amount not to exceed $87,768; and authorize the City Manager to execute the Contract. EXECUTIVE SUMMARY The City contracts pool and water feature maintenance services (maintenance services) for its pool and water feature. On August 2, 2020, City Council awarded a Contract Services Agreement (Agreement) for maintenance services to Ocean Springs Tech, Inc. (Ocean Springs). The initial term was for 10 months of service, total Agreement amount of $65,100. On May 18, 2021, Council approved Amendment No. 1 for the first one-year term extension and a 5% increase of $3,906 in compensation, total Agreement amount of $82,026. Amendment No. 2 (Attachment 1) proposes the second one-year term extension through June 30, 2023, and a 7% increase of $5,742 in compensation for a total not to exceed amount of $87,768. FISCAL IMPACT The total contract cost for fiscal year 2022/23 would be $87,768 for 12 months of service and includes a 7% compensation increase of $5,742. The annual cost is allocated between funds for Fritz Burns Pool (101-3005-60184) and the La Quinta Park water feature (101-3005-60554). These costs are currently included within the draft Fiscal Year 2022/23 City operating budget. CONSENT CALENDAR ITEM NO. 3 159 Total Contract 2020/21 Contract Amount $ 65,100 2021/22 Additional two months of service $ 13,020 Amendment No 1 $ 3,906 Amendment No 2 $ 5,742 2022/23 Contract Amount (12 Months) $ 87,768 BACKGROUND/ANALYSIS The City pool is located at Fritz Burns Park and the water feature at La Quinta Park. Typically, maintenance services are provided seven days per week during the season and three days per week in the off season. On August 2, 2020, City Council awarded the maintenance services to Ocean Springs. The initial contract was for a ten-month period, at $65,100, with an option of four (4) one-year extensions. On May 18, 2021, City Council approved Amendment No. 1 which proposed a one-year term extension and a 5% increase of $3,906, total Agreement amount of $82,026. Amendment No 2 proposes a one-year contract extension and a 7% increase of $5,742, total Agreement amount $87,768 which budgets for services seven days per week for twelve-months. ALTERNATIVES Council may direct staff to prepare new bid documents and specifications to advertise for Citywide Pool & Water Feature Maintenance services. However, that may cause a delay in services. Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works/Engineering Director Attachment: 1. Amendment No. 2 160 ATTACHMENT 1 AMENDMENT NO. 2 TO AGREEMENT WITH OCEAN SPRINGS TECH, INC. PROJECT NO. 2020-11 This Amendment No. 2 (“Amendment No. 2”) to the Contract Services Agreement (“Agreement”) is made and entered into as of the 1st day of July 2022 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and OCEAN SPRINGS TECH, INC. (“Contracting Party”). RECITALS WHEREAS, on or about July 1, 2020, the City and Contracting Party entered into an Agreement to provide Pool & Water Feature Maintenance services Project No. 2020-11, for a total not to exceed price of $65,100 (ten months of service). The term of the Agreement expired on June 30, 2021; and WHEREAS, on May 18, 2021, City Council approved Amendment No. 1 which proposed the first one-year term extension and a 5% increase of $3,906 in compensation, total Contract Agreement amount $82,060. WHEREAS, Amendment No. 2, Section 2.1 – Contract Sum, shall be amended by up to an additional $87,768 for monthly maintenance seven days per week for the 2022/23 FY, which includes a 7% increase of $5,742, for a total not to exceed amount of $234,928; and WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for the second one-year term extension in accordance with Section 3.4 - Term, from July 1, 2022 to June 30, 2023 (“Extended Term”); and NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.1: Contract Sum is amended by up to an additional $87,768, for a total not to exceed amount of $234,928 as listed in revised “Exhibit B”, attached hereto, and incorporated herewith by this reference: 161 Rev. 7/28/2017 Initial Term (July 1, 2020 – June 30, 2021) $65,100 Extended Term (July1, 2021 – June 30, 2022) $82,026 Extended Term (July 1, 2022- June 30, 2023) $87,768 Total not to exceed amount: $234,928 2.Section 3.4; Term, is extended for one additional year from July 1, 2022 to June 30, 2023 (“Extended Term”), unless earlier terminated in accordance with Sections 8.8 or 8.9 of the Agreement, In all other respects, the original Agreement shall remain in effect. 162 Rev. 7/28/2017 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 2 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation ____ Dated: JON McMILLEN, City Manager City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___ WILLIAM H. IHRKE, City Attorney City of La Quinta, California CONTRACTING PARTY: __________________________ [Pool & Water Feature Maintenance] By: Name: Armando Rodriguez Title: President 163 Rev. 7/28/2017 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Eighty-Seven Thousand, and Seven Hundred Sixty-Eight Dollars ($87,768) (“Contract Sum”) in the 2022/23 Fiscal Year. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. CONTRACT SUMMATION DESCRIPTION FRITZ BURNS PARK 78080 FRANCES HACK LANE MONTHLY PRICE ANNUAL PRICE POOL – Service 7 Days per Week $5,460 $65,523 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE Service 7 Days Per Week $1,854 $22,245 Total: $7,314 $87,768 DESCRIPTION FRITZ BURNS PARK 78080 FRANCES HACK LANE MONTHLY PRICE ANNUAL PRICE POOL – Service 3 Days per Week $2,191 $26,290 LA QUINTA PARK 79120 BLACK HAWK WAY SPLASH PAD WATER FEATURE Service 3 Days Per week $843 $10,111 Total: $3,034 $34,401 164 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE CHANGE ORDER NO. 4 TO CONTRACT WITH VINTAGE ASSOCIATES, INC. FOR PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION RECOMMENDATION Approve Change Order No. 4 to contract with Vintage Associates, Inc. for Park Landscape Maintenance Services Project No. 2018-32 for a one-year term extension, and a 7% increase in compensation, in an amount not to exceed $878,221 for fiscal year 2022/23; and authorize the City Manager to execute the change order. EXECUTIVE SUMMARY •The City contracts landscape maintenance services for its parks, civic facilities, and retention areas. •May 2019, City Council awarded the Parks Landscape Maintenance Services Contract to Vintage Associates, Inc. (Vintage), total contract amount of $658,260. •May 2020, Council approved Change Order No. 1, which included a one- year term extension and a 15% compensation decrease, total contract amount of $561,420. •April and May 2021, Council approved Change Order’s No. 2 and No. 3 which included a one-year term extension, and a 5% increase in compensation, and annual maintenance for the SilverRock Park Event Site, total contract amount of $721,291 •Change Order No. 4 (Attachment 1) requests a one-year extension through June 30, 2023, a 7% increase in compensation, and additional maintenance areas including the SilverRock retention basin and the X-Park, for a total contract amount of $878,221. FISCAL IMPACT The total contract cost for fiscal year 2022/23 would be $878,221 and includes a 7% increase of $50,490 to the 2021/22 compensation amount, additional maintenance areas for the retention basin of $59,760, and the X-Park of $25,290, and additional overseeding at $20,760. The annual cost is allocated CONSENT CALENDAR ITEM NO. 4 165 between Parks (101-3005-60112), Landscape and Lighting Assessment District 89-1 (215-7004-60112), Library (202-3004-60112), and Museum (202-3006-60112) funds. These costs are currently included within the proposed 2022/23 City operating budget. Total Contract 2019/20 Initial Contract $ 658,260 Change Order No 1: $ (96,840) Change Order No 2: $ 26,750 Change Order No 3: $ 133,121 Change Order No 4: $ 156,930 2022/23 Contract Amount $ 878,221 BACKGROUND/ANALYSIS Park landscape maintenance service provides for daily cleaning and weekly maintenance of all landscaped areas located around civic facilities and within City parks, trails, natural areas, and retention basins. Change Order No. 4 proposes a one-year term extension, a 7% increase of $50,490 in compensation to the 2021/22 contract sum, additional maintenance areas for the retention basin $59,760; and X-Park $25,920; and overseeding at $20,760; total contract amount $878,221. Staff recommends this contract extension based on the contractor’s performance, and response times to address issues in the parks. ALTERNATIVES Council may direct staff to prepare new bid documents and specifications to advertise for Citywide park landscape services. However, that may cause a delay in services. Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 4 166 Sheet 1 of 1 AGREEMENT: CITYWIDE PARK LANDSCAPE MAINTENTANCE SERVICE PROJECT NO. 2018-32 CONTRACTOR: VINTAGE ASSOCIATES, INC. CHANGE ORDER NO. 4 *************************************************************** Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plan s and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. *************************************************************** DESCRIPTION OF CHANGE 1.As provided in Section 1240 - the Contract sum is amended as follows: the total agreement amount of $721,291 is increased to $878,221 which includes a 7% increase of $50,490, and additional service areas at the SilverRock Event park retention basin $59,760, and the X-Park perimeter $27,920 1. 2.Section 3000; 7.0 Turfgrass, C. Winter Over-seeding, revised to Winter over-seeding will only occur at Civic Center Campus, Adams park and retention basin, Fritz Burns, La Quinta Park picnic area, Event park, three dog parks, the YMCA, and Monticello park and Seasons retention basin. $20,760 3.As provided in Section 2000, 2.0, Contract Terms; the City and Contractor agree to extend the term of the contract for the third one-year extension, commencing on July 1, 2022, thru June 30, 2023. ********************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: 07/01 /2022 ********************************************************************* Submitted By: Date: Approved By: Date: *************************************************************** We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: President Print Name: Kyle Gritters Print Company: VINTAGE ASSOCIATES, INC Previous Agreement Amount Through Change Order No. 3_ $ 721,291 Add This Change Order $ 50,490 Add This Change Order $ 59,760 Add This Change Order $ 27,920 Add This Change Order $ 20,760 Revised Agreement Total $ 878,221 ATTACHMENT 1 167 168 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. TO EXTEND CONTRACT FOR TWO ADDITIONAL YEARS FOR ON-CALL PLANNING SERVICES RECOMMENDATION Approve Amendment No. 3 to Agreement for Contract Services with Terra Nova Planning & Research, Inc. to extend contract for two additional years for on- call planning services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •Terra Nova Planning & Research, Inc. (Terra Nova) is currently contracted with the City to provide on-call planning services during peak workloads and as needed for expertise on special and complex planning projects. The contract has been amended twice, first in May 2020 to add $69,975 to the contract amount for housing and safety element general plan updates and second in July 2021 to add $10,000 to the contract amount for increased workload. The contract expires June 30, 2022. •Proposed Amendment No. 3 (Attachment 1) will extend the term another two years and increase the total contract amount to $90,000 to assist with planning entitlement applications and associated environmental documentation. FISCAL IMPACT The current three-year contract with Terra Nova is a not-to-exceed amount of $60,000 annually, with an option to extend for two additional years. The amendment would extend the contract two years and add $30,000 for a not- to-exceed amount of $90,000 per year. Funds are proposed to be budgeted in the Planning Division Professional Services budget for FY 22/23 for these services (101-6002-60103). BACKGROUND/ANALYSIS Terra Nova currently provides on-call planning services to the City and is an extension of staff to process complex entitlement applications, including but CONSENT CALENDAR ITEM NO. 5 169 not limited to General Plan Amendments, Zone Changes, Specific Plans, Site Development Permits, Tentative Tract Maps and associated environmental documentation. The current on-call contract is for a period of three-years, with option to extend two years. The current contract expires June 30, 2022. Staff is requesting an extension for two additional years and an increase in contract amount to assist with the increased workload (planning and development entitlement applications) the Planning Division has experienced over the last year (Attachment 2). Staff anticipates this increased workload will continue into the next two years. Planning Division has budgeted $90,000 for the 2022/23 fiscal year for the increase in contract amount. ALTERNATIVES Council may elect not to approve the Amendment. Prepared by: Cheri L. Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Amendment No. 3 to Agreement for Contract Services 2. Planning Division 2021 Quarterly Reports 170 ATTACHMENT 1 AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT WITH TERRA NOVA PLANNING AND RESEARCH, INC. This Amendment No. 3 to Contract Services Agreement (Agreement) is made and entered into as of the ______ day of June 2022 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and TERRA NOVA PLANNING AND RESEARCH INC., a Corporation (“Contracting Party”). RECITALS WHEREAS, on or about September 9, 2019, the City and Contracting Party entered into an Agreement to provide on-call planning services for the City. The term of the Agreement expires on June 30, 2022; and WHEREAS, on June 16, 2020, the City and Contracting Party executed Amendment No. 1, to include additional services relating to preparing an update to the Housing, Land Use, and Safety Elements of the General Plan, and increased the Contract Sum by an additional $69,975 per year for fiscal years 2020/21 and 2021/22; and WHEREAS, on or about June 1, 2021, the City and Contracting Party amended the not to exceed compensation amount by $10,000 for fiscal year 2020/21 due to an increase in workload for complex entitlement projects that required more processing time, and amended Section 2.1 Contract Sum to reflect this change; and WHEREAS, the City and Contracting Party mutually agree to extend the contract by two years (Extended Term) and increase the not to exceed compensation amount by $30,000 over the Extended Term, for fiscal years 2022/23 and 2023/24, due to an increase in workload for planning entitlement applications and associated environmental documentation, and amend Section 2.1 Contract Sum to reflect this change. 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: 171 1.Section 2.1 Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in a total amount not to exceed Four Hundred Thirty-Nine Thousand Nine Hundred Seventy-Five Dollars ($439,975.00) for the life of the Agreement, which includes Ninety Thousand Dollars ($90,000.00) per year for the Extended Term covering Fiscal Years 2022/23 and 2023/24 ("Contract Sum"), except as provided in Section 1.7. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 3 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation ____ Dated: JON MCMILLEN, City Manager City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 172 CONSULTANT: TERRA NOVA PLANNING & RESEARCH, INC. [Corporation] By: Name: Nicole Sauviat Criste Title: Principal 173 Exhibit A With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is as noted in detail below per fiscal year and service types, for a total not to exceed amount of $439,975 (“Contract Sum”) for the life of the Agreement encompassing the initial and any extended terms. The Contract Sum shall be paid to Contracting Party identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: Not to Exceed: FY 2019/20 On-Call Planning Services $60,000 FY 2020/21 On-Call Planning Services $70,000 FY 2021/22 On-Call Planning Services $60,000 FY 2020/21 & 2021/22 General Plan Update $69,975 Initial Term Total: $259,975 Optional 2-Year Term Extension: Not to Exceed: FY 2022/23 On-Call Planning Services $90,000 FY 2023/24 On-Call Planning Services $90,000 Extended Term Total: $180,000 _______________________________ Total Not to Exceed: $439,975 174 PLANNING The Planning Division administers the zoning and development standards and works with residential/commercial developers, architects, builders, and businesses to ensure development is consistent with the La Quinta Zoning Code and General Plan. Planning staff coordinates with Planning Commission, which primary function is to develop and maintain the City’s General Plan, consider development applications, as well as to serve as an advisory body to the City Council.Planning PermitsIncludes sign permits, temporary use,minor use, landscaping plans.Recommended City Council approval of the Jefferson Apartments project, a forty unit residentialapartment project on the southeast corner of Jefferson Street and Palm Circle DriveApproved a Conditional Use Permit for an AT&T monopalm wireless telecommunication facilitywithin the existing Extra Space Storage facilityRecommended City Council approval of Pavilion Palms commercial development project locatedat northwest corner of Jefferson Street and Avenue 50Planning Commission Planning ApprovalsApproved a Modification by Applicant for a new entrance for Grocery Outlet at the corner ofWashington Street and Calle TampicoApproved a Modification by Applicant for exterior paint change at existing Home DepotApproved a Special Event Permit for the American Express private golf tournament at PGA WestApproved Minor Use Permits for model home complexes at Griffin Ranch, Carmela, andSignature at PGA West Residential developmentsApproved Final Landscape Plans for SilverRock Montage Meeting and Conference Center andSilverRock Golf ClubhouseApproved Tentative Parcel Map to subdivide the 1.88-acre parcel into two (2) parcels within theMadison Club residential developmentApproved a Final Landscape Plan for the Silverrock Pendry HotelApproved a Minor Adjustment to allow for a 10% increase in maximum height for a patio coverfor an existing single-family homeApproved a Minor Adjustment to increase the allowable bedroom square footage by 10% for anexisting single-family home Approved a Temporary Use Permit to allow for a temporary relocatable trailer on Calle Cadiz for a private artwork studio within the Village Commercial zone. Planning Staff Planning Permit/Project Applications Submitted15511141620010202020 2021January 2020 2021February 2020 2021March ATTACHMENT 2 175 Above: New 2,800 sq ftDrive-thru StarbucksLeft: Starbucks at Northwest Corner ofCalle Tampico and WashingtonRight:StarbucksOutdoor PatioDiningAbove: RD RNNR Outdoor Patio Modificationby Applicant Below: RD RNNR Al Fresco Dining 176 PLANNING The Planning Division administers the zoning and development standards and works with residential/commerical developers, architects, builders, and businesses to ensure development is consistent with the La Quinta Zoning Code and General Plan. Planning staff coordinates with Planning Commission, whose primary function is to develop and maintain the City’s General Plan, consider development applications, as well as to serve as an advisory body to the City Council.Planning PermitsIncludes sign permits, temporary use,minor use, landscaping plans.Planning ApprovalsModification by Applicant to revise architectural elevations for Centre at La Quinta residential developmentModification by Applicant to update architectural plans for the existing Stone Creek residentialdevelopment located south of Avenue 58, east of Lake CahuillaSite Development Permit for an expansion to the existing Extra Space Storage facility located along AdamsStreet, north of Highway 111Special Event Permit for a used oil and oil filter exchange event at AutoZoneFinal Landscape Plan for Signature at PGA West single-family residential front yard typicalsModification by Applicant and Minor Adjustment for architectural changes and 10% adjustment to side,front, and rear yard setbacks for Coral Mountain at PGA WestModification by Applicant to allow for repainting of the exterior of the existing In-N-Out on Hwy 111Minor Adjustment for a 10% rear yard setback adjustment for a single-family home at 54050 AvenidaMendozaSign Program Amendment to facilitate signage for the new Grocery Outlet located on the northwest cornerof Calle Tampico and Washington StreetMinor Use Permit for a recycling center facility located in the existing Costco shopping center parking lotMinor Use Permit for a Veterinary Clinic inside tenant space in the existing WalmartMinor Adjustment for a 10% adjustment to increase the maximum height for a retaining wall at 52920Latrobe LaneModification by Applicant and Final Landscape Plan for existing Carmela Residential development to modifythe plant palette for front yard landscapingModification by Applicant for storefront and loading dock changes at an existing commercial building at78945 Highway 111Minor adjustment for a 10% adjustment to the front yard setback for a guesthouse located at 44870 ViaMirabelPlanning Staff ApprovalsPlanning Permit/Project Applications Submitted3551410 1420202021AprilMayJune01020 177 PLANNING The Planning Division administers the zoning and developmentstandards and works with residential and commercial developers,architects, builders, and businesses to ensure that development isconsistent with the La Quinta Zoning Code and General Plan.Planning staff coordinates with the Planning Commission, whichprimary function is to develop and maintain the City’s General Plan,consider development applications, as well as to serve as an advisorybody to the City Council.PermitsIncludes signs, temporary use, minor use, and landscaping plans.Planning ApprovalsMinor Use Permits for cell tower modifications at 78136 Francis Hack Lane, 78788 Highway 111, and79120 Corporate Centre DriveFinal Landscape Plan for landscaping on Adams Street for the Centre projectA 10% adjustment to a front and exterior yard setback for a new patio cover at 53535 Avenida HerreraModification by Applicant for new architectural elevations within the Centre Residential DevelopmentMinor Use Permit for a Sales and Design Center within AndalusiaSign Program Amendment for new signage for existing Stater BrothersMinor Adjustment for a 10% adjustment to setbacks and garage dimensions for a new garage at 51735Avenida HerreraMinor Use Permit for a model site with sales office within Stone Creek developmentFinal Landscape Plan for new Pickleball courts at the La Quinta Country ClubMinor Adjustment for multiple lots within Stone Creek Ranch to decrease front yard setbacksFinal Landscape Plans for front yard typicals within Andalusia Country Club and Cantera.Planning StaffPlanning Permit Applications Submitted621485620202021JulAugSep01020Site Development Permit amendment for design changes for the condominium portion of the Signatureat PGA West ProjectSite Development Permit for The Peak Project, a three story mixed use project within the Village thatconsists of commercial on the ground floor and eight (8) residential units aboveTentative Tract Map to create a condominium map for an existing building at 47120 Dune Palms RoadTentative Tract Map for the Pendry Bungalows map, within the Talus development, for 10 residential lotsPlanning Commission ProjectsIncludes zoning changes, tract maps,site developments, and parcel maps. Planning Project Applications Submitted3291051120202021JulAugSep01020 178 New Businesses atLa Quinta Village Shopping CenterBASIL THAI50855 Washington StreetLOS ARCOS50855 Washington Street GROCERY OUTLET50929 Washington Street 179 PLANNING The Planning Division administers the zoning and developmentstandards and works with residential and commercial developers,architects, builders, and businesses to ensure that development isconsistent with the La Quinta Zoning Code and General Plan.Planning staff coordinates with the Planning Commission, whichprimary function is to develop and maintain the City’s General Plan,consider development applications, as well as to serve as an advisorybody to the City Council.PermitsIncludes signs, temporary use,minor use, and landscaping plans.Planning ApprovalsModification by Applicant to allow for solar roof tiles at the Floresta residential development.Sign Program Amendment to allow for a new sign for VetIQ at the Walmart building. Special Event Permits for Alpha Win Duathlon, La Quinta High School Homecoming Parade, La QuintaArt Celebration, 2021 Ironman, TED Women's Conference at La Quinta Resort, and the AmericanExpress Golf Tour Event.Minor Use Permit for the Cantera residential development for a sales office and model home complex.Certificate of Compliance for Andalusia residential community to certify compliance with the subdivisionmap act and City municipal code. Modification by Applicant to allow for an exterior paint change at Jefferson Square commercial center.Christmas Tree lot at Lowes via Temporary Use Permit.Modification by Applicant to allow for architectural changes and a Minor Adjustment to setbacks tocomplete the Capistrano residential development.Final Landscape Plan to approve landscaping along Adams street, along the Centre at La Quinta project.Sign Program Amendment to the former Sam’s Club program to allow for new indoor storage businesssignage.Minor use Permit to allow for a collocation at a Wireless Telecommunication facility.Minor revision to an approved Final Landscape Plan for the Alta Verde residential development.Planning StaffPlanning Permit Applications Submitted54312131120202021OctNovDec01020On October 26, 2021, Planning Commission approved of a new 4,335 square foot drive through Paneralocated within the 111 Shopping CenterPlanning Commission ProjectsIncludes zoning changes, tract maps,site developments, and parcel maps. Planning Project Applications Submitted1015613520202021OctNovDec01020 180 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH ERIC NELSON DBA RASA FOR ON-CALL MAP CHECKING SERVICES RECOMMENDATION Approve Amendment No. 3 to Agreement for Contract Services with Eric Nelson dba RASA for on-call map checking services, for a total not to exceed amount of $48,000 for fiscal year 2021/22; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •Subdivision Tract and Parcel Maps, legal descriptions and plats for lot line adjustments and parcel mergers must be reviewed by a licensed Land Surveyor for compliance with the Subdivision Map Act, and the Land Surveyor’s Act. •In 2017 Staff solicited proposals for on-call map checking services from qualified firms; RASA was selected as the best qualified firm and a three- year agreement was executed, ending on June 30, 2020. •In 2019 Council approved Amendment No. 1 to extend the contract term through June 30, 2022. •In 2021 Council approved Amendment No. 2 to increase the not to exceed contract amount for fiscal year 2020/2021 to $48,000. •Submittals of maps, lot line adjustments, and parcel mergers have continued to increase in fiscal year 2021/22; Amendment No. 3 requests to increase the not to exceed contract amount for fiscal year 2021/22 from $40,000 to $48,000 due to the increased permit activity. FISCAL IMPACT Funds are available in the 2021/22 Public Works Map / Plan Checking account (101-7002-60183) and in the Consultants account for these services (101- 7002-60104). FISCAL YEAR ANNUAL COMPENSATION Contract Services Agreement 2017-2018 2018-2019 2019-2020 $40,000 $40,000 $40,000 Amendment No. 1 2020-2021 $40,000 CONSENT CALENDAR ITEM NO. 6 181 2021-2022 $40,000 Amendment No. 2 2020-2021 $8,000 Amendment No. 3 2021-2022 $8,000 TOTAL CONTRACT COMPENSATION: $216,000 BACKGROUND/ANALYSIS In September 2017, the City received ten proposals in response to the on-call map checking services request for proposals. Staff reviewed the proposals and RASA was selected as the qualified firm; and a three-year Agreement for Contract Services was executed through June 30, 2020. On December 3, 2019, Council approved Amendment No. 1 to the agreement, extending the term with two additional years, through June 30, 2022, and related additional compensation at $40,000 per fiscal year. On June 1, 2021, Council approved Amendment No. 2 to the agreement, increasing the not to exceed contract amount to $48,000 for fiscal year 2020/2021. On-call map checking services including lot line adjustments and parcel mergers have utilized most of the existing contract authority for fiscal year 2021/22. Additional contract authority in the amount of $8,000 is needed for a total “not to exceed” contract amount for 2021/22 of $48,000. The monthly invoices would be tracked to ensure that the $48,000 annual budget for these services is not exceeded. ALTERNATIVES Council could elect not to approve the amendment. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1.Amendment No. 3 with RASA 182 AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH ERIC NELSON DBA RASA This Amendment No. 3 ("Amendment No. 3") to Agreement for Contract Services (“Agreement”) with Eric Nelson dba RASA is made and entered into as of the 17th day of May 2022 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Eric Nelson DBA RASA (“Contracting Party”). RECITALS WHEREAS, on or about November 1, 2017, the City and Contracting Party entered into a three-year Agreement to provide on-call map checking services; and WHEREAS, the City and Contracting Party executed Amendment No. 1, to extend the Term of the Agreement through June 30, 2022, and allocate additional not to exceed compensation of $40,000 per fiscal year; and WHEREAS, the City and Contracting Party executed Amendment No. 2, to increase the not to exceed compensation amount by $8,000 for fiscal year 2020/2021, and amend Section 2.1 Contract Sum to reflect this change; and WHEREAS, the City and Contracting Party mutually agree to increase the not to exceed compensation amount by $8,000 for fiscal year 2021/2022 due to an increase in permit activity, and amend Section 2.1 Contract Sum to reflect this change. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT NO. 3 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 is amended to read as follows: For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in an amount not to exceed Forty-Eight Thousand Dollars ($48,000) for fiscal year 2021/22; all other fiscal years shall not exceed Forty Thousand Dollars ($40,000); and, for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. ATTACHMENT 1 183 2.“Exhibit B” – Schedule of Compensation is amended as listed in “Exhibit B”, attached hereto and incorporated by this reference. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 3 to the Agreement for Contract Services on the respective dates set forth below. CITY OF LA QUINTA ERIC NELSON dba RASA a California municipal corporation _________ Jon McMillen, City Manager Eric A. Nelson, Principal City of La Quinta, California Dated: ___________________ Dated: ______________ ATTEST: Monika Radeva, City Clerk City of La Quinta, California APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California 184 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Sixty Thousand Dollars ($48,000) for fiscal year 2021/22, all other fiscal years shall not exceed Forty Thousand Dollars ($40,000); and, for the life of the agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1 (FY 2017/18): $40,000 “Not to exceed” Year 2 (FY 2018/19): $40,000 “Not to exceed” Year 3 (FY 2019/20): $40,000 Extended Term: “Not to exceed” Year 4 (FY 2020/21): $48,000 “Not to exceed” Year 5 (FY 2021/22): $48,000 Map Check Compensation Map check payment shall be made in full at the following “fixed fee” rates as specified for Tract Maps and Parcel Maps: Tract Maps $2,000.00 base fee plus $30.00 per lot (Including both lettered and numbered lots) Parcel Maps $1,800.00 base fee plus $300.00 per parcel (Including both lettered and number lots) Lot Line Adjustment $900.00 base fee plus $150.00 fee per line adjusted Parcel Mergers $900.00 for two merging parcels plus $450.00 for each additional parcel Miscellaneous projects, research and reports $145.00 per hour 185 This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be 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 map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 – Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Contracting Party shall be compensated upon the completion of each map 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 Contracting Party shall be compensated based on the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. Contracting Party may be requested to provide additional map checks after the third check. Contracting Party receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Contracting Party also may be requested to provide supplemental map checking, general map consulting services for specific projects for the City or other tasks. Payment shall be made in full at an hourly rate of: $145.00 per hour – no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule 186 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES WITH MERCHANTS BUILDING MAINTENANCE, LLC FOR CITYWIDE JANITORIAL SERVICES RECOMMENDATION Approve Amendment No. 4 to Agreement for Contract Services with Merchants Building Maintenance, LLC for janitorial services, in the amount of $208,599; and authorize the City Manager to execute the Amendment. EXECUTIVE SUMMARY •On June 5, 2018, Council approved a Agreement for Contract Services with Merchants Building Maintenance, LLC. (Merchants) for janitorial services. •The contract expires on June 30, 2022; however, the term allows for four additional one-year extensions. •Amendment No. 4 (Attachment 1) includes additional services. FISCAL IMPACT The total cost for 2022/23 would be $208,599, a 7% or $13,968 increase; the annual cost is allocated between the General Fund, Library, and Museum as follows: 2018/19 2019/20 2020/21 2021/22 2022/23 General Fund (101-3008- 60115) $ 121,816 $ 135,607 $ 133,314 $ 153,304 $ 164,108 Library (202- 3004-60115) $ 29,646 $ 31,733 $ 30,459 $ 32,527 $ 34,130 Museum (202- 3006-60115) $ 7,909 $ 8,376 $ 8,201 $ 8,800 $ 10,361 TOTAL $ 159,371 $ 175,716 $ 171,974 $ 194,631 $208,599 CONSENT CALENDAR ITEM NO. 7 187 BACKGROUND/ANALYSIS On June 5, 2018, Council awarded the citywide janitorial services contract to Merchants. The contract allows for four one-year extensions. In May 2019, Council approved Amendment No. 1 for a one-year extension to year-round janitorial services and included additional services for the Fritz Burns pool building, bi-monthly window cleaning at the Wellness Center, and State mandated prevailing wage increase of $8,759. This amendment resulted in an overall contract increase of $16,345 from the prior fiscal year. In May 2020, Council approved Amendment No. 2 for a one-year extension to year-round janitorial services. This amendment included additional services for the Cove Restroom and State mandated prevailing wage increase of $11,600. To limit contact during the COVID-19 Pandemic, nightly spot vacuum was removed from the schedule, and dusting of desks, chairs, tables, and other office furniture and equipment was amended to take place weekly. This resulted in an overall contract reduction of $3,742, or 2%, from the prior fiscal year. In June 2021, Council approved Amendment No. 3 for a one-year extension for year-round janitorial services with the addition of the Civic Center Park restrooms, the SilverRock event site restrooms, the SilverRock event site building in the amount of $9,828, and State mandated minimum wage increase in the amount of $12,829. This resulted in an overall contract increase of $22,657, or 13%, from FY 2020/21. Amendment No. 4 would include a one-year extension for year-round janitorial services with the addition of year-round service for the Cove restroom, Civic Center Park restrooms, the SilverRock event site restrooms, and as-needed service for the SilverRock event site building. This increases the contract cost by $13,968, or 7%, from FY 2021/22. Based on Merchants performance, staff recommends extending the contract for 2022/23. ALTERNATIVES Council may elect not to approve the amendment and direct staff to re- advertise for citywide janitorial services. Prepared by: Alfred Berumen, Management Analyst Approved by: Tony Ulloa, Deputy Director Attachment: 1. Amendment No. 4 to Contract Services Agreement 188 Page 1 of 6 AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT WITH MERCHANTS BUILDING MAINTENANCE, LLC This Amendment No. 4 (“Amendment No. 4”) to Contract Services Agreement (“Agreement”) is made and entered into as of the 1st day of July 2022 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Merchants Building Maintenance, a Janitorial Service (“Contracting Party”). RECITALS WHEREAS, on or about July 1, 2018, the City and Contracting Party entered into an Agreement to provide janitorial services for City facilities, for a total not to exceed amount of $159,371. The term of the Agreement expired on June 30, 2019; and WHEREAS, the City and Contracting Party executed Amendment No. 1 and mutually agreed to extend the term of the Agreement for one additional year, from July 1, 2019 to June 30, 2020 (“Extended Term”), and amend the scope of services to include year-round maintenance of the Fritz Burns Pool building and bi-weekly window cleaning of the Wellness Center, for additional annual compensation of $175,716, which includes a State mandated prevailing wage increase of $8,759 ($159,371 + $7,586 + $8,759 = $175,716); and WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 – Scope of Services to include year-round maintenance of the Cove Restroom for additional annual compensation of $4,602 pursuant to Section 2.3 Compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum; and WHEREAS, the City and Contracting Party executed Amendment No. 2 and mutually agreed to extend the term of the Agreement for one additional year in accordance with Section 3.4 – Term, from July 1, 2020 to June 30, 2021 (“Extended Term”), and increase Section 2.1 Contract Sum to a total not to exceed amount of $507,061, adding an annual compensation for FY 2020/21 of $171,974, which included a State mandated prevailing wage increase of $11,600 ($160,374 + $11,600 = $171,974); and WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for one additional year, from July 1, 2021 to June 30, 2022 (“Extended Term”), and amend the scope of services to include year- ATTACHMENT 1 189 Page 2 of 6 round maintenance of the Silver Rock Event site restrooms and the Modular Events Building and year-round maintenance of the Civic Center restrooms, for additional annual compensation of $181,802 which includes a State mandated minimum wage increase of $12,829 ($171,974 + $9,828 + $12,829 = $194,631); and WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for one additional year, from July 1, 2022 to June 30, 2023 (“Extended Term”), and amend the scope of services to include year- round maintenance of the Silver Rock Event site restrooms, and the Modular Events Building, year-round maintenance of the Civic Center restrooms, year- round maintenance of the Cove restroom for additional annual compensation of $208,599; and WHEREAS, Section 2.1 – Contract Sum shall be amended by an additional $208,599 to include compensation for the additional service listed above, for a total not to exceed amount of $910,291. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 1.1; Scope of Services is amended pursuant to the attached “Exhibit A,” incorporated herewith by this reference. 2. Section 2.1; Contract Sum is amended by an additional $208,599 for a total not to exceed amount of $910,291 as listed in revised “Exhibit B,” attached hereto, and incorporated herewith by this reference. Initial term (July 1, 2018 – June 30, 2019) $159,371 Extended Term (July 1, 2019 – June 30, 2020) $175,716 Extended Term (July 1, 2019 – June 30, 2020) $171,974 Extended Term (July 1, 2021 – June 30, 2022) $194,631 Extended Term (July 1, 2022 – June 30, 2023) $208,599 Total not to exceed amount: $910,291 190 Page 3 of 6 3.Section 3.4; Term, is extended for one additional year from July 1, 2022, to June 30, 2023 (“Extended Term”), unless earlier terminated in accordance with Sections 8.8 or 8.9 of the Agreement. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 4 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA, MERCHANTS BUILDING a California municipal corporation MAINTENANCE, LLC _______ JON MCMILLEN, City Manager Angel Meza, Regional Vice President City of La Quinta, California Dated: _____________________ Dated: _________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 191 Page 4 of 6 Exhibit A Scope of Services Section 1.1 Scope of Services is amended to include additional services. Additional Services • Civic Center Park Restrooms – Year-round maintenance of restrooms • Cove Restroom – Year-round maintenance • Silver Rock Event Site Restrooms – Year-round maintenance of restrooms • Silver Rock Event Site Building – As needed cleaning schedule 192 Page 5 of 6 Exhibit B Schedule of Compensation With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Amendment No. 4 in Fiscal Year 2022/2023 is Two Hundred Eight Thousand, Five Hundred and Ninety-nine Dollars ($208,599) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in conformance with Section 2.2 of the Agreement. 193 Page 6 of 6 Exhibit B Schedule of Compensation 194 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) RECOMMENDATION Affirm Resolution No. 2021-035 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue to implement teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165). EXECUTIVE SUMMARY Pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361), which waived certain provisions of the Ralph M. Brown Act (Brown Act) and authorized local agencies to hold public meetings via teleconferencing whenever a state of emergency exists that makes it unsafe to meet in person, Council must reconsider the circumstances of the state of emergency every 30 days and affirm the required findings in order to continue to allow teleconference accessibility for public meetings. On September 28, 2021, Council adopted Resolution No. 2021-035 (Attachment 1) making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. FISCAL IMPACT – None. BACKGROUND/ANALYSIS AB 361 was signed into law by the Governor on September 16, 2021, which went into effect immediately as urgency legislation (codified under Government Code § 54953) and waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. Specifically, the bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person. CONSENT CALENDAR ITEM NO. 8 195 In addition, AB 361 added specific procedures and clarified the requirements for conducting remote meetings, including the opportunity for the public to provide public comment in real time; the legislative body shall take no actions during disruptions; and the legislative body, by majority vote, shall determine that meeting in person would present imminent risk to the health or safety of attendees and shall affirm these findings every 30 days, in order to continue to allow teleconference accessibility for conducting public meetings [Government Code § 54953(e)(3)]. AB 361 will sunset on January 1, 2024. The City has implemented procedures for conducting public meetings to ensure full compliance with AB 361. In addition to the ability to attend public meetings in-person, teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform) is listed on the published agenda for each meeting as well as on the City’s website. The City monitors attendance via teleconference as well as email correspondence (as published on the agenda) throughout each public meeting and provides access for public comment opportunities in real time both verbally and in writing. On September 28, 2021, Council adopted Resolution No. 2021-035 making the initially required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. As noted above, Council must reconsider the state of emergency due to COVID-19 every 30 days and affirm the findings under Resolution No. 2021- 035 in order to continue to allow teleconference accessibility for conducting public meetings. September 28, 2021 – Resolution No. 2021-035 adopted October 19, 2021 – findings affirmed November 16, 2021 – findings affirmed December 7, 2021 – findings affirmed December 21, 2021 – findings affirmed January 18, 2022 – findings affirmed February 15, 2022 – findings affirmed March 15, 2022 – findings affirmed April 5, 2022 – findings affirmed May 3, 2022 – findings affirmed Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. Council Resolution No. 2021-035 196 RESOLUTION NO. 2021 - 035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165) WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 17, 2020, the City Council adopted Emergency Resolution No. EM 2020-001, proclaiming a local emergency as defined in La Quinta Municipal Code Section 2.20.020, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N- 29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: ATTACHMENT 1 197 Resolution No. 2021 – 035 Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021 Page 2 of 4 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option; The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B- G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council. 198 Resolution No. 2021 – 035 Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021 Page 3 of 4 SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. Effective Date: This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 28th day of September, 2021, by the following vote: AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None 199 200 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-03F3, LOCATED AT THE LA QUINTA MARBELLA AND SIERRA DEL REY DEVELOPMENT, ON THE SOUTH SIDE OF MILES AVENUE AND EAST SIDE OF ADAMS STREET RECOMMENDATION Approve plans, specifications, engineer’s estimate, and authorize Staff to bid the La Quinta Landscape Renovation Improvements Project No. 2016-03F3, located at the La Quinta Marbella and Sierra Del Rey Development, on the south side of Miles Avenue and east side of Adams Street. EXECUTIVE SUMMARY •This sixth phase of the Measure G funded La Quinta Landscape Renovation project is located at the La Quinta Marbella and Sierra Del Rey Development on the south side of Miles Avenue from Adams Street to Bridgette Way; the west side of Adams Street from La Quinta Park to Miles Avenue; and the retention basin located at the southeast corner of Ashely Way and Desert Stream Drive (Attachment 1). •The project includes: o Approximately 106,000 square feet of parkway and retention basin that will be converted to Desert Oasis plant palette; o Wall cleaning and painting. FISCAL IMPACT The 2020/21 Capital Improvement Program (CIP) allocates $9,963,148 to Landscape Renovation projects, $9,043,914 of Measure G Funds, $426,073 of General Funds, $479,661 of CVWD reimbursement, and $13,500 of Arts in Public Places Funds. The following is the project budget: Total Budget (All Phases)* Phase 6.1 – Topaz Phase 6.2 – Desert Pride Phase 6.3 – M&SDR Professional: $ 547,258 $ 20,000 $ 15,000 $ 20,000 Design: $ 699,212 $ 86,692 $ 53,725 $ 67,345 Inspection/Te sting/Survey: $ 677,242 $ 115,000 $ 63,365 $ 84,810 Construction: $ 6,970,407 $ 648,851 $ 1,200,000 $ 870,000 CONSENT CALENDAR ITEM NO. 9 201 Contingency: $ 1,069,029 $ 119,457 $ 120,000 $ 87,000 Total Budget: $ 9,963,148 $ 990,000 $1,452,090 $1,129155 *Note: Approximately $3,500,000 is expected to be available for the construction of Landscape Renovation Turf Conversion projects (X-Park and Cactus Flower). BACKGROUND/ANALYSIS The 2021/22 CIP prioritizes renovating the parkways in north La Quinta over the next year. These improvements will entail converting turf to the Desert Oasis landscape palette, which uses hardscape textures with minimal planting to create an aesthetically pleasing environment with lower installation, long- term maintenance, and water costs. Wall cleaning/painting completes the renovation effort. The parkway renovation effort is divided into seven phases. The sixth phase was divided into three sub phases: 1. Topaz 2. Desert Pride and 3. Sierra Del Rey/Marbella. The seventh phase, located at the Cactus Flower Development, is beginning design. Contingent upon approval to advertise the project for bid on May 17, 2022, the following is the project schedule: Council Bid Authorization May 17, 2022 Bid Period May 18 to June 14, 2022 Council Considers Project Award June 21, 2022 Execute Contract and Mobilize June 22 to July 18, 2022 Construction (60 Working Days) July 2022 to October 2022 Accept Improvements October 2022 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/ City Engineer Attachment: 1. Vicinity Map 202 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend Notes REPORT PRINTED ON...2/22/2022 4:27:26 PM Vicinity Map Marbella and Sierra Del Rey Landscape Renovation 0 3,0091, 505 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1203203 204 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO JACOBSSON ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF THE JEFFERSON STREET AT AVENUE 53 ROUNDABOUT PROJECT NO. 2017-09 RECOMMENDATION Award a contract to Jacobsson Engineering Construction, Inc. to construct the Jefferson Street at Avenue 53 Roundabout Project No. 2017-09; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount. EXECUTIVE SUMMARY •The Jefferson Street at Avenue 53 Roundabout Project (Project) entails construction of a roundabout at the intersection of Jefferson Street, SilverRock Way and Hideaway entrance (Attachment 1). •The Project improvements also include drainage, landscape, striping, and lighting enhancements. Additive alternates include slurry seal from Avenue 54 to Avenue 52, and Coachella Valley Water District (CVWD) reimbursable utility adjustments. •Jacobsson Engineering Construction, Inc. of Palm Desert, California, submitted the lowest responsible and responsive bid at $2,697,119.06 (Attachment 2). This includes all alternates. FISCAL IMPACT The Fiscal Year (FY) 2017/18 and 2021/22 Capital Improvement Program allocates $2,651,617, of which $1,146,497 is allocated from Measure A Funding, $357,500 from SB1 Road Maintenance Funding, $630,650 from General Funds, $5,000 from Arts in Public Places Funds, $430,000 from Transportation Funds, and $81,970 from Developer Funds. The proposed FY 2022/23 Capital Improvement Program increases the budget $630,000 of Measure A Funding. The following is the project budget: CONSENT CALENDAR ITEM NO. 10 205 Total Budget Professional: $ 64,300 Design: $ 188,375 Inspection/Testing/Survey: $ 160,000 Construction: $ 2,697,119 City Purchase Light Poles: $ 25,013 Contingency: $ 146,810 Total Budget: $ 3,281,617 *Note:  Staff anticipates that the Fiscal Year 2022/23 will include the additional Measure A funding in the amount of $630,000  Staff anticipates approximately $6,911 in CVWD turf rebates. BACKGROUND/ANALYSIS In 2014, Council approved an agreement with SilverRock Development Company, which requires the City to fund the design and construction of SilverRock Way, a public roadway that will be owned and maintained by the City. In August 2016, the City entered into an Agreement with Michael Baker International to finish designing these improvements. Through the design process it was determined that a roundabout that complimented the Avenue 52 Roundabout would be the ultimate intersection safety measure for the Jefferson/53 intersection, located at the Hideaway entrance. Work also includes reducing the lanes on Jefferson Street from a 6-lane road to a 4-lane road between Avenue 52 and Avenue 54. This configuration allows for buffered bike and golf cart lanes. Staff recommends awarding the additive alternate for slurry seal to hide striping removal scars and to complete pavement maintenance in the corridor from Avenue 54 to Avenue 52. On April 14, 2022, staff solicited construction bids from qualified contractors. The City received 2 bids on May 9, 2022. Jacobsson Engineering Construction, Inc. of Palm Desert, California, submitted the lowest responsible and responsive bid at $2,697,119.06. Granite Construction Company issued a bid protest for Jacobsson Engineering Construction, Inc. Staff deems Jacobsson Engineering Construction, Inc. as responsive pursuant to the California Public Contract Code referenced in Section 1240, 4100, et. seq.; specifically, section 4104. Contingent upon award of the project on May 17, 2022, the following is the project schedule: Council Considers Project Award May 17, 2022 Execute Contract and Mobilize May 18 to June 13, 2022 Construction (120 Working Days) June to November 2022 Accept Improvements December 2022 206 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map 2. Bid Comparison Summary 207 208 MBAKERINTL.COM 75410 Gerald Ford Drive, Suite 100 Palm Desert, CA 92211 Phone: (760) 346-7481 PREPARED BY: JEFFERSON STREET ROUNDABOUT ATTACHMENT 1 ATTACHMENT 1 209 210 Bid Opening Date: 05/09/2022 Jefferson Street at Avenue 53 Roundabout Steet Improvements City Project No. 2017-09 Bid Comparison Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 150,000.00$ 150,000.00$ 154,686.00$ 154,686.00$ 100,000.00$ 100,000.00$ 2 Dust Control LS 1 30,000.00$ 30,000.00$ 31,500.00$ 31,500.00$ 10,000.00$ 10,000.00$ 3 Preparation and Maintenance of the SWPPP LS 1 20,000.00$ 20,000.00$ 33,000.00$ 33,000.00$ 2,500.70$ 2,500.70$ 4 Traffic Control LS 1 45,000.00$ 45,000.00$ 137,000.00$ 137,000.00$ 188,000.20$ 188,000.20$ 5 Clearing and Grubbing (Adjacent non irrigated planter areas)LS 1 5,000.00$ 5,000.00$ 7,600.00$ 7,600.00$ 10,000.00$ 10,000.00$ 6 Remove interfering existing landscape and hardscape from planter area and modify existing irrigation to join new irrigation LS 1 6,500.00$ 6,500.00$ 12,800.00$ 12,800.00$ 5,500.00$ 5,500.00$ 7 Remove and modify existing irrigation to maintain function for areas to remain SF 35,900 $ 0.15 $ 5,385.00 $0.15 5,385.00$ $0.20 7,180.00$ 8 Remove and salvage existing electric landscape light LS 1 500.00$ 500.00$ 2,750.00$ 2,750.00$ 15,000.00$ 15,000.00$ 9 Remove and salvage existing light pole, includes the removal and of associate pull boxes and wiring EA 2 1,000.00$ 2,000.00$ 3,850.00$ 7,700.00$ 5,000.00$ 10,000.00$ 10 Remove existing tree EA 4 750.00$ 3,000.00$ 1,500.00$ 6,000.00$ 3,000.00$ 12,000.00$ 11 Remove amd dispose of existing asphalt concrete and road section to depth required SF 96,950 1.20$116,340.00$ 0.81$ 78,529.50$ 2.25$ 218,137.50$ 12 Remove and dispose of existing concrete cross gutter and spandrel SF 1,100 2.00$2,200.00$ 6.00$ 6,600.00$ 5.00$ 5,500.00$ 13 Remove and dispose of existing concrete sidewalk, curb ramps, and stamped concrete SF 12,500 2.00$25,000.00$ 3.00$ 37,500.00$ 3.00$ 37,500.00$ 14 Remove and dispose of existing concrete driveway SF 1,300 5.00$6,500.00$ 6.00$ 7,800.00$ 3.50$ 4,550.00$ 15 Remove and dispose of existing 6" concrete curb and gutter LF 1,920 3.00$5,760.00$ 13.50$ 25,920.00$ 11.00$ 21,120.00$ 16 Remove and dispose of existing 6" concrete curb LF 2,045 3.00$6,135.00$ 8.00$ 16,360.00$ 6.00$ 12,270.00$ 17 Remove and dispose of existing concrete catch basin EA 1 650.00$ 650.00$ 1,285.00$ 1,285.00$ 3,300.00$ 3,300.00$ 18 Remove and dispose of existing reinforced concrete pipe LF 20 25.00$ 500.00$ 71.00$ 1,420.00$ 160.00$ 3,200.00$ 19 Earthwork, including import LS 1 180,000.00$ 180,000.00$ 225,000.00$ 225,000.00$ 173,000.00$ 173,000.00$ 20 Expose existing headwall, re-establish grade adjacent area 15', and flush drainage pipe EA 2 5,000.00$ 10,000.00$ 4,100.00$ 8,200.00$ 5,000.00$ 10,000.00$ 21 Cold Plane existing asphalt pavement 1.5" thick x 5' wide and overlay SF 3,170 3.50$11,095.00$ 4.30$ 13,631.00$ 5.00$ 15,850.00$ 22 4.5" Asphalt Pavement on 12" Class II Aggregate Base SF 61,115 6.00$366,690.00$ 5.00$ 305,575.00$ 7.00$ 427,805.00$ 23 4.5" Asphalt Pavement on 6" Class II Aggregate Base SF 3,085 6.00$18,510.00$ 13.00$ 40,105.00$ 5.50$ 16,967.50$ 24 6" Concrete Median Gutter per City of La Quinta Std. 201 LF 2,140 18.00$ 38,520.00$ 31.50$ 67,410.00$ 58.00$ 124,120.00$ 25 6" Concrete Median Curb per City of La Quinta Std. 210 LF 2,658 18.00$ 47,844.00$ 27.00$ 71,766.00$ 38.00$ 101,004.00$ 26 Concrete U-Channel 5' wide LF 111 140.00$ 15,540.00$ 101.00$ 11,211.00$ 245.00$ 27,195.00$ 27 Concrete Truck Apron Wedge Curb LF 553 30.00$ 16,590.00$ 49.00$ 27,097.00$ 80.00$ 44,240.00$ 28 Concrete Cross Gutter per City of La Quinta Std. 231 SF 1,080 15.00$ 16,200.00$ 18.00$ 19,440.00$ 23.00$ 24,840.00$ 29 Concrete meandering sidewalk and median cut through per City of LA Quinta Std. 245 Mod SF 24,810 10.00$ 248,100.00$ 7.50$ 186,075.00$ 11.00$ 272,910.00$ 30 Concrete Driveway per City of La Quinta Std. 221 W=14'EA 1 2,000.00$ 2,000.00$ 1,555.00$ 1,555.00$ 3,100.00$ 3,100.00$ 31 4" thick colored stamped concrete (median hardscape) per City of La Quinta Std. 720 SF 1,730 20.00$ 34,600.00$ 11.00$ 19,030.00$ 22.00$ 38,060.00$ 32 Concrete truck apron with colored stamped concrete finish SF 3,187 30.00$ 95,610.00$ 27.00$ 86,049.00$ 24.00$ 76,488.00$ 33 Concrete Curb Ramp Case "C" per City of La Quinta Std. 250 EA 8 1,500.00$ 12,000.00$ 1,450.00$ 11,600.00$ 6,000.00$ 48,000.00$ 34 Concrete Curb Ramp Case "F" per City of La Quinta Std. 250 EA 4 1,500.00$ 6,000.00$ 3,040.00$ 12,160.00$ 5,100.00$ 20,400.00$ 35 Curb Inlet Catch Basin No. 1 per City of La Quinta Std. 300 and gutter depression per City of La Quinta Std.330 EA 1 2,500.00$ 2,500.00$ 8,600.00$ 8,600.00$ 14,000.00$ 14,000.00$ 36 Reconstruct existing catch basin for U-channel connection EA 1 5,000.00$ 5,000.00$ 3,982.00$ 3,982.00$ 8,800.00$ 8,800.00$ 37 Truncated domes at median cut-throughs SF 240 50.00$ 12,000.00$ 46.00$ 11,040.00$ 100.00$ 24,000.00$ 38 Reset existing street monument per City of La Quinta Std. 801 EA 2 3,500.00$ 7,000.00$ 722.00$ 1,444.00$ 2,500.00$ 5,000.00$ 39 2" schedule 80 PVC conduit w/ tracer wire LF 1,647 50.00$ 82,350.00$ 44.00$ 72,468.00$ 45.00$ 74,115.00$ 40 No. 6 pull box w/ 45 degree 2" conduit sweeps EA 7 900.00$ 6,300.00$ 1,375.00$ 9,625.00$ 800.00$ 5,600.00$ 41 Signing and striping including incidentals LS 1 20,000.00$ 20,000.00$ 115,500.00$ 115,500.00$ 25,000.00$ 25,000.00$ 42 Install City furnished street lighting and funish and install electrical system LS 1 75,000.00$ 75,000.00$ 137,500.00$ 137,500.00$ 65,000.00$ 65,000.00$ 43 Furnish and install 3/4" Desert Gold Crushed Rock - 2" Depth per City Standard 707 SF 11,550 1.00$11,550.00$ 1.00$ 11,550.00$ 1.00$ 11,550.00$ 44 Funish and install 3/8" Minus Mohave Gold decompossed granite - 3" Depth per City Standard 707 SF 32,246 1.25$40,307.50$ 1.37$ 44,177.02$ 1.25$ 40,307.50$ 45 Place back 3/8" Minus Mohave Gold decomposed granite - 3" Depth per City Standard 707 on graded slopes in existing parkway planters SF 11,950 0.50$5,975.00$ 1.37$ 16,371.50$ 0.45$ 5,377.50$ 46 Grade and tranistion existing 3" stablilized DG trail into proposed sidwalk where they intersect, 10' wide SF 3,000 0.50$1,500.00$ 0.58$ 1,740.00$ 0.55$ 1,650.00$ 47 Funish and install 3"-8" Arizona River Rock SF 9,537 5.00$47,685.00$ 6.00$ 57,222.00$ 5.50$ 52,453.50$ 48 Soil, Prep and Fine Grading SF 53,827 0.20$10,765.40$ 0.23$ 12,380.21$ 0.20$ 10,765.40$ 49 Furnish and install 5 Gal shrub EA 221 20.00$ 4,420.00$ 25.20$ 5,569.20$ 23.00$ 5,083.00$ 50 Furnish and install 1 Gal shrub EA 34 12.00$ 408.00$ 11.00$ 374.00$ 10.00$ 340.00$ 51 Furnish and install Date Palm 24" Box Tree EA 21 550.00$ 11,550.00$ 576.00$ 12,096.00$ 530.00$ 11,130.00$ 52 Furnish and install Date Palm 20' BTH EA 3 3,200.00$ 9,600.00$ 3,423.00$ 10,269.00$ 3,100.00$ 9,300.00$ 53 Furnish and install Mexican Fan Palm 20' BTH EA 8 1,200.00$ 9,600.00$ 1,400.00$ 11,200.00$ 1,200.00$ 9,600.00$ 54 Furnish and install PermaLoc Header - asphalt edge LF 2,220 10.00$ 22,200.00$ 11.20$ 24,864.00$ 10.00$ 22,200.00$ 55 Furnish and install Boulders per Plan - "Baja Cresta", 3'EA 58 300.00$ 17,400.00$ 253.00$ 14,674.00$ 230.00$ 13,340.00$ 56 Furnish and install Boulders per Plan - "Baja Cresta", 5'EA 31 600.00$ 18,600.00$ 384.00$ 11,904.00$ 350.00$ 10,850.00$ 57 Furnish and install Irrigation per Plan LS 1 90,000.00$ 90,000.00$ 98,000.00$ 98,000.00$ 90,000.00$ 90,000.00$ 58 Stacked Boulder Wall, 24" high max LF 105 70.00$ 7,350.00$ 77.00$ 8,085.00$ 70.00$ 7,350.00$ 59 90 - Day Maintenance LS 1 15,000.00$ 15,000.00$ 13,500.00$ 13,500.00$ 12,000.00$ 12,000.00$ 60 Raise Air Vac and place cover on northwest corner per CVWD Standard Plans EA 1 2,500.00$ 2,500.00$ 796.79$ 796.79$ 8,000.00$ 8,000.00$ 61 Temporary Lighting LS 1 25,000.00$ 25,000.00$ 11,999.02$ 11,999.02$ 25,000.00$ 25,000.00$ 62 Construct 6" of concrete pavement over 6" of Class II Aggregate Base SF 560 30.00$ 16,800.00$ 26.87$ 15,047.20$ 27.00$ 15,120.00$ 2,128,129.90$ 2,421,717.44$ 2,672,669.80$ BID ALTERNATIVE NO. 1- Slurry Seal Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 63 Mobilization LS 1 10,000.00$ 10,000.00$ 8,249.63$ 8,249.63$ 250.00$ 250.00$ 64 Traffic Control LS 1 25,000.00$ 25,000.00$ 21,999.02$ 21,999.02$ 1,000.00$ 1,000.00$ 65 Crack Seal and Type II Slurry Seal (Limits North side of Avenue 54 to South side of Aveniue 52, excluding new pavement)SF 346,864 0.35$121,402.40$ 0.42$ 145,682.88$ 0.30$ 104,059.20$ 66 Striping and All Incidentals LS 1 25,000.00$ 25,000.00$ 92,558.68$ 92,558.68$ 16,300.00$ 16,300.00$ 181,402.40$ 268,490.21$ 121,609.20$ BID ALTERNATIVE NO. 2- CVWD Water Valve Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 67 Lower Water Valve per CVWD Standards EA 3 500.00$ 1,500.00$ 399.25$ 1,197.75$ 450.00$ 1,350.00$ 68 Raise Water Valve per CVWD Standards EA 3 800.00$ 2,400.00$ 1,151.04$ 3,453.12$ 800.00$ 2,400.00$ 3,900.00$ 4,650.87$ 3,750.00$ BID ALTERNATIVE NO. 3- CVWD Sewer Manhole Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 69 Lower CVWD Sewre Manhole per CVWD Standards EA 1 600.00$ 600.00$ 579.23$ 579.23$ 1,300.00$ 1,300.00$ 70 Raise CVWD Sewre Manhole Valve per CVWD Standards EA 1 1,500.00$ 1,500.00$ 1,681.31$ 1,681.31$ 2,000.00$ 2,000.00$ 2,100.00$ 2,260.54$ 3,300.00$ 2,315,532.30$ 2,697,119.06$ 2,801,329.00$ 2,128,129.90$ 2,421,717.44$ 2,672,669.80$ Base Bid Only Granite Construction CompanyEngineer's Estimate - Base Bid Sub-Total Additive Alternative No.1 Bid: Grand Total Base Bid Including Alternate No. 1 -3 : Sub-Total Additive Alternative No.3 Bid: Sub-Total Base Bid: Jacobsson Engineering Construction, Inc. Sub-Total Additive Alternative No.2 Bid: ATTACHMENT 2 211 212 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED APRIL 29 AND MAY 6, 2022 RECOMMENDATION Approve demand registers dated April 29 and May 6, 2022. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 4,056,316.34$ Successor Agency of RDA -$ Housing Authority 20,250.40$ 4,076,566.74$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for April 29 and May 6, 2022. Warrants Issued: 207641-207694 952,554.72$ 207695-207749 2,692,589.47$ Voids (1,762.91)$ Wire Transfers 169,066.13$ Payroll Tax Transfers 48,582.58$ Payroll Direct Deposit 215,536.75$ 4,076,566.74$ Two checks were voided, and one check was re-issued in the amount listed above due to non-receipt and a check printing error. CONSENT CALENDAR ITEM NO. 11 213 The most significant expenditures on the demand registers are: Vendor Account Name Amount Purpose Riverside County Sheriff Department Various 2,433,385.20$ January & February Police Service Coachella Valley Assoc of Government TUMF Payable to CVAG 256,901.00$ March TUMF Fees Coachella Valley Conservation Committee MSHCP Mitigation Fee 216,110.02$ March MSCHP Fees Shade Structures, Inc Parks 111,339.00$ Installation of Two Shade Structures at Monticello Park. PWLC II, Inc(1)Landscape Contract & Maintenance/Service 67,030.38$ April City Landscape Maintenance (1) Payments were made on 4/29/22 & 5/6/22. Wire Transfers: Eleven transfers totaled $169,006. Of this amount, $156,864 was to CALPERS, and $6,449 was to ICMA. (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report. Prepared by: Jesse Batres, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers 2. Wire Transfers Transaction Issuer Type Par Value Settle Date Coupon Rate Maturity Farmers Insurance Group FCU CD 240,000$ 4/29/22 2.800% Purchase United States Government Treasury 1,000,000$ 5/3/22 2.250% Purchase United States Government Treasury 1,000,000$ 5/3/22 2.500% Purchase United States Government Treasury 1,000,000$ 5/3/22 2.000% 214 5/9/2022 2:51:05 PM Page 1 of 6 Demand Register City of La Quinta Packet: APPKT03117 - 04/29/2022 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 221.25Garnishments PayableGARNISHMENT207655FRANCHISE TAX BOARD 101-0000-20985 37.00United Way DeductionsCONTRIBUTION207687UNITED WAY OF THE DESERT 101-0000-20981 221.25Garnishments PayableGARNISHMENT207655FRANCHISE TAX BOARD 101-0000-20985 75.30Uniforms04/08/22 - UNIFORMS G.DUCHENE207658GALLS LLC 101-6004-60690 22.00Uniforms04/12/22 - UNIFORMS K.MEREDITH207658GALLS LLC 101-6004-60690 134.40Uniforms04/12/22 - UNIFORMS P.VILLANUEVA207658GALLS LLC 101-6004-60690 152.34Uniforms04/12/22 - UNIFORMS G.DUCHENE207658GALLS LLC 101-6004-60690 19.04Uniforms04/12/22 - UNIFORMS B.RODRIGUEZ207658GALLS LLC 101-6004-60690 124.42Uniforms04/12/22 - UNIFORMS K.MEREDITH207658GALLS LLC 101-6004-60690 105.00Over Payments, AR Policy04/6/22 - HOME OCCUPATION PERMIT RE…207678SHADES BY DESIGN 101-0000-20330 1,000.00Administrative Citations04/14/22 - CITATION DISMISSAL LQ200178207673RESORT HOME DESTINATIONS 101-0000-42700 1,350.00Civic Center Lake Maintenance04/2022 - LAKE MAINTENANCE SERVICS207680SOUTHWEST AQUATICS INC 101-3005-60117 1,350.00SilverRock Lake Maintenance04/2022 - LAKE MAINTENANCE SERVICS207680SOUTHWEST AQUATICS INC 101-3005-60189 121.00Travel & Training04/18/22 - REIMB FOR ICC CERT RENEWAL…207644CLAYTON JR., DUANE 101-6003-60320 206.61Safety Gear02/23/22 - SAFETY BOOTS E.HERNANDEZ207665JERNIGAN'S, INC 101-7006-60427 100.00Miscellaneous Deposits04/08/22 - DEPOSIT REFUND207642AMERICAN FOUNDATION FOR …101-0000-22830 168.00Instructors04/15/22 - GENTLE YOGA CLASS207694WILLIAMS, BILLEE 101-3002-60107 56.00Instructors04/15/22 - YOGA INDOORS CLASS207649CORTEZ, ELISABETH 101-3002-60107 201.60Instructors04/15/22 - TAI CHI YANG CLASS207660HEWETT, ATSUKO YAMANE 101-3002-60107 16.80Instructors04/15/22 - ESSENTIAL FITNESS DI CLASSES207676RUDY, LORI A 101-3002-60107 27.30Instructors04/15/22 - GENTLE YOGA DI CLASSES207694WILLIAMS, BILLEE 101-3002-60107 5.60Instructors04/15/22 - TAI CHI YANG CLASS207660HEWETT, ATSUKO YAMANE 101-3002-60107 109.20Instructors04/15/22 - YOGA DI CLASSES207649CORTEZ, ELISABETH 101-3002-60107 84.00Instructors04/18/22 - ESSENTIAL FITNESS CLASS207676RUDY, LORI A 101-3002-60107 667.00Community Experiences04/30/22 - INSURANCE FOR CITY PICNIC207641ALLIANT INSURANCE SERVICES …101-3003-60149 5,426.25Professional ServicesFY 21/22 CLASS AND COMP STUDY SERVIC…207657GALLAGHER BENEFIT SERVICES…101-1004-60103 1,280.04Operating Supplies04/18/22 - ADMINISTRATIVE CITATION B…207684THE PRINTING PLACE 101-2001-60420 48,536.32Landscape Contract04/2022 - MONTHLY MAINTENANCE207692VINTAGE ASSOCIATES 101-3005-60112 13,191.06Fritz Burns Pool Programming03/2022 - FB POOL OPERATIONS & PROG…207653DESERT RECREATION DISTRICT 101-3003-60184 6,870.83Marketing & Tourism Promoti…04/2022 - GEM ADVERTISING207683THE CHAMBER 101-3007-60461 174.87Materials/Supplies04/11/22 - IRRIGATION PARTS207679SMITH PIPE & SUPPLY CO 101-3005-60431 847.08Temporary Agency Services04/08/22 - TEMP AGENCY SERVICES T.SU…207675ROBERT HALF 101-6006-60125 627.17Temporary Agency Services04/15/22 - TEMP AGENCY SERVICES T.SU…207675ROBERT HALF 101-6006-60125 1,351.60Temporary Agency Services04/15/22 - TEMP AGENCY SERVICE J.AGG…207675ROBERT HALF 101-6004-60125 330.16Maintenance/Services04/12/22 - CIVIC PARK LIGHT POLE SERVIC…207693VINTAGE E & S INC 101-3005-60691 2,553.68Materials/Supplies04/06/22 - PLANTS207668MACIAS NURSERY, INC.101-3005-60431 2,805.27Materials/Supplies04/01/22 - PLANTS207668MACIAS NURSERY, INC.101-3005-60431 2,088.73Materials/Supplies03/31/22 - PLANTS207668MACIAS NURSERY, INC.101-3005-60431 1,304.54Landscape Contract04/2022 - L&L MONTHLY MAINTENANCE207671PWLC II, INC 101-2002-60112 46.53Mobile/Cell Phones/Satellites03/14-04/13/22 - EOC CELL (7813)207691VERIZON WIRELESS 101-2002-61304 17,184.10Animal Shelter Contract Service03/2022 - ANIMAL SERVICES207652DEPARTMENT OF ANIMAL SER…101-6004-60197 1,000.00Community Special Events04/06/22 - PERFORMACNE AT SRR PARK207666KADILE, PETER M.101-1001-60137 90.00Membership Dues04/07/22 - MMASC MEMBERSHIP RENEW…207669MMASC 101-1002-60351 782.67Water - Utilities04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…101-2002-61200 955.12Water -Monticello Park - Utiliti…04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…101-3005-61201 139.03Water -Fritz Burns Park - Utiliti…04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…101-3005-61204 29.39Water -Seasons Park - Utilities04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…101-3005-61208 158.51Water -Community Park - Utilit…04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…101-3005-61209 96.40Water - Utilities04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…101-3008-61200 6,031.25Plan Checks02/2022 - ONCALL BLDG PLAN REVIEW & …207664INTERWEST CONSULTING GR…101-6003-60118 264.50Due to SunLine03/2022 - SUNLINE BUS PASSES207681SUNLINE TRANSIT AGENCY 101-0000-20305 -13.75Miscellaneous Revenue03/2022 - SUNLINE BUS PASSES207681SUNLINE TRANSIT AGENCY 101-0000-42301 218,292.95MSHCP Mitigation Fee03/2022 - MSCHP FEES207646COACHELLA VALLEY CONSERV…101-0000-20310 ATTACHMENT 1 215 Demand Register Packet: APPKT03117 - 04/29/2022 JB 5/9/2022 2:51:05 PM Page 2 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number -2,182.93CVMSHCP Admin Fee03/2022 - MSCHP FEES207646COACHELLA VALLEY CONSERV…101-0000-43631 227.46Fire Station03/16/22 - LIGHT BULBS FOR FS #93207661HOME DEPOT CREDIT SERVICES 101-2002-60670 50.55Maintenance/Services03/16/22 - FAUCET CONNECTOR PARTS F…207661HOME DEPOT CREDIT SERVICES 101-2002-60691 17.36Community Experiences03/18/22 - EVENT SUPPLIES207661HOME DEPOT CREDIT SERVICES 101-3003-60149 242.69Materials/Supplies03/17/22 - MATERIALS207661HOME DEPOT CREDIT SERVICES 101-3005-60431 12.66Materials/Supplies03/15/22 - BOLTS & WASHERS (12)207661HOME DEPOT CREDIT SERVICES 101-3005-60431 18.39Materials/Supplies03/15/22 - BRASS FITTINGS207661HOME DEPOT CREDIT SERVICES 101-3008-60431 43.48Materials/Supplies03/11/22 - FRIDGE FILTER FOR CH207661HOME DEPOT CREDIT SERVICES 101-3008-60431 101.33Materials/Supplies03/09/22 - PAINT & DRYWALL REPAIR SUP…207661HOME DEPOT CREDIT SERVICES 101-3008-60431 118.80Materials/Supplies03/08/22 - PAINT FOR WC207661HOME DEPOT CREDIT SERVICES 101-3008-60431 116.30Materials/Supplies03/14/22 - WATER PRESSURE HOSE207661HOME DEPOT CREDIT SERVICES 101-3008-60431 124.37Materials/Supplies03/10/22 - KITCHEN FAUCET FOR CH207661HOME DEPOT CREDIT SERVICES 101-3008-60431 76.42Materials/Supplies03/14/22 - PAINT207661HOME DEPOT CREDIT SERVICES 101-3008-60431 162.93Materials/Supplies03/17/22 - X-PARK DOOR CLOSER (2)207661HOME DEPOT CREDIT SERVICES 101-3008-60431 41.30Materials/Supplies03/25/22 - LIGHT BULBS (10)207661HOME DEPOT CREDIT SERVICES 101-3008-60431 17.33Materials/Supplies03/17/22 - KEY ID TAGS207661HOME DEPOT CREDIT SERVICES 101-3008-60431 171.79Materials/Supplies03/24/22 - MATERIALS207661HOME DEPOT CREDIT SERVICES 101-3008-60431 147.90Materials/Supplies03/23/22 - CEILING FAN FOR CH207661HOME DEPOT CREDIT SERVICES 101-3008-60431 9.44Materials/Supplies03/08/22 - KITCHEN SINK STRAINER & PL…207661HOME DEPOT CREDIT SERVICES 101-3008-60431 10.17Materials/Supplies03/16/22 - FAUCET CONNECTOR207661HOME DEPOT CREDIT SERVICES 101-3008-60431 48.38Materials/Supplies03/07/22 - PAINT & PAINT SUPPLIES207661HOME DEPOT CREDIT SERVICES 101-3008-60431 65.09Materials/Supplies03/08/22 - PAINT & PAINT SUPPLIES207661HOME DEPOT CREDIT SERVICES 101-3008-60431 75.45Materials/Supplies03/03/22 - PAINT & PAINT SUPPLIES207661HOME DEPOT CREDIT SERVICES 101-3008-60431 450.82Materials/Supplies03/02/22 - TRACK LIGHTING KITS (2)207661HOME DEPOT CREDIT SERVICES 101-3008-60431 611.26Materials/Supplies03/02/22 - TRACK LIGHTING KITS (3)207661HOME DEPOT CREDIT SERVICES 101-3008-60431 -362.10Tools/Equipment03/02/22 - RETURN OF POWER POOLS207661HOME DEPOT CREDIT SERVICES 101-3008-60432 33.20Operating Supplies03/08/22 - SAFETY LATCHPOSTS (2)207661HOME DEPOT CREDIT SERVICES 101-7003-60420 250.28Operating Supplies03/21/22 - SUPPLIES FOR TC TRAILER207661HOME DEPOT CREDIT SERVICES 101-7003-60420 31.67Operating Supplies03/07/22 - SAFETY LATCHPOSTS (4)207661HOME DEPOT CREDIT SERVICES 101-7003-60420 -57.59Operating Supplies03/02/22 - RETURN OF ABS PIPE207661HOME DEPOT CREDIT SERVICES 101-7003-60420 16.66Operating Supplies03/23/22 - TAPE MEASURE207661HOME DEPOT CREDIT SERVICES 101-7003-60420 18.18Operating Supplies03/02/22 - PAINT SUPPLIES207661HOME DEPOT CREDIT SERVICES 101-7003-60420 17.89Operating Supplies03/25/22 - ALL PURPOSE CLEANER AND T…207661HOME DEPOT CREDIT SERVICES 101-7003-60420 500.00Travel & Training5/15-5/16/22 - CHARITY GOLF TOURNAM…207647COACHELLA VALLEY VOLUNTE…101-1001-60320 787.00LQ Park Water Feature04/2022 - SPLASH PAD MONTHLY SERVICE207670OCEAN SPRINGS TECH INC 101-3005-60554 261.25LQ Park Water Feature04/22/22 - LQ PARK SPLASH PAD REPAIRS207670OCEAN SPRINGS TECH INC 101-3005-60554 185.47Water -Desert Pride - Utilities04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…101-3005-61206 28.15PM 10 - Dust Control04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…101-7006-60146 50.00Over Payments, AR Policy03/22/22 - BUSINESS LIC FEE REFUND LIC …207689URETHANE FOAM SPECIALIST …101-0000-20330 173.01Mobile/Cell Phones/Satellites04/23-05/22/22 - EOC SATELLITE PHONES207674ROADPOST USA INC.101-2002-61304 1,462.50Developer Deposits01/01-02/28/22 - TRAVERTINE PROJECT P…207682TERRA NOVA PLANNING & RE…101-0000-22810 12,211.01Developer Deposits03/2022 - THE WAVE PROJECT PLANNING207682TERRA NOVA PLANNING & RE…101-0000-22810 Fund 101 - GENERAL FUND Total:355,404.73 Fund: 201 - GAS TAX FUND 84.39Traffic Control Signs01/05/22 - TRAFFIC CONTROL SIGNS207686TOPS' N BARRICADES INC 201-7003-60429 195.10Traffic Control Signs02/11/22 - TRAFFIC CONTROL SIGNS207686TOPS' N BARRICADES INC 201-7003-60429 304.12Traffic Control Signs02/11/22 - TRAFFIC CONTROL SIGNS207686TOPS' N BARRICADES INC 201-7003-60429 132.29Traffic Control Signs02/11/22 - TRAFFIC CONTROL SIGNS207686TOPS' N BARRICADES INC 201-7003-60429 158.56Traffic Control Signs03/08/22 - TRAFFIC CONTROL SIGNS207686TOPS' N BARRICADES INC 201-7003-60429 317.12Traffic Control Signs03/16/22 - TRAFFIC CONTROL SIGNS207686TOPS' N BARRICADES INC 201-7003-60429 1,388.19Traffic Control Signs04/22/22 - TRAFFIC CONTROL SIGNS207686TOPS' N BARRICADES INC 201-7003-60429 37.67Materials/Supplies02/20/22-03/20/22 - CYLINDER RENTAL207667LINDE GAS & EQUIPMENT INC.201-7003-60431 117.29Paint/Legends03/22/22 - PAINT & SPRAY PAINT207661HOME DEPOT CREDIT SERVICES 201-7003-60433 Fund 201 - GAS TAX FUND Total:2,734.73 Fund: 202 - LIBRARY & MUSEUM FUND 812.59Landscape Contract04/2022 - MONTHLY MAINTENANCE207692VINTAGE ASSOCIATES 202-3004-60112 169.58Landscape Contract04/2022 - MONTHLY MAINTENANCE207692VINTAGE ASSOCIATES 202-3006-60112 122.98Telephone - Utilities04/13-05/12/22 - MUSEUM PHONE207656FRONTIER COMMUNICATIONS…202-3006-61300 191.40Water - Utilities04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…202-3006-61200 216 Demand Register Packet: APPKT03117 - 04/29/2022 JB 5/9/2022 2:51:05 PM Page 3 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 8.13Maintenance/Services03/03/22 - PADLOCK207661HOME DEPOT CREDIT SERVICES 202-3004-60691 Fund 202 - LIBRARY & MUSEUM FUND Total:1,304.68 Fund: 215 - LIGHTING & LANDSCAPING FUND 159.86Supplies-Graffiti and Vandalism04/18/22 - PAINT FOR GRAFFITI REMOVAL207685THE SHERWIN-WILLIAMS CO.215-7004-60423 157.68Safety Gear04/11/22 - SAFETY BOOTS L.REGALADO207665JERNIGAN'S, INC 215-7004-60427 10,589.51Landscape Contract04/2022 - MONTHLY MAINTENANCE207692VINTAGE ASSOCIATES 215-7004-60112 5,667.17Consultants04/2022 - LIGHTING MAINTENANCE SERVI…207650CREATIVE LIGHTING & ELECTR…215-7004-60104 56.55Materials/Supplies03/30/22 - IRRIGATION PARTS207679SMITH PIPE & SUPPLY CO 215-7004-60431 373.72Materials/Supplies03/31/22 - IRRIGATION PARTS207679SMITH PIPE & SUPPLY CO 215-7004-60431 1,208.50Materials/Supplies04/04/22 - IRRIGATION PARTS207679SMITH PIPE & SUPPLY CO 215-7004-60431 254.11Materials/Supplies04/04/22 - IRRIGATION PARTS207679SMITH PIPE & SUPPLY CO 215-7004-60431 681.97Materials/Supplies04/06/22 - IRRIGATION PARTS207679SMITH PIPE & SUPPLY CO 215-7004-60431 158.34Materials/Supplies04/08/22 - PVC PIPES (200)207679SMITH PIPE & SUPPLY CO 215-7004-60431 171.17Materials/Supplies04/12/22 - IRRIGATION PARTS207679SMITH PIPE & SUPPLY CO 215-7004-60431 56.64Supplies-Graffiti and Vandalism01/25/22 - PAINT FOR GRAFFITTI REMOVAL207685THE SHERWIN-WILLIAMS CO.215-7004-60423 4,358.49Materials/Supplies04/06/22 - PLANTS207668MACIAS NURSERY, INC.215-7004-60431 1,616.25Materials/Supplies04/18/22 - PLANTS207668MACIAS NURSERY, INC.215-7004-60431 54,741.84Landscape Contract04/2022 - L&L MONTHLY MAINTENANCE207671PWLC II, INC 215-7004-60112 2,400.00Maintenance/Services04/22/22 - PLANT REPLACEMENT AT FS #93207671PWLC II, INC 215-7004-60691 2,368.00Maintenance/Services04/18/22 - PLANT REPLACEMENT & IRRIG…207671PWLC II, INC 215-7004-60691 19.43Materials/Supplies03/21/22 - IRRIGATION TIMER BATTERIES207661HOME DEPOT CREDIT SERVICES 215-7004-60431 563.93Electric - Utilities04/15/22 - ELECTRICITY SERVICE207663IMPERIAL IRRIGATION DIST 215-7004-61116 37.99Electric - Medians - Utilities04/15/22 - ELECTRICITY SERVICE207663IMPERIAL IRRIGATION DIST 215-7004-61117 3,669.22Water - Medians - Utilities04/15/22 - WATER SERVICE207648COACHELLA VALLEY WATER DI…215-7004-61211 Fund 215 - LIGHTING & LANDSCAPING FUND Total:89,310.37 Fund: 221 - AB 939 - CALRECYCLE FUND 492.99AB 939 Recycling Solutions03/24/22 - COVE HIKE CLEAN UP SUPPLES207661HOME DEPOT CREDIT SERVICES 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:492.99 Fund: 224 - TUMF FUND 256,901.00TUMF Payable to CVAG03/2022 - TUMF FEES207645COACHELLA VALLEY ASSOC OF…224-0000-20320 Fund 224 - TUMF FUND Total:256,901.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 69.51Construction04/20/22 - X-PARK KEY COPIES FOR BUILD…207690VALLEY LOCK & SAFE 401-0000-60188 -950.00Retention Payable3/18/22 FS 70 REVITALIZATION RETENTI…207672R DEPENDABLE CONST INC 401-0000-20600 19,000.00Construction3/18/22 - FIRE STATION 70 REVITALIZATI…207672R DEPENDABLE CONST INC 401-0000-60188 -2,740.50Retention Payable03/2022 - 2020-7 RETENTION PAYMENT …207688URBAN HABITAT 401-0000-20600 54,810.00Construction03/2022 - SRR RETENTION BASIN PAYMEN…207688URBAN HABITAT 401-0000-60188 143.45Construction03/02/22 - CONDUIT FITTING207661HOME DEPOT CREDIT SERVICES 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:70,332.46 Fund: 501 - FACILITY & FLEET REPLACEMENT 16,212.49Vehicles, Rentals & Leases04/2022 - FLEET LEASE207654ENTERPRISE FM TRUST 501-0000-71030 78.20Parts, Accessories, and Upfits03/03/22 - SOCKLET SET FOR FLEET VEHIC…207661HOME DEPOT CREDIT SERVICES 501-0000-60675 103.69Parts, Accessories, and Upfits03/09/22 - MAINTENANCE SUPPLIES FOR …207661HOME DEPOT CREDIT SERVICES 501-0000-60675 13.10Parts, Accessories, and Upfits03/22/22 - BRASS FITTINGS207661HOME DEPOT CREDIT SERVICES 501-0000-60675 8.85Parts, Accessories, and Upfits03/22/22 - BRASS SPLICER FITTING207661HOME DEPOT CREDIT SERVICES 501-0000-60675 Fund 501 - FACILITY & FLEET REPLACEMENT Total:16,416.33 Fund: 502 - INFORMATION TECHNOLOGY 155.19Cable/Internet - Utilities03/15-04/14/22 - WC INTERNET (8105)207643CHARTER COMMUNICATIONS …502-0000-61400 81.70Cable/Internet - Utilities04/12-05/11/22 - CITY YARD CABLE (4080)207643CHARTER COMMUNICATIONS …502-0000-61400 34,325.89Prepaid ExpenseFY 22/23- JUL-MAR MSFT OFFICE 365 - 150…207651DELL MARKETING LP 502-0000-13600 11,441.97Software LicensesFY 21/22- APR-JUNE MSFT OFFICE 365 - 1…207651DELL MARKETING LP 502-0000-60301 1,500.00Prepaid Expense7/1/22-12/9/22 ARC GIS SUBSCRIPTION 5…207659GOGOV APPS, INC.502-0000-13600 1,500.00Software Licenses12/10/21-06/30/22 - ARC GIS SUBSCRIPTI…207659GOGOV APPS, INC.502-0000-60301 -1,000.00Software Licenses12/10/21-04/9/22 - CREDIT FOR ARC GIS …207659GOGOV APPS, INC.502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total:48,004.75 Fund: 503 - PARK EQUIP & FACILITY FUND 111,339.00Parks04/21/22 - MONTICELLO PARK SHADE ST…207677SHADE STRUCTURES, INC 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:111,339.00 217 Demand Register Packet: APPKT03117 - 04/29/2022 JB 5/9/2022 2:51:05 PM Page 4 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 601 - SILVERROCK RESORT 4.76Repair & Maintenance03/01/22 - OUTLET COVER207661HOME DEPOT CREDIT SERVICES 601-0000-60660 121.45Repair & Maintenance03/24/22 - PLUMBING TOOLS207661HOME DEPOT CREDIT SERVICES 601-0000-60660 16.03Repair & Maintenance03/25/22 - WASHERS & NUTS207661HOME DEPOT CREDIT SERVICES 601-0000-60660 36.59Repair & Maintenance03/22/22 - TOILET SEAT207661HOME DEPOT CREDIT SERVICES 601-0000-60660 134.85Repair & Maintenance03/01/22 - TRACK LIGHTING KIT207661HOME DEPOT CREDIT SERVICES 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:313.68 Grand Total:952,554.72 218 Demand Register Packet: APPKT03117 - 04/29/2022 JB 5/9/2022 2:51:05 PM Page 5 of 6 Fund Summary Fund Expense Amount 101 - GENERAL FUND 355,404.73 201 - GAS TAX FUND 2,734.73 202 - LIBRARY & MUSEUM FUND 1,304.68 215 - LIGHTING & LANDSCAPING FUND 89,310.37 221 - AB 939 - CALRECYCLE FUND 492.99 224 - TUMF FUND 256,901.00 401 - CAPITAL IMPROVEMENT PROGRAMS 70,332.46 501 - FACILITY & FLEET REPLACEMENT 16,416.33 502 - INFORMATION TECHNOLOGY 48,004.75 503 - PARK EQUIP & FACILITY FUND 111,339.00 601 - SILVERROCK RESORT 313.68 Grand Total:952,554.72 Account Summary Account Number Account Name Expense Amount 101-0000-20305 Due to SunLine 264.50 101-0000-20310 MSHCP Mitigation Fee 218,292.95 101-0000-20330 Over Payments, AR Policy 155.00 101-0000-20981 United Way Deductions 37.00 101-0000-20985 Garnishments Payable 442.50 101-0000-22810 Developer Deposits 13,673.51 101-0000-22830 Miscellaneous Deposits 100.00 101-0000-42301 Miscellaneous Revenue -13.75 101-0000-42700 Administrative Citations 1,000.00 101-0000-43631 CVMSHCP Admin Fee -2,182.93 101-1001-60137 Community Special Events 1,000.00 101-1001-60320 Travel & Training 500.00 101-1002-60351 Membership Dues 90.00 101-1004-60103 Professional Services 5,426.25 101-2001-60420 Operating Supplies 1,280.04 101-2002-60112 Landscape Contract 1,304.54 101-2002-60670 Fire Station 227.46 101-2002-60691 Maintenance/Services 50.55 101-2002-61200 Water - Utilities 782.67 101-2002-61304 Mobile/Cell Phones/Satell…219.54 101-3002-60107 Instructors 668.50 101-3003-60149 Community Experiences 684.36 101-3003-60184 Fritz Burns Pool Program…13,191.06 101-3005-60112 Landscape Contract 48,536.32 101-3005-60117 Civic Center Lake Mainten…1,350.00 101-3005-60189 SilverRock Lake Maintena…1,350.00 101-3005-60431 Materials/Supplies 7,877.90 101-3005-60554 LQ Park Water Feature 1,048.25 101-3005-60691 Maintenance/Services 330.16 101-3005-61201 Water -Monticello Park - …955.12 101-3005-61204 Water -Fritz Burns Park - …139.03 101-3005-61206 Water -Desert Pride - Utili…185.47 101-3005-61208 Water -Seasons Park - Util…29.39 101-3005-61209 Water -Community Park -…158.51 101-3007-60461 Marketing & Tourism Pro…6,870.83 101-3008-60431 Materials/Supplies 2,410.95 101-3008-60432 Tools/Equipment -362.10 101-3008-61200 Water - Utilities 96.40 101-6003-60118 Plan Checks 6,031.25 101-6003-60320 Travel & Training 121.00 101-6004-60125 Temporary Agency Servic…1,351.60 101-6004-60197 Animal Shelter Contract S…17,184.10 101-6004-60690 Uniforms 527.50 101-6006-60125 Temporary Agency Servic…1,474.25 219 Demand Register Packet: APPKT03117 - 04/29/2022 JB 5/9/2022 2:51:05 PM Page 6 of 6 Account Summary Account Number Account Name Expense Amount 101-7003-60420 Operating Supplies 310.29 101-7006-60146 PM 10 - Dust Control 28.15 101-7006-60427 Safety Gear 206.61 201-7003-60429 Traffic Control Signs 2,579.77 201-7003-60431 Materials/Supplies 37.67 201-7003-60433 Paint/Legends 117.29 202-3004-60112 Landscape Contract 812.59 202-3004-60691 Maintenance/Services 8.13 202-3006-60112 Landscape Contract 169.58 202-3006-61200 Water - Utilities 191.40 202-3006-61300 Telephone - Utilities 122.98 215-7004-60104 Consultants 5,667.17 215-7004-60112 Landscape Contract 65,331.35 215-7004-60423 Supplies-Graffiti and Van…216.50 215-7004-60427 Safety Gear 157.68 215-7004-60431 Materials/Supplies 8,898.53 215-7004-60691 Maintenance/Services 4,768.00 215-7004-61116 Electric - Utilities 563.93 215-7004-61117 Electric - Medians - Utiliti…37.99 215-7004-61211 Water - Medians - Utilities 3,669.22 221-0000-60127 AB 939 Recycling Solutions 492.99 224-0000-20320 TUMF Payable to CVAG 256,901.00 401-0000-20600 Retention Payable -3,690.50 401-0000-60188 Construction 74,022.96 501-0000-60675 Parts, Accessories, and Up…203.84 501-0000-71030 Vehicles, Rentals & Leases 16,212.49 502-0000-13600 Prepaid Expense 35,825.89 502-0000-60301 Software Licenses 11,941.97 502-0000-61400 Cable/Internet - Utilities 236.89 503-0000-71060 Parks 111,339.00 601-0000-60660 Repair & Maintenance 313.68 Grand Total:952,554.72 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**855,203.39**None****None** 151609CT 212.96Construction Expense La Quinta X Park 18-002E 1,462.50TRAVERTINE CORPORATION EXP TRAVERTINE CORPORATION 201804E 11,247.10Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 201806E 1,268.33SilverRock Event Modular Building E…SilverRock Event Space Modular Building 201907CT 19,000.00Construction Expense Fire Station 70 Revitalization 201907RP -950.00Retention Payable Fire Station 70 Revitalization 202007CT 54,810.00Construction Expense SilverRock Retention Basin Soil Stabilization 202007RP -2,740.50Retention Payable SilverRock Retention Basin Soil Stabilization 21-003E 12,211.01THE WAVE EXP CM WAVE DEVELOPMENT BDAYE 667.00City Picnic & Birthday Celebration Ex…City Picnic & Birthday Celebration XPARKE 162.93X Park Expenses X Park Grand Total:952,554.72 220 5/9/2022 2:47:43 PM Page 1 of 7 Demand Register City of La Quinta Packet: APPKT03126 - 05/06/22 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 2,404.69Electric - SilverRock Event Site -…04/28/22 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61115 41.72Cable/Internet - Utilities04/16-05/15/22 - FS #70 CABLE (1860)207703CHARTER COMMUNICATIONS …101-2002-61400 94.41Cable/Internet - Utilities04/16-05/15/22 - FS #32 CABLE (8152)207703CHARTER COMMUNICATIONS …101-2002-61400 3,248.90Community Experiences04/30/22 - SNOW CONES FOR CITY PICNIC207739THE CONE ZONE 101-3003-60149 4,800.00Marketing & Tourism Promoti…04/21/22 - KAY WOLFF/FOUNDING OF LQ …207698BOX OF KITTENS 101-3007-60461 113.79Cable/Internet - Utilities04/24-05/23/22 - FS #93 CABLE (2415)207703CHARTER COMMUNICATIONS …101-2002-61400 380.00Maintenance/Services04/21/22 - FIREANT TREATMENT AT PAIGE…207710DESERT TREE SPRAYING 101-3005-60691 300.00Maintenance/Services4/26/22 - FIREANT TREATMENT AT CIVIC …207710DESERT TREE SPRAYING 101-3005-60691 2,200.00Marketing & Tourism Promoti…04/20-05/17/22 - AIRPORT DIGITAL DISPL…207741THE LAMAR COMPANIES 101-3007-60461 235.00Maintenance/Services04/27/22 - PW ICE MACHINE REPAIRS207716FROSTY'S AIR CONDITIONING …101-3008-60691 135.93Safety Gear03/18/22 - SAFETY BOOTS A.BERUMEN207721JERNIGAN'S, INC 101-3008-60427 408.90Community Experiences04/06/22 - CANOPIES (4) FOR EVENTS207702CAPITAL ONE 101-3003-60149 12.88Community Experiences04/13/22 - EASTER BASKETS (8)207702CAPITAL ONE 101-3003-60149 226.07Community Experiences04/05/22 - CANOPIES (2) & ICE CHEST FOR…207702CAPITAL ONE 101-3003-60149 157.68Safety Gear03/29/22 - SAFETY BOOTS O.VARGAS207721JERNIGAN'S, INC 101-3008-60427 175.00Travel & Training6/7-6/12/22 - CA PRESERVATION CONFER…207701CALIFORNIA PRESERVATION F…101-6002-60320 25.00Travel & Training06/07/22 - WEBINAR B.RODRIGUEZ207699CACEO 101-6004-60320 25.00Travel & Training06/07/22 - WEBINAR G.DUCHENE207699CACEO 101-6004-60320 25.00Travel & Training06/07/22 - WEBINAR P.VILLANUEVA207699CACEO 101-6004-60320 25.00Travel & Training06/07/22 - WEBINAR M.SALAS207699CACEO 101-6004-60320 25.00Travel & Training06/07/22 - WEBINAR K.MEREDITH207699CACEO 101-6004-60320 25.00Travel & Training06/07/22 - WEBINAR A.MORENO207699CACEO 101-6004-60320 9,909.61School Officer01/13-02/09/22 - BP #8 SCHOOL RESOUR…207709DESERT SANDS UNIFIED SCHO…101-2001-60168 16,604.25School Officer02/10-03/09/22 - BP #9 SCHOOL RESOUR…207709DESERT SANDS UNIFIED SCHO…101-2001-60168 102.00Rental Expense05/04-12/31/22 - INSURANCE FOR INSTR…207696ALLIANT INSURANCE SERVICES …101-3003-60157 370.00Materials/Supplies04/28/22 - SRR PARK TREE INSTALLATION207747VINTAGE ASSOCIATES 101-3005-60431 805.26PrintingFY 22/23 BUDGET COVERS & TABS207749XPRESS GRAPHICS 101-1006-60410 501.96Community Experiences04/28/22 - CITY PICNIC SIGNS207749XPRESS GRAPHICS 101-3003-60149 164.41Printing04/28/22 - 40TH ANNIVERSARY PRINTED S…207749XPRESS GRAPHICS 101-3007-60410 7,059.19Fritz Burns Pool Programming01/2022 - FB POOL OPERATIONS & PROG…207708DESERT RECREATION DISTRICT 101-3003-60184 1,375.00Operating Supplies01/18-02/08/22 - DROP-IN FEES DUE TO …207708DESERT RECREATION DISTRICT 101-3002-60420 11.95Community Experiences04/28/22 - FORKS FOR CITY PICNIC207735SMART & FINAL 101-3003-60149 1,140.00Map/Plan Checking04/18/22 - FPM 2022-0001 ONCALL MAP …207731RASA/ERIC NELSON 101-7002-60183 1,351.60Temporary Agency Services04/22/22 - TEMP AGENCY SERVICES J.AG…207733ROBERT HALF 101-6004-60125 330.16Maintenance/Services03/11/22 - FS #70 ELECTRICAL SERVICE CA…207748VINTAGE E & S INC 101-2002-60691 606.24Maintenance/Services03/16/22 - EOC ELECTRICAL SERVICE CALL207748VINTAGE E & S INC 101-3008-60691 183.66Blood/Alcohol Testing04/06/22 - BLOOD/ALCOHOL ANALYSIS207697AMERICAN FORENSIC NURSES …101-2001-60174 18.90Postage04/15/22 - OVERNIGHT MAIL207713FEDEX 101-1007-60470 2,586.00Advertising05/02/22 - GRADUATION POLE BANNERS …207729PLANIT REPROGRAPHICS SYST…101-3007-60450 875.64Telephone - Utilities03/26-04/25/22 - LQPD CELL (6852)207746VERIZON WIRELESS 101-2001-61300 223.04Materials/Supplies04/22/22 - PADLOCKS (12)207742THE LOCK SHOP, INC 101-3005-60431 21,047.62Animal Shelter Contract Service12/2021 - ANIMAL SERVICES207706DEPARTMENT OF ANIMAL SER…101-6004-60197 38.87Gas - Utilities03/24-04/22/22 - FS #32 GAS SVC207740THE GAS COMPANY 101-2002-61100 381.09Gas - Utilities03/24-04/22/22 - CH GAS SVC207740THE GAS COMPANY 101-3008-61100 1,545.71Gas-Utilities FB Pool03/24-04/22/22 - FB POOL GAS SVC207740THE GAS COMPANY 101-3005-61100 138.90Gas - Utilities03/24-04/22/22 - WC GAS SVC207740THE GAS COMPANY 101-3008-61100 99.00Annual Wellness Dollar Reimb…03/23/22 - ANNUAL WELLNESS DOLLARS …207723LORETT, LORI 101-1004-50252 1,090.22Travel & Training04/24-04/26/22 - TRAVEL EXPENSE REIMB…207718GRAHAM, MARCIE 101-3007-60320 94.68Cable/Internet - Utilities04/22-05/21/22 - EOC CABLE207712DISH NETWORK 101-2002-61400 128.20Materials/Supplies04/20/22 - SENIOR CENTER ENTRY LOCK R…207742THE LOCK SHOP, INC 101-3008-60431 82.05Materials/Supplies04/20/22 - KEYS FOR SPORT COMPLEX PA…207742THE LOCK SHOP, INC 101-3005-60431 623.00Maintenance/Services03/11/22 - FS #32 HVAC TUNE UP207714FIRST CHOICE A/C & HEATING …101-2002-60691 1,602.00HVAC03/22/22 - CH HVAC TUNE UP207714FIRST CHOICE A/C & HEATING …101-3008-60667 221 Demand Register Packet: APPKT03126 - 05/06/22 JB 5/9/2022 2:47:43 PM Page 2 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 4,407.00HVAC03/25/25 - CH HVAC REPAIRS207714FIRST CHOICE A/C & HEATING …101-3008-60667 979.00HVAC03/07/22 - WC HVAC TUNE UP207714FIRST CHOICE A/C & HEATING …101-3008-60667 1,283.00HVAC03/08/22 - WC HVAC REPAIRS207714FIRST CHOICE A/C & HEATING …101-3008-60667 2,481.00Maintenance/Services03/11/22 - FS #32 HVAC REPARIS207714FIRST CHOICE A/C & HEATING …101-2002-60691 601.00Maintenance/Services03/09/22 FS #70 HVAC TUNE UP207714FIRST CHOICE A/C & HEATING …101-2002-60691 1,436.00Maintenance/Services03/10/22 - FS #93 HVAC TUNE UP207714FIRST CHOICE A/C & HEATING …101-2002-60691 2,572.00Electricity - Utilities04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-2002-61101 13.31Electric - Monticello Park - Utili…04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61102 2,178.90Electric - Civic Center Park - Uti…04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61103 1,405.64Electric - Fritz Burns Park - Utili…04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61105 2,865.00Electric - Sports Complex - Utili…04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61106 6,330.71Electric - Community Park - Util…04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61109 13.96Electric - Velasco Park - Utilities04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61111 23.52Electric - Eisenhower Park - Util…04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61113 13.31Electric - Desert Pride - Utilities04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3005-61114 13,997.20Electricity - Utilities04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 101-3008-61101 1,394.34Water - Civic Center Park - Utili…04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…101-3005-61202 3,484.93Water -Community Park - Utilit…04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…101-3005-61209 137.87PM 10 - Dust Control04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…101-7006-60146 10,756.00HVAC3/30/22 MAYOR'S OFFICE A/C EMERGENC…207714FIRST CHOICE A/C & HEATING …101-3008-60667 1,348.00HVAC04/04/22 - REPLACE SPEED BLOWER MOT…207714FIRST CHOICE A/C & HEATING …101-3008-60667 2,934.00HVAC03/28/22 - CH HVAC SPEED BLOWER MO…207714FIRST CHOICE A/C & HEATING …101-3008-60667 7,900.00Developer Deposits923768 - REIMBURSEMENT MATTERS207734RUTAN & TUCKER 101-0000-22810 21.50Attorney923760 - CODE ENFORCEMENT207734RUTAN & TUCKER 101-1003-60153 958.30Attorney923765 - DUNE PALMS PROJECT ROW207734RUTAN & TUCKER 101-1003-60153 73.00Attorney923763 - SRR RESORT207734RUTAN & TUCKER 101-1003-60153 11,000.00Attorney923762 - RETAINER MATTER207734RUTAN & TUCKER 101-1003-60153 720.00Attorney923758 - PERSONNEL GENERAL207734RUTAN & TUCKER 101-1003-60153 4,767.00Attorney923757 - GENERAL ACCOUNT207734RUTAN & TUCKER 101-1003-60153 764.50Attorney923766 - RESPONSES FOR PUBLIC RECORD…207734RUTAN & TUCKER 101-1003-60153 2,760.00Attorney923770 - STVR PHASE OUT CITIZENS BALL…207734RUTAN & TUCKER 101-1003-60153 48.00Attorney923767 - COVID 19 ADVICE207734RUTAN & TUCKER 101-1003-60153 144.00Attorney923764 - TELECOMMUNICATIONS207734RUTAN & TUCKER 101-1003-60153 936.00Attorney/Litigation923759 - LITIGATION GENERAL207734RUTAN & TUCKER 101-1003-60154 1,408.50Attorney/Litigation923759 - LQ ARTS FESTIVAL TRADEMARK207734RUTAN & TUCKER 101-1003-60154 65.25Operating Supplies05/2/22 - 2022 CA ELECTIONS CODE BOOK207711DFM ASSOCIATES 101-1005-60420 571.63Cable/Internet - Utilities04/26-05/25/22 - POLICE INTERNET207715FRONTIER COMMUNICATIONS…101-2001-61400 38.08Telephone - Utilities04/28-05/27/22 - SPORTS COMPLEX PHO…207715FRONTIER COMMUNICATIONS…101-3005-61300 822.31Fritz Burns Pool Maintenance04/25/22 - FB WADING POOL REPAIRS207727OCEAN SPRINGS TECH INC 101-3005-60184 83.68Water - Utilities04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…101-2002-61200 124.57Water -Eisenhower Park - Utilit…04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…101-3005-61203 1,592.29Water -Fritz Burns Park - Utiliti…04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…101-3005-61204 64.50Water -Velasco Park - Utilities04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…101-3005-61205 703.18Water - Utilities04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…101-3008-61200 167.30HVAC04/19/22 - CH AIR FILTER207722JOHNSTONE SUPPLY 101-3008-60667 706,843.40Sheriff Patrol01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60161 15,755.18Police Overtime01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60162 132,701.40Target Team01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60163 50,235.75Community Services Officer01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60164 84,007.87Special Enforcement/City Spec…01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60165 7,647.20Gang Task Force01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60166 15,294.40Narcotics Task Force01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60167 123,555.42Motor Officer01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60169 39,587.22Dedicated Sargeants01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60170 23,384.00Dedicated Lieutenant01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60171 29,146.86Sheriff - Mileage01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60172 455.22Special Enforcement Funds01/13-02/09/22 - BP #8 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60175 731,183.13Sheriff Patrol02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60161 31,809.52Police Overtime02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60162 128,975.26Target Team02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60163 222 Demand Register Packet: APPKT03126 - 05/06/22 JB 5/9/2022 2:47:43 PM Page 3 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 48,990.75Community Services Officer02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60164 15,294.40Gang Task Force02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60166 15,294.40Narcotics Task Force02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60167 123,555.42Motor Officer02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60169 41,139.66Dedicated Sargeants02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60170 23,384.00Dedicated Lieutenant02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60171 27,191.82Sheriff - Mileage02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60172 7,039.08Special Enforcement Funds02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…101-2001-60175 461.73Sheriff - Other02/25-03/24/22 - MOTOR FUEL CHARGES207732RIVERSIDE COUNTY SHERIFF D…101-2001-60176 1,121.25Professional Services03/2022 - ONCALL PLANNING SERVICES207738TERRA NOVA PLANNING & RE…101-6002-60103 Fund 101 - GENERAL FUND Total:2,606,618.80 Fund: 201 - GAS TAX FUND 638.03Electricity - Utilities04/28/22 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 201-7003-61101 2,060.00Road Improvements10/31/21-1/1/22 LAKE CAHUILLA RD ONC…207726NV5 201-7003-72111 97.50Road Improvements2/27-4/16/22 - LAKE CAHUILLA RD ONCALL…207726NV5 201-7003-72111 76.00Materials/Supplies05/2022 - DIG ALERT FEES207745UNDERGROUND SERVICE ALERT 201-7003-60431 Fund 201 - GAS TAX FUND Total:2,871.53 Fund: 202 - LIBRARY & MUSEUM FUND 14.30Gas - Utilities03/24-04/22/22 - LIBRARY GAS SVC207740THE GAS COMPANY 202-3004-61100 4,057.94Electricity - Utilities04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 202-3004-61101 1,257.13Electricity - Utilities04/28/222 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 202-3006-61101 507.00HVAC02/18/22 - MUSEUM HVAC MAINTENANC…207728PACIFIC WEST AIR CONDITION…202-3006-60667 375.20HVAC03/15/22 - LIBRARY HVAC PARTS207722JOHNSTONE SUPPLY 202-3004-60667 Fund 202 - LIBRARY & MUSEUM FUND Total:6,211.57 Fund: 212 - SLESA (COPS) FUND 6,103.40COPS Robbery Prevention02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…212-0000-60178 4,348.71COPS Burglary/Theft Preventi…02/10-03/09/22 - BP #9 POLICE SERVICE207732RIVERSIDE COUNTY SHERIFF D…212-0000-60179 Fund 212 - SLESA (COPS) FUND Total:10,452.11 Fund: 215 - LIGHTING & LANDSCAPING FUND 5,116.72Electric - Utilities04/28/22 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 215-7004-61116 2,534.79Electric - Medians - Utilities04/28/22 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 215-7004-61117 159.86Supplies-Graffiti and Vandalism04/19/22 - PAINT FOR GRAFFITI REMOVAL207743THE SHERWIN-WILLIAMS CO.215-7004-60423 75.20Materials/Supplies04/13/22 - PVC IRRIGATION PARTS207736SMITH PIPE & SUPPLY CO 215-7004-60431 401.85Materials/Supplies04/18/22 - IRRIGATION PARTS207736SMITH PIPE & SUPPLY CO 215-7004-60431 180.59Materials/Supplies04/19/22 - IRRIGATION PARTS207736SMITH PIPE & SUPPLY CO 215-7004-60431 1,767.10Materials/Supplies04/25/22 - PLANTS FS#93207724MACIAS NURSERY, INC.215-7004-60431 2,451.31Materials/Supplies04/20/22 - PLANTS207724MACIAS NURSERY, INC.215-7004-60431 1,325.86Materials/Supplies04/25/22 - PLANTS FS#32207724MACIAS NURSERY, INC.215-7004-60431 2,904.00Maintenance/Services04/28/22 - FS #32 PLANT REPLACEMENT207730PWLC II, INC 215-7004-60691 3,312.00Maintenance/Services04/29/22 - FS #93 PLANT REPLACEMENT207730PWLC II, INC 215-7004-60691 85.00Travel & Training03/04/22 - STREET CONSTRUCTION & MA…207725MAINTENANCE SUPERINTEND…215-7004-60320 10,582.92Water - Medians - Utilities04/28/22 - WATER SERVICE207704COACHELLA VALLEY WATER DI…215-7004-61211 38.79Materials/Supplies04/21/22 - PLANT207747VINTAGE ASSOCIATES 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:30,935.99 Fund: 235 - SO COAST AIR QUALITY FUND 880.45Electricity - Utilities04/28/22 - ELECTRICITY SERVICE207720IMPERIAL IRRIGATION DIST 235-0000-61101 Fund 235 - SO COAST AIR QUALITY FUND Total:880.45 Fund: 241 - HOUSING AUTHORITY 5,825.00Professional Services04/2022 - HOUSING CONSULTANT SERVIC…207700CAHA, BECKY 241-9101-60103 3,408.00Attorney923761 - HOUSING AUTHORITY207734RUTAN & TUCKER 241-9101-60153 Fund 241 - HOUSING AUTHORITY Total:9,233.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 780.00Technical2/27-4/16/22 MONROE ST PAVEMENT O…207726NV5 401-0000-60108 866.81Construction04/29/22 - JEFFERSON & AVE 53 ROUNDA…207729PLANIT REPROGRAPHICS SYST…401-0000-60188 92.81Construction04/26/22 - ELECTRICAL CONTACTS (4)207707DESERT ELECTRIC SUPPLY 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:1,739.62 Fund: 501 - FACILITY & FLEET REPLACEMENT 11,853.75Machinery & Equipment05/14/22 - SPEED RADAR TRAILER207737STALKER RADAR 501-0000-80100 223 Demand Register Packet: APPKT03126 - 05/06/22 JB 5/9/2022 2:47:43 PM Page 4 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 6,034.80Fuel & Oil04/01-04/15/22 - FUEL207744TOWER ENERGY GROUP 501-0000-60674 1,600.44Fuel & Oil04/2022 - FUEL CHARGES207717FUELMAN 501-0000-60674 Fund 501 - FACILITY & FLEET REPLACEMENT Total:19,488.99 Fund: 502 - INFORMATION TECHNOLOGY 10.52Cable/Internet - Utilities04/20-05/19/22 - WC CABLE (1909)207703CHARTER COMMUNICATIONS …502-0000-61400 266.66Cable/Internet - Utilities04/24-05/23/22 - WC CABLE (4601)207703CHARTER COMMUNICATIONS …502-0000-61400 765.00Public Works, Software Enhan…04/2022 - TRAFFIC SERVER MAINTENANCE207695ACORN TECHNOLOGY SERVICES 502-0000-71048 85.98Cable/Internet - Utilities04/25-05/24/22 - CH INTERNET207715FRONTIER COMMUNICATIONS…502-0000-61400 75.98Cable/Internet - Utilities04/27-05/26/22 - BLACKHAWK/LQ PARK D…207715FRONTIER COMMUNICATIONS…502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:1,204.14 Fund: 503 - PARK EQUIP & FACILITY FUND 2,503.27Parks03/25/22 - PARK EQUIPMENT207705DAVE BANG, INC.503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:2,503.27 Fund: 601 - SILVERROCK RESORT 450.00Repair & Maintenance04/26/22 - SRR RESTAURANT PLUMBING P…207719H&G HOME IMPROVEMENTS I…601-0000-60660 Fund 601 - SILVERROCK RESORT Total:450.00 Grand Total:2,692,589.47 224 Demand Register Packet: APPKT03126 - 05/06/22 JB 5/9/2022 2:47:43 PM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 2,606,618.80 201 - GAS TAX FUND 2,871.53 202 - LIBRARY & MUSEUM FUND 6,211.57 212 - SLESA (COPS) FUND 10,452.11 215 - LIGHTING & LANDSCAPING FUND 30,935.99 235 - SO COAST AIR QUALITY FUND 880.45 241 - HOUSING AUTHORITY 9,233.00 401 - CAPITAL IMPROVEMENT PROGRAMS 1,739.62 501 - FACILITY & FLEET REPLACEMENT 19,488.99 502 - INFORMATION TECHNOLOGY 1,204.14 503 - PARK EQUIP & FACILITY FUND 2,503.27 601 - SILVERROCK RESORT 450.00 Grand Total:2,692,589.47 Account Summary Account Number Account Name Expense Amount 101-0000-22810 Developer Deposits 7,900.00 101-1003-60153 Attorney 21,256.30 101-1003-60154 Attorney/Litigation 2,344.50 101-1004-50252 Annual Wellness Dollar Re…99.00 101-1005-60420 Operating Supplies 65.25 101-1006-60410 Printing 805.26 101-1007-60470 Postage 18.90 101-2001-60161 Sheriff Patrol 1,438,026.53 101-2001-60162 Police Overtime 47,564.70 101-2001-60163 Target Team 261,676.66 101-2001-60164 Community Services Offic…99,226.50 101-2001-60165 Special Enforcement/City …84,007.87 101-2001-60166 Gang Task Force 22,941.60 101-2001-60167 Narcotics Task Force 30,588.80 101-2001-60168 School Officer 26,513.86 101-2001-60169 Motor Officer 247,110.84 101-2001-60170 Dedicated Sargeants 80,726.88 101-2001-60171 Dedicated Lieutenant 46,768.00 101-2001-60172 Sheriff - Mileage 56,338.68 101-2001-60174 Blood/Alcohol Testing 183.66 101-2001-60175 Special Enforcement Funds 7,494.30 101-2001-60176 Sheriff - Other 461.73 101-2001-61300 Telephone - Utilities 875.64 101-2001-61400 Cable/Internet - Utilities 571.63 101-2002-60691 Maintenance/Services 5,471.16 101-2002-61100 Gas - Utilities 38.87 101-2002-61101 Electricity - Utilities 2,572.00 101-2002-61200 Water - Utilities 83.68 101-2002-61400 Cable/Internet - Utilities 344.60 101-3002-60420 Operating Supplies 1,375.00 101-3003-60149 Community Experiences 4,410.66 101-3003-60157 Rental Expense 102.00 101-3003-60184 Fritz Burns Pool Program…7,059.19 101-3005-60184 Fritz Burns Pool Maintena…822.31 101-3005-60431 Materials/Supplies 675.09 101-3005-60691 Maintenance/Services 680.00 101-3005-61100 Gas-Utilities FB Pool 1,545.71 101-3005-61102 Electric - Monticello Park -…13.31 101-3005-61103 Electric - Civic Center Park…2,178.90 101-3005-61105 Electric - Fritz Burns Park -…1,405.64 101-3005-61106 Electric - Sports Complex -…2,865.00 101-3005-61109 Electric - Community Park …6,330.71 101-3005-61111 Electric - Velasco Park - Uti…13.96 225 Demand Register Packet: APPKT03126 - 05/06/22 JB 5/9/2022 2:47:43 PM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 101-3005-61113 Electric - Eisenhower Park …23.52 101-3005-61114 Electric - Desert Pride - Uti…13.31 101-3005-61115 Electric - SilverRock Event…2,404.69 101-3005-61202 Water - Civic Center Park -…1,394.34 101-3005-61203 Water -Eisenhower Park -…124.57 101-3005-61204 Water -Fritz Burns Park - …1,592.29 101-3005-61205 Water -Velasco Park - Utili…64.50 101-3005-61209 Water -Community Park -…3,484.93 101-3005-61300 Telephone - Utilities 38.08 101-3007-60320 Travel & Training 1,090.22 101-3007-60410 Printing 164.41 101-3007-60450 Advertising 2,586.00 101-3007-60461 Marketing & Tourism Pro…7,000.00 101-3008-60427 Safety Gear 293.61 101-3008-60431 Materials/Supplies 128.20 101-3008-60667 HVAC 23,476.30 101-3008-60691 Maintenance/Services 841.24 101-3008-61100 Gas - Utilities 519.99 101-3008-61101 Electricity - Utilities 13,997.20 101-3008-61200 Water - Utilities 703.18 101-6002-60103 Professional Services 1,121.25 101-6002-60320 Travel & Training 175.00 101-6004-60125 Temporary Agency Servic…1,351.60 101-6004-60197 Animal Shelter Contract S…21,047.62 101-6004-60320 Travel & Training 150.00 101-7002-60183 Map/Plan Checking 1,140.00 101-7006-60146 PM 10 - Dust Control 137.87 201-7003-60431 Materials/Supplies 76.00 201-7003-61101 Electricity - Utilities 638.03 201-7003-72111 Road Improvements 2,157.50 202-3004-60667 HVAC 375.20 202-3004-61100 Gas - Utilities 14.30 202-3004-61101 Electricity - Utilities 4,057.94 202-3006-60667 HVAC 507.00 202-3006-61101 Electricity - Utilities 1,257.13 212-0000-60178 COPS Robbery Prevention 6,103.40 212-0000-60179 COPS Burglary/Theft Prev…4,348.71 215-7004-60320 Travel & Training 85.00 215-7004-60423 Supplies-Graffiti and Van…159.86 215-7004-60431 Materials/Supplies 6,240.70 215-7004-60691 Maintenance/Services 6,216.00 215-7004-61116 Electric - Utilities 5,116.72 215-7004-61117 Electric - Medians - Utiliti…2,534.79 215-7004-61211 Water - Medians - Utilities 10,582.92 235-0000-61101 Electricity - Utilities 880.45 241-9101-60103 Professional Services 5,825.00 241-9101-60153 Attorney 3,408.00 401-0000-60108 Technical 780.00 401-0000-60188 Construction 959.62 501-0000-60674 Fuel & Oil 7,635.24 501-0000-80100 Machinery & Equipment 11,853.75 502-0000-61400 Cable/Internet - Utilities 439.14 502-0000-71048 Public Works, Software E…765.00 503-0000-71060 Parks 2,503.27 601-0000-60660 Repair & Maintenance 450.00 Grand Total:2,692,589.47 226 Demand Register Packet: APPKT03126 - 05/06/22 JB 5/9/2022 2:47:43 PM Page 7 of 7 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**2,669,971.61**None****None** 201709CT 866.81Construction Expense Ave 53 Jefferson St.Roundabout 201804E 657.64Landscape & Lighting Median Island …Landscape & Lighting Median Island Improvements 202001T 780.00Technical Expense Monroe Street Pavement Rehab (Ave 52, Ave 53) 202107T 2,157.50TechnicalLake Cahuilla Road 2122TMICT 92.81Construction Expense FY21/22 Traffic Maintenance Improvements 22006E 7,900.00GTGF LLC EXPENSE GTGF, LLC BDAYE 8,727.22City Picnic & Birthday Celebration Ex…City Picnic & Birthday Celebration CORONANR 1,423.00Corona Non Reimbursable Corona Virus Emergency Response EGGE 12.88La Quinta Egg Hunt Expense La Quinta Egg Hunt Grand Total:2,692,589.47 227 228 City of La Quinta Bank Transactions 4/25 – 5/6/2022 Wire Transaction Listed below are the wire transfers from 4/25 – 5/6/2022. Wire Transfers: 04/25/2022 - WIRE TRANSFER - AMERITAS LIFE 138.40$ 04/25/2022 - WIRE TRANSFER - STERLING HEALTH 145.81$ 04/25/2022 - WIRE TRANSFER - AMERITAS LIFE 414.96$ 04/28/2022 - WIRE TRANSFER - CALPERS 2,248.56$ 04/29/2022 - WIRE TRANSFER - CALPERS 392.98$ 04/29/2022 - WIRE TRANSFER - CALPERS 4,846.19$ 04/29/2022 - WIRE TRANSFER - CALPERS 14,001.97$ 04/29/2022 - WIRE TRANSFER - CALPERS 22,251.51$ 04/29/2022 - WIRE TRANSFER - ICMA 6,448.94$ 05/06/2022 - WIRE TRANSFER - COLONIAL LIFE 5,054.44$ 05/06/2022 - WIRE TRANSFER - CALPERS 113,122.37$ TOTAL WIRE TRANSFERS OUT $169,066.13 ATTACHMENT 2 229 230 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION SUPPORTING OCEAN WATER IMPORTATION TO REFILL THE SALTON SEA WHILE REDUCING GREENHOUSE GAS EMISSIONS RECOMMENDATION Adopt a resolution supporting ocean water importation to refill the Salton Sea while reducing greenhouse gas emissions. EXECUTIVE SUMMARY The inflow of water to the Salton Sea has decreased and pursuant to the Quantification Settlement Agreement, mitigation water inflows ended on December 31, 2017, and without restoration or stabilization measures, the Salton Sea will rapidly decline. In June 2018, the Counties of Imperial and Riverside entered into a Memorandum of Understanding (MOU) to work together, along with local agencies, on agreed projects that would stabilize and restore the Salton Sea. The Salton Sea Coalition has requested the City’s adopt a resolution showing its continued support of ocean water import to refill the Salton Sea, and request the Ocean Water Importation Independent Review Panel assess potential carbon emissions when conducting the comprehensive analysis of ocean water import as long-range solutions. The Guiding Principles of the City’s Legislative Policy Guide support a proactive and thoughtful stance regarding the enhancement, preservation, and conservation of the desert environment with emphasis on the Salton Sea. FISCAL IMPACT – None. BACKGROUND/ANALYSIS Recognizing that cooperation among stakeholders affected by the Salton Sea is paramount to solve its complex challenges, Riverside and Imperial Counties CONSENT CALENDAR ITEM NO. 12 231 signed an MOU in June 2018, calling for joint planning to ensure smooth development of a multi-benefit project known as the Perimeter Lake. Both counties plan to work together with local agencies on agreed projects and financing mechanisms such as an Enhanced Infrastructure Finance District (EIFD) which would support projects and stimulate economic development around the Salton Sea. This would include creating recreational lakes, supporting geothermal resource development, mitigating air quality issues, and preserving vital habitat. The City Council has adopted resolutions declaring its support as follows:  Resolution No. 2018-057, adopted November 20, 2018 – in support of the MOU, and recognizing the importance of collaboration among stakeholders affected by the Salton Sea as vital to solve the complex challenges and promote economic development, public health, air quality, and wildlife habitat.  Resolution No. 2019-012, adopted May 7, 2019 – in support of amending the MOU to include ocean water importation as a long-term solution for the restoration of the Salton Sea.  Resolution No. 2020-039, adopted November 17, 2020 – declaring the City’s continued support of a comprehensive analysis of all water import alternatives as part of the long-term solution for the Salton Sea; and calling for the State to continue to pursue the creation of an Ocean Water Importation Independent Review Panel to analyze water import alternatives and to allocate $2 million out of the $507.5 million available funds for engineering review of ocean water imports into the Salton Sea. The Ocean Water Import Independent Review Panel consists of scientists selected by UC Santa Cruz in August 2021 to conduct a comprehensive review of ocean water importation as part of the long-range solution for the Salton Sea that Coachella Valley cities called for in their resolutions in 2019 and 2020. The Long-Range Planning Committee of the Salton Sea Management Plan is comprised of state officials, agency officials, and a few representatives of the community. This committee is relying on Tetra Tech, a private engineering firm, to review plans from 15 years ago that were not implemented by the State due to the estimated $9 billion dollar cost. These plans do not include the importation of water, nor do they include any evaluation of potential greenhouse gas emissions. It is scientifically imperative to choose a long-term plan for the Salton Sea that takes greenhouse gas emissions into account. The planning committees have not explained the process or criteria for comparing the non-importation 232 proposals with the ocean water importation proposals, nor have they stated that they would evaluate the potential greenhouse gas emissions of the various plans. Finally, there is no public hearing scheduled during the months between now and December to receive public comments. The Salton Sea Coalition requested that public agencies impacted by the decline of the Salton Sea adopt resolutions supporting ocean water importation, including taking into account greenhouse gas emissions, as a long-term solution to restore the Salton Sea. The City’s Legislative Policy Guide is in line and supports the revitalization of the Salton Sea. Section VI – Encourage Preservation of Environment states in pertinent part that “La Quinta is a thriving desert oasis that supports a proactive and thoughtful stance regarding the enhancement and conservation of the desert environment that surrounds us including the Salton Sea.” ALTERNATIVES Council may elect to not adopt this resolution. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 233 234 RESOLUTION NO. 2022 – XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS CONTINUED SUPPORT FOR OCEAN WATER IMPORTATION TO REFILL THE SALTON SEA WHILE REDUCING GREENHOUSE GAS EMISSIONS WHEREAS, the inflow of water to the Salton Sea has decreased and pursuant to the Quantification Settlement Agreement, mitigation water inflows ended on December 31, 2017, and without restoration or stabilization measures, the Salton Sea will rapidly decline; and WHEREAS, The State of California (“State”) has developed the Salton Sea Management Program (“SSMP”) through departments within the California Natural Resources and Environmental Protection Agencies and is obligated to pay for certain costs related to habitat, and water quality issues at the Salton Sea; and WHEREAS, On November 20, 2018, the City of La Quinta adopted Resolution No. 2018-057 in support of a Memorandum of Understanding (MOU) with Riverside and Imperial Counites to work together with local agencies to collaborate with stakeholders affected by the Salton Sea. The goal was to solve complex challenges and promote economic development, public health, air quality, and wildlife habitat; WHEREAS, the California State Water Resources Control Board has an oversight role in monitoring and ensuring progress towards the goal of the SSMP and has set a deadline of December 31, 2022, for the completion of a long-term plan regarding the Salton Sea; and WHEREAS, On May 7, 2019, the City of La Quinta adopted Resolution No. 2019-012 to amend the MOU between the Counties of Imperial and Riverside to include ocean water importation analysis and incorporate it into the State’s 10-year SSMP plan, and for agencies and stakeholders to begin the analysis of water import alternatives so it could be completed by the December 31, 2022, deadline as set forth by the California State Water Resources Control Board for the long-term plan to restore the Salton Sea; and WHEREAS, the State requires that any water import project proposal include an engineering and logistic feasibility study conducted on behalf of the 235 Resolution No. 2022-0XX Support Analysis of Water Import Alternatives While Reducing Greenhous Gas Emission for Restoration of the Salton Sea Adopted: May 17, 2022 Page 2 of 3 proponent by an accredited or licensed engineering, planning, or equivalent organization recognized by the State prior to consideration by the SSMP; and WHEREAS, the State prepared a Request for Proposal (RFP) for an independent reviewer panel to conduct a feasibility study of water importation proposals in February 2020 and again in June 2020, neither of which received response; and WHEREAS, on November 17, 2020, the City of La Quinta adopted Resolution No. 2020-039 declaring its continued support of a comprehensive analysis of all water import alternatives as part of the long-term solution for the Salton Sea; and calling for the State to continue to pursue the creation of an Ocean Water Importation Independent Review Panel to analyze water import alternatives and to allocate $2 million out of the $507.5 million available funds for engineering review of ocean water imports into the Salton Sea; and WHEREAS, The Ocean Water Importation Independent Review Panel must consider potential carbon emissions when conducting the previously requested comprehensive analysis of ocean water import. This analysis must include emissions from a drying lakebed and proposed shallow water bodies as well as construction related emissions, to reduce greenhouse gasses to the atmosphere while considering long-range solutions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City of La Quinta declares its continued support of ocean water import to refill the Salton Sea. This is the long-range plan most likely to restore the ecosystem, protect public health, support recreation and tourism, contribute to a vigorous regional economy, and avoid ongoing releases of greenhouse gases to the atmosphere. SECTION 2. The City of La Quinta requests that the Ocean Water Importation Independent Review Panel consider potential carbon emissions when conducting the comprehensive analysis of ocean water import, as requested in Resolution Nos. 2019-012 and 2020-039. This analysis must include emissions from a drying lakebed and proposed shallow water bodies as well as construction related emissions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of May, 2022, by the following vote: 236 Resolution No. 2022-0XX Support Analysis of Water Import Alternatives While Reducing Greenhous Gas Emission for Restoration of the Salton Sea Adopted: May 17, 2022 Page 3 of 3 AYES: NOES: ABSENT: ABSTAIN: __________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 237 238 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE ONE-YEAR TERM EXTENSION OF SOLUTIONS MAINTENANCE AGREEMENT WITH SUPERION, LLC TO PROVIDE HOSTING AND MAINTENANCE SERVICES FOR THE CITY’S TRAKiT PERMITTING SOFTWARE FOR FISCAL YEAR 2022/23 RECOMMENDATION Approve one-year term extension for fiscal year 2022/23 to the Solutions Maintenance Agreement with Superion, LLC, in the amount of $77,749.02, to provide hosting and maintenance services, and electronic plan review for TRAKiT permitting software. EXECUTIVE SUMMARY In 2013, the City purchased TRAKiT permitting software from CRW Systems, an integrated software solution to electronically process and track all development related permits. CRW Systems was subsequently acquired by Superion, LLC. In 2020, the City entered into a Solutions Maintenance Agreement (Agreement) (Attachment 2) with Superion, LLC to provide hosting and maintenance services for TRAKiT; the term of the Agreement may automatically renew annually at the City’s election, unless terminated. Renewing the Agreement will allow continued use of the current TRAKiT permitting software while the City transitions to new permitting software, ensuring uninterrupted online permitting services. FISCAL IMPACT The annual cost for hosting and maintenance of existing services is $76,606, and the Bluebeam license which allows electronic review of plans is $1,143, for a total of $77,749 for fiscal year (FY) 2022/23. Funds are budgeted in the Information Technology Fund (502-0000-60301) and future expenses would be included in the 2022/23 budget when adopted. CONSENT CALENDAR ITEM NO. 13 239 BACKGROUND/ANALYSIS In October 2013, following a thorough request for proposals (RFP) and selection process, TRAKiT software was selected as the City’s integrated permit software platform for the Hub. TRAKiT was implemented in June 2014. The software was originally managed by CRW Systems which was subsequently acquired by Superion, LLC. In 2020, the City entered into a one-year Agreement with Superion, LLC. to provide hosting and maintenance services for TRAKiT; the term of the Agreement may automatically renew annually, for one additional year, at the City’s election, unless terminated. The Agreement was renewed for FY 2021/22. The Renewal Order (Attachment 1) provides a breakdown and lists the annual costs for providing hosting and essential maintenance services for TRAKiT for FY 2022/23. The Agreement term renewal is for an additional year ending June 30, 2023. The City currently uses the permitting software to process and issue permits, and to facilitate online permit and project submittals and issuance. Bluebeam is used for electronic review of plans, which eliminates the need for multiple sets of paper plans with corrections and allows for electronic resubmittal of plans. Hosting and maintenance services are necessary for optimization, error correction, enhancements, implementation of new releases, and general support efforts. In November 2020, staff issued a RFP for permit tracking and licensing software services and received nine proposals. Tyler Technologies, Inc. (Tyler) demonstrated enhanced comprehensive services that provides the customer with more search information capability, ease of use for both customer and staff, and greater reporting data for the City. On October 19, 2021, Council approved an agreement for contract services with Tyler for permitting software to replace the current TRAKiT software; this transition in software will be completed in the next 12 to 24 months. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Tommi Sanchez, Hub Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Superion Renewal Order 2. Superion Solutions Maintenance Agreement 240 MORE INFORMATION AT CENTRALSQUARE.COM Renewal Order prepared by: Tim DeMoor tim.demoor@centralsquare.com Thank you for your continued business. We at CentralSquare appreciate and value our relationship and look forward to serving you in the future. CentralSquare provides software that powers over 8,000 communities. More information about all of our products can be found at www.centralsquare.com. WHAT SOFTWARE IS INCLUDED? _____ PRODUCT NAME QUANTITY TOTAL 1.Bluebeam Server API for TRAKiT Annual Maintenance Fee 1 0.00 USD 2.CodeTRAK Annual Maintenance Fee 1 0.00 USD 3.CRM TRAK Annual Maintenance Fee 1 0.00 USD 4.eTRAKiT Citizen Portal Annual Maintenance Fee 1 0.00 USD 5.eTRAKiT Credit Card API Annual Maintenance Fee 1 0.00 USD 6.eTRAKiT eCheck API 1 1,093.95 USD 7.eTRAKiT eCheck API 1 1,157.63 USD 8.Horizon Cloud for TRAKiT Annual Access Fee 1 15,315.38 USD 9.iTRAKiT Code Annual Maintenance Fee 1 0.00 USD 10.iTRAKiT Inspect Annual Maintenance Fee 1 0.00 USD 11.iTRAKiT Mobile Annual Maintenance Fee 1 0.00 USD 12.iTRAKiT Suite Annual Maintenance Fee 1 0.00 USD 13.LandTRAK Annual Maintenance Fee 1 0.00 USD 14.LicenseTRAK Annual Maintenance Fee 1 0.00 USD 15.PermitTRAK Annual Maintenance Fee 1 0.00 USD 16.ProjectTRAK Annual Maintenance Fee 1 0.00 USD 17.TRAKiT Community Development Core Annual Maintenance Fee 1 0.00 USD 18.TRAKiT Credit Card Reader Interface Annual Maintenance Fee 1 1,157.63 USD Renewal Order #: Q-88904 Start Date: July 1, 2022 End Date: June 30, 2023 Billing Frequency: Yearly Subsidiary: Superion, LLC Renewal Order prepared for: Tommi Sanchez, Hub Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7077 ATTACHMENT 1 241 MORE INFORMATION AT CENTRALSQUARE.COM Renewal Order prepared by: Tim DeMoor tim.demoor@centralsquare.com 19. TRAKiT End User License Annual Maintenance Fee 1 57,881.25 USD Renewal Order Total: 76,605.84 USD Billing Information Fees will be payable within 30 days of invoicing. Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only. The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above. Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of the Customer. This is not an invoice. For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the “Ship To” location provided by Customer on the Renewal Order Form. 242 MORE INFORMATION AT CENTRALSQUARE.COM Renewal Order prepared by: Andrew Gallagher andrew.gallagher@centralsquare.com Thank you for your continued business. We at CentralSquare appreciate and value our relationship and look forward to serving you in the future. CentralSquare provides software that powers over 8,000 communities. More information about all of our products can be found at www.centralsquare.com. WHAT SOFTWARE IS INCLUDED? _____ PRODUCT NAME QUANTITY TOTAL 1. Bluebeam Standard License Annual Maintenance Fee 10 1,143.10 USD 2. Bluebeam Standard License Annual Maintenance Fee 5 0.00 USD Renewal Order Total: 1,143.10 USD Billing Information Fees will be payable within 30 days of invoicing. Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only. The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, ra ther than the Unit Price displayed above. Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of the Customer. This is not an invoice. For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the “Ship To” location provided by Customer on the Renewal Order Form. Renewal Order #: Q-96950 Start Date: October 1, 2022 End Date: September 30, 2023 Billing Frequency: Yearly Subsidiary: Superion, LLC Renewal Order prepared for: Tommi Sanchez, Hub Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7077 243 244 Z D M E M O R A N D U M TO: Jon McMillen, City Manager FROM: Tommi Sanchez, Hub Manager DATE: 4/24/2020 RE: Solution Maintenance Agreement with Superion, LLC to Provide Hosting and Maintenance Services for the City’s Permitting Software (Trakit) Attached for your signature. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: Contract payments will be charged to account number: 502-0000-60310______ Amount of Agreement, Amendment, Change Order, etc.: $_137,258.88_ A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or ____ reportable interests X 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 upon: X Approved by the City Council on __4/21/2020______ City Manager’s signature authority provided under Resolution No. 2019-021 for budgeted expenditures of $50,000 or less. This expenditure is $___________ and authorized by Director 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: X Insurance certificates as required by the agreement (approved by Risk Manager on date) Performance bonds as required by the agreement (originals) City of La Quinta Business License number ________________________ x_ A requisition for a Purchase Order has been prepared (amounts over $5,000) ATTACHMENT 2 245 246 2 4.4. “Baseline” means the version of a Superion Solution updated to the particular time in question through Superion’s warranty services and maintenance, but without any other modification whatsoever. 4.5. “Component System” means any one of the Superion Solutions Customer has currently licensed, subscribed to, or been granted cloud access to, including all copies of Source Code, Object Code and all related specifications, Documentation, technical information, and all corrections, modifications, additions, development work, improvements and enhancements to and all Intellectual Property Rights for such Component System. 4.6. "Customer Data" means information, data, and content, in any form or medium, collected, downloaded, or otherwise received, directly or indirectly from Customer, an Authorized User or end-users by or through the Superion Solutions, provided the data is not personally identifiable and not identifiable to Customer. 4.7. “Custom Modification” means a change that Superion has made at Customer’s request to any Component System in accordance with a Superion-generated specification, but without any other changes whatsoever by any Person. 4.8. "Customer Systems" means the Customer's information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated by Customer or through the use of third-party services. 4.9. “Defect” means a material deviation between the Baseline Superion Solution and its Documentation, for which Defect Customer has given Superion enough information to enable Superion to replicate the deviation on a computer configuration that is both comparable to the Customer Systems and that is under Superion’s control. Further, with regard to each Custom Modification, Defect means a material deviation between the Custom Modification and the Superion-generated specification and documentation for such Custom Modification, and for which Defect Customer has given Superion enough information to enable Superion to replicate the deviation on a computer configuration that is both comparable to the Customer Systems and that is under Superion’s control. 4.10. "Documentation" means any manuals, instructions, or other documents or materials that Superion provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Superion Solutions, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof. 4.11. “Enhancements” means general release (as opposed to custom) changes to a Baseline Component System or Custom Modification which increase the functionality of the Baseline Component System or Custom Modification in question. 4.12. "Harmful Code" means any software, hardware, device or other technology, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data Processed thereby; or (b) prevent Customer or any Authorized User from accessing or using the Superion Solutions as intended by this Agreement. 4.13. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. 4.14. “Maintenance” means optimization, error correction, modifications, and updates to Superion Systems to correct any known Defects and improve performance. Maintenance will be provided for each Component System, the hours and details of which are described in Exhibit 2 (“Support Standards”). 4.15. “New Releases” means new editions of a Baseline Component System or Custom Modification. 4.16. “Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association, or other entity. 4.17. "Personal Information" means any information that does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located. Personal Information includes all "nonpublic personal information" as defined under the Gramm-Leach-Bliley Act, "protected health information" as defined under the Health and Insurance Portability and Accountability Act of 1996, Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and regulations issued under any of the foregoing. 247 3 4.18. “Professional Services” means installation, implementation, development work, training or consulting services including custom modification programming, support relating to custom modifications, on-site support services, assistance with data transfers, system restarts and reinstallations provided by Superion. 4.19. “Representatives" means, with respect to a party, that party's employees, officers, directors, agents, subcontractors, and legal advisors. 4.20. "Superion Personnel" means all individuals involved in the performance of Support Services and Professional Services as employees, agents, Subcontractors or independent contractors of Superion. 4.21. "Superion Solution(s)" means the Component Systems, Documentation, Custom Modifications, development work, Superion Systems and any and all information, data, documents, materials, works, devices, methods, processes, hardware, software, technologies, inventions, deliverables, technical or functional descriptions, requirements, plans, and reports, provided or used by Superion or any Subcontractor in connection with Support Services rendered under this Agreement. 4.22. "Superion Systems" means the information technology infrastructure used by or on behalf of Superion to deliver Superion Solutions, including all computers, software, hardware, databases, electronic systems including database management systems), and networks, whether operated directly by Superion or through the use of third-party services. 4.23. “Support Services” means Maintenance, Enhancements, implementation of New Releases, and general support efforts to respond to incidents reported by Customer in accordance with the detailed Support Standards outlined in Exhibit 2. 4.24. "Third-Party Materials" means materials and information, in any form or medium, including any software, documents, data, content, specifications, products, related services, equipment, or components of or relating to the Superion Solutions that are not proprietary to Superion. 5. Support Services, Access & Delivery. 5.1. Maintenance & Support: Subject to and conditioned on Customer and their Authorized Users' compliance with the terms and conditions of this Agreement, during the Term Superion will provide to Customer Support Services in accordance with the Support Standards outlined in Exhibit 2, to include Maintenance actions, optimization, error correction, modifications, updates, correcting known Defects, improving performance, Enhancements, implementation of New Releases, general support efforts, and responding to incidents reported by Customer in accordance with the detailed Support Standards in Exhibit 2. 5.2. Access, Scope of Use & Delivery. Subject to and conditioned on Customer and their Authorized Users' compliance with the terms and conditions of this Agreement, Superion hereby grants Customer a non- exclusive, non-transferable right to access and use the Solutions, solely by Authorized Users. Such use is limited to Customer's internal use. 5.3. Delivery. For additional purchases of software and/or hardware from Superion (or Third-Party Offerings through Superion) during the Maintenance Term via Add-On Quote or similar supplemental procurement agreement, Superion shall deliver to Customer the initial copies of the Superion Solution(s) purchased by (a) electronic delivery, by posting it on Superion’s network for downloading, or similar suitable electronic file transfer method, or (b) physical shipment, such as on a disc or other suitable media transfer method. Physical shipment is on FOB-Superion’s shipping point, and electronic delivery is deemed effective at the time Superion provides Customer with access to download the Superion Solutions. The date of such delivery shall be referred to as the “Delivery Date.” 6. System Control, Limitations & Exceptions. 6.1. System Control. Except as otherwise expressly provided in this Agreement: (i) Superion has and will retain sole control over the operation, provision, maintenance, and management of the Superion Solutions; and (ii) Customer has and will retain sole control over the operation, maintenance, management of, and all access to and use of, the Customer Systems, and sole responsibility for access to and use of the Superion Solutions by any Person by or through the Customer Systems or other means controlled by Customer or any Authorized User, including any reports or results obtained from any use of the Superion Solutions, and conclusions, decisions, or actions based on such use. 6.2. Limitations. Customer must provide Superion with such facilities, equipment and support as are reasonably necessary for Superion to perform its obligations under this Agreement, including, if required by Superion, remote access to the Customer Systems. Superion is not responsible or liable for any delay or failure of performance caused in whole or in part by any Customer delay or Customer’s failure to perform any obligations under this Agreement. 248 4 6.3. Exceptions. Superion has no obligation to provide Support Services relating to any Defect with the Superion Solutions that, in whole or in part, arise out of or result from any of the following: 6.3.1. software, or media on which provided, that is modified or damaged by Customer or third party; 6.3.2. any operation or use of, or other activity relating to, the Superion Solutions other than as specified in the Documentation, including any incorporation, or combination, operation or use of the Superion Solutions in or with, any technology (software, hardware, firmware, system, or network) or service not specified for Customer's use in the Documentation; 6.3.3. any negligence, abuse, misapplication, or misuse of the Superion Solution other than by Superion personnel, including any Customer use of the Superion Solution other than as specified in the Documentation or expressly authorized in writing by Superion; 6.3.4. if applicable for various premise based Superion Solutions, any Customer's failure to promptly install any New Releases that Superion has previously made available to Customer; 6.3.5. the operation of, or access to, Customer's or a third party's system, materials or network; 6.3.6. any relocation of the Superion Solution other than by Superion personnel; 6.3.7. any beta software, software that Superion makes available for testing or demonstration purposes, temporary software modules, or software for which Superion does not receive a fee; 6.3.8. any breach of or noncompliance with any provision of this Agreement by Customer or any of its Representatives or any Force Majeure Event (including abnormal physical or electrical stress). 7. Reservation of Rights. Except for the specified rights outlined in this Section, nothing in this Agreement grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Support Services, Superion Solutions, or Third-Party Materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in the Superion Solutions, and the Third-Party Materials are and will remain with Superion and the respective rights holders. 8. Changes. Superion reserves the right, in its sole discretion, to make any changes to the Support Services and Superion Solutions that it deems necessary or useful to: (a) maintain or enhance the quality or delivery of Superion's services to its customers, the competitive strength of or market for Superion's services, or the Support Services' cost efficiency or performance; or (b) to comply with applicable law. Without limiting the foregoing, either party may, at any time during the Term, request in writing changes to particular Support Services, Professional Services or their product suite of Superion Solutions. The parties shall evaluate and, if agreed, implement all such requested changes. No requested changes will be effective unless and until memorialized in either a Superion issued Add-On Quote signed by the Customer, or a written change order or amendment to this agreement signed by both parties. 9. Subcontractors. Superion may from time to time in its discretion engage third parties to perform Support Services (each, a "Subcontractor"). 10. Security Measures. The Superion Solution may contain technological measures designed to prevent unauthorized or illegal use of the Superion Solution. Customer acknowledges and agrees that: (a) Superion may use these and other lawful measures to verify compliance with the terms of this Agreement and enforce Superion’s rights, including all Intellectual Property Rights, in and to the Superion Solution; (b) Superion may deny any individual access to and/or use of the Superion Solution if Superion, in its reasonable discretion, believes that person’s use of the Superion Solution would violate any provision of this Agreement, regardless of whether Customer designated that person as an Authorized User; and (c) Superion may collect, maintain, process, use and disclose technical, diagnostic and related non-identifiable data gathered periodically which may lead to improvements in the performance and security of the Superion Solutions. 11. Use Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Superion Solutions except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits: 11.1. copy, modify, or create derivative works or improvements of the Superion Solutions, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Superion Solutions to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; 11.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Superion Solutions, in whole or in part; 249 5 11.3. bypass or breach any security device or protection used by Superion Solutions or access or use the Superion Solutions other than by an Authorized User through the use of his or her own then valid access; 11.4. input, upload, transmit, or otherwise provide to or through the Superion Systems, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code; 11.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Superion Systems, or Superion's provision of services to any third party, in whole or in part; 11.6. remove, delete, alter, or obscure any trademarks, Specifications, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Documentation or Superion Solutions, including any copy thereof; 11.7. access or use the Superion Solutions in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable law; 11.8. access or use the Superion Solutions for purposes of competitive analysis of the Superion Solutions, the development, provision, or use of a competing software service or product or any other purpose that is to Superion's detriment or commercial disadvantage or otherwise access or use the Superion Solutions beyond the scope of the authorization granted under this Section. 12. Customer Obligations. 12.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain, and operate in good repair all Customer Systems on or through which the Superion Solutions are accessed or used; (b) provide Superion Personnel with such access to Customer's premises and Customer Systems as is necessary for Superion to perform the Support Services in accordance with the Support Standard; and (c) provide cooperation as Superion may reasonably request to enable Superion to exercise its rights and perform its obligations under and in connection with this Agreement. 12.2. Effect of Customer Failure or Delay. Superion is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of its obligations under this Agreement. 12.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited by Section 11, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Superion Solutions and permanently erasing from their systems and destroying any data to which any of them gained unauthorized access); and (b) notify Superion of any such actual or threatened activity. 13. Confidentiality. 13.1. Confidential Information. "Confidential Information" means information in any form or medium (whether oral, written, electronic, or other) that the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party's technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations. Without limiting the foregoing, Confidential Information of Superion includes the Superion Solutions, all software provided with the Superion Solutions, and algorithms, methods, techniques and processes revealed by the Source Code of the Superion Solutions and any software provided with the Superion Solutions. In connection with this Agreement each party (as the "Disclosing Party") may disclose or make available Confidential Information to the other party (as the "Receiving Party"). 13.2. Exclusions. Confidential Information does not include information that: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party or any of its Representatives' noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that was or is independently developed by the Receiving Party without reference or use of any Confidential Information. 13.3. Protection of Confidential Information. As a condition to being provided with any disclosure of or access to Confidential Information, the Receiving Party shall: 13.3.1. not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations under and in accordance with this Agreement; 250 6 13.3.2. not disclose or permit access to Confidential Information other than to its Representatives who: i) need to know such Confidential Information for purposes of the Receiving Party's exercise of its rights or performance of its obligations under and in accordance with this Agreement; (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party's obligations under this Section; and (iii) are bound by written confidentiality or restricted use obligations at least as protective of the Confidential Information as the terms in this Section; 13.3.3. safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree of care it uses to protect its sensitive information and in no event less than a reasonable degree of care; 13.3.4. ensure its Representatives' compliance with, and be responsible and liable for any of its Representatives' non-compliance with, the terms of this Section. 13.4. Compelled Disclosures. If the either Party or any of its Representatives is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by law, that Party shall: (a) promptly, and prior to such disclosure, notify the other Party in writing of such requirement so that they can seek a protective order or other remedy or waive its rights under Section .3; and (b) provide reasonable assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this Section, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that the Receiving Party is legally required to disclose. 13.5. Trade Secrets. Notwithstanding any other provisions of this Agreement, the Receiving Party's obligations under this Section with respect to any Confidential Information that constitutes a trade secret under any applicable law will continue until such time, if ever, as such Confidential Information ceases to qualify for trade secret protection under one or more such applicable laws other than as a result of any act or omission of the Receiving Party or any of its Representatives. 14. Security. 14.1. Superion will implement commercially reasonable administrative, technical and physical safeguards designed to ensure the security and confidentiality of Customer Data, protect against any anticipated threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access or use of Customer Data. Superion will review and test such safeguards on no less than an annual basis. 14.2. Customer shall maintain, in connection with the operation or use of the Superion Solutions, adequate technical and procedural access controls and system security requirements and devices, necessary for data privacy, confidentiality, integrity, authorization, authentication and non-repudiation and virus detection and eradication. 14.3. To the extent that Authorized Users are permitted to have access to the Superion Solutions, Customer shall maintain agreements with such Authorized Users that adequately protect the confidentiality and Intellectual Property Rights of Superion in the Superion Solutions and Documentation, and disclaim any liability or responsibility of Superion with respect to such Authorized Users. 15. Personal Data. If Superion processes or otherwise has access to any personal data or personal information on Customer’s behalf when performing Superion’s obligations under this Agreement, then: 15.1. Customer shall be the data controller (where “data controller” means an entity which alone or jointly with others determines purposes for which and the manner in which any personal data are, or are to be, processed) and Superion shall be a data processor (where “data processor” means an entity which processes the data only on behalf of the data controller and not for any purposes of its own); 15.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant personal data or personal information to Superion so that Superion may lawfully use, process and transfer the personal data and personal information in accordance with this Agreement on Customer’s behalf, which may include Superion processing and transferring the relevant personal data or personal information outside the country where Customer and the Authorized Users are located in order for Superion to provide the Superion Solutions and perform its other obligations under this Agreement; and 15.3. Superion shall process personal data and information only in accordance with lawful and reasonable instructions given by Customer and as set out in and in accordance with the terms of this Agreement; and 251 7 15.4. each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data and personal information or its accidental loss, destruction or damage so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal data and personal information and the nature of the personal data and personal information being protected. If necessary, the parties will cooperate to document these measures taken. 16. Representations and Warranties. 16.1. Support Services Representation and Warranty. Superion represents, warrants, and covenants to Customer that during the Term, Superion will perform the Support Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with both generally recognized industry standards for similar services, and the specific guidance for support found in Exhibit 2, and will devote adequate resources to meet its obligations under this Agreement. If Customer reasonably believes that any Support Services failed to meet this warranty, they will follow their preferred escalation path outlined in the Support Standards below, including receipt of service credit. 16.2. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE, SUPERION MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO THE SUPERION SOLUTIONS, SUPPORT SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT SUPERION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHER, SUPERION EXPRESSLY DOES NOT WARRANT THAT A SUPERION SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE SUPERION SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN SUPERION PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. THIS AGREEMENT DOES NOT AMEND, OR MODIFY SUPERION’S WARRANTIES UNDER ANY AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF. 17. Notices. All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when delivered personally, sent by United States registered or certified mail, return receipt requested; transmitted by facsimile or email confirmed by United States first class mail, or sent by overnight courier. Notices must be sent to a Party at its address shown below, or to such other place as the Party may subsequently designate for its receipt of notices in writing by the other Party. If to Superion: Superion 1000 Business Center Dr. Lake Mary, FL. Phone: 407-304-3235 email: info@superion.com Attention: Senior Counsel / Contracts Department If to Customer: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Phone: ______________________ email: ________________________ Attention: __________________________ 18. Force Majeure. 18.1. No Breach or Default. Neither Party will be liable to the other for any failure or delay in fulfilling or performing any term of this Agreement (except for any payment obligation) when and to the extent such failure or delay is caused by any circumstances beyond such Party’s reasonable control (a “Force Majeure Event”), including Acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, national or regional emergency, riot or other civil-unrest, labor disruption, acts and omissions of third parties, governmental and judicial action (including embargoes, export or import restrictions) not the fault 252 8 of the Party failing or delaying in performance. 18.2. Affected Party Obligations. In the event of any failure or delay caused by a Force Majeure Event, the affected Party shall give prompt written notice to the other Party stating the period of time the occurrence is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event. 19. Mutual Indemnification. 19.1. Superion Indemnification. Superion shall indemnify, defend, and hold harmless Customer and Customer's officers, elected officials, directors, employees, agents, successors, and assigns from and against any and all losses incurred by or resulting from any Action by a third party (other than an Affiliate of Customer) that Customer's use of the Superion Solutions in accordance with this Agreement infringes or misappropriates such third party's US Intellectual Property Rights, US patents, copyrights, or trade secrets. The foregoing obligation does not apply to the extent that the alleged infringement arises from: 19.1.1. Third-Party Materials or Customer Data; 19.1.2. access to or use of the Superion Solutions in combination with any hardware, system, software, network, or other materials or service not provided by Superion or specified for Customer's use in the Documentation; 19.1.3. modification of the Superion Solutions other than: by or on behalf of Superion or with Superion's written approval in accordance with Superion's written specification; 19.1.4. failure to timely implement any modifications, upgrades, replacements, or enhancements made available to Customer by or on behalf of Superion; or 19.1.5. act, omission, or other matter described in Section 15.2 below, whether or not the same results in any Action against or losses by any Superion Indemnitee. 19.2. Customer Indemnification. Customer shall indemnify, defend, and hold harmless Superion and its officers, directors, employees, agents, successors, and assigns from and against any and all losses incurred by Superion resulting from any Action by a third party (other than an Affiliate of Superion) that arise out of or result from, or are alleged to arise out of or result from: 19.2.1. Customer Data, including any Processing of Customer Data by or on behalf of Superion in accordance with this Agreement; 19.2.2. Gross negligence or more culpable act or omission (including recklessness or willful misconduct) by Customer, any Authorized User, or any third party on behalf of Customer or any Authorized User, in connection with this Agreement. 19.3. Procedure. Each party shall promptly notify the other party in writing of any Action for which such party believes it is entitled to be indemnified. The party seeking indemnification shall cooperate with the other party at that party’s sole cost and expense. The indemnitor shall promptly assume control of the defense and shall employ counsel of its choice t hat is reasonably acceptable to the indemnitee to handle and defend the same. 19.4. Sole Remedy. THIS SECTION SETS FORTH CUSTOMER'S SOLE REMEDIES AND SUPERION'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES AND SUPERION SOLUTIONS OR ANY SUBJECT MATTER OF THIS AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 20. Termination. This Agreement may be terminated: 20.1. For cause by either Party, effective on written notice to the other Party, if the other Party materially breaches this Agreement and: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty 30) days after the non-breaching Party provides the breaching Party with written notice of such breach. 20.2. For lack of payment by written notice to Customer, if Customer’s failure to pay amounts due under this Agreement has continued more than ninety (90) days after delivery of written notice of non-payment. 20.3. Customer may cancel this Agreement at any time by proving no less than sixty (60) days prior written notice to Superion of its intent to Terminate. Customer will be responsible for payment of any money for services rendered through the date of Termination. In the event that Customer terminates under this Section 20.3, Customer shall not be entitled to a rebate, reimubursement or return of any annual fees paid in advance of such termination. 21. Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement: 253 9 21.1. all rights, access, and authorizations granted to Customer hereunder will immediately terminate and Customer shall immediately cease all use of and other activities with respect to Superion’s Confidential Information relating to the Superion Solutions, and within sixty (60) days deliver to Superion, or at Superion’s request destroy and erase Superion’s Confidential Information from all systems Customer directly or indirectly controls; and 21.2. all access or subscription fees, services rendered but unpaid, and any amounts due by Customer to Superion of any kind are immediately payable and due no later than thirty (30) days after the effective date of the termination or expiration, including anything that accrues within those thirty days. 21.3. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature (including but not limited to: Use Restrictions, Confidential Information, Warranty Disclaimers, Mutual Indemnifications & Limitations of Liability), should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement. 21.4. Return of Customer Data. If Customer requests in writing at least 10 days prior to the effective date of expiration or earlier termination of this Agreement, Superion shall within 60 days following such expiration or termination, deliver to Customer in Superion’s standard format the then most recent version of Customer Data maintained by Superion, provided that Customer has at that time paid all Fees then outstanding and any amounts payable after or as a result of such expiration or termination. 21.5. Deconversion. In the event of (i) expiration or earlier termination of this Agreement, or (ii) Customer no longer purchasing certain Superion Solutions (including those indicated to be Third-Party Materials), if Customer requests assistance in the transfer of Customer Data to a different vendor’s applications Deconversion”), Superion will provide reasonable assistance. Superion and Customer will negotiate in good faith to establish the relative roles and responsibilities of Superion and Customer in effecting Deconversion, as well as the appropriate date for completion. Superion shall be entitled to receive compensation for any additional consultation, software and documentation required for Deconversion on a time and materials basis at Superion’s then standard rates. 22. Assignment. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Superion's prior written consent, which consent Superion may give or withhold in its sole discretion. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation, or reorganization involving Customer (regardless of whether Customer is a surviving or disappearing entity) will be deemed to be a transfer of rights, obligations, or performance under this Agreement for which Superion's prior written consent is required. No delegation or other transfer will relieve Customer of any of its obligations or performance under this Agreement. Any purported assignment, delegation or transfer in violation of this Section is void. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors. 23. No Waiver. A Party’s failure to enforce its rights with respect to any single or continuing breach of this Agreement will not act as a waiver of the right of that Party to later enforce any such rights or to enforce any other or any subsequent breach. 24. Arbitration of Disputes. Any dispute, controversy or claim arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall be resolved by final and binding arbitration. 24.1. Arbitration Procedure. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s), the relief requested, and the proposed location. Within thirty (30) days of the receipt of the notice, the respondent shall deliver its answer any counterclaim(s), relief requested, and any proposed change to location. The tribunal shall consist of three 3) arbitrators, appointed as follows: The claimant shall appoint an arbitrator in the request for arbitration and the respondent shall appoint an arbitrator in the answer. The two arbitrators so appointed shall, within thirty (30) days of delivery of the answer, appoint a third arbitrator who shall act as the chair of the tribunal. The tribunal shall decide the procedures in the arbitration after consultation with the parties. The tribunal may make its decisions by a majority. The tribunal shall have the power to grant any provisional or final remedy or relief it deems appropriate, including conservatory measures and an award of attor neys’ fees. The parties agree that judgment may be entered upon the award by any court having jurisdiction. 25. Jurisdiction and Governing Law. This Agreement and any dispute or claim arising, directly or indirectly, out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) is governed by, and shall be construed and enforced in accordance with, the laws of the State of Florida excluding choice of law. Each party irrevocably (i) agrees that a County or Circuit Court in the Eighteenth Judicial Circuit, in and for Seminole County, Florida, or the United States District for the Middle District of Florida, shall have 254 10 exclusive jurisdiction to settle any dispute, controversy or claim arising, directly or indirectly, out of or in connection with this Agreement, or the breach, termination or validity thereof (including non-contractual disputes or claims) and that such court shall be the proper venue therefor; (ii) waives the right to trial by jury, (iii) consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which the party is to receive notice and (iv) agrees that the prevailing party shall be entitled to recover its reasonable attorney's fees, court costs and other legal expenses from the other party. 26. Severability. If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from the Agreement and the remaining provisions of the Agreement will remain in full force and effect. 27. LIMITATIONS OF LIABILITY. LIMITED LIABILITY OF SUPERION. SUPERION’S LIABILITY IN CONNECTION WITH THE SERVICES, IMPROVEMENTS OR ANY OTHER MATTER RELATING TO THIS AGREEMENT WILL NOT EXCEED FEES THAT CUSTOMER ACTUALLY PAID TO SUPERION IN THE PREVIOUS TWELVE MONTHS PRECEDING THE ACTIONS LEADING TO WHEN SUCH LIABILITY AROSE. IN ANY EVENT, SUPERION SHALL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM THE CRIMINAL ACTS OF THIRD PARTIES. EXCLUSION OF DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL SUPERION, SUPERION PERSONNEL, SUBCONTRACTORS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY (I) LOSS OF DATA, BUSINESS, REVENUE, PROFIT, GOODWILL, OR REPUTATION, (II) BUSINESS INTERRUPTION, INCREASED COSTS, OR DIMINUTION IN VALUE, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE; AND WHETHER OR NOT SUPERION, SUPERION PERSONNEL, SUBCONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. BASIS OF THE BARGAIN. CUSTOMER ACKNOWLEDGES THAT SUPERION HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 28. Third-Party Materials. Customer is hereby advised that Superion provides front-line support services for third parties, but these third parties assumes all responsibility for and liability in connection with the Third-Party Materials. Superion is not authorized to make any representations or warranties that are binding upon the third party or to engage in any other acts that are binding upon the third party, excepting specifically that Superion is authorized to represent the fees for the Third-Party Materials as the same is provided for in the Agreement and to accept payment of such amounts from Customer on behalf of the third party for as long as such third party authorizes Superion to do so. As a condition precedent to installing/accessing any Third-Party Materials, Customer may be required to execute a click-through, shrink-wrap EULA or similar agreement provided by the Third-Party Materials provider. 29. Entire Agreement; Amendment and Modification. This Agreement contains the entire understanding of the parties with respect to Maintenance, Support, Access, Service Levels and its subject matter, and supersedes and extinguishes all prior oral and written communications between the parties about these services and this subject matter. Nothing contained herein is intended to supersede or nullify any terms and conditions, rights, grants or licensed products purchased previously between the parties in prior Agreements. No modification of this Agreement will be effective unless in writing, signed by each Party, and expressly states that it amends this Agreement. Notwithstanding anything to the contrary herein, official Add-On Quotes on Superion letterhead issued by authorized Superion representatives and signed by Customer shall constitute supplemental order form amendments to this Agreement by allowing additional products or services to be added when needed. 30. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement. 31. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 32. Cooperative Purchases. This Contract may be used by other government agencies. Superion has agreed to offer similar services to other agencies under the same terms and conditions as stated herein except that 255 11 the compensation may be negotiated between Superion and other agencies based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The Customer will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases by such agencies. 33. Incorporated Exhibits to this Agreement: 33.1. Exhibit 1 – Project Cost Summary 33.2. Exhibit 2 - Maintenance & Support Standards 256 1 EXHIBIT 1 Project Cost Summary PAYMENT TERMS: a. Annual Support & Maintenance Fees are due thirty (30) days prior to commencement of the above Term and annually thereafter on the anniversary of the Execution Date. b. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such taxes, Customer must provide Superion valid proof of exemption; otherwise, Superion will invoice Customer and Customer will pay to Superion all such tax amounts. c. If Customer fails to make any payment when due, then Superion may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if lower, the highest rate permitted under applicable law; and If such failure continues for 90 days following written notice thereof, Superion may suspend performance or access until past due amounts have been paid. Code Customer Contract # Application Qty 7/1/2019-6/30/2019 7/1/2020-6/30/2021 4464 La Quinta, CA Q-00002160 eTRAKiT eCheck API 1 945.00$ 992.25$ 4464 La Quinta, CA LAQUINTA-1 TRAKiT-(20 Users) 1 50,000.00$ 52,500.00$ 4464 La Quinta, CA LAQUINTA-1 TRAKiT Credit Card Reader Interface 1 1,000.00$ 1,050.00$ 4464 La Quinta, CA LAQUINTA-1 AEC TRAK 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 CodeTRAK 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 CRM TRAK 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 Citizen Portal - eTRAKiT 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 Mobility Suite - iTRAKiT 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 LandTrak 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 LicenseTRAK 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 MobileTRAK 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 PermitTRAK 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 ProjectTRAK 1 -$ -$ 4464 La Quinta, CA 150734 BlueBeam Server API for TRAKiT 1 -$ -$ 4464 La Quinta, CA LAQUINTA-1 eTRAKiT Credit Card API 1 -$ -$ 4464 La Quinta, CA Q-00002160 eTRAKiT eCheck API 1 1,000.00$ 1,050.00$ 4464 La Quinta, CA 27058 ASP - TRAKiT 1 See below 13,891.50$ Total 52,945.00$ 69,483.75$ Prorated 11 Months Code Customer Contract # Application Qty 8/1/2019-6/30/2020 7/1/2020-6/30/2021 4464 La Quinta, CA 27058 ASP - TRAKiT 1 12,127.50$ See above Total 12,127.50$ Code Customer Contract # Application Qty 10/1/2019-9/30/2020 10/1/2020-6/30/2021 4464 La Quinta, CA 150734 Bluebeam Revu Standard Software 5 -$ -$ 4464 La Quinta, CA 150734 Bluebeam Revu Standard Software 10 987.53$ 1,415.10$ Total 987.53$ 1,415.10$ 257 1 EXHIBIT 2 PART I - Support Standards for Premise Based Solutions I. Support Hours: Hours During Which Superion’s Telephone Support Will be Available to Customer in Connection with the Provision of Maintenance: Unless otherwise noted in the Order as to Support Type, support hours are Monday through Friday, 8:00 A.M. to 5:00 P.M. Customer’s Local Time within the continental United States, excluding holidays (“5x9”). II. Targeted Response Times. Notification” means a communication to Superion’s help desk by means of: (i) Superion’s web helpline; or (ii) the placement of a telephone call. III. Support Terms. Beginning on the Execution Date and continuing for twelve (12) months thereafter (“Initial Support Term”), Superion shall provide the ongoing Support Services described herein for the corresponding Fees outlined in Exhibit 1. Upon expiration of the Initial Support Term, ongoing Support Services shall automatically renew, with customer paying for additional annual support periods, each a Renewal Support Term”). This renewal will continue until termination of this Agreement provided that, Superion shall not give notice of termination if it would be effective prior to a period equal to two times the Agreement’s Initial Support Term. With respect to Superion’s support obligations, Superion will use diligent, commercially reasonable efforts to respond to Notifications from Customer relating to the Solution identified in the Order in accordance with the following guidelines with the time period to be measured beginning with the first applicable Superion “Telephone Support” hour occurring after Superion’s receipt of the Notification: Priority Description Response Goal Resolution Goal Urgent 1 A support issue shall be considered Urgent when it produces a Total System Failure; meaning Superion’s Solution is not performing a process that has caused a complete work stoppage. Within 60 minutes of the issue being reported and a resolution planned within 24 hours. Although resolution times vary depending on the exact issue and customer environment, Superion has a stated goal to resolve an urgent issue within 24 hours or provide a resolution plan with urgent issues within 24 hours of being reported. A resolution plan will detail the steps necessary to understand and possibly resolve the issue. Critical 2 A support issue shall be considered Critical when a critical failure in operations occurs; meaning Superion’s Solution is not performing a critical process and prevents the continuation of basic operations. Critical problems do not have a workaround. This classification does not apply to intermittent problems. Within two hours of the issue being reported and a resolution planned within five (5) days. Non-Critical 3 A support issue shall be considered Non-Critical when a non-critical failure in operations occurs; meaning Superion’s Solution is not performing non-critical processes, but the system is still usable for its intended purpose or there is a workaround. Within four hours of the issue being reported. Minor 4 A support issue will be considered Minor when the issue causes minor disruptions in the way tasks are performed, but does not affect workflow or operations. This may include cosmetic issues, general questions, and how to use certain features of the system. Within 24 hours of the issue being reported. Response timing is measured from the moment a Case number is created. As used herein a “Case number” is created when a) Superion’s support representative has been directly contacted by Customer either by phone, in person, or through Superion’s online support portal, and b) when Superion’s support representative assigns a case number and conveys that case number to the Customer. Customer must provide remote access to its facility using a Superion approved remote access client so that Superion can perform the support obligations and/or services under this Agreement; and will provide appropriate security access and accounts for Superion staff and each session participant. 258 2 EXHIBIT 3 Minimum Insurance Requirements x Workers’ Compensation, statutory limits, and Employer’s Liability with limits no less than $1,000,000. x Commercial General Liability insurance, covering bodily injury and property damage liability, products & completed operations, with minimum limits $1,000,000 each occurrence for bodily injury and property damage, $2,000,000 general aggregate. x Business Auto Liability insurance, covering any vehicle used by vendor in performance of work for Company or around Company’s premises. Limits no less than $1,000,000 each accident. x Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include claims involving infringement of intellectual property, infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. 259 260 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE RECOMMENDATION Approve a Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce; and authorize the City Manager to execute the document. EXECUTIVE SUMMARY •The City has had annual services agreements with the La Quinta Chamber of Commerce or the Greater Coachella Valley Chamber of Commerce (Chamber) since 1991 to support business development , retention, and tourism. •Per the proposed Memorandum of Understanding (MOU), the City would fund event sponsorship, business engagement, and an upgraded bi- monthly version of The Gem. FISCAL IMPACT The 2022/23 Budget would allocate $125,000 for Chamber services in the Marketing & Tourism account (101-3007-60461). This includes: •The Gem magazine $ 80,000 •State of the City $ 25,000 •Hot Rod & Custom Car Show sponsorship $ 10,000 •Business Engagement $ 10,000 TOTAL: $ 125,000 This is a $26,500 increase from the 2021/2 2 MOU. BACKGROUND/ANALYSIS The MOU would be managed by the City Manager’s Office. The scope of work includes: BUSINESS SESSION ITEM NO. 1 261 •Improvement of The Gem, a print publication distributed to approximately 23,000 residences and businesses in La Quinta o Change the publication schedule to bi-monthly o Increase content through six (6) publications o Increase city page count to 10-12 pages per edition o Upgrade front and back covers o Increase page count per publication •State of the City o Upgraded event due to the 40th Anniversary o Dedicated Event Specialist for coordination o Includes AV enhancement, upgraded dining options, outdoor package, additional upgrades/enhancements •Hot Rod & Custom Car Show Sponsorship o Chamber would manage exhibitors, security, the beer garden, food vendors, entertainment and licensing o Enhanced event with a multi-year plan to evolve the Car Show into a well-branded classic car show among the ranks of other statewide shows. •Business Outreach/Services o Ombudsman-like Services o Strategic Advertising/PR o Regional Investment o Workforce and Business Development o Data Collection of City’s Businesses ALTERNATIVES Council may choose to make modifications to the scope and/or funding levels. Prepared by: Marcie Graham, Marketing Manager Approved by: Gil Villalpando, Director Attachment: 1. Scope of Work from the Greater Coachella Valley Chamber of Commerce 262 The Gem Objectives: Through this contract, the City of La Quinta and the Greater Coachella Valley Chamber of Commerce seek to improve the perceived value of the Gem magazine and to enrich the presentation of the magazine. These objectives will be achieved through changing the publication schedule to bi-monthly distribution, increasing content through consolidating the twelve (12) publications into six (6) publications, and by enhancing the front and back covers of the magazine to Soft Touch AQ paper. Changes from previous year: ● Upgrade Front & Back Covers to Soft Touch AQ ● Increase total page count per edition ● Flexible page space for the City of La Quinta (10-12 pages per edition) ● The option for the City of La Quinta to add additional pages, as needed on a per edition basis ● Consolidation from twelve to six editions ● Improvement to Digital Distribution and impressions via strategic marketing and placement of the Gem online. ● Shared publication calendar via Outlook featuring Gem milestones (e.g. - creation, layout, proof period, print, & delivery schedules) Publication Schedule: Edition Suggested Theme Publication Range Milestone Deadlines for Content Submissions Milestone Deadlines for Final Proof Target Mailbox Delivery Date Edition 1 Summer Edition July/August 6/10/2022 6/23/2022 July 1 - July 3 Edition 2 Fall Edition September/October 8/10/2022 8/23/2022 September 1 - September 3 Edition 3 The Holiday Edition November/December 10/10/2022 10/24/2022 November 1 - November 3 Edition 4 New Year's Edition January/February 12/10/2022 12/23/2022 January 1 - January 3 Edition 5 Spring Edition March/April 2/10/2023 2/21/2023 March 1 - March 3 Edition 6 Live & Love La Quinta May/June 4/10/2023 4/24/2023 May 1 - May 3 *GCVCC to provide proof to the City of La Quinta sufficient for two days of review and comment before the final proof is due **Suggested themes may be modified by the City of La Quinta ***In the case that milestone deadlines are not met, expectations for fulfillment and delivery will be modified accordingly Rates: The annual rate for printed and digital distribution of the Gem are as follows: $80,000 Annually. Additional pages may be requested on a per-edition basis. City content in excess of 12 pages to be billed additionally at a rate of $1,100 per page. The rates above provide the City of La Quinta with up to 12 pages of content per edition, including upgraded “Soft Touch AQ” front and back covers, and improved digital distribution. No prorated rate considerations for the months in which the City does not maximize its page usage. Annual Rate accounts for six editions over the period of July 1, 2022 - June 30, 2023. KPI’s / Deliverables: Key Performance Indicators for quarterly or semi-annual reporting would include consumer feedback via surveying, digital analytics for open rates and impressions made by digital efforts, and the quality design, presentation and formatting of the publication. ATTACHMENT 1 263 Annual State of the City Objective: The Greater Coachella Valley Chamber of Commerce has historically produced an Annual State of the City event with sponsorship from the City of La Quinta. As the format, festivity and production of special events continues to evolve, the Chamber aims to offer the City of La Quinta a basic event package with upgrade opportunities to enhance the event’s design. Changes from Previous Year: ● Dedicated Event Specialist for coordination & contact ● Pre-arranged check in meetings 6 months, 3 months, 2 months, and 1 month from the event ● Enhancement/Upgrade Options ● Rate adjustments due to inflation Milestones: The City of La Quinta is responsible for meeting the following milestones. Failure to meet these milestone deadlines may affect sales, marketing, and overall event outcomes. The Chamber will pre-plan milestone meetings with the City of La Quinta 6 months, 3 months, 2 months, and 1 month from the event to help ensure milestones are met. Milestones Objective 4-6 months prior to event Identifying the Event Design Scheme or Theme (e.g. - colors, themes) 4-6 months prior to event Determining the format of the event (e.g. - moderated panel, keynote speaker, etc. ) 4-6 months prior to event Determining a loose framework for the events actual timeline 3 months prior to event Selecting a venue from what the Chamber has proposed 13-14 weeks prior to event Proof Period for Marketing Materials and Graphic Design Elements Rates: Base Package | $12,000 ● Event Planning, Coordination, & Day of Event Production ● Vendor coordination & management ● Graphic Design & Invitation Design (does not include printed invitations) ● Standard marketing efforts through Chamber network ● Invitation & Registration Management ● Breakfast or Luncheon event ● Business Awards ● Basic Stage Design (podium, microphone, flag display, & foliage) The base package does not include printed invitations.Standard marketing efforts through the Chambers network is limited to e-blasts, calendar invitations, web listings, and social media sharing. The base package accounts for a morning or midday event featuring a breakfast or lunch component. It does not include dinner events or upgraded menus above market price banquet menus. Stage design is limited to a podium, microphone, flag display, and foliage. The base package may be further customized with additions or upgrades to the City’s liking. Upgrades, additions or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued. Such upgrades, additions and/or enhancements may include (but are not limited to): 264 AV Enhancement | $3,000+ | Upgraded AV including outdoor or specialized screens, teleprompters, and multiple microphones may be added. Such AV enhancements will begin at rate of $3,000+ dollars. Rates will be dependent on the total number of enhancements selected. Outdoor Package | $3,000+ | Outdoor events will incur additional fees for outdoor shading, fencing, and non-alcoholic beverage stations. Such enhancements will begin at a rate of $3,000+ dollars. Rates will be dependent on the total number of enhancements selected and appropriate for the event location. Upgraded Dining Options | $3,000+ | Food and beverage upgrades may be incurred if the event is hosted during non-traditional business conference hours. Dinner and evening events will incur additional fees. Upgraded menus are defined as those menus priced at $15+ more than market rate business lunches. And, as those menus that feature multiple caterers. Upgraded menus begin at a rate of $3,000+ dollars. Marketing Enhancement | $500 - $1,500 | Event marketing may be enhanced to include traditional media buys. Mixed media packages may include radio, television, billboard, and/or digital marketing. The City may purchase as much or as little media marketing enhancements as it would like. The Chamber will provide a marketing plan proposal (inclusive of marketing mediums, frequency, and distribution) to the City based on its budget for enhanced marketing. The City may adjust its budget towards enhanced marketing beginning with a commitment of $500. Other Upgrades and Enhancements | As with all special events there are endless possibilities to enhance the event. The Chamber’s base package incorporates standard market provisions for midweek, daytime business conferences. Other upgrades, customizations and enhancements are possible and will be billed as accrued. The Chamber will provide upgrade costs to the City for approval before they are confirmed or billed. KPI’s /Deliverables for annual reporting will be based on achievement of milestone deadlines, achievement of pre-planned milestone meeting dates between the City & Chamber staff, increased event attendance with reporting on the number of La Quinta based businesses in attendance and in support of the event. 265 Annual La Quinta Car Show Objective: The Annual La Quinta Car show is an annual event growing in popularity and attendance. The Chamber will convene a working committee of La Quinta locals to plan, coordinate, and produce the Annual Car Show. And to, Outline a progressive, multi-year plan to evolve the Car Show into a well-branded classic car show among the ranks of other statewide shows. Changes from Previous Year: ● Enhanced marketing plan to include media buys, purchased geo-targeting and geo-fencing data to market the event in advance. ● Enhancement/Upgrade Options ● Surveying to identify the interests of the local community, tourism market, and car enthusiasts ● Rate adjustments due to inflation Multi-Year Plan Year 1 - Committee development, surveying effort, and implementation of a first time digital marketing campaign Year 2 - Evolve the event to include either a multi-day component or other “branding” feature as determined by the committee, a strategic outreach campaign to include car clubs and enthusiasts from the broader Southern and Central California market, and strategic digital marketing with the goal of increasing attendance of exhibitors and visitors. Year 3 - Evolving the event to include on site car sales and/or a live auction, as well as to maintain the increasing strategic marketing investments Rate: $10,000 City Sponsorship (inclusive of $4,000 towards strategic, digital marketing; surveying; and investment into the traditional format for the event) The Chamber may provide additional investment options for professional surveying and upgraded marketing options for City consideration. KPI’s /Deliverables include annual reporting of committee formation and development, surveying data, production of a a multi-year plan to enhance the event drawing on other signature car show events as reference points, increased participation from the classic car community, increased attendance by the community, marketing analytics for any paid advertising or paid digital marketing. 266 Economic Development Initiatives | Business Engagement Objective: Plan, coordinate, and foster regular and ongoing business engagement with the local business community through site visits, "connection" calls, business surveying, resource guides, and strategic communications. Rate: The rate for business engagement services is inclusive of the items below and includes Chamber staff time and presence in the local, La Quinta business community; as well as hosting of events and programs within the City of La Quinta and/or delivered specifically to the La Quinta business community. Annual rate of $10,000.00. Ombudsman-like Services Create tools and resources available at the Chamber to assist entrepreneurs and locals with how to do business in La Quinta, and to navigate business development opportunities. Leverage the Chamber staff as an extension of the City's working hands Strategic Advertising & PR Create, facilitate, and execute strategic advertising and marketing plans to promote and/or improve awareness of our collaborative efforts. Use advertising & PR to improve awareness and engagement throughout the community. Regional investment Invest in the Chamber's diversity, advocacy, workforce, education, and collaborative programs for distribution through the City of La Quinta and beyond. Workforce & Business Development Create semi-regular events, assessments, and workflows to empower shared opportunities to collect data on local workforce & business development; and that provide development opportunities locally Data Collection Contribute by collecting data through site visits and new member sign ups. The information will assist the City in a "business data bank" for future correspondence and partnerships. KPI’s / Deliverables Quarterly reporting for staff and city council on the number of local business engagements within the City of La Quinta, Shared Data from Connection Calls, Identification of the number of programs and events made available to La Quinta based businesses, and quality impressions/interactions with businesses in the City of La Quinta. Total Proposed Scope of Work for Fiscal Year 2022/23: $125,000 267 268 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF JULY 5, AUGUST 16, AND SEPTEMBER 6, 2022 RECOMMEDATION Approve cancelling the regular City Council meetings of July 5, August 16, and September 6, 2022. EXECUTIVE SUMMARY Council traditionally modifies its meeting schedule during summer months if there are no known time-sensitive matters requiring Council action. Advance notice of cancelled meetings allows Councilmembers, Staff, and the public to properly plan for deadlines and workflow. FISCAL IMPACT There would be a cost savings consisting of the time and materials associated with production of agenda packets. BACKGROUND/ANALYSIS The City Manager and Executive Team have reviewed the items requiring Council consideration, and all matters that require Council review have been scheduled for the July 19 and August 2, 2022 meetings. The recommended summer meeting schedule is as follows:  June 21 regular meeting  July 5 CANCELLED  July 19 regular meeting  August 2 regular meeting  August 16 CANCELLED  September 6 CANCELLED September 20 regular meeting Should a pressing situation or matter require Council direction or action before the next regular meeting, a special meeting will be called. BUSINESS SESSION ITEM NO. 2 269 ALTERNATIVES Council may select alternate dates for cancelled meetings, cancel only one meeting, cancel two meetings, or cancel no meetings. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager 270 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE AMENDED FRANCHISE AGREEMENT WITH BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR SOLID WASTE HANDLING SERVICES AND ADJUSTED MAXIMUM SERVICE RATES RECOMMENDATION Adopt a Resolution to approve an Amended Franchise Agreement with Burrtec Waste and Recycling Services, LLC for Solid Waste Handling Services and adjusted maximum service rates; and authorize the City Manager to execute the amended agreement. EXECUTIVE SUMMARY •The City of La Quinta (City) has had a Franchise Agreement (Agreement) with Burrtec Waste and Recycling Services, LLC (Burrtec) since 2007. The current 10-year Agreement was approved in 2016. •SB 1383 legislation launched in January 2022, requiring the City to provide Organics Recycling programs and services to all residents and businesses. These programs and services are not included in the current Agreement with Burrtec. •The term of the amended Agreement (Attachment 1) is 15 years, effective July 2022 through June 2037. This length enables Burrtec to maintain lower rates throughout the Agreement term and reduce the initial impact of added costs for implementing SB 1383 Organics Recycling programs and services. FISCAL IMPACT There is no change to the current 10% Franchise Fee on Burrtec’s gross receipts or AB 939 fee schedule for residential and commercial. The Agreement will annually generate approximately $850,000 in Franchise Fees to the General Fund; $60,000 in AB 939 funding for the City’s recycling program efforts; and $108,000 in reimbursable administration fees over the term of the agreement. BUSINESS SESSION ITEM NO. 3 271 BACKGROUND/ANALYSIS In July 2007, the City entered into a 9-year Agreement with Burrtec for solid waste handling services. The initial term was amended in 2016 due to significant recycling legislation. Assembly Bill 341 required mandatory recycling for businesses and multi-family dwellings. Assembly Bill 1826 required mandatory commercial organics recycling for businesses. These mandates increased Burrtec’s service costs. The amended 10-year Agreement that covers these services expires in June 2026. With the implementation of Senate Bill 1383 (SB 1383) in 2022, the City is required to provide Organics Recycling to all residents and businesses to support State-wide organic waste disposal reduction targets. These programs and services are not included in the current Agreement with Burrtec. This amended Agreement incorporates changes to successfully implement SB 1383 requirements. SB 1383 Required Programs and Services • Residential food waste collection • Contamination monitoring and inspection • Edible food recovery for businesses • Education and outreach • City procurement of recycled organic waste products • Compliance reporting and State inquiries • Container labels indicating accepted materials • Standardized container colors The City and Burrtec will conduct inspections, remote monitoring, and compliance reviews from January 2022 through December 2023. Those found not in compliance with SB 1383 regulations will be provided educational materials to assist with compliance. Beginning January 2024, the City may issue violations with monetary penalties for those found not in compliance. Rate Adjustments The total monthly cost adjustment for new SB 1383 residential services will be spread out over the first four years of the Agreement. The annual increase of rates will not be higher than the local region Consumer Price Index (CPI) average annual increase and must be negotiated by the City Manager. Residential service rates in La Quinta are and will continue to be among the lowest in the Coachella Valley. 272 Residential Services – The proposed 2022 Maximum Rate Schedule (Attachment 2): Single-Family Dwelling 2021 Rate (existing) 2022 Rate (proposed) Service Component $11.26/month $12.35/month Disposal Component $6.40/month $6.40/month AB 939 Fee $0.10/month $0.10/month Total Rate $17.76/month $213.12/year $18.85/month $226.20/year Additional Residential Services 2021 Rate (existing) 2022 Rate (proposed) Additional Refuse Cart $7.93/month $95.16/year $8.41/month $100.92/year Backyard Service for 3 containers $7.48/month $89.76/year $14.96/month $179.52/year Backyard Service additional container $7.48/month $89.76/year $2.95/month $34.40/year PGA 2nd Pick-up Day $14.14/month $169.68/year $14.92/month $179.04/year Surcharge for Homeowners Association desiring Monday service 10% of Service Component 10% of Service Component Commercial Services – Burrtec will continue to educate businesses and multi-family dwellings about decreasing their overall waste handling costs. Recycling rates are about half the cost of landfill waste rates. Additionally, the proposed landfill rate increase is approximately 13.5%, while the recycling rate increase is 8% and food waste rate increase is just 3.5%. ALTERNATIVES Council may direct staff to publish a Request for Proposal and competitively bid these services. Staff does not recommend this alternative because of Burrtec’s past performance and overall community satisfaction with services provided. Prepared by: Jeremy Griffin, Management Specialist Approved by: Gilbert Villalpando, Director Attachments: 1.Amended Franchise Agreement with Burrtec 2.2022 Maximum Rate Schedule 273 274 RESOLUTION NO. 2022 - 013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDED AND RESTATED FRANCHISE AGREEMENT WITH BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR SOLID WASTE HANDLING SERVICES, EFFECTIVE JULY 1, 2022 WHEREAS, the California Integrated Waste Management Act of 1989 (“AB 939”) (California Public Resources Code Section 40000 et seq.) has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions to meet the goals and requirements of AB 939; and WHEREAS, pursuant to California Public Resources Code Sections 49300 and 49500, and the applicable provisions of the City Charter and Municipal Code, the City of La Quinta ("City”) has determined that the public health, safety, and well-being require that an Exclusive Franchise Agreement (“Agreement”)exclusive franchise agreement be awarded to a qualified company for the collection, transportation, recycling, processing, and disposal of solid waste and other services to meet the goals and requirements of AB 939; and WHEREAS, on May 15, 2007, the City entered into an Agreementa franchise agreement with Burrtec Waste and Recycling Services, LLC (“Burrtec”) to provide solid waste handling services within the City; the term of the Agreementagreement was from July 1, 2007 through June 30, 2016; (“Original Agreement”); and WHEREAS, the City entered into an Amended and Restated Agreement (“Amendment No. 1”) with Burrtec on May 3, 2016, for the purpose of providing continued and expanded solid waste handling services within the City; the term of the amendment was from July 1, 2016 through June 30, 2026; and WHEREAS, the City wishes to enter into ana revised Amended and Restated Agreement (“Amendment No. 2”) with Burrtec, to be effective July 1, 2022, subject to the terms and conditions set forth in this Resolution and the revised Amended and Restated Agreement, and thereby grant the exclusive franchise for solid waste handling services in the City to Burrtec as more fully set forth in the revised Amended and Restated Agreement; and BUSINESS SESSION ITEM NO. 3 REVISED: 5/17/2022 275 Resolution No. 2022 – 013 Approve Amended And Restated Franchise Agreement with Burrtec Adopted: May 17, 2022 Page 2 of 3 WHEREAS, California Public Resources Code Section 49300 requires the City Council to approve the terms of the proposed revised Amended and Restated Agreement with Burrtec pursuant to a City Council Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City of La Quinta hereby approves the Amended And Restated Franchise Agreement (“Amendment No. 2”) between the City of La Quinta and Burrtec Waste and Recycling Services, LLC, Effective July 1, 2022 (“revised Amended And Restated Agreement”), and in the form of Attachment 1 to the Staff Report accompanying this Resolution, to collect, transport, recycle, process, and dispose of solid waste, recyclables, and organic waste from all residents and businesses within the City. SECTION 2. The term of this Amendment No. 2the revised Amended And Restated Agreement shall be for a 15 year term, from July 1, 2022, through June 30, 2037. SECTION 3. The City Manager, with concurrence of the City Attorney, may make non-substantive edits to the Amendment No. 2revised Amended And Restated Agreement as required. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of May, 2022, by the following vote: AYES: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, and Mayor Evans NOES: None ABSENT: None ABSTAIN: None ________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: 276 Resolution No. 2022 – 013 Approve Amended And Restated Franchise Agreement with Burrtec Adopted: May 17, 2022 Page 3 of 3 ____________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 277 278 ATTACHMENT 1 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 ATTACHMENT 2 395 396 397 398 399 400 401 402 403 404 City of La Quinta CITY COUNCIL MEETING: May 17, 2022 STAFF REPORT AGENDA TITLE: DISCUSS FISCAL YEAR 2022/23 PRELIMINARY PROPOSED BUDGET RECOMMENDATION Discuss fiscal year 2022/23 preliminary proposed budget. EXECUTIVE SUMMARY  This first budget study session focuses on the General Fund and Internal Service Funds. A second budget study session on June 7, 2022 will cover Special Revenue Funds, Capital Funds, and Enterprise Funds of the City.  All departments evaluated budget needs based on the City’s priorities and operational impacts due to the current economy when preparing their 2022/23 budgets.  Final budget adoption is scheduled for June 21, 2022. FISCAL IMPACT The preliminary General Fund budget projects a surplus of $411,676 with projected General Fund revenues of $67,821,100 (including Measure G sales tax) and proposed operational and capital expenditures of $64,056,424. Unappropriated Measure G sales tax revenue of $3,353,000 shall remain in reserves. BACKGROUND/ANALYSIS The goal of the May 17 study session is to provide an overview and then allow time to meet with Council Members and other interested parties to address details that may not be easily conveyed in a study session format. Each department section contains extensive notes to explain changes from 2020/21 actuals, changes in 2021/22, and projections for 2022/23. The budget format is similar to the prior fiscal year. The budget is a puzzle put together to deliver city services to residents and visitors alike. Community input is greatly appreciated and necessary to ensure an inclusive budget. It is our goal to use citizen input and feedback to develop the annual budget. The Financial Advisory Commission provides oversight of STUDY SESSION ITEM NO. 1 405 Measure G funds and assists with reviewing the 2022/23 operating and capital improvement budgets. To encourage citizen participation in public meetings the 2022/23 budget schedule is available online at https://www.laquintaca.gov/our-city/city- departments/finance/budget/proposed-budget-2022-23-timeline and noted below. 5/17/2022 City Council Meeting - Budget Study Session #1 - (General Fund and Internal Service Funds focus) 6/1/2022 Financial Advisory Commission Meeting - Final review of proposed Measure G sales tax uses 6/7/2022 City Council Meeting - Budget Study Session #2 - (All Appropriations- General Fund, Internal Service Funds, Enterprise, and Special Revenue Funds) 6/7/2022 Housing Authority Board Meeting - Budget Study Session #1 (Housing Funds Only) 6/8/2022 Housing Commission Meeting - Final Review of proposed Housing Authority Budget 6/21/2022 City Council Meeting - Adopt Operating and CIP budget 6/21/2022 Housing Authority - Adopt Budget PUBLIC MEETING DATES FISCAL YEAR 2022/23 BUDGET Attachment 1 provides a narrative of General Fund revenues and expenses, Internal Service Funds, and Redevelopment Agency loan repayment to the City. Line item details for these revenues and expenses are located in Exhibit A of the Attachment. ALTERNATIVES The City Council may wish to request further information regarding specific items and provide direction regarding the next steps in the overall budget process prior to budget adoption. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Fiscal Year 2022/23 Proposed Budget Overview 406 2022/23 PROPOSED BUDGET STUDY SESSION #1 The first budget study session is designed to provide an overview of the General Fund and four Internal Service Funds (ISF’s). Special Revenue, Capital, and Enterprise Funds will be presented on June 7, 2022. Exhibit A includes proposed revenue and expenditure details for all General Fund and Internal Service Funds. After facing the fiscal challenges of the pandemic and economic uncertainty, the City of La Quinta is heading into FY 2022-23 with a proposed budget that reflects a solid financial recovery, surpassing projections from the last fiscal year. Increases in consumer spending in leisure and hospitality facilitated a strong economic recovery in FY 2021-22. However, the proposed budget accounts for the pandemic’s continuing effects on consumer spending, health care and pension costs, inflation and market volatility, and the availability and cost of materials/equipment and fuel. The FY 2022-23 proposed budget was developed using a moderate and responsible approach to revenue projections while meeting the community’s needs and addressing the City’s goals for the upcoming year. Staff is committed to upholding financial sustainability by continuing to move forward with paying down pension obligations and ongoing investment in maintaining and improving the City’s infrastructure. This budget is designed to keep the City of La Quinta thriving and address the needs and expectations of our community while taking the steps necessary to ensure our long-term fiscal health. In formulating their budget proposals, departments were encouraged to evaluate all current expenditures including COVID-19 response and recovery, impacts of the current economy, as well as key operational needs for City departments to improve their functions and move forward efficiently. The proposed General Fund budget has a projected surplus of $411,676 as a result of cautious increases to revenue estimates along with expenditure projections that meet departmental needs for daily operations and reopening expenditures. Revenues 67,821,100$ Less Operating/CIP Expenses (64,056,424) Preliminary Budget Surplus 3,764,676 Less Measure G Reserves (3,353,000) BUDGET SURPLUS 411,676$ GENERAL FUND FY 2022/23 PROPOSED BUDGET ATTACHMENT 1 407 The budget provides resources for public safety, daily operations and capital improvements for the upcoming fiscal year. Projections are anticipated to change before budget adoption. The final proposed budget will be structurally balanced. REVENUES The City’s revenue estimates for FY 2022-23 represent a 4% increase over the revised FY 2021-22 projections, revenues by category are summarized below: The local economy has rebounded from the initial pandemic recession and economic growth in FY 2021-22 surpassed initial projections. Taxes - The economy continues to rebound as consumer spending and local travel activity is projected to continue in the upcoming fiscal year. With the return of large events, tourism-related revenue is also expected to increase. The City’s top three revenue sources for the General Fund total $46,890,000 (or 69% of the total $67,821,100) and continue to be:  Sales Taxes $24,500,000  Transient Occupancy Taxes (TOT) $12,475,000  Property Taxes $9,915,000 Licenses & Permits - Development related permits, business licenses, and Short- Term Vacation Rental (STVR) inspection fees have been decreased by a combined amount of $417,000 when compared to the current FY 2021/22 budget. The largest decrease in this category, Public Works Permits, is due to the one-time revenue generated in 2021/22 from mass-grading permits at several projects which have moved into the building phase. Intergovernmental - The majority of the revenues in this category are derived from fire service property taxes restricted for fire services. The revenue is recognized as current year collections or use of reserves; we are not anticipating using reserves based on current estimates provided by the County, resulting in a decrease of $800,200 from the prior fiscal year. General Fund Revenues 2021/22 Original 2021/22 Current 2022/23 Proposed Change Current V. Proposed % Change Taxes 45,957,000 51,157,000 54,646,700 3,489,700 7% License & Permits 2,252,000 3,122,000 2,823,200 (298,800) -10% Intergovernmental 8,251,100 8,454,422 7,653,000 (801,422) -9% Charges for Services 876,010 876,010 1,081,100 205,090 23% Fines & Assessment 294,000 609,000 462,000 (147,000) -24% Other/Misc. 1,174,100 1,174,100 1,155,100 (19,000) -2% Total Revenues 58,804,210 65,392,532 67,821,100 2,428,568 4% 408 Charges for Services - Leisure activities, wellness center memberships, and recreational sports fees have been increased as the public returns to in-person activities due to lifted COVID-19 pandemic restrictions. In addition, services related to building and public works plan checks have been increased due to current residential and commercial development. Fines & Assessments - A decrease of $195,000 is anticipated for administrative citations due to increased compliance and enforcement measures with the STVR program. In addition, a decrease of $10,000 for motor vehicle code fines is reflective of 2021/22 year to date activity. Use of Money & Property/Miscellaneous – Investment interest earnings are volatile and due to the current economic conditions; therefore, we are not making any significant changes over the prior year. The decrease in Miscellaneous revenue is reflective of 2021/22 year- to-date activity and anticipated reimbursements. EXPENSES City staff and management have been prudent in their spending to ensure budgets are in line to end the current fiscal year with savings. This has proven to be a challenge given the current economy and uncertainties that could affect the City’s financial condition such as rising costs due to inflation and fuel prices, market volatility and recession concerns, supply chain issues, and recruitment and retention of city employees. A summary of expenses by department is provided in the chart below, along with an explanation of major variances specific to departments. Overall increases affecting all departments include salary and benefits (annual step increases along with increase in CalPERS rates) and internal service charges supporting IT (new software and enhanced security/anti-fraud measures), and contract services increased due to inflationary impacts. 409 Marketing & Community Relations: An increase in marketing is requested in order to continue efforts in bringing leisure and hospitality dollars to the City of La Quinta. City Clerk: Increases in the City Clerk budget reflect the movement of all Short- Term Vacation Rental (STVR) related expenses that were previously coded to the Hub and Code Compliance along with the upcoming elections. Police and Fire: Police and fire contract expenses are incorporated using estimates from the County of Riverside, final numbers will be reflective of rates once contracts are approved. These combined budgets are a total of $27,037,772 or 42% of the proposed General Fund budget. Parks Maintenance: Increase is due to the city-wide landscape maintenance contract and utilities, ongoing maintenance costs for the two new parks, SilverRock and the X-Park, and park equipment internal service fund charges used to replace playground structures, benches, shade, and other park improvements. Streets: Increase is due to additional Professional Services needed to assist staff with ongoing maintenance and operations. General Fund Expenditures 2021/22 Original 2021/22 Current 2022/23 Proposed Change Current V. Proposed City Council 302,200 302,200 351,400 49,200 City Manager 1,076,000 1,076,000 1,177,540 101,540 Marketin g & Community Relations 1,325,900 1,425,900 1,632,128 206,228 City Attorney 696,000 796,000 796,000 - City Clerk 625,200 635,200 1,257,526 622,326 Human Resources 376,000 411,000 495,698 84,698 Police 17,855,100 17,865,100 18,185,900 320,800 Fire 7,660,800 8,550,486 8,851,872 301,386 Community Resources Admin. 808,500 828,500 880,480 51,980 Wellness Center Operations 597,900 627,900 682,102 54,202 Recreational Programs & Events 908,300 1,078,300 1,088,734 10,434 Code Compliance/Animal Control 1,506,320 1,506,320 1,663,996 157,676 Parks Maintenance 2,530,900 2,580,900 3,047,222 466,322 Public Buildings 1,321,200 1,321,200 1,390,052 68,852 Public Works Administration 739,900 739,900 794,862 54,962 Public Works Dev. Services 431,200 448,200 512,960 64,760 Streets 496,600 498,600 754,768 256,168 Engineering Services 761,800 1,101,900 1,020,756 (81,144) Design & Development Admin. 656,200 696,200 756,824 60,624 Planning 678,600 678,600 744,830 66,230 Building 919,800 1,094,800 1,291,362 196,562 The Hub 986,000 1,036,000 1,236,482 200,482 Finance 1,444,100 1,444,100 1,595,830 151,730 Centralized Services 10,458,206 23,880,932 13,847,100 (10,033,832) Total Expenditures 55,162,726 70,624,238 64,056,424 (6,567,814) 410 Centralized Services - This department budget captures citywide expenses. Annually this division’s budget fluctuates most because it captures large one-time expenses such as pension and OPEB (Other Post-Employment Benefits) trust contributions, building improvements, land acquisition, and capital improvement carryovers for multi-year projects. The FY 2022/23 annual pension liability contribution of $1,246,100 which is a year- over-year increase of $269,000. An additional discretionary payment of $1 million is included in the proposed budget request to continue efforts in paying down the City’s pension obligation to increase our fiscal resiliency ahead of the next economic crisis. To continue the City’s efforts of staff development and succession planning, managing PERS increases, responding to labor market adjustments, and to address staffing needs, an increase of $500,000 is recommended to execute these principles. INTERNAL SERVICE FUNDS (ISF) ISF are used to account for activities involved in rendering services to departments within the City. Costs of materials and services used are accumulated in these funds and charged to user departments based on personnel and large equipment assigned to each. The following is a summary of expenses by ISF: Equipment Replacement Fund – The increase in this fund is to account for higher fuel costs and purchase of additional machinery and equipment to increase efficiency in operations. Information Technology Fund – An increase in contract services accounts for enhanced fraud and security protection and citywide software licenses annual renewals. Park Equipment Fund – The increase of $290,000 will assist the City with prioritizing the Community Workshop needs of upgrading community parks. Improvements Fund Current FY 21/22 Proposed FY 22/23 Variance Equipment Replacement 1,319,714 1,608,750 289,036 Information Technology 2,256,627 2,258,054 1,427 Park Equipment 255,000 545,000 290,000 Insurance Fund 936,800 984,100 47,300 4,768,141 5,395,904 627,763 INTERNAL SERVICE FUNDS SUMMARY 411 includes benches, shade canopy replacements, lighting at the Civic Center and La Quinta Park, and upgraded playground and fitness equipment. Insurance Fund – An overall increase of $47,300 is due to the estimated insurance premiums provided by California Joint Powers Authority (CJPIA), final projections will be provided at budget adoption. MEASURE G SALES TAX Measure G sales tax revenue is anticipated to be $13,500,000 and is allocated as presented below in the proposed budget. The Financial Advisory Commission will be reviewing the proposed uses of Measure G revenues at the June 1st meeting. REDEVELOPMENT LOAN REPAYMENT The City’s Last and Final Recognized Obligation Payment Schedule (ROPS) for the Successor Agency (former Redevelopment Agency) includes an annual loan repayment. For 2022/23 the total loan repayment is $3,369,682, which is allocated 80% to the General Fund ($2,695,746) and 20% ($673,936) to the Housing Authority Fund. These revenues will be recognized in unassigned reserves in each fund and are not allocated to current expenses. The final loan repayment is scheduled for fiscal year 2029/30. Remaining outstanding loan repayments after 2022/23 total $25,116,811. PUBLIC PARTICIPATION The budget is a puzzle put together to deliver city services to residents and visitors alike. Community input is greatly appreciated and necessary to ensure an inclusive budget. It is our goal to use citizen input and feedback to develop the annual budget. The Financial Advisory Commission provides oversight of Measure G funds and assists with reviewing the 2022/23 operating and capital improvement budgets. Measure G Sales Tax Revenue 13,500,000$ Police Services (5,100,000) Capital Improvements (5,047,000) Available for Appropriation 3,353,000$ MEASURE G SALES TAX SUMMARY 412 To encourage citizen participation in public meetings the 2022/23 budget schedule is available online at https://www.laquintaca.gov/our-city/city- departments/finance/budget/proposed-budget-2022-23-timeline and noted below. 413 414 2022 232022CITY OFLA QUINTA PROPOSED BUDGET 415 5/17/2022 City Council Meeting - Budget Study Session #1 - (General Fund and Internal Service Funds focus) 6/1/2022 Financial Advisory Commission Meeting - Final review of proposed Measure G sales tax uses 6/7/2022 City Council Meeting - Budget Study Session #2 - (All Appropriations- General Fund, Internal Service Funds, Enterprise, and Special Revenue Funds) 6/7/2022 Housing Authority Board Meeting - Budget Study Session #1 (Housing Funds Only) 6/8/2022 Housing Commission Meeting - Final Review of proposed Housing Authority Budget 6/21/2022 City Council Meeting - Adopt Operating and CIP budget 6/21/2022 Housing Authority - Adopt Budget The annual budget process coordinates the allocation of city revenues for essential services such as police and fire, community programs and events, and capital improvement projects. The City invites you to participate and/or track public meetings regarding the fiscal year 2022/23 budget. Proposed public meeting dates are summarized below and as meetings occur budget information presented will be available online on a dedicated City webpage within the Finance Department at: https://www.laquintaca.gov/our-city/city-departments/finance/budget/proposed- budget-2022-23-timeline Questions regarding the fiscal year 2022/23 budget may be directed to finance@laquintaca.gov or by calling 760-777-7055. PUBLIC MEETING DATES FISCAL YEAR 2022/23 BUDGET CITY OF LA QUINTA FY 2022/23 PROPOSED BUDGET 1 416 ESTIMATED CURRENT RESOURCES: REVENUES: TAXES 54,646,700$ LICENSES & PERMITS 2,823,200 INTERGOVERNMENTAL 7,653,000 CHARGES FOR SERVICES 1,081,100 FINES & ASSESSMENTS 462,000 OTHER/MISCELLANEOUS 1,155,100 TOTAL ESTIMATED CURRENT RESOURCES 67,821,100$ ESTIMATED CURRENT REQUIREMENTS: EXPENDITURES: CITY COUNCIL 351,400$ CITY MANAGER 2,809,668 CITY MANAGER 1,177,540 MARKETING/COMMUNITY RELATIONS 1,632,128 CITY ATTORNEY 796,000 CITY CLERK 1,257,526 COMMUNITY RESOURCES (CR)31,848,782 HUMAN RESOURCES 495,698 POLICE 18,185,900 FIRE 8,851,872 CR ADMINISTRATION 880,480 WELLNESS CENTER OPERATIONS 682,102 RECREATION PROGRAMS/SPECIAL EVENTS 1,088,734 CODE COMPLIANCE/ANIMAL CONTROL 1,663,996 PUBLIC WORKS 7,520,620 PARKS MAINTENANCE 3,047,222 PUBLIC BUILDINGS 1,390,052 PUBLIC WORKS ADMINISTRATION 794,862 DEVELOPMENT SERVICES 512,960 STREETS 754,768 ENGINEERING SERVICES 1,020,756 DESIGN & DEVELOPMENT 4,029,498 D&D ADMINISTRATION 756,824 PLANNING 744,830 BUILDING 1,291,362 THE HUB 1,236,482 FISCAL SERVICES 15,442,930 FINANCE 1,595,830 CENTRAL SERVICES (Includes CIP)13,847,100 TOTAL ESTIMATED CURRENT REQUIREMENTS 64,056,424$ PRELIMINARY BUDGET SURPLUS 3,764,676$ LESS MEASURE G SALES TAX RESERVES (3,353,000) BUDGET SURPLUS/(DEFICIT)411,676$ FISCAL YEAR 2022/23 PROPOSED BUDGET CITY OF LA QUINTA GENERAL FUND REVENUES AND EXPENDITURES BY DEPARTMENT/DIVISION CITY OF LA QUINTA FY 2022/23 PROPOSED BUDGET 2 417 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed 22/23 vs. Current 21/22 % Change in Budget 310 - Tax Revenues 2,578,492 2,605,000 2,605,000 1,571,118 2,890,000 285,000 11%101-0000-40310 Property Tax Revenue 4,769,373 4,706,000 4,706,000 2,908,868 4,845,000 139,000 3%101-0000-40311 No-Low City Property Tax 1,884,546 1,616,000 2,016,000 1,048,915 2,180,000 164,000 8%101-0000-40315 RPTTF Pass Through 10,729,160 10,000,000 10,500,000 6,973,107 11,000,000 500,000 5%101-0000-41320 State Sales Tax 12,594,389 11,500,000 12,300,000 8,587,127 13,500,000 1,200,000 10%101-0000-41326 Measure G Sales Tax 1,568,997 750,000 750,000 859,819 650,000 (100,000)-13%101-0000-41327 Document Transfer Tax 4,545,117 5,000,000 6,500,000 6,596,690 7,000,000 500,000 8%101-0000-41400 TOT - Hotels 6,213,353 3,000,000 5,000,000 4,800,261 5,000,000 0 0%101-0000-41401 TOT - Short Term Vac. Rentals 69,987 90,000 90,000 77,822 100,000 10,000 11%101-0000-41402 TOT - Bed and Breakfast 243,520 250,000 250,000 251,513 375,000 125,000 50%101-0000-41416 TOT - Resort Fees 894,559 785,000 785,000 548,788 1,000,000 215,000 27%101-0000-41505 Franchise Taxes - Burrtec 173,961 140,000 140,000 0 160,000 20,000 14%101-0000-41508 Southern California Gas Franchise Fee 644,058 650,000 650,000 328,827 660,000 10,000 2%101-0000-41509 Cable Television Franchise Fee 229,886 250,000 250,000 105,847 275,000 25,000 10%101-0000-41510 Communications Franchise Fees 4,376,455 4,615,000 4,615,000 2,355,489 5,011,700 396,700 9%101-0000-41800 Property Tax in Lieu of VLF 310 - Tax Revenues Totals:51,515,856 45,957,000 51,157,000 37,014,192 54,646,700 3,489,700 7% 320 - Licenses & Permits 5,850 9,000 9,000 975 2,000 (7,000)-78%101-0000-41411 STVR Inspection Fee 355,690 894,000 894,000 880,500 900,000 6,000 1%101-0000-41415 STVR Registration Fee 373,801 350,000 350,000 299,906 340,000 (10,000)-3%101-0000-41600 Business Licenses 0 0 0 51,349 40,000 40,000 0%101-0000-41602 STVR Business Licenses 2,800 1,000 1,000 1,221 2,000 1,000 100%101-0000-41610 Film Permits 437,209 210,000 750,000 797,922 600,000 (150,000)-20%101-0000-42400 Building Permits 75,101 90,000 90,000 133,526 90,000 0 0%101-0000-42401 Plumbing Permits 90,394 100,000 100,000 138,288 100,000 0 0%101-0000-42402 Mechanical Permits 65,016 80,000 80,000 102,790 80,000 0 0%101-0000-42403 Electrical Permits 216,745 180,000 180,000 219,547 200,000 20,000 11%101-0000-42404 Miscellaneous Permits 3,630 5,000 5,000 4,230 6,000 1,000 20%101-0000-42405 Garage Sale Permits 250 0 0 0 0 0 0%101-0000-42406 Golf Cart Permits 18,237 10,000 10,000 38,002 15,000 5,000 50%101-0000-42408 Grading Permits 0 1,000 1,000 0 0 (1,000)-100%101-0000-42410 Driveway Permits 55,610 60,000 60,000 96,891 65,000 5,000 8%101-0000-42420 Fire Plan Review Fee 60,030 40,000 40,000 83,118 60,000 20,000 50%101-0000-42421 Fire Inspection Fee 2,850 2,000 2,000 1,103 2,000 0 0%101-0000-42430 Transportation Permits 8,828 10,000 10,000 22,932 15,000 5,000 50%101-0000-42431 Conditional Use Permits 5,400 5,000 5,000 9,838 8,700 3,700 74%101-0000-42433 Minor Use Permit 11,616 15,000 15,000 18,431 16,500 1,500 10%101-0000-42434 Sign Permit 56,228 40,000 40,000 54,752 50,000 10,000 25%101-0000-42435 Site Development Permit 5,313 12,000 12,000 24,901 12,000 0 0%101-0000-42436 Final Landscaping Plans 6,154 0 0 3,446 1,000 1,000 0%101-0000-42437 Development Agreement 800 10,000 10,000 36,174 10,000 0 0%101-0000-42439 Temporary Use Permit 154,626 120,000 450,000 405,499 200,000 (250,000)-56%101-0000-43632 Public Works Permits 12,431 8,000 8,000 9,128 8,000 0 0%101-0000-43638 NPDES Inspections 320 - Licenses & Permits Totals:2,024,611 2,252,000 3,122,000 3,434,470 2,823,200 (298,800)-10% 330 - Intergovernmental 502,034 0 203,322 0 0 (203,322)-100%101-0000-41710 State Gov't Revenue 2,578,492 2,605,000 2,605,000 1,571,118 2,890,000 285,000 4,769,373 4,706,000 4,706,000 2,908,868 4,845,000 139,000 1,884,546 1,616,000 2,016,000 1,048,915 2,180,000 164,000 10,729,160 10,000,000 10,500,000 6,973,107 11,000,000 500,000 12,594,389 11,500,000 12,300,000 8,587,127 13,500,000 1,200,000 1,568,997 750,000 750,000 859,819 650,000 (100,000) 4,545,117 5,000,000 6,500,000 6,596,690 7,000,000 500,000 6,213,353 3,000,000 5,000,000 4,800,261 5,000,000 0 69,987 90,000 90,000 77,822 100,000 10,000 243,520 250,000 250,000 251,513 375,000 125,000 894,559 785,000 785,000 548,788 1,000,000 215,000 173,961 140,000 140,000 0 160,000 20,000 644,058 650,000 650,000 328,827 660,000 10,000 229,886 250,000 250,000 105,847 275,000 25,000 4,376,455 4,615,000 4,615,000 2,355,489 5,011,700 396,700 51,515,856 45,957,000 51,157,000 37,014,192 54,646,700 3,489,700 5,850 9,000 9,000 975 2,000 (7,000) 355,690 894,000 894,000 880,500 900,000 6,000 373,801 350,000 350,000 299,906 340,000 (10,000) 0 0 0 51,349 40,000 40,000 2,800 1,000 1,000 1,221 2,000 1,000 437,209 210,000 750,000 797,922 600,000 (150,000) 75,101 90,000 90,000 133,526 90,000 0 90,394 100,000 100,000 138,288 100,000 0 65,016 80,000 80,000 102,790 80,000 0 216,745 180,000 180,000 219,547 200,000 20,000 3,630 5,000 5,000 4,230 6,000 1,000 250 0 0 0 0 0 18,237 10,000 10,000 38,002 15,000 5,000 0 1,000 1,000 0 0 (1,000) 55,610 60,000 60,000 96,891 65,000 5,000 60,030 40,000 40,000 83,118 60,000 20,000 2,850 2,000 2,000 1,103 2,000 0 8,828 10,000 10,000 22,932 15,000 5,000 5,400 5,000 5,000 9,838 8,700 3,700 11,616 15,000 15,000 18,431 16,500 1,500 56,228 40,000 40,000 54,752 50,000 10,000 5,313 12,000 12,000 24,901 12,000 0 6,154 0 0 3,446 1,000 1,000 800 10,000 10,000 36,174 10,000 0 154,626 120,000 450,000 405,499 200,000 (250,000) 12,431 8,000 8,000 9,128 8,000 0 2,024,611 2,252,000 3,122,000 3,434,470 2,823,200 (298,800) 502,034 0 203,322 0 0 (203,322) CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS FY 2022/23 PROPOSED BUDGET 3 418 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed 22/23 vs. Current 21/22 % Change in Budget 7,591,078 7,047,900 7,047,900 726,453 7,400,000 352,100 5%101-0000-42500 Fire Service Credit 70,110 800,200 800,200 561,645 0 (800,200)-100%101-0000-42501 Fire Service Reserves 0 0 0 24,516 0 0 0%101-0000-43100 FEMA 367,882 400,000 400,000 272,761 250,000 (150,000)-38%101-0000-43633 CSA 152 Assessments 17,859 0 0 0 0 0 0%101-0000-43634 CVWD 3,000 3,000 3,000 0 3,000 0 0%101-0000-43650 Contributions from Other Agencies 330 - Intergovernmental Totals:8,551,963 8,251,100 8,454,422 1,585,375 7,653,000 (801,422)-9% 340 - Charges for Services 6,891 16,200 16,200 10,227 35,000 18,800 116%101-0000-42200 Leisure Enrichment 84 0 0 0 0 0 0%101-0000-42202 Gift Shop 0 16,200 16,200 25,895 40,000 23,800 147%101-0000-42210 Youth Sports 75 2,160 2,160 5,725 1,000 (1,160)-54%101-0000-42211 Adult Sports (50)12,600 12,600 6,326 35,000 22,400 178%101-0000-42212 Facility Rentals 0 7,200 7,200 0 10,000 2,800 39%101-0000-42213 Special Events 6,979 19,800 19,800 10,591 20,000 200 1%101-0000-42214 Wellness Center Leisure Enrichment 0 550 550 0 1,000 450 82%101-0000-42216 Wellness Center Special Events 10,425 54,000 54,000 34,235 75,000 21,000 39%101-0000-42218 Wellness Center Memberships 2,296 0 0 1,301 0 0 0%101-0000-42300 Cash Over/Short 95 200 200 25 400 200 100%101-0000-42303 NSF Charges 38,000 3,000 3,000 (12,698)3,000 0 0%101-0000-42412 Minor Adjustment, Plan Checks 55,357 25,000 25,000 25,414 25,000 0 0%101-0000-42415 Tentative Tract Map 29,685 20,000 20,000 36,552 30,000 10,000 50%101-0000-42416 Digitization/Records Management 4,400 2,000 2,000 4,056 2,500 500 25%101-0000-42417 Modification by Applicant 8,750 6,000 6,000 1,000 3,000 (3,000)-50%101-0000-42440 Appeals - Permits, Licenses, Projects, Bids 405 0 0 0 0 0 0%101-0000-42441 Planning Compliance Review 1,052 10,000 10,000 11,774 10,000 0 0%101-0000-42443 Zone Change 11,753 5,000 5,000 2,967 5,000 0 0%101-0000-42445 Environmental Assessment 0 10,000 10,000 10,465 10,000 0 0%101-0000-42446 General Plan Amendment 9,750 8,000 8,000 7,438 11,000 3,000 38%101-0000-42447 Home Occupations 3,005 15,000 15,000 5,224 10,000 (5,000)-33%101-0000-42448 Tentative Parcel Map 14,329 10,000 10,000 4,946 10,000 0 0%101-0000-42451 Specific Plan 9,016 5,000 5,000 11,798 5,000 0 0%101-0000-42460 Pre-Application Review 521,451 475,000 475,000 694,428 526,000 51,000 11%101-0000-42600 Building Plan Check Fees 498 600 600 554 600 0 0%101-0000-42610 SMIP Fees 473 500 500 410 600 100 20%101-0000-42615 CBSC Administrative Fees 225,852 150,000 150,000 276,650 180,000 30,000 20%101-0000-42810 Public Works Dev. Plan Check Fee 1,787 2,000 2,000 5,585 2,000 0 0%101-0000-43631 CVMSHCP Admin Fee 0 0 0 12,608 30,000 30,000 0%101-0000-43635 VGPS TBID Admin Fee 340 - Charges for Services Totals:962,358 876,010 876,010 1,193,497 1,081,100 205,090 23% 7,591,078 7,047,900 7,047,900 726,453 7,400,000 352,100 70,110 800,200 800,200 561,645 0 (800,200) 0 0 0 24,516 0 0 367,882 400,000 400,000 272,761 250,000 (150,000) 17,859 0 0 0 0 0 3,000 3,000 3,000 0 3,000 0 8,551,963 8,251,100 8,454,422 1,585,375 7,653,000 (801,422) 6,891 16,200 16,200 10,227 35,000 18,800 84 0 0 0 0 0 0 16,200 16,200 25,895 40,000 23,800 75 2,160 2,160 5,725 1,000 (1,160) (50)12,600 12,600 6,326 35,000 22,400 0 7,200 7,200 0 10,000 2,800 6,979 19,800 19,800 10,591 20,000 200 0 550 550 0 1,000 450 10,425 54,000 54,000 34,235 75,000 21,000 2,296 0 0 1,301 0 0 95 200 200 25 400 200 38,000 3,000 3,000 (12,698)3,000 0 55,357 25,000 25,000 25,414 25,000 0 29,685 20,000 20,000 36,552 30,000 10,000 4,400 2,000 2,000 4,056 2,500 500 8,750 6,000 6,000 1,000 3,000 (3,000) 405 0 0 0 0 0 1,052 10,000 10,000 11,774 10,000 0 11,753 5,000 5,000 2,967 5,000 0 0 10,000 10,000 10,465 10,000 0 9,750 8,000 8,000 7,438 11,000 3,000 3,005 15,000 15,000 5,224 10,000 (5,000) 14,329 10,000 10,000 4,946 10,000 0 9,016 5,000 5,000 11,798 5,000 0 521,451 475,000 475,000 694,428 526,000 51,000 498 600 600 554 600 0 473 500 500 410 600 100 225,852 150,000 150,000 276,650 180,000 30,000 1,787 2,000 2,000 5,585 2,000 0 0 0 0 12,608 30,000 30,000 962,358 876,010 876,010 1,193,497 1,081,100 205,090 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS FY 2022/23 PROPOSED BUDGET 4 419 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed 22/23 vs. Current 21/22 % Change in Budget 350 - Fines, Forfeitures & Abatements 504,205 60,000 375,000 324,533 180,000 (195,000)-52%101-0000-42700 Administrative Citations 5,812 5,000 5,000 188 5,000 0 0%101-0000-42701 Lot Abatement 33,669 30,000 30,000 23,892 35,000 5,000 17%101-0000-42702 Vehicle Abatement 67,962 50,000 50,000 39,397 65,000 15,000 30%101-0000-42703 Vehicle Impound Fee 110,045 110,000 110,000 32,046 100,000 (10,000)-9%101-0000-42705 Motor Vehicle Code Fines 48,726 20,000 20,000 21,628 40,000 20,000 100%101-0000-42706 Parking Violations 941 1,000 1,000 8,678 8,000 7,000 700%101-0000-42707 Misc Fines 8,246 5,000 5,000 0 9,000 4,000 80%101-0000-42708 Graffiti Removal 0 10,000 10,000 16,132 15,000 5,000 50%101-0000-42709 False Alarm Fees - Police (600)3,000 3,000 6,804 5,000 2,000 67%101-0000-42710 False Alarm Fees - Fire 350 - Fines, Forfeitures & Abatements Totals:779,006 294,000 609,000 473,296 462,000 (147,000)-24% 360 - Use of Money & Property 897,509 400,000 400,000 (39,782)400,000 0 0%101-0000-41900 Allocated Interest (666,023)0 0 0 0 0 0%101-0000-41910 GASB 31 Interest 147,720 145,000 145,000 117,525 155,000 10,000 7%101-0000-42120 Lease Revenue 360 - Use of Money & Property Totals:379,206 545,000 545,000 77,743 555,000 10,000 2% 370 - Miscellaneous 419,472 400,000 400,000 592,525 400,000 0 0%101-0000-41410 Zoning Change Mitigation Fees 0 20,000 20,000 21,632 20,000 0 0%101-0000-41504 AMR Compliance 113,041 114,000 114,000 119,214 120,000 6,000 5%101-0000-41507 Burrtec Admin Cost Reimbursement 3,196 5,000 5,000 1,989 5,000 0 0%101-0000-42000 Insurance Recoveries 15 100 100 0 100 0 0%101-0000-42140 Sales of Publications & Materials 1,233 40,000 40,000 2,872 5,000 (35,000)-88%101-0000-42301 Miscellaneous Revenue 104,930 50,000 50,000 54,709 50,000 0 0%101-0000-42305 Miscellaneous Reimbursements 591,946 0 0 0 0 0 0%101-0000-48500 Extraordinary Gain 370 - Miscellaneous Totals:1,233,835 629,100 629,100 792,941 600,100 (29,000)-5% 65,446,835 58,804,210 65,392,532 44,571,514 67,821,100 2,428,568 4% 504,205 60,000 375,000 324,533 180,000 (195,000) 5,812 5,000 5,000 188 5,000 0 33,669 30,000 30,000 23,892 35,000 5,000 67,962 50,000 50,000 39,397 65,000 15,000 110,045 110,000 110,000 32,046 100,000 (10,000) 48,726 20,000 20,000 21,628 40,000 20,000 941 1,000 1,000 8,678 8,000 7,000 8,246 5,000 5,000 0 9,000 4,000 0 10,000 10,000 16,132 15,000 5,000 (600)3,000 3,000 6,804 5,000 2,000 779,006 294,000 609,000 473,296 462,000 (147,000) 897,509 400,000 400,000 (39,782)400,000 0 (666,023)0 0 0 0 0 147,720 145,000 145,000 117,525 155,000 10,000 379,206 545,000 545,000 77,743 555,000 10,000 419,472 400,000 400,000 592,525 400,000 0 0 20,000 20,000 21,632 20,000 0 113,041 114,000 114,000 119,214 120,000 6,000 3,196 5,000 5,000 1,989 5,000 0 15 100 100 0 100 0 1,233 40,000 40,000 2,872 5,000 (35,000) 104,930 50,000 50,000 54,709 50,000 0 591,946 0 0 0 0 0 1,233,835 629,100 629,100 792,941 600,100 (29,000) 65,446,835 58,804,210 65,392,532 44,571,514 67,821,100 2,428,568 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS FY 2022/23 PROPOSED BUDGET 5 420 Fund: 101 - GENERAL FUNDProperty Tax Revenue2,890,000.00101-0000-40310Property tax estimates are provided by HdL consulting services. Actual valuation changes due to the annual 2% Proposition 13 increase, as well as transfers of ownership are included, but completed new construction is not (unless the property was completed and sold in 2021). The City participates in the Teeter program, therefore no delinquencies are assumed. State Sales Tax11,000,000.00101-0000-41320Bradley Burns (local share of state sales tax) is 1% of the current sales tax rate (8.75%). HdL consulting services budget estimates are factored into projections along with reviews of industry and economic reports and local trends.Measure G Sales Tax13,500,000.00101-0000-41326Transaction and use sales tax is 1% of the current sales tax rate (8.75%) and is also known as Measure G. Online transactions, as well as big-ticket consumer goods delivered tolocal addresses drive this number. TOT - Hotels7,000,000.00101-0000-4140011% Transient occupancy tax for hotels. Leisure and hospitalitymake up 25% of the employment sector in the Coachella Valleyand the recovery is stronger than initially anticipated. With thereturn of large events, tourism-related revenue is expected to continue to increase. TOT - Short Term Vac. Rentals5,000,000.00101-0000-4140110% Transient occupancy tax for short-term vacation rentals(STVR). Consumer demand for STVRs continues to be strong.TOT - Bed and Breakfast100,000.00101-0000-41402CITY OF LA QUINTAGENERAL FUND BUDGET NOTESFY 2022/23 PROPOSED BUDGET10% Transient occupancy tax for bed and breakfast6421 Zoning Change Mitigation Fees400,000.00101-0000-41410Fees are charged based on development agreements, wherebyformer commercial property was converted to housing developments and mitigation fees cover lost revenue from thechange in development type.STVR Registration Fee900,000.00101-0000-41415TOT - Resort Fees375,000.00101-0000-41416TOT levied on resort fees which are charged by some hotels. The City provides an annual incentive rebate program for hotels collecting TOT on resort fees. Rebate programs are budgeted in Centralized Services. Franchise Taxes - Burrtec1,000,000.00101-0000-41505Burrtec Franchise Fee is based on an agreement with the Cityand is adjusted annually on January 1st per a consumer priceindex. Burrtec Admin Cost Reimburse120,000.00101-0000-41507Base amount of $101,675 adjusted annually on January 1st by the change in the Consumer Price Index starting in June 2016 and ending on 6/30/2026.Property Tax in Lieu of VLF5,011,700.00101-0000-41800Property tax in lieu of vehicle license fee (VLF) is derived fromthe 2004 property tax swap whereby cities receive property taxallocation in lieu of VLF's. The VLF allocation can change annually based on the percent increase in property valuations.Allocated Interest400,000.00101-0000-41900CITY OF LA QUINTAGENERAL FUND BUDGET NOTESFY 2022/23 PROPOSED BUDGET7422 Interest rates are anticipated to continue to increase throughout FY 2022/23 as the Federal Reserve is forecasted to raise rates in an attempt to curb inflation. Maturing securities will be reinvested at potentially higher rates and the Local Agency Investment Fund (LAIF) yield will rise as well. Leisure Enrichment35,000.00101-0000-42200Various leisure enrichment activity should continue to increaseas COVID risks and fears dissipate and people return to normalactivites. Wellness Center Memberships75,000.00101-0000-42218The Wellness Center membership renewals are anticipated toresume as members return to in-person activites.Fire Plan Review Fee65,000.00101-0000-42420Fire Plan reviews are conducted in-house by Riverside County Fire Inspectors. Fire Inspection Fee60,000.00101-0000-42421Fire Inspections are conducted in-house by Riverside CountyFire Inspectors. Appeals - Permits, Licenses, Pr3,000.00101-0000-42440Appeals for permits, licenses, and violations are captured inthis revenue line item. Fire Service Credit7,400,000.00101-0000-42500Property tax revenue restricted for fire services.False Alarm Fees - Police15,000.00101-0000-42709CITY OF LA QUINTAGENERAL FUND BUDGET NOTESFY 2022/23 PROPOSED BUDGET8423 Fees are anticipated to resume after having been suspendedduring the pandemic.CSA 152 Assessments250,000.00101-0000-43633Annual revenue generated through property tax collection andheld by the County until reimbursements for qualified expenditures are submitted by the City. Contributions from Other Agen3,000.00101-0000-43650The approved Last and Final Recognized Obligation Payment Schedule (ROPS) includes an annual administrative fee reimbursement for the City to perform the wind down activitiesassociated with the former Redevelopment Agency. CITY OF LA QUINTAGENERAL FUND BUDGET NOTESFY 2022/23 PROPOSED BUDGET9424 THIS PAGE INTENTIONALLY LEFT BLANK 425 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 1001 - City Council 50 - Salaries and Benefits 144,443 144,000 144,000 122,622 144,000 0 0%101-1001-50108 Salaries - Council Members 2,408 2,400 2,400 2,014 2,400 0 0%101-1001-50150 Other Compensation 9,621 9,600 9,600 8,092 9,600 0 0%101-1001-50200 PERS-City Portion 51,384 104,600 104,600 47,277 123,800 19,200 18%101-1001-50221 Medical Insurance 606 0 0 466 0 0 0%101-1001-50222 Vision Insurance 3,591 0 0 2,577 0 0 0%101-1001-50223 Dental Insurance 433 0 0 316 0 0 0%101-1001-50224 Life Insurance 10,100 10,500 10,500 7,875 10,500 0 0%101-1001-50230 Workers Comp Insurance 2,094 5,600 5,600 1,778 5,600 0 0%101-1001-50240 Social Security-Medicare 3,433 0 0 2,914 0 0 0%101-1001-50241 Social Security-FICA 50 - Salaries and Benefits Totals:228,115 276,700 276,700 195,931 295,900 19,200 7% 62 - Maintenance & Operations 0 10,000 10,000 7,779 40,000 30,000 300%101-1001-60137 Community Special Events 5,032 15,000 15,000 4,807 15,000 0 0%101-1001-60320 Travel & Training 391 500 500 283 500 0 0%101-1001-60420 Operating Supplies 62 - Maintenance & Operations Totals:5,423 25,500 25,500 12,868 55,500 30,000 118% 1001 - City Council Totals:233,538 302,200 302,200 208,799 351,400 49,200 16% 144,443 144,000 144,000 122,622 144,000 0 2,408 2,400 2,400 2,014 2,400 0 9,621 9,600 9,600 8,092 9,600 0 51,384 104,600 104,600 47,277 123,800 19,200 606 0 0 466 0 0 3,591 0 0 2,577 0 0 433 0 0 316 0 0 10,100 10,500 10,500 7,875 10,500 0 2,094 5,600 5,600 1,778 5,600 0 3,433 0 0 2,914 0 0 228,115 276,700 276,700 195,931 295,900 19,200 0 10,000 10,000 7,779 40,000 30,000 5,032 15,000 15,000 4,807 15,000 0 391 500 500 283 500 0 5,423 25,500 25,500 12,868 55,500 30,000 233,538 302,200 302,200 208,799 351,400 49,200 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 10 426 Department : 1001 - City CouncilCommunity Special Events40,000.00101-1001-60137Annual City open houseState of the City/City's 40th AnniversaryTravel & Training15,000.00101-1001-60320League of CA Cities- Annual conference and legislative action daysCouncil meeting expenses CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET11427 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 1002 - City Manager 50 - Salaries and Benefits 366,162 375,700 375,700 333,501 404,940 29,240 8%101-1002-50101 Permanent Full Time 257 0 0 43 0 0 0%101-1002-50105 Salaries - Overtime 867 900 900 725 900 0 0%101-1002-50150 Other Compensation 26,385 32,300 32,300 23,966 33,900 1,600 5%101-1002-50200 PERS-City Portion 16,000 10,000 10,000 8,000 10,000 0 0%101-1002-50215 Other Fringe Benefits 42,257 62,800 62,800 43,144 74,300 11,500 18%101-1002-50221 Medical Insurance 526 0 0 444 0 0 0%101-1002-50222 Vision Insurance 2,718 0 0 2,675 0 0 0%101-1002-50223 Dental Insurance 145 0 0 145 0 0 0%101-1002-50224 Life Insurance 1,263 1,800 1,800 1,592 2,400 600 33%101-1002-50225 Long Term Disability 6,900 7,100 7,100 5,325 7,100 0 0%101-1002-50230 Workers Comp Insurance 5,425 5,500 5,500 4,952 5,800 300 5%101-1002-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:468,904 496,100 496,100 424,511 539,340 43,240 9% 60 - Contract Services 41,685 80,000 80,000 42,385 100,000 20,000 25%101-1002-60101 Contract Services - Administrative 2,344 20,000 20,000 40,237 45,000 25,000 125%101-1002-60103 Professional Services 60 - Contract Services Totals:44,029 100,000 100,000 82,622 145,000 45,000 45% 62 - Maintenance & Operations 228 6,000 6,000 3,146 6,000 0 0%101-1002-60320 Travel & Training 92,045 105,000 105,000 88,535 105,000 0 0%101-1002-60351 Membership Dues 0 2,000 2,000 825 2,000 0 0%101-1002-60352 Subscriptions & Publications 553 1,000 1,000 741 1,000 0 0%101-1002-60400 Office Supplies 56 1,000 1,000 870 1,000 0 0%101-1002-60420 Operating Supplies 62 - Maintenance & Operations Totals:92,882 115,000 115,000 94,118 115,000 0 0% 64 - Other Expenses 0 300,000 300,000 0 300,000 0 0%101-1002-60510 Contingency for Operations 64 - Other Expenses Totals:0 300,000 300,000 0 300,000 0 0% 69 - Internal Service Charges 63,700 64,900 64,900 48,675 78,200 13,300 20%101-1002-98110 Information Tech Charges 69 - Internal Service Charges Totals:63,700 64,900 64,900 48,675 78,200 13,300 20% 1002 - City Manager Totals:669,515 1,076,000 1,076,000 649,926 1,177,540 101,540 9% 366,162 375,700 375,700 333,501 404,940 29,240 257 0 0 43 0 0 867 900 900 725 900 0 26,385 32,300 32,300 23,966 33,900 1,600 16,000 10,000 10,000 8,000 10,000 0 42,257 62,800 62,800 43,144 74,300 11,500 526 0 0 444 0 0 2,718 0 0 2,675 0 0 145 0 0 145 0 0 1,263 1,800 1,800 1,592 2,400 600 6,900 7,100 7,100 5,325 7,100 0 5,425 5,500 5,500 4,952 5,800 300 468,904 496,100 496,100 424,511 539,340 43,240 41,685 80,000 80,000 42,385 100,000 20,000 2,344 20,000 20,000 40,237 45,000 25,000 44,029 100,000 100,000 82,622 145,000 45,000 228 6,000 6,000 3,146 6,000 0 92,045 105,000 105,000 88,535 105,000 0 0 2,000 2,000 825 2,000 0 553 1,000 1,000 741 1,000 0 56 1,000 1,000 870 1,000 0 92,882 115,000 115,000 94,118 115,000 0 0 300,000 300,000 0 300,000 0 0 300,000 300,000 0 300,000 0 63,700 64,900 64,900 48,675 78,200 13,300 63,700 64,900 64,900 48,675 78,200 13,300 669,515 1,076,000 1,076,000 649,926 1,177,540 101,540 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 12 428 Department : 1002 - City ManagerPermanent Full Time404,940.00101-1002-50101 80% - City Manager (20% Housing Fund) 60% - Assistant to City Manager (40% Housing Fund)100% - Management Specialist 40% - Management Specialist (60% Housing Fund) 20% - Management Assistant (80% Housing Fund)Contract Services - Administra100,000.00101-1002-60101Legislative lobbying servicesEconomic development servicesProfessional Services45,000.00101-1002-60103Title and appraisal services and property surveysWaste management for special eventsTravel & Training6,000.00101-1002-60320League of California Cities (LCC) Regional meetings & miscellaneous training such as:Coachella Valley Association of Governments (CVAG), California Cities/Counties Mgmt Foundation (CCMF), andSouthern CA Association of Governments (SCAG)Membership Dues105,000.00101-1002-60351International City/County Mgmt Association (ICMA)League of CA Cities (LCC) - RiversideCalifornia Cities/Counties Mgmt Foundation (CCMF)Coachella Valley Association of Governments (CVAG)National League of Cities (NLC)Southern CA Association of Governments (SCAG)Subscriptions & Publications2,000.00101-1002-60352CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGETProperty analysis and grant solutions 13429 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 3007 - Marketing & Community Relations 50 - Salaries and Benefits 163,912 180,200 180,200 160,734 195,228 15,028 8%101-3007-50101 Permanent Full Time 183 0 0 0 0 0 0%101-3007-50105 Salaries - Overtime 12,391 14,000 14,000 11,421 14,300 300 2%101-3007-50200 PERS-City Portion 38,250 41,900 41,900 34,632 49,500 7,600 18%101-3007-50221 Medical Insurance 479 0 0 401 0 0 0%101-3007-50222 Vision Insurance 2,276 0 0 1,862 0 0 0%101-3007-50223 Dental Insurance 70 0 0 84 0 0 0%101-3007-50224 Life Insurance 746 1,000 1,000 817 1,300 300 30%101-3007-50225 Long Term Disability 4,100 4,200 4,200 3,150 4,200 0 0%101-3007-50230 Workers Comp Insurance 2,379 2,700 2,700 2,331 2,800 100 4%101-3007-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:224,786 244,000 244,000 215,432 267,328 23,328 10% 60 - Contract Services 0 10,000 10,000 0 70,000 60,000 600%101-3007-60134 Promotional Items 0 10,700 10,700 0 10,700 0 0%101-3007-60137 Community Engagement 223,963 213,400 313,400 316,225 323,500 10,100 3%101-3007-60151 VGPS - Visit Greater Palm Springs 60 - Contract Services Totals:223,963 234,100 334,100 316,225 404,200 70,100 21% 62 - Maintenance & Operations 3,910 8,000 8,000 4,851 8,000 0 0%101-3007-60320 Travel & Training 2,571 10,000 10,000 8,339 10,000 0 0%101-3007-60351 Membership Dues 4,472 15,000 15,000 7,753 20,000 5,000 33%101-3007-60410 Printing 1,557 1,600 1,600 919 1,600 0 0%101-3007-60420 Operating Supplies 8,000 25,000 25,000 18,261 25,000 0 0%101-3007-60450 Advertising 598,723 750,000 750,000 498,326 850,000 100,000 13%101-3007-60461 Marketing & Tourism Promotions 62 - Maintenance & Operations Totals:619,232 809,600 809,600 538,448 914,600 105,000 13% 69 - Internal Service Charges 37,500 38,200 38,200 28,650 46,000 7,800 20%101-3007-98110 Information Tech Charges 69 - Internal Service Charges Totals:37,500 38,200 38,200 28,650 46,000 7,800 20% 3007 - Marketing & Community Relations Totals:1,105,482 1,325,900 1,425,900 1,098,756 1,632,128 206,228 14% 163,912 180,200 180,200 160,734 195,228 15,028 183 0 0 0 0 0 12,391 14,000 14,000 11,421 14,300 300 38,250 41,900 41,900 34,632 49,500 7,600 479 0 0 401 0 0 2,276 0 0 1,862 0 0 70 0 0 84 0 0 746 1,000 1,000 817 1,300 300 4,100 4,200 4,200 3,150 4,200 0 2,379 2,700 2,700 2,331 2,800 100 224,786 244,000 244,000 215,432 267,328 23,328 0 10,000 10,000 0 70,000 60,000 0 10,700 10,700 0 10,700 0 223,963 213,400 313,400 316,225 323,500 10,100 223,963 234,100 334,100 316,225 404,200 70,100 3,910 8,000 8,000 4,851 8,000 0 2,571 10,000 10,000 8,339 10,000 0 4,472 15,000 15,000 7,753 20,000 5,000 1,557 1,600 1,600 919 1,600 0 8,000 25,000 25,000 18,261 25,000 0 598,723 750,000 750,000 498,326 850,000 100,000 619,232 809,600 809,600 538,448 914,600 105,000 37,500 38,200 38,200 28,650 46,000 7,800 37,500 38,200 38,200 28,650 46,000 7,800 1,105,482 1,325,900 1,425,900 1,098,756 1,632,128 206,228 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 14 430 Department : 3007 - Marketing & Community RelationsPermanent Full Time195,228.00101-3007-50101100% - Marketing Manager100% - Management SpecialistPromotional Items70,000.00101-3007-60134For community engagement and special eventsCommunity Engagement10,700.00101-3007-60137Community workshop and City eventsVGPS - Visit Greater Palm Spri323,500.00101-3007-60151Payment of transient occupancy tax (TOT) to the Greater PalmSprings Convention Visitors Bureau (GPSCVB) for a percentageall TOT revenue collected. To jointly encourage, promote, andattract visitors to the Coachella Valley. .0015 of gross rental revenue for non-convention TOT.0035 of gross rental revenue for convention TOTTravel & Training8,000.00101-3007-60320Visit CA - travel destination conferenceCalTravel - travel destination conferenceMembership Dues10,000.00101-3007-60351CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGETCoachella Valley Economic Partnership, CA Association of Public Information Officers, Cal Travel, Public Relations Society of America, Mail Chimp, and Ragan Communications15431 Printing20,000.00101-3007-60410Citywide business cards, event signs and bannersAdvertising25,000.00101-3007-60450AmountNational Date Festival5,000Sponsorships - CVEP Summit, Modernism Week, etc20,000Marketing & Tourism Promotio850,000.00101-3007-60461Photography, Chamber of Commerce Contract, Video, Commercials, Marketing Contracts, Marketing Efforts, MusicLicensing, Palm Springs Life Vision, and State of the CityCITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET16432 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 1003 - City Attorney 60 - Contract Services 391,348 546,000 646,000 207,840 646,000 0 0%101-1003-60153 Attorney 66,006 150,000 150,000 26,626 150,000 0 0%101-1003-60154 Attorney/Litigation 60 - Contract Services Totals:457,354 696,000 796,000 234,467 796,000 0 0% 1003 - City Attorney Totals:457,354 696,000 796,000 234,467 796,000 0 0% 391,348 546,000 646,000 207,840 646,000 0 66,006 150,000 150,000 26,626 150,000 0 457,354 696,000 796,000 234,467 796,000 0 457,354 696,000 796,000 234,467 796,000 0 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 17 433 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 1005 - City Clerk 50 - Salaries and Benefits 226,214 281,700 281,700 266,462 454,818 173,118 61%101-1005-50101 Permanent Full Time 618 0 0 50 0 0 0%101-1005-50105 Salaries - Overtime 735 500 500 779 500 0 0%101-1005-50150 Other Compensation 22,782 26,800 26,800 24,816 40,400 13,600 51%101-1005-50200 PERS-City Portion 57,627 81,600 81,600 55,088 146,000 64,400 79%101-1005-50221 Medical Insurance 791 0 0 607 0 0 0%101-1005-50222 Vision Insurance 3,137 0 0 2,438 0 0 0%101-1005-50223 Dental Insurance 109 0 0 174 0 0 0%101-1005-50224 Life Insurance 1,027 1,600 1,600 1,393 2,700 1,100 69%101-1005-50225 Long Term Disability 7,900 8,200 8,200 6,150 12,300 4,100 50%101-1005-50230 Workers Comp Insurance 3,604 4,200 4,200 4,137 6,500 2,300 55%101-1005-50240 Social Security-Medicare 509 0 0 1,020 0 0 0%101-1005-50241 Social Security-FICA 21,734 40,000 40,000 17,623 40,000 0 0%101-1005-50251 Temporary 50 - Salaries and Benefits Totals:346,786 444,600 444,600 380,737 703,218 258,618 58% 60 - Contract Services 62,728 90,000 90,000 26,585 345,000 255,000 283%101-1005-60103 Professional Services 0 0 0 11,533 40,000 40,000 0%101-1005-60125 Temporary Agency Services 60 - Contract Services Totals:62,728 90,000 90,000 38,118 385,000 295,000 328% 62 - Maintenance & Operations 2,076 7,000 7,000 4,303 15,000 8,000 114%101-1005-60320 Travel & Training 1,306 1,500 1,500 1,141 2,000 500 33%101-1005-60351 Membership Dues 1,822 2,500 2,500 809 2,500 0 0%101-1005-60400 Office Supplies 0 0 10,000 7,183 10,000 0 0%101-1005-60410 Printing 1,617 1,200 1,200 990 1,200 0 0%101-1005-60420 Operating Supplies 4,839 4,000 4,000 1,207 4,000 0 0%101-1005-60450 Advertising 62 - Maintenance & Operations Totals:11,660 16,200 26,200 15,634 34,700 8,500 32% 69 - Internal Service Charges 73,000 74,400 74,400 55,800 134,608 60,208 81%101-1005-98110 Information Tech Charges 69 - Internal Service Charges Totals:73,000 74,400 74,400 55,800 134,608 60,208 81% 1005 - City Clerk Totals:494,173 625,200 635,200 490,290 1,257,526 622,326 98% 226,214 281,700 281,700 266,462 454,818 173,118 618 0 0 50 0 0 735 500 500 779 500 0 22,782 26,800 26,800 24,816 40,400 13,600 57,627 81,600 81,600 55,088 146,000 64,400 791 0 0 607 0 0 3,137 0 0 2,438 0 0 109 0 0 174 0 0 1,027 1,600 1,600 1,393 2,700 1,100 7,900 8,200 8,200 6,150 12,300 4,100 3,604 4,200 4,200 4,137 6,500 2,300 509 0 0 1,020 0 0 21,734 40,000 40,000 17,623 40,000 0 346,786 444,600 444,600 380,737 703,218 258,618 62,728 90,000 90,000 26,585 345,000 255,000 0 0 0 11,533 40,000 40,000 62,728 90,000 90,000 38,118 385,000 295,000 2,076 7,000 7,000 4,303 15,000 8,000 1,306 1,500 1,500 1,141 2,000 500 1,822 2,500 2,500 809 2,500 0 0 0 10,000 7,183 10,000 0 1,617 1,200 1,200 990 1,200 0 4,839 4,000 4,000 1,207 4,000 0 11,660 16,200 26,200 15,634 34,700 8,500 73,000 74,400 74,400 55,800 134,608 60,208 73,000 74,400 74,400 55,800 134,608 60,208 494,173 625,200 635,200 490,290 1,257,526 622,326 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 18 434 Department : 1005 - City ClerkPermanent Full Time454,818.00101-1005-50101 90% - City Clerk (10% Housing)100% - Deputy City Clerk100% - Management Assistant 100% - Administrative Assistant100% - Permit Technicians (2, New in FY 22/23)Professional Services345,000.00101-1005-60103Municipal Code text and online updatesImaging scanning servicesFor The Record tech support (DSS Corp)DigiCert electronic signaturesCtiywide fee study updatesRecords legislation, requirements, minute writing services, and retention updatesSTVR Programming Compliance, Analytics & Permitting SoftwareTemporary Agency Services40,000.00101-1005-60125To provide staffing resources while vacancies are filled and permanent staff is trainedTravel & Training15,000.00101-1005-60320CA City Clerks Association annual conference & seminarsMunicipal Clerks certifications and training Membership Dues2,000.00101-1005-60351California City Clerks Association (CCAC)- 4 employeesNational Notary Association Errors and Omission insurance (E&O)- 3 employees International Institute of Municipal Clerks (IIMC) membershipPrinting10,000.00Advertising4,000.00101-1005-60410101-1005-60450Public hearing notices, Commission and Board vacanciesCITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET19435 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 1004 - Human Resources 50 - Salaries and Benefits 92,440 96,400 111,400 85,897 168,198 56,798 51%101-1004-50101 Permanent Full Time 34,995 36,300 36,300 31,692 0 (36,300)-100%101-1004-50102 Salaries - Part Time 277 0 0 403 0 0 0%101-1004-50150 Other Compensation 9,648 7,500 7,500 8,699 12,400 4,900 65%101-1004-50200 PERS-City Portion 5,670 21,000 21,000 5,392 49,500 28,500 136%101-1004-50221 Medical Insurance 287 0 0 234 0 0 0%101-1004-50222 Vision Insurance 1,631 0 0 1,348 0 0 0%101-1004-50223 Dental Insurance 35 0 0 44 0 0 0%101-1004-50224 Life Insurance 421 600 600 460 1,100 500 83%101-1004-50225 Long Term Disability 2,100 2,100 2,100 1,575 4,200 2,100 100%101-1004-50230 Workers Comp Insurance 1,891 1,500 1,500 1,744 2,400 900 60%101-1004-50240 Social Security-Medicare 0 0 0 12 0 0 0%101-1004-50241 Social Security-FICA 0 0 0 198 0 0 0%101-1004-50251 Temporary 0 17,600 17,600 3,214 18,000 400 2%101-1004-50252 Annual Wellness Dollar Reimbursement 50 - Salaries and Benefits Totals:149,396 183,000 198,000 140,911 255,798 57,798 29% 60 - Contract Services 0 70,000 70,000 10,101 70,000 0 0%101-1004-60103 Professional Services 9,906 20,000 20,000 7,650 20,000 0 0%101-1004-60104 Consultants/Employee Services 60 - Contract Services Totals:9,906 90,000 90,000 17,752 90,000 0 0% 62 - Maintenance & Operations 5,046 10,000 30,000 13,044 30,000 0 0%101-1004-60129 Recruiting/Pre-Employment 27 4,000 4,000 (113)4,000 0 0%101-1004-60320 Travel & Training 16,183 52,000 52,000 6,292 52,000 0 0%101-1004-60322 Training & Education/MOU 7,557 9,000 9,000 12,069 9,000 0 0%101-1004-60340 Employee Recognition Events 6,785 6,500 6,500 6,500 6,500 0 0%101-1004-60351 Membership Dues 839 900 900 239 900 0 0%101-1004-60352 Subscriptions & Publications 342 500 500 217 500 0 0%101-1004-60400 Office Supplies 370 1,000 1,000 0 1,000 0 0%101-1004-60420 Operating Supplies 62 - Maintenance & Operations Totals:37,150 83,900 103,900 38,248 103,900 0 0% 69 - Internal Service Charges 18,800 19,100 19,100 14,325 46,000 26,900 141%101-1004-98110 Information Tech Charges 69 - Internal Service Charges Totals:18,800 19,100 19,100 14,325 46,000 26,900 141% 1004 - Human Resources Totals:215,251 376,000 411,000 211,236 495,698 84,698 21% 92,440 96,400 111,400 85,897 168,198 56,798 34,995 36,300 36,300 31,692 0 (36,300) 277 0 0 403 0 0 9,648 7,500 7,500 8,699 12,400 4,900 5,670 21,000 21,000 5,392 49,500 28,500 287 0 0 234 0 0 1,631 0 0 1,348 0 0 35 0 0 44 0 0 421 600 600 460 1,100 500 2,100 2,100 2,100 1,575 4,200 2,100 1,891 1,500 1,500 1,744 2,400 900 0 0 0 12 0 0 0 0 0 198 0 0 0 17,600 17,600 3,214 18,000 400 149,396 183,000 198,000 140,911 255,798 57,798 0 70,000 70,000 10,101 70,000 0 9,906 20,000 20,000 7,650 20,000 0 9,906 90,000 90,000 17,752 90,000 0 5,046 10,000 30,000 13,044 30,000 0 27 4,000 4,000 (113)4,000 0 16,183 52,000 52,000 6,292 52,000 0 7,557 9,000 9,000 12,069 9,000 0 6,785 6,500 6,500 6,500 6,500 0 839 900 900 239 900 0 342 500 500 217 500 0 370 1,000 1,000 0 1,000 0 37,150 83,900 103,900 38,248 103,900 0 18,800 19,100 19,100 14,325 46,000 26,900 18,800 19,100 19,100 14,325 46,000 26,900 215,251 376,000 411,000 211,236 495,698 84,698 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 20 436 Department : 1004 - Human ResourcesPermanent Full Time168,198.00101-1004-50101100% - Human Resources Analyst100% - Adminstrative TechnicianProfessional Services70,000.00101-1004-60103Citywide employee development programs Consultants/Employee Service20,000.00101-1004-60104Employee Assistance Program (EAP)- Wellness WorksCalPERS- Monthly medical premium and administration feesTAG/AMS DOT random screeningsDMV medical exams (Class B)Bilingual TestingRecruiting/Pre-Employment30,000.00101-1004-60129Interview panel costsFingerprintingPhysicals and drug screeningsBackground checksTravel & Training4,000.00101-1004-60320Liebert Cassidy Whitmore (LCW)- law & labor relationsEducational forums and miscellaneous trainingMembership Dues6,500.00101-1004-60351CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGETSociety of HR Management (SHRM)Professionals in HR Association (PIHRA)International Public Management Association for HR (IPMA-HR),World at Work (WOW)CV Employment Relations Consortium (LCW)CA Public Employers Labor Relations Assoc. (CalPELRA)Subscriptions & Publications900.00101-1004-60352Labor law compliance posters21437 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 2001 - Police 60 - Contract Services 26,708 40,000 40,000 394 50,000 10,000 25%101-2001-60103 Professional Services 5,129 10,000 10,000 9,333 12,000 2,000 20%101-2001-60109 LQ Police Volunteers 9,562,657 9,890,000 9,890,000 6,431,588 10,070,000 180,000 2%101-2001-60161 Sheriff Patrol 296,155 485,000 485,000 217,953 485,000 0 0%101-2001-60162 Police Overtime 1,737,555 1,855,000 1,855,000 1,212,308 1,896,000 41,000 2%101-2001-60163 Target Team 759,638 818,000 818,000 513,640 836,000 18,000 2%101-2001-60164 Community Services Officer 24,373 100,000 100,000 89,110 100,000 0 0%101-2001-60165 Special Enforcement/City Special Events 199,783 209,500 209,500 76,472 214,000 4,500 2%101-2001-60166 Gang Task Force 199,783 209,500 209,500 137,650 214,000 4,500 2%101-2001-60167 Narcotics Task Force 29,729 202,000 202,000 106,359 230,000 28,000 14%101-2001-60168 School Officer 1,687,298 1,863,000 1,863,000 1,181,342 1,900,000 37,000 2%101-2001-60169 Motor Officer 533,360 573,000 573,000 369,287 579,000 6,000 1%101-2001-60170 Dedicated Sargeants 305,307 320,000 320,000 210,456 327,000 7,000 2%101-2001-60171 Dedicated Lieutenant 404,846 423,000 423,000 259,043 450,000 27,000 6%101-2001-60172 Sheriff - Mileage 0 18,000 18,000 0 18,000 0 0%101-2001-60173 Booking Fees 36,456 30,000 30,000 22,194 30,000 0 0%101-2001-60174 Blood/Alcohol Testing 70,600 95,000 95,000 48,327 95,000 0 0%101-2001-60175 Special Enforcement Funds 511,246 557,000 557,000 51,149 557,000 0 0%101-2001-60176 Sheriff - Other 5,322 8,000 8,000 6,631 9,000 1,000 13%101-2001-60193 Sexual Assault Exam Fees 60 - Contract Services Totals:16,395,945 17,706,000 17,706,000 10,943,234 18,072,000 366,000 2% 62 - Maintenance & Operations 5,640 5,000 5,000 0 5,000 0 0%101-2001-60320 Travel & Training 8,954 13,000 13,000 5,429 13,000 0 0%101-2001-60420 Operating Supplies 62 - Maintenance & Operations Totals:14,594 18,000 18,000 5,429 18,000 0 0% 66 - Utilities 13,187 14,000 14,000 8,763 15,000 1,000 7%101-2001-61300 Telephone - Utilities 1,781 6,000 6,000 1,140 6,000 0 0%101-2001-61400 Cable/Internet - Utilities 66 - Utilities Totals:14,968 20,000 20,000 9,903 21,000 1,000 5% 68 - Capital Expenses 0 50,000 60,000 0 0 (60,000)-100%101-2001-71031 Vehicles 68 - Capital Expenses Totals:0 50,000 60,000 0 0 (60,000)-100% 69 - Internal Service Charges 10,000 10,000 10,000 7,500 10,000 0 0%101-2001-98110 Information Tech Charges 44,400 51,100 51,100 38,325 64,900 13,800 27%101-2001-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:54,400 61,100 61,100 45,825 74,900 13,800 23% 2001 - Police Totals:16,479,907 17,855,100 17,865,100 11,004,391 18,185,900 320,800 2% 26,708 40,000 40,000 394 50,000 10,000 5,129 10,000 10,000 9,333 12,000 2,000 9,562,657 9,890,000 9,890,000 6,431,588 10,070,000 180,000 296,155 485,000 485,000 217,953 485,000 0 1,737,555 1,855,000 1,855,000 1,212,308 1,896,000 41,000 759,638 818,000 818,000 513,640 836,000 18,000 24,373 100,000 100,000 89,110 100,000 0 199,783 209,500 209,500 76,472 214,000 4,500 199,783 209,500 209,500 137,650 214,000 4,500 29,729 202,000 202,000 106,359 230,000 28,000 1,687,298 1,863,000 1,863,000 1,181,342 1,900,000 37,000 533,360 573,000 573,000 369,287 579,000 6,000 305,307 320,000 320,000 210,456 327,000 7,000 404,846 423,000 423,000 259,043 450,000 27,000 0 18,000 18,000 0 18,000 0 36,456 30,000 30,000 22,194 30,000 0 70,600 95,000 95,000 48,327 95,000 0 511,246 557,000 557,000 51,149 557,000 0 5,322 8,000 8,000 6,631 9,000 1,000 16,395,945 17,706,000 17,706,000 10,943,234 18,072,000 366,000 5,640 5,000 5,000 0 5,000 0 8,954 13,000 13,000 5,429 13,000 0 14,594 18,000 18,000 5,429 18,000 0 13,187 14,000 14,000 8,763 15,000 1,000 1,781 6,000 6,000 1,140 6,000 0 14,968 20,000 20,000 9,903 21,000 1,000 0 50,000 60,000 0 0 (60,000) 0 50,000 60,000 0 0 (60,000) 10,000 10,000 10,000 7,500 10,000 0 44,400 51,100 51,100 38,325 64,900 13,800 54,400 61,100 61,100 45,825 74,900 13,800 16,479,907 17,855,100 17,865,100 11,004,391 18,185,900 320,800 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 22 438 Department : 2001 - PoliceProfessional Services50,000.00101-2001-60103Annual Police Matrix StudySheriff Patrol10,070,000.00101-2001-60161Increases for Police services in FY 2022/23 are attributed to rising labor and pension costs. Daily patrol hours (130) and service levels are incorporated. The contract funds the following positions: 1 Lieutenant, 2 Sergeants, 2 Motor Traffic Officers, 3 Traffic Officers, 5 Special Enforcement Team Officers, 2 Deputy Sheriff Officers, and 6 Community Service OfficersTravel & Training5,000.00101-2001-60320Crime prevention officers will provide training to the Citizens onPatrol. CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET23439 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 2002 - Fire 50 - Salaries and Benefits 193,613 204,500 204,500 143,418 197,472 (7,028)-3%101-2002-50101 Permanent Full Time 0 4,000 4,000 599 4,000 0 0%101-2002-50105 Salaries - Overtime 96 100 100 81 100 0 0%101-2002-50150 Other Compensation 14,937 16,100 16,100 10,426 14,800 (1,300)-8%101-2002-50200 PERS-City Portion 48,086 53,400 53,400 37,607 63,100 9,700 18%101-2002-50221 Medical Insurance 637 0 0 459 0 0 0%101-2002-50222 Vision Insurance 2,778 0 0 1,742 0 0 0%101-2002-50223 Dental Insurance 97 0 0 97 0 0 0%101-2002-50224 Life Insurance 853 2,000 2,000 675 2,500 500 25%101-2002-50225 Long Term Disability 5,200 5,400 5,400 4,050 5,400 0 0%101-2002-50230 Workers Comp Insurance 2,827 3,100 3,100 2,408 2,900 (200)-6%101-2002-50240 Social Security-Medicare 82 0 0 1,290 0 0 0%101-2002-50241 Social Security-FICA 1,326 0 0 21,905 0 0 0%101-2002-50251 Temporary 50 - Salaries and Benefits Totals:270,532 288,600 288,600 224,756 290,272 1,672 1% 60 - Contract Services 22,450 15,000 15,000 0 15,000 0 0%101-2002-60103 Professional Services 0 3,000 3,000 0 4,000 1,000 33%101-2002-60110 Volunteers - Fire 14,909 15,800 15,800 13,045 19,000 3,200 20%101-2002-60112 Landscape Contract 3,063 2,500 2,500 2,782 3,500 1,000 40%101-2002-60116 Pest Control 1,530 1,500 1,500 0 1,500 0 0%101-2002-60123 Security & Alarm 5,902,289 6,620,200 6,620,200 0 7,725,000 1,104,800 17%101-2002-60139 Fire Service Costs 210,918 250,000 250,000 0 275,000 25,000 10%101-2002-60140 MOU - Ladder Truck 9,525 80,000 80,000 0 80,000 0 0%101-2002-60525 Golf Tournament 60 - Contract Services Totals:6,164,684 6,988,000 6,988,000 15,827 8,123,000 1,135,000 16% 62 - Maintenance & Operations 214 3,000 3,000 1,066 4,000 1,000 33%101-2002-60320 Travel & Training 0 100 100 0 1,000 900 900%101-2002-60351 Membership Dues 55 1,000 1,000 0 1,000 0 0%101-2002-60400 Office Supplies 4,423 6,000 6,000 6,095 6,000 0 0%101-2002-60406 Disaster Prep Supplies 187 500 500 0 500 0 0%101-2002-60410 Printing 6,522 20,000 20,000 23,605 20,000 0 0%101-2002-60445 Non-Reimbursable Misc 1,522 2,500 2,500 391 2,500 0 0%101-2002-60545 Small Tools & Equipment 6,566 50,000 50,000 8,311 50,000 0 0%101-2002-60670 Fire Station 1,750 5,000 5,000 658 5,000 0 0%101-2002-60671 Repair & Maintenance - EOC 30,086 60,000 60,000 47,635 60,000 0 0%101-2002-60691 Maintenance/Services 62 - Maintenance & Operations Totals:51,326 148,100 148,100 87,761 150,000 1,900 1% 66 - Utilities 1,399 1,500 1,500 1,704 2,000 500 33%101-2002-61100 Gas - Utilities 27,182 26,000 26,000 27,730 30,000 4,000 15%101-2002-61101 Electricity - Utilities 12,005 15,000 15,000 8,570 15,000 0 0%101-2002-61200 Water - Utilities 18,775 16,000 16,000 17,469 19,000 3,000 19%101-2002-61300 Telephone - Utilities 4,813 7,000 7,000 4,171 7,000 0 0%101-2002-61304 Mobile/Cell Phones/Satellites 6,378 6,000 6,000 10,819 14,000 8,000 133%101-2002-61400 Cable/Internet - Utilities 66 - Utilities Totals:70,552 71,500 71,500 70,464 87,000 15,500 22% 193,613 204,500 204,500 143,418 197,472 (7,028) 0 4,000 4,000 599 4,000 0 96 100 100 81 100 0 14,937 16,100 16,100 10,426 14,800 (1,300) 48,086 53,400 53,400 37,607 63,100 9,700 637 0 0 459 0 0 2,778 0 0 1,742 0 0 97 0 0 97 0 0 853 2,000 2,000 675 2,500 500 5,200 5,400 5,400 4,050 5,400 0 2,827 3,100 3,100 2,408 2,900 (200) 82 0 0 1,290 0 0 1,326 0 0 21,905 0 0 270,532 288,600 288,600 224,756 290,272 1,672 22,450 15,000 15,000 0 15,000 0 0 3,000 3,000 0 4,000 1,000 14,909 15,800 15,800 13,045 19,000 3,200 3,063 2,500 2,500 2,782 3,500 1,000 1,530 1,500 1,500 0 1,500 0 5,902,289 6,620,200 6,620,200 0 7,725,000 1,104,800 210,918 250,000 250,000 0 275,000 25,000 9,525 80,000 80,000 0 80,000 0 6,164,684 6,988,000 6,988,000 15,827 8,123,000 1,135,000 214 3,000 3,000 1,066 4,000 1,000 0 100 100 0 1,000 900 55 1,000 1,000 0 1,000 0 4,423 6,000 6,000 6,095 6,000 0 187 500 500 0 500 0 6,522 20,000 20,000 23,605 20,000 0 1,522 2,500 2,500 391 2,500 0 6,566 50,000 50,000 8,311 50,000 0 1,750 5,000 5,000 658 5,000 0 30,086 60,000 60,000 47,635 60,000 0 51,326 148,100 148,100 87,761 150,000 1,900 1,399 1,500 1,500 1,704 2,000 500 27,182 26,000 26,000 27,730 30,000 4,000 12,005 15,000 15,000 8,570 15,000 0 18,775 16,000 16,000 17,469 19,000 3,000 4,813 7,000 7,000 4,171 7,000 0 6,378 6,000 6,000 10,819 14,000 8,000 70,552 71,500 71,500 70,464 87,000 15,500 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 24 440 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 68 - Capital Expenses 0 5,000 5,000 0 5,000 0 0%101-2002-71021 Furniture 52,230 0 60,000 15,249 0 (60,000)-100%101-2002-71031 Vehicles 0 10,000 10,000 0 10,000 0 0%101-2002-72110 Building Improvements 5,242 30,000 498,000 76,054 0 (498,000)-100%101-2002-80101 Machinery & Equipment 68 - Capital Expenses Totals:57,472 45,000 573,000 91,304 15,000 (558,000)-97% 69 - Internal Service Charges 5,000 5,800 5,800 4,350 5,800 0 0%101-2002-91843 Property & Crime Insurance 13,000 14,000 14,000 10,500 14,000 0 0%101-2002-91844 Earthquake Insurance 47,800 48,700 48,700 36,525 58,700 10,000 21%101-2002-98110 Information Tech Charges 44,400 51,100 51,100 38,325 108,100 57,000 112%101-2002-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:110,200 119,600 119,600 89,700 186,600 67,000 56% 99 - Transfers Out 313,037 0 361,686 307,498 0 (361,686)-100%101-2002-99900 Transfers Out 99 - Transfers Out Totals:313,037 0 361,686 307,498 0 (361,686)-100% 2002 - Fire Totals:7,037,802 7,660,800 8,550,486 887,310 8,851,872 301,386 4% 0 5,000 5,000 0 5,000 0 52,230 0 60,000 15,249 0 (60,000) 0 10,000 10,000 0 10,000 0 5,242 30,000 498,000 76,054 0 (498,000) 57,472 45,000 573,000 91,304 15,000 (558,000) 5,000 5,800 5,800 4,350 5,800 0 13,000 14,000 14,000 10,500 14,000 0 47,800 48,700 48,700 36,525 58,700 10,000 44,400 51,100 51,100 38,325 108,100 57,000 110,200 119,600 119,600 89,700 186,600 67,000 313,037 0 361,686 307,498 0 (361,686) 313,037 0 361,686 307,498 0 (361,686) 7,037,802 7,660,800 8,550,486 887,310 8,851,872 301,386 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 25 441 Department : 2002 - FirePermanent Full Time197,472.00101-2002-50101100% - Senior Emergency Management Coordinator100% - Administrative Assistant 15% - Community Resources Director (70% CommunityResources Admin, 15% Library & Museum Fund) 20% - Public Safety Manager (80% Community ResourcesAdmin) 20% - Administrative Technician (80% Code Compliance)Professional Services15,000.00101-2002-60103Public safety announcements and Nixle contractLandscape Contract19,000.00101-2002-60112Landscaping maintenance services for all three fire stationsFire Service Costs7,725,000.00101-2002-60139Increase in Fire Services in FY 2022/23 are attributed to rising labor and pension costs. Contracted with Riverside County and include the following: Captain, Medic Engineers, Engineers, Fire Fighter II Medics, Fire Fighter II, Fire Safety Specialist, Fire Systems Inspector, Overhead/Administration & Direct Operating Expenses, Medic Unit Operating Costs and Fire Engine ChargesTravel & Training4,000.00101-2002-60320Emergency preparedness citywide training National Emergency Management AcademyMembership Dues1,000.00101-2002-60351Journal of Emergency Management (JEM) subscriptionInternational Association of Emergency Managers (IAEM)Printing500.00101-2002-60410CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGETUpdate Emergency Operations Center forms26442 Maintenance/Services60,000.00101-2002-60691Painting plus regular annual maintenance for each stationFurniture5,000.00101-2002-71021Emergency Operations Center tables, chairs, and desksCITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET27443 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 3001 - Community Resources Administration 50 - Salaries and Benefits 387,412 393,500 393,500 337,088 406,980 13,480 3%101-3001-50101 Permanent Full Time 1,800 4,500 4,500 3,375 4,500 0 0%101-3001-50110 Commissions & Boards 485 400 400 322 400 0 0%101-3001-50150 Other Compensation 31,264 34,000 34,000 27,820 33,700 (300)-1%101-3001-50200 PERS-City Portion 55,327 73,200 73,200 51,303 86,700 13,500 18%101-3001-50221 Medical Insurance 773 0 0 637 0 0 0%101-3001-50222 Vision Insurance 3,383 0 0 3,023 0 0 0%101-3001-50223 Dental Insurance 156 0 0 167 0 0 0%101-3001-50224 Life Insurance 1,489 2,100 2,100 1,705 800 (1,300)-62%101-3001-50225 Long Term Disability 7,100 7,400 7,400 5,550 7,300 (100)-1%101-3001-50230 Workers Comp Insurance 5,644 5,800 5,800 4,937 5,800 0 0%101-3001-50240 Social Security-Medicare 112 0 0 209 0 0 0%101-3001-50241 Social Security-FICA 50 - Salaries and Benefits Totals:494,944 520,900 520,900 436,137 546,180 25,280 5% 60 - Contract Services 10,000 25,000 25,000 25,000 25,000 0 0%101-3001-60101 Contract Services 1,371 7,000 7,000 2,161 7,000 0 0%101-3001-60122 Credit Card Fees 1,275 40,000 60,000 10,000 60,000 0 0%101-3001-60135 Boys & Girls Club 60 - Contract Services Totals:12,646 72,000 92,000 37,161 92,000 0 0% 62 - Maintenance & Operations 0 3,000 3,000 0 3,000 0 0%101-3001-60157 Rent Expense 3,930 4,000 4,000 236 4,000 0 0%101-3001-60320 Travel & Training 0 300 300 5 300 0 0%101-3001-60351 Membership Dues 92 1,500 1,500 77 1,500 0 0%101-3001-60400 Office Supplies 117,800 135,000 135,000 29,000 135,000 0 0%101-3001-60510 Grants & Economic Development/Marketing 4,871 2,000 2,000 0 15,000 13,000 650%101-3001-60527 2-1-1 Hotline 0 3,000 3,000 0 3,000 0 0%101-3001-60531 Homeless Bus Passes 62 - Maintenance & Operations Totals:126,692 148,800 148,800 29,318 161,800 13,000 9% 69 - Internal Service Charges 65,500 66,800 66,800 50,100 80,500 13,700 21%101-3001-98110 Information Tech Charges 69 - Internal Service Charges Totals:65,500 66,800 66,800 50,100 80,500 13,700 21% 3001 - Community Resources Administration Totals:699,783 808,500 828,500 552,715 880,480 51,980 6% 387,412 393,500 393,500 337,088 406,980 13,480 1,800 4,500 4,500 3,375 4,500 0 485 400 400 322 400 0 31,264 34,000 34,000 27,820 33,700 (300) 55,327 73,200 73,200 51,303 86,700 13,500 773 0 0 637 0 0 3,383 0 0 3,023 0 0 156 0 0 167 0 0 1,489 2,100 2,100 1,705 800 (1,300) 7,100 7,400 7,400 5,550 7,300 (100) 5,644 5,800 5,800 4,937 5,800 0 112 0 0 209 0 0 494,944 520,900 520,900 436,137 546,180 25,280 10,000 25,000 25,000 25,000 25,000 0 1,371 7,000 7,000 2,161 7,000 0 1,275 40,000 60,000 10,000 60,000 0 12,646 72,000 92,000 37,161 92,000 0 0 3,000 3,000 0 3,000 0 3,930 4,000 4,000 236 4,000 0 0 300 300 5 300 0 92 1,500 1,500 77 1,500 0 117,800 135,000 135,000 29,000 135,000 0 4,871 2,000 2,000 0 15,000 13,000 0 3,000 3,000 0 3,000 0 126,692 148,800 148,800 29,318 161,800 13,000 65,500 66,800 66,800 50,100 80,500 13,700 65,500 66,800 66,800 50,100 80,500 13,700 699,783 808,500 828,500 552,715 880,480 51,980 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 28 444 Department : 3001 - Community Resources AdministrationPermanent Full Time406,980.00101-3001-5010170% - Community Resources Director (15% Fire, 15% Library & Museum Fund)80% - Public Safety Manager (20% Fire)40% - Community Resources Manager (40% Wellness Center Operations, 20% Library & Museum Fund)80% - Community Resources Analyst (20% Library & Museum Fund)80% - Administrative Technician (20% Library & Museum Fund)Contract Services25,000.00101-3001-60101Full restoration of Old Towne Artisan Studio wellness westpartnership to be restored. Rent Expense3,000.00101-3001-60157YMCA leaseTravel & Training4,000.00101-3001-60320Leadership trainingMembership Dues300.00101-3001-60351Engaging Local Government Leaders (ELGL)International City/County Management Association (ICMA)Grants & Economic Developme135,000.00101-3001-60510$60,000 for Community Services Grants are administered per City Policy and selected via a Grant Ad Hoc Commitee. $75,000for food distribution and other social service programs. CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET29445 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 3002 - Wellness Center Operations 50 - Salaries and Benefits 218,489 233,900 233,900 202,881 250,002 16,102 7%101-3002-50101 Permanent Full Time 61,438 69,400 69,400 104,310 105,900 36,500 53%101-3002-50102 Salaries - Part Time 1,228 1,000 1,000 806 1,000 0 0%101-3002-50150 Other Compensation 25,007 23,800 23,800 23,671 24,400 600 3%101-3002-50200 PERS-City Portion 49,410 71,100 71,100 45,906 84,200 13,100 18%101-3002-50221 Medical Insurance 901 0 0 756 0 0 0%101-3002-50222 Vision Insurance 4,155 0 0 3,922 0 0 0%101-3002-50223 Dental Insurance 119 0 0 148 0 0 0%101-3002-50224 Life Insurance 1,006 1,400 1,400 1,103 1,300 (100)-7%101-3002-50225 Long Term Disability 6,900 7,100 7,100 5,325 7,100 0 0%101-3002-50230 Workers Comp Insurance 4,103 3,500 3,500 4,512 3,600 100 3%101-3002-50240 Social Security-Medicare 1,318 0 0 4,709 0 0 0%101-3002-50241 Social Security-FICA 0 0 30,000 1,492 0 (30,000)-100%101-3002-50251 Temporary 50 - Salaries and Benefits Totals:374,073 411,200 441,200 399,541 477,502 36,302 8% 60 - Contract Services 0 5,000 5,000 0 5,000 0 0%101-3002-60103 Professional Services 13,875 40,000 40,000 16,963 40,000 0 0%101-3002-60107 Instructors 0 3,000 3,000 3,000 3,000 0 0%101-3002-60108 Technical 60 - Contract Services Totals:13,875 48,000 48,000 19,963 48,000 0 0% 62 - Maintenance & Operations 0 3,000 3,000 2,814 3,000 0 0%101-3002-60157 Rental Expense 256 1,000 1,000 0 1,000 0 0%101-3002-60320 Travel & Training 1,515 3,000 3,000 1,014 3,000 0 0%101-3002-60351 Membership Dues 509 700 700 0 700 0 0%101-3002-60352 Subscriptions & Publications 18 3,000 3,000 447 3,000 0 0%101-3002-60400 Office Supplies 26,820 45,000 45,000 18,464 45,000 0 0%101-3002-60420 Operating Supplies 0 1,000 1,000 0 1,000 0 0%101-3002-60432 Tools/Equipment 62 - Maintenance & Operations Totals:29,119 56,700 56,700 22,738 56,700 0 0% 69 - Internal Service Charges 63,700 64,900 64,900 48,675 78,200 13,300 20%101-3002-98110 Information Tech Charges 14,800 17,100 17,100 12,825 21,700 4,600 27%101-3002-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:78,500 82,000 82,000 61,500 99,900 17,900 22% 3002 - Wellness Center Operations Totals:495,568 597,900 627,900 503,742 682,102 54,202 9% 218,489 233,900 233,900 202,881 250,002 16,102 61,438 69,400 69,400 104,310 105,900 36,500 1,228 1,000 1,000 806 1,000 0 25,007 23,800 23,800 23,671 24,400 600 49,410 71,100 71,100 45,906 84,200 13,100 901 0 0 756 0 0 4,155 0 0 3,922 0 0 119 0 0 148 0 0 1,006 1,400 1,400 1,103 1,300 (100) 6,900 7,100 7,100 5,325 7,100 0 4,103 3,500 3,500 4,512 3,600 100 1,318 0 0 4,709 0 0 0 0 30,000 1,492 0 (30,000) 374,073 411,200 441,200 399,541 477,502 36,302 0 5,000 5,000 0 5,000 0 13,875 40,000 40,000 16,963 40,000 0 0 3,000 3,000 3,000 3,000 0 13,875 48,000 48,000 19,963 48,000 0 0 3,000 3,000 2,814 3,000 0 256 1,000 1,000 0 1,000 0 1,515 3,000 3,000 1,014 3,000 0 509 700 700 0 700 0 18 3,000 3,000 447 3,000 0 26,820 45,000 45,000 18,464 45,000 0 0 1,000 1,000 0 1,000 0 29,119 56,700 56,700 22,738 56,700 0 63,700 64,900 64,900 48,675 78,200 13,300 14,800 17,100 17,100 12,825 21,700 4,600 78,500 82,000 82,000 61,500 99,900 17,900 495,568 597,900 627,900 503,742 682,102 54,202 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 30 446 Department : 3002 - Wellness Center OperationsPermanent Full Time250,002.00101-3002-50101 40% - Community Resources Manager (40% CommunityResources Administration, 20% Library & Museum Fund)100% - Community Resources Specialist100% - Community Resources Coordinator100% - Administrative Assistant Salaries - Part Time105,900.00101-3002-5010250% Senior Recreation Leader (2) (50% Recreation Programs & Special Events)50% Recreation Leader (8) (50% Recreation Programs & Special Events)Professional Services5,000.00101-3002-60103Retired senior volunteer program, annual volunteer sponsorships to Watercolors of La Quinta, Boys & Girls Club ofLa Quinta, and the California Highway PatrolInstructors40,000.00101-3002-60107Instructors for fitness classes and programmingTechnical3,000.00101-3002-60108Annual sponsorship for the Riverside County Senior InspirationAwardsRental Expense3,000.00101-3002-60157General insurances and security guards for facility rentalsCITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET31447 Travel & Training1,000.00101-3002-60320Park and recreational activity program training and certificationMembership Dues3,000.00101-3002-60351AmountMotion Picture Licensing Corporation (MPLC)500National Council on Aging (NCOA)100TechnoGym apps2,400Subscriptions & Publications700.00101-3002-60352AmountDesert Sun newspaper300Wellness publications400CITY OF LA QUINTAGENERAL FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET32448 THIS PAGE INTENTIONALLY LEFT BLANK 449 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 3003 - Recreation Programs & Special Events 50 - Salaries and Benefits 49,646 56,700 56,700 46,510 57,834 1,134 2%101-3003-50101 Permanent Full Time 12,511 69,400 69,400 30,476 105,900 36,500 53%101-3003-50102 Salaries - Part Time 3,962 10,500 10,500 4,393 10,100 (400)-4%101-3003-50200 PERS-City Portion 7,592 21,000 21,000 7,163 24,800 3,800 18%101-3003-50221 Medical Insurance 95 0 0 81 0 0 0%101-3003-50222 Vision Insurance 300 0 0 451 0 0 0%101-3003-50223 Dental Insurance 29 0 0 35 0 0 0%101-3003-50224 Life Insurance 204 1,300 1,300 226 400 (900)-69%101-3003-50225 Long Term Disability 2,100 2,100 2,100 1,575 2,100 0 0%101-3003-50230 Workers Comp Insurance 901 6,600 6,600 1,138 11,400 4,800 73%101-3003-50240 Social Security-Medicare 222 0 0 1,271 0 0 0%101-3003-50241 Social Security-FICA 0 0 30,000 1,478 0 (30,000)-100%101-3003-50251 Temporary 50 - Salaries and Benefits Totals:77,563 167,600 197,600 94,796 212,534 14,934 8% 60 - Contract Services 0 0 0 (684)0 0 0%101-3003-60107 Instructors 23,678 160,000 160,000 114,339 160,000 0 0%101-3003-60184 Fritz Burns Pool Programming 0 150,000 170,000 76,852 170,000 0 0%101-3003-60190 X-Park Programming 60 - Contract Services Totals:23,678 310,000 330,000 190,508 330,000 0 0% 62 - Maintenance & Operations 55,847 325,000 400,000 200,971 400,000 0 0%101-3003-60149 Community Experiences 51 1,000 1,000 703 5,000 4,000 400%101-3003-60157 Rental Expense 199 1,000 1,000 0 1,000 0 0%101-3003-60320 Travel & Training 200 500 500 200 500 0 0%101-3003-60351 Membership Dues 866 5,000 5,000 6,656 5,000 0 0%101-3003-60420 Operating Supplies 87 45,000 90,000 16,221 90,000 0 0%101-3003-60512 LQ Art Event 62 - Maintenance & Operations Totals:57,250 377,500 497,500 224,751 501,500 4,000 1% 64 - Other Expenses 1,610 0 0 0 0 0 0%101-3003-60540 Facility Rentals 64 - Other Expenses Totals:1,610 0 0 0 0 0 0% 69 - Internal Service Charges 18,800 19,100 19,100 14,325 23,000 3,900 20%101-3003-98110 Information Tech Charges 29,600 34,100 34,100 25,575 21,700 (12,400)-36%101-3003-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:48,400 53,200 53,200 39,900 44,700 (8,500)-16% 3003 - Recreation Programs & Special Events Totals:208,501 908,300 1,078,300 549,955 1,088,734 10,434 1% 49,646 56,700 56,700 46,510 57,834 1,134 12,511 69,400 69,400 30,476 105,900 36,500 3,962 10,500 10,500 4,393 10,100 (400) 7,592 21,000 21,000 7,163 24,800 3,800 95 0 0 81 0 0 300 0 0 451 0 0 29 0 0 35 0 0 204 1,300 1,300 226 400 (900) 2,100 2,100 2,100 1,575 2,100 0 901 6,600 6,600 1,138 11,400 4,800 222 0 0 1,271 0 0 0 0 30,000 1,478 0 (30,000) 77,563 167,600 197,600 94,796 212,534 14,934 0 0 0 (684)0 0 23,678 160,000 160,000 114,339 160,000 0 0 150,000 170,000 76,852 170,000 0 23,678 310,000 330,000 190,508 330,000 0 55,847 325,000 400,000 200,971 400,000 0 51 1,000 1,000 703 5,000 4,000 199 1,000 1,000 0 1,000 0 200 500 500 200 500 0 866 5,000 5,000 6,656 5,000 0 87 45,000 90,000 16,221 90,000 0 57,250 377,500 497,500 224,751 501,500 4,000 1,610 0 0 0 0 0 1,610 0 0 0 0 0 18,800 19,100 19,100 14,325 23,000 3,900 29,600 34,100 34,100 25,575 21,700 (12,400) 48,400 53,200 53,200 39,900 44,700 (8,500) 208,501 908,300 1,078,300 549,955 1,088,734 10,434 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 33 450 Department : 3003 - Recreation Programs & Special EventsPermanent Full Time57,834.00101-3003-50101100% - Management AssistantSalaries - Part Time105,900.00101-3003-5010250% Senior Recreation Leader (2) (50% Wellness Center Operations)50% Recreation Leader (8) (50% Wellness Center Operations)Community Experiences400,000.00101-3003-60149Anticipated events include 9/11 Vigil, Veteran's Day Celebration, Tree Lighting, Ironman, City Picnic, Art on Main, Summer Golf, Mission LQ Rocket Launch, Pillars of the Community, Brew in LQ, Concerts in the Park, and Soaring Over LQ Kite ExperienceRental Expense5,000.00101-3003-60157Special event insurances and security guards for eventsFritz Burns Pool Programming160,000.00101-3003-60184Pool operating contract servicesTravel & Training1,000.00101-3003-60320Park and recreation program training and certificationsMembership Dues500.00101-3003-60351Americans for ArtCalifornia Parks and Recreation Society (CPRS)CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET34451 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 6004 - Code Compliance/Animal Control 50 - Salaries and Benefits 444,988 553,000 553,000 381,358 569,976 16,976 3%101-6004-50101 Permanent Full Time 14,071 15,000 15,000 1,527 15,000 0 0%101-6004-50105 Salaries - Overtime 0 100 100 0 100 0 0%101-6004-50106 Standby 0 20 20 0 20 0 0%101-6004-50150 Other Compensation 43,849 55,500 55,500 37,326 51,800 (3,700)-7%101-6004-50200 PERS-City Portion 113,563 163,100 163,100 103,189 193,100 30,000 18%101-6004-50221 Medical Insurance 1,477 0 0 1,127 0 0 0%101-6004-50222 Vision Insurance 6,447 0 0 5,142 0 0 0%101-6004-50223 Dental Insurance 240 0 0 290 0 0 0%101-6004-50224 Life Insurance 2,001 3,400 3,400 2,112 3,600 200 6%101-6004-50225 Long Term Disability 13,700 16,300 16,300 12,225 16,300 0 0%101-6004-50230 Workers Comp Insurance 6,735 8,200 8,200 5,953 8,100 (100)-1%101-6004-50240 Social Security-Medicare 64 0 0 1,715 0 0 0%101-6004-50241 Social Security- FICA 1,032 0 0 27,666 0 0 0%101-6004-50251 Temporary 50 - Salaries and Benefits Totals:648,166 814,620 814,620 579,631 857,996 43,376 5% 60 - Contract Services 43,949 80,000 80,000 41,694 80,000 0 0%101-6004-60103 Professional Services 240 1,000 1,000 200 1,000 0 0%101-6004-60108 Technical 18,847 18,000 18,000 9,245 18,000 0 0%101-6004-60111 Administrative Citation Services 0 500 500 0 500 0 0%101-6004-60119 Vehicle Abatement 7,231 10,000 10,000 16,031 20,000 10,000 100%101-6004-60120 Lot Cleaning/Gravel Program 657 2,000 2,000 480 2,000 0 0%101-6004-60122 Credit Card Fees 0 0 0 20,595 0 0 0%101-6004-60125 Temporary Agency Services 7,500 12,000 12,000 1,500 12,000 0 0%101-6004-60194 Veterinary Service 187,146 285,000 285,000 172,619 300,000 15,000 5%101-6004-60197 Animal Shelter Contract Service 60 - Contract Services Totals:265,571 408,500 408,500 262,364 433,500 25,000 6% 62 - Maintenance & Operations 0 1,000 1,000 0 1,000 0 0%101-6004-60121 Low-Income Housing Grants (540)1,200 1,200 540 3,000 1,800 150%101-6004-60320 Travel & Training 475 600 600 570 800 200 33%101-6004-60351 Membership Dues 2,546 2,000 2,000 1,550 2,000 0 0%101-6004-60400 Office Supplies 3,811 6,000 6,000 0 6,000 0 0%101-6004-60410 Printing 234 1,500 1,500 1,132 3,000 1,500 100%101-6004-60425 Supplies - Field 2,054 3,000 3,000 1,037 4,500 1,500 50%101-6004-60690 Uniforms 62 - Maintenance & Operations Totals:8,580 15,300 15,300 4,829 20,300 5,000 33% 69 - Internal Service Charges 127,300 148,700 148,700 111,525 179,300 30,600 21%101-6004-98110 Information Tech Charges 88,700 119,200 119,200 89,400 172,900 53,700 45%101-6004-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:216,000 267,900 267,900 200,925 352,200 84,300 31% 6004 - Code Compliance/Animal Control Totals:1,138,317 1,506,320 1,506,320 1,047,750 1,663,996 157,676 10% 444,988 553,000 553,000 381,358 569,976 16,976 14,071 15,000 15,000 1,527 15,000 0 0 100 100 0 100 0 0 20 20 0 20 0 43,849 55,500 55,500 37,326 51,800 (3,700) 113,563 163,100 163,100 103,189 193,100 30,000 1,477 0 0 1,127 0 0 6,447 0 0 5,142 0 0 240 0 0 290 0 0 2,001 3,400 3,400 2,112 3,600 200 13,700 16,300 16,300 12,225 16,300 0 6,735 8,200 8,200 5,953 8,100 (100) 64 0 0 1,715 0 0 1,032 0 0 27,666 0 0 648,166 814,620 814,620 579,631 857,996 43,376 43,949 80,000 80,000 41,694 80,000 0 240 1,000 1,000 200 1,000 0 18,847 18,000 18,000 9,245 18,000 0 0 500 500 0 500 0 7,231 10,000 10,000 16,031 20,000 10,000 657 2,000 2,000 480 2,000 0 0 0 0 20,595 0 0 7,500 12,000 12,000 1,500 12,000 0 187,146 285,000 285,000 172,619 300,000 15,000 265,571 408,500 408,500 262,364 433,500 25,000 0 1,000 1,000 0 1,000 0 (540)1,200 1,200 540 3,000 1,800 475 600 600 570 800 200 2,546 2,000 2,000 1,550 2,000 0 3,811 6,000 6,000 0 6,000 0 234 1,500 1,500 1,132 3,000 1,500 2,054 3,000 3,000 1,037 4,500 1,500 8,580 15,300 15,300 4,829 20,300 5,000 127,300 148,700 148,700 111,525 179,300 30,600 88,700 119,200 119,200 89,400 172,900 53,700 216,000 267,900 267,900 200,925 352,200 84,300 1,138,317 1,506,320 1,506,320 1,047,750 1,663,996 157,676 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 35 452 Department : 6004 - Code Compliance/Animal ControlPermanent Full Time569,976.00101-6004-50101100% - Animal Control/Code Compliance Supervisor 100% - Code Compliance Officer II (4)100% - Code Compliance Officer I (2) 80% - Administrative Technician (20% Fire)Professional Services80,000.00101-6004-60103Short-term vacation rental hotline and vacation rentalcomplianceTechnical1,000.00101-6004-60108Riverside County recording fees for liensAdministrative Citation Service18,000.00101-6004-60111Data ticket processing of code compliance and police citationsTravel & Training3,000.00101-6004-60320Code Enforcement officer training eventsMembership Dues800.00101-6004-60351Annual memberships for Code Officers to CA Association ofCode Enforcement Officers (CACEO)Printing6,000.00101-6004-60410CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGETCommunity educational outreach36453 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 3005 - Parks Maintenance 50 - Salaries and Benefits 226,283 240,800 240,800 187,276 251,022 10,222 4%101-3005-50101 Permanent Full Time 1,252 700 700 210 700 0 0%101-3005-50105 Salaries - Overtime 6,930 3,500 3,500 5,278 5,500 2,000 57%101-3005-50106 Standby 20,364 4,000 4,000 19,043 20,000 16,000 400%101-3005-50107 Standby Overtime 0 0 0 10 300 300 0%101-3005-50150 Other Compensation 19,581 21,200 21,200 15,937 21,200 0 0%101-3005-50200 PERS-City Portion 56,628 73,200 73,200 45,153 86,700 13,500 18%101-3005-50221 Medical Insurance 802 0 0 551 0 0 0%101-3005-50222 Vision Insurance 4,874 0 0 2,863 0 0 0%101-3005-50223 Dental Insurance 123 0 0 126 0 0 0%101-3005-50224 Life Insurance 1,048 1,500 1,500 1,000 1,900 400 27%101-3005-50225 Long Term Disability 7,100 7,400 7,400 5,550 7,300 (100)-1%101-3005-50230 Workers Comp Insurance 3,696 3,600 3,600 3,071 3,600 0 0%101-3005-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:348,682 355,900 355,900 286,068 398,222 42,322 12% 60 - Contract Services 455,927 603,600 603,600 485,363 660,000 56,400 9%101-3005-60112 Landscape Contract 60 - Contract Services Totals:455,927 603,600 603,600 485,363 660,000 56,400 9% 62 - Maintenance & Operations 16,200 31,500 31,500 20,896 18,000 (13,500)-43%101-3005-60117 Civic Center Lake Maintenance 425 1,000 1,000 475 1,000 0 0%101-3005-60136 Lighting Service 94,431 60,000 60,000 67,246 66,000 6,000 10%101-3005-60184 Fritz Burns Pool Maintenance 0 30,000 30,000 12,150 18,000 (12,000)-40%101-3005-60189 SilverRock Lake Maintenance 1,349 3,000 3,000 1,400 5,000 2,000 67%101-3005-60320 Travel & Training 730 1,000 1,000 595 1,000 0 0%101-3005-60351 Membership Dues 989 1,000 1,000 98 1,000 0 0%101-3005-60400 Office Supplies 13,657 15,000 15,000 10,643 15,000 0 0%101-3005-60423 Supplies-Graffiti and Vandalism 588 1,000 1,000 767 1,200 200 20%101-3005-60427 Safety Gear 126,645 140,000 170,000 152,486 310,000 140,000 82%101-3005-60431 Materials/Supplies 3,780 3,000 3,000 4,694 5,000 2,000 67%101-3005-60432 Tools/Equipment 12,118 35,000 35,000 17,212 23,000 (12,000)-34%101-3005-60554 LQ Park Water Feature 3,500 10,000 10,000 3,200 10,000 0 0%101-3005-60557 Tree Maintenance 2,113 2,500 2,500 2,778 3,000 500 20%101-3005-60690 Uniforms 99,691 300,000 300,000 164,024 300,000 0 0%101-3005-60691 Maintenance/Services 62 - Maintenance & Operations Totals:376,216 634,000 664,000 458,663 777,200 113,200 17% 66 - Utilities 5,859 15,000 35,000 25,256 15,000 (20,000)-57%101-3005-61100 Gas-Utilities FB Pool 158 300 300 134 300 0 0%101-3005-61102 Electric - Monticello Park - Utilities 32,346 30,000 30,000 29,991 30,000 0 0%101-3005-61103 Electric - Civic Center Park - Utilities 0 100 100 0 100 0 0%101-3005-61104 Electric - Pioneer Park - Utilities 12,612 15,000 15,000 14,471 15,000 0 0%101-3005-61105 Electric - Fritz Burns Park - Utilities 0 40,000 40,000 36,990 40,000 0 0%101-3005-61106 Electric - Sports Complex - Utilities 853 5,000 5,000 4,671 5,000 0 0%101-3005-61108 Electric - Colonel Paige - Utilities 226,283 240,800 240,800 187,276 251,022 10,222 1,252 700 700 210 700 0 6,930 3,500 3,500 5,278 5,500 2,000 20,364 4,000 4,000 19,043 20,000 16,000 0 0 0 10 300 300 19,581 21,200 21,200 15,937 21,200 0 56,628 73,200 73,200 45,153 86,700 13,500 802 0 0 551 0 0 4,874 0 0 2,863 0 0 123 0 0 126 0 0 1,048 1,500 1,500 1,000 1,900 400 7,100 7,400 7,400 5,550 7,300 (100) 3,696 3,600 3,600 3,071 3,600 0 348,682 355,900 355,900 286,068 398,222 42,322 455,927 603,600 603,600 485,363 660,000 56,400 455,927 603,600 603,600 485,363 660,000 56,400 16,200 31,500 31,500 20,896 18,000 (13,500) 425 1,000 1,000 475 1,000 0 94,431 60,000 60,000 67,246 66,000 6,000 0 30,000 30,000 12,150 18,000 (12,000) 1,349 3,000 3,000 1,400 5,000 2,000 730 1,000 1,000 595 1,000 0 989 1,000 1,000 98 1,000 0 13,657 15,000 15,000 10,643 15,000 0 588 1,000 1,000 767 1,200 200 126,645 140,000 170,000 152,486 310,000 140,000 3,780 3,000 3,000 4,694 5,000 2,000 12,118 35,000 35,000 17,212 23,000 (12,000) 3,500 10,000 10,000 3,200 10,000 0 2,113 2,500 2,500 2,778 3,000 500 99,691 300,000 300,000 164,024 300,000 0 376,216 634,000 664,000 458,663 777,200 113,200 5,859 15,000 35,000 25,256 15,000 (20,000) 158 300 300 134 300 0 32,346 30,000 30,000 29,991 30,000 0 0 100 100 0 100 0 12,612 15,000 15,000 14,471 15,000 0 0 40,000 40,000 36,990 40,000 0 853 5,000 5,000 4,671 5,000 0 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 37 454 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 52,203 42,000 42,000 74,687 70,000 28,000 67%101-3005-61109 Electric - Community Park - Utilities 493 700 700 414 700 0 0%101-3005-61110 Electric - Adams Park - Utilities 162 200 200 139 200 0 0%101-3005-61111 Electric - Velasco Park - Utilities 277 350 350 258 350 0 0%101-3005-61113 Electric - Eisenhower Park - Utilities 158 250 250 134 250 0 0%101-3005-61114 Electric - Desert Pride - Utilities 7,532 25,000 25,000 27,972 25,000 0 0%101-3005-61115 Electric - SilverRock Event Site - Utilities 0 30,000 30,000 0 30,000 0 0%101-3005-61116 Electric - XPark Complex 23,282 25,000 25,000 15,005 30,000 5,000 20%101-3005-61201 Water -Monticello Park - Utilities 33,070 38,000 38,000 23,220 40,000 2,000 5%101-3005-61202 Water - Civic Center Park - Utilities 1,418 2,000 2,000 1,646 2,500 500 25%101-3005-61203 Water -Eisenhower Park - Utilities 26,772 26,000 26,000 20,767 30,000 4,000 15%101-3005-61204 Water -Fritz Burns Park - Utilities 1,532 1,300 1,300 1,979 2,000 700 54%101-3005-61205 Water -Velasco Park - Utilities 10,998 7,000 7,000 4,257 8,000 1,000 14%101-3005-61206 Water -Desert Pride - Utilities 10,919 13,000 13,000 6,288 15,000 2,000 15%101-3005-61207 Water -Pioneer Park - Utilities 227 300 300 255 500 200 67%101-3005-61208 Water -Seasons Park - Utilities 70,298 75,000 75,000 52,724 80,000 5,000 7%101-3005-61209 Water -Community Park - Utilities 0 50,000 50,000 0 55,000 5,000 10%101-3005-61211 Water - SilverRock Event Site 0 10,000 10,000 0 12,500 2,500 25%101-3005-61212 Water - XPark Complex 998 1,000 1,000 948 1,000 0 0%101-3005-61300 Telephone - Utilities 66 - Utilities Totals:292,167 452,500 472,500 342,207 508,400 35,900 8% 69 - Internal Service Charges 65,500 66,800 66,800 50,100 80,500 13,700 21%101-3005-98110 Information Tech Charges 200,000 350,000 350,000 262,500 450,000 100,000 29%101-3005-98130 Park Equipment Maintenance 43,700 68,100 68,100 51,075 172,900 104,800 154%101-3005-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:309,200 484,900 484,900 363,675 703,400 218,500 45% 3005 - Parks Maintenance Totals:1,782,193 2,530,900 2,580,900 1,935,976 3,047,222 466,322 18% 52,203 42,000 42,000 74,687 70,000 28,000 493 700 700 414 700 0 162 200 200 139 200 0 277 350 350 258 350 0 158 250 250 134 250 0 7,532 25,000 25,000 27,972 25,000 0 0 30,000 30,000 0 30,000 0 23,282 25,000 25,000 15,005 30,000 5,000 33,070 38,000 38,000 23,220 40,000 2,000 1,418 2,000 2,000 1,646 2,500 500 26,772 26,000 26,000 20,767 30,000 4,000 1,532 1,300 1,300 1,979 2,000 700 10,998 7,000 7,000 4,257 8,000 1,000 10,919 13,000 13,000 6,288 15,000 2,000 227 300 300 255 500 200 70,298 75,000 75,000 52,724 80,000 5,000 0 50,000 50,000 0 55,000 5,000 0 10,000 10,000 0 12,500 2,500 998 1,000 1,000 948 1,000 0 292,167 452,500 472,500 342,207 508,400 35,900 65,500 66,800 66,800 50,100 80,500 13,700 200,000 350,000 350,000 262,500 450,000 100,000 43,700 68,100 68,100 51,075 172,900 104,800 309,200 484,900 484,900 363,675 703,400 218,500 1,782,193 2,530,900 2,580,900 1,935,976 3,047,222 466,322 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 38 455 Department : 3005 - Parks MaintenancePermanent Full Time251,022.00101-3005-5010150% - Facilities Deputy Director (50% Public Buildings)50% - Parks/L&L Foreman (50% Lighting & Landscape Fund) 50% - Maintenance Worker II (50% Lighting & Landscape Fund)50% - Maintenance Worker I (3 total, 50% Lighting & Landscape Fund)50% - Management Analyst (50% Lighting & Landscape Fund)Landscape Contract660,000.00101-3005-60112Landscape contract services for all City Parks including the SilverRock event site and X-Park Fritz Burns Pool Maintenance66,000.00101-3005-60184Pool maintenance servicesTravel & Training5,000.00101-3005-60320Aquatic facility operator courseMaintenance agreement schoolPlayground certificationsMembership Dues1,000.00101-3005-60351AmountCA Parks & Recreation Association (CPRS)500National Park & Recreation Association (NPRA)500Maintenance/Services300,000.00101-3005-60691CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGETLandscape renovations, electrical and fence repairs, painting, tree removal and other landscape related maintenance and repairsPark Equipment Maintenance450,000.00101-3005-98130Funds are transferred to the Park Equipment & Facility InternalService Fund for park equipment replacements39456 THIS PAGE INTENTIONALLY LEFT BLANK 457 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 3008 - Public Buildings 50 - Salaries and Benefits 323,614 346,800 346,800 297,233 369,852 23,052 7%101-3008-50101 Permanent Full Time 213 0 0 344 0 0 0%101-3008-50105 Salaries - Overtime 9,423 6,000 6,000 7,834 8,000 2,000 33%101-3008-50106 Standby 10,057 4,400 4,400 13,605 15,000 10,600 241%101-3008-50107 Standby Overtime 482 500 500 403 500 0 0%101-3008-50150 Other Compensation 28,622 31,100 31,100 25,753 31,700 600 2%101-3008-50200 PERS-City Portion 70,832 94,100 94,100 64,551 111,400 17,300 18%101-3008-50221 Medical Insurance 1,289 0 0 1,037 0 0 0%101-3008-50222 Vision Insurance 4,743 0 0 4,353 0 0 0%101-3008-50223 Dental Insurance 157 0 0 196 0 0 0%101-3008-50224 Life Insurance 1,513 2,100 2,100 1,628 1,900 (200)-10%101-3008-50225 Long Term Disability 9,100 9,400 9,400 7,050 9,400 0 0%101-3008-50230 Workers Comp Insurance 5,039 5,200 5,200 4,662 5,300 100 2%101-3008-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:465,083 499,600 499,600 428,649 553,052 53,452 11% 60 - Contract Services 143,822 192,500 192,500 117,330 215,000 22,500 12%101-3008-60115 Janitorial 6,572 9,000 9,000 5,129 9,000 0 0%101-3008-60116 Pest Control 3,630 8,000 8,000 7,158 12,000 4,000 50%101-3008-60123 Security & Alarm 5,184 6,000 6,000 3,895 6,000 0 0%101-3008-60196 Annual Permits/Inspections 60 - Contract Services Totals:159,208 215,500 215,500 133,512 242,000 26,500 12% 62 - Maintenance & Operations 325 1,000 1,000 85 2,000 1,000 100%101-3008-60320 Travel & Training 857 1,000 1,000 935 1,200 200 20%101-3008-60427 Safety Gear 31,070 35,000 35,000 26,890 35,000 0 0%101-3008-60431 Materials/Supplies 8,383 8,000 8,000 1,792 8,000 0 0%101-3008-60432 Tools/Equipment 0 500 500 385 500 0 0%101-3008-60481 Office Supplies 647 0 0 0 0 0 0%101-3008-60664 Fire Extinguisher 40,820 70,000 70,000 68,787 70,000 0 0%101-3008-60667 HVAC 989 1,500 1,500 1,460 1,700 200 13%101-3008-60690 Uniforms 30,967 60,000 60,000 38,326 60,000 0 0%101-3008-60691 Maintenance/Services 1,100 1,100 1,100 0 1,100 0 0%101-3008-61702 Facility Rent 62 - Maintenance & Operations Totals:115,158 178,100 178,100 138,659 179,500 1,400 1% 66 - Utilities 5,139 7,000 7,000 9,066 8,500 1,500 21%101-3008-61100 Gas - Utilities 131,862 140,000 140,000 146,851 140,000 0 0%101-3008-61101 Electricity - Utilities 8,363 9,000 9,000 7,776 10,000 1,000 11%101-3008-61200 Water - Utilities 66 - Utilities Totals:145,363 156,000 156,000 163,694 158,500 2,500 2% 69 - Internal Service Charges 62,000 67,000 67,000 50,250 67,000 0 0%101-3008-91842 Liability Insurance & Claims 84,300 85,800 85,800 64,350 103,500 17,700 21%101-3008-98110 Information Tech Charges 88,700 119,200 119,200 89,400 86,500 (32,700)-27%101-3008-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:235,000 272,000 272,000 204,000 257,000 (15,000)-6% 323,614 346,800 346,800 297,233 369,852 23,052 213 0 0 344 0 0 9,423 6,000 6,000 7,834 8,000 2,000 10,057 4,400 4,400 13,605 15,000 10,600 482 500 500 403 500 0 28,622 31,100 31,100 25,753 31,700 600 70,832 94,100 94,100 64,551 111,400 17,300 1,289 0 0 1,037 0 0 4,743 0 0 4,353 0 0 157 0 0 196 0 0 1,513 2,100 2,100 1,628 1,900 (200) 9,100 9,400 9,400 7,050 9,400 0 5,039 5,200 5,200 4,662 5,300 100 465,083 499,600 499,600 428,649 553,052 53,452 143,822 192,500 192,500 117,330 215,000 22,500 6,572 9,000 9,000 5,129 9,000 0 3,630 8,000 8,000 7,158 12,000 4,000 5,184 6,000 6,000 3,895 6,000 0 159,208 215,500 215,500 133,512 242,000 26,500 325 1,000 1,000 85 2,000 1,000 857 1,000 1,000 935 1,200 200 31,070 35,000 35,000 26,890 35,000 0 8,383 8,000 8,000 1,792 8,000 0 0 500 500 385 500 0 647 0 0 0 0 0 40,820 70,000 70,000 68,787 70,000 0 989 1,500 1,500 1,460 1,700 200 30,967 60,000 60,000 38,326 60,000 0 1,100 1,100 1,100 0 1,100 0 115,158 178,100 178,100 138,659 179,500 1,400 5,139 7,000 7,000 9,066 8,500 1,500 131,862 140,000 140,000 146,851 140,000 0 8,363 9,000 9,000 7,776 10,000 1,000 145,363 156,000 156,000 163,694 158,500 2,500 62,000 67,000 67,000 50,250 67,000 0 84,300 85,800 85,800 64,350 103,500 17,700 88,700 119,200 119,200 89,400 86,500 (32,700) 235,000 272,000 272,000 204,000 257,000 (15,000) CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 40 458 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 3008 - Public Buildings Totals:1,119,812 1,321,200 1,321,200 1,068,515 1,390,052 68,852 5%1,119,812 1,321,200 1,321,200 1,068,515 1,390,052 68,852 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 41 459 Department : 3008 - Public BuildingsPermanent Full Time369,852.00101-3008-50101 50% - Facilities Deputy Director (50% Parks Maintenance)100% - Management Analyst 100% - Maintenance and Operations Technician100% - Maintenance and Operations Coordinator100% - Maintenance Worker IJanitorial215,000.00101-3008-60115Janitorial services for all public buildings including parksTravel & Training2,000.00101-3008-60320HVAC trainingHVAC70,000.00101-3008-60667For all public buildings including City Hall, Fritz Burns Pool, La Quinta Park, Maintenance Yard, Public Works Office, Sports Complex, and Wellness CenterMaintenance/Services60,000.00101-3008-60691Public building repairs and maintenanceFacility Rent1,100.00101-3008-61702Finance Authority requires an annual State Controller's Report.The 1996 Civic Center Bond was paid off in October 2018. CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET42460 THIS PAGE INTENTIONALLY LEFT BLANK 461 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 7001 - Public Works Administration 50 - Salaries and Benefits 325,360 368,800 368,800 282,890 390,762 21,962 6%101-7001-50101 Permanent Full Time 1,772 500 500 1,226 500 0 0%101-7001-50150 Other Compensation 31,836 36,400 36,400 27,727 37,000 600 2%101-7001-50200 PERS-City Portion 52,456 83,700 83,700 49,796 99,000 15,300 18%101-7001-50221 Medical Insurance 1,003 0 0 781 0 0 0%101-7001-50222 Vision Insurance 5,901 0 0 3,572 0 0 0%101-7001-50223 Dental Insurance 227 0 0 207 0 0 0%101-7001-50224 Life Insurance 1,302 1,800 1,800 1,463 2,100 300 17%101-7001-50225 Long Term Disability 8,100 8,400 8,400 6,300 8,400 0 0%101-7001-50230 Workers Comp Insurance 4,761 5,500 5,500 4,138 5,600 100 2%101-7001-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:432,718 505,100 505,100 378,100 543,362 38,262 8% 60 - Contract Services 1,254 150,000 150,000 0 150,000 0 0%101-7001-60104 Consultants 60 - Contract Services Totals:1,254 150,000 150,000 0 150,000 0 0% 62 - Maintenance & Operations 0 5,000 5,000 2,227 5,000 0 0%101-7001-60320 Travel & Training 0 500 500 1,350 1,500 1,000 200%101-7001-60351 Membership Dues 553 2,000 2,000 536 2,000 0 0%101-7001-60400 Office Supplies 41 1,000 1,000 271 1,000 0 0%101-7001-60420 Operating Supplies 62 - Maintenance & Operations Totals:594 8,500 8,500 4,384 9,500 1,000 12% 69 - Internal Service Charges 74,900 76,300 76,300 57,225 92,000 15,700 21%101-7001-98110 Information Tech Charges 69 - Internal Service Charges Totals:74,900 76,300 76,300 57,225 92,000 15,700 21% 7001 - Public Works Administration Totals:509,466 739,900 739,900 439,709 794,862 54,962 7% 325,360 368,800 368,800 282,890 390,762 21,962 1,772 500 500 1,226 500 0 31,836 36,400 36,400 27,727 37,000 600 52,456 83,700 83,700 49,796 99,000 15,300 1,003 0 0 781 0 0 5,901 0 0 3,572 0 0 227 0 0 207 0 0 1,302 1,800 1,800 1,463 2,100 300 8,100 8,400 8,400 6,300 8,400 0 4,761 5,500 5,500 4,138 5,600 100 432,718 505,100 505,100 378,100 543,362 38,262 1,254 150,000 150,000 0 150,000 0 1,254 150,000 150,000 0 150,000 0 0 5,000 5,000 2,227 5,000 0 0 500 500 1,350 1,500 1,000 553 2,000 2,000 536 2,000 0 41 1,000 1,000 271 1,000 0 594 8,500 8,500 4,384 9,500 1,000 74,900 76,300 76,300 57,225 92,000 15,700 74,900 76,300 76,300 57,225 92,000 15,700 509,466 739,900 739,900 439,709 794,862 54,962 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 43 462 Department : 7001 - Public Works AdministrationPermanent Full Time390,762.00101-7001-50101100% - Public Works Director/City Engineer100% - Management Analyst100% - Management Assistant 100% - Administrative Assistant Consultants150,000.00101-7001-60104Professional services and on-call electrical servicesTravel & Training5,000.00101-7001-60320Certification trainingsMembership Dues1,500.00101-7001-60351American Public Works Association (APWA)American Traffic Safety Services Association (ATSSA)CITY OF LA QUINTAGENERAL FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET44463 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 7002 - Public Works Development Services 50 - Salaries and Benefits 111,301 118,100 118,100 101,909 125,460 7,360 6%101-7002-50101 Permanent Full Time 482 0 0 403 0 0 0%101-7002-50150 Other Compensation 13,752 14,700 14,700 12,433 15,100 400 3%101-7002-50200 PERS-City Portion 11,990 21,000 21,000 6,377 24,800 3,800 18%101-7002-50221 Medical Insurance 103 0 0 39 0 0 0%101-7002-50222 Vision Insurance 620 0 0 235 0 0 0%101-7002-50223 Dental Insurance 35 0 0 44 0 0 0%101-7002-50224 Life Insurance 496 600 600 542 800 200 33%101-7002-50225 Long Term Disability 2,100 2,100 2,100 1,575 2,100 0 0%101-7002-50230 Workers Comp Insurance 1,614 1,800 1,800 1,505 1,800 0 0%101-7002-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:142,493 158,300 158,300 125,062 170,060 11,760 7% 60 - Contract Services 55,100 85,000 85,000 16,996 95,000 10,000 12%101-7002-60103 Professional Services 3,500 5,000 5,000 3,500 5,000 0 0%101-7002-60104 Consultants 104,358 110,000 125,000 71,488 150,000 25,000 20%101-7002-60183 Map/Plan Checking 60 - Contract Services Totals:162,958 200,000 215,000 91,984 250,000 35,000 16% 62 - Maintenance & Operations 0 1,000 1,000 0 1,000 0 0%101-7002-60320 Travel & Training 0 500 500 0 500 0 0%101-7002-60351 Membership Dues 0 500 500 0 500 0 0%101-7002-60420 Operating Supplies 1,044 700 2,700 1,960 3,000 300 11%101-7002-60450 Advertising 62 - Maintenance & Operations Totals:1,044 2,700 4,700 1,960 5,000 300 6% 69 - Internal Service Charges 18,800 19,100 19,100 14,325 23,000 3,900 20%101-7002-98110 Information Tech Charges 29,600 51,100 51,100 38,325 64,900 13,800 27%101-7002-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:48,400 70,200 70,200 52,650 87,900 17,700 25% 7002 - Public Works Development Services Totals:354,895 431,200 448,200 271,656 512,960 64,760 14% 111,301 118,100 118,100 101,909 125,460 7,360 482 0 0 403 0 0 13,752 14,700 14,700 12,433 15,100 400 11,990 21,000 21,000 6,377 24,800 3,800 103 0 0 39 0 0 620 0 0 235 0 0 35 0 0 44 0 0 496 600 600 542 800 200 2,100 2,100 2,100 1,575 2,100 0 1,614 1,800 1,800 1,505 1,800 0 142,493 158,300 158,300 125,062 170,060 11,760 55,100 85,000 85,000 16,996 95,000 10,000 3,500 5,000 5,000 3,500 5,000 0 104,358 110,000 125,000 71,488 150,000 25,000 162,958 200,000 215,000 91,984 250,000 35,000 0 1,000 1,000 0 1,000 0 0 500 500 0 500 0 0 500 500 0 500 0 1,044 700 2,700 1,960 3,000 300 1,044 2,700 4,700 1,960 5,000 300 18,800 19,100 19,100 14,325 23,000 3,900 29,600 51,100 51,100 38,325 64,900 13,800 48,400 70,200 70,200 52,650 87,900 17,700 354,895 431,200 448,200 271,656 512,960 64,760 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 45 464 Department : 7002 - Public Works Development ServicesPermanent Full Time125,460.00101-7002-50101100% - Associate EngineerProfessional Services95,000.00101-7002-60103AmountNational Pollution Discharge Elimination Systems65,000Stormwater Commercial/Restaurant State Mandate30,000Consultants5,000.00101-7002-60104AmountProject consulting services5,000Map/Plan Checking150,000.00101-7002-60183On-call map checking and engineering civil plan check servicesTravel & Training1,000.00101-7002-60320For various training events including: Desert Valley BuildersAssociation meetings, American Public Works Association, professional engineering review courses, and water quality/flood seminarsMembership Dues500.00101-7002-60351AmountBoard of Civil Engineers license300Other professional organizations200Advertising3,000.00101-7002-60450Public hearing noticesCITY OF LA QUINTAGENERAL FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET46465 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 7003 - Streets 50 - Salaries and Benefits 207,493 223,200 223,200 161,913 248,268 25,068 11%101-7003-50101 Permanent Full Time 23 0 0 547 0 0 0%101-7003-50105 Salaries - Overtime 7,585 7,000 7,000 5,722 9,000 2,000 29%101-7003-50106 Standby 90 2,700 2,700 2,766 1,000 (1,700)-63%101-7003-50107 Standby Overtime 906 1,000 1,000 403 500 (500)-50%101-7003-50150 Other Compensation 19,990 22,100 22,100 15,791 18,200 (3,900)-18%101-7003-50200 PERS-City Portion 44,425 62,800 62,800 32,212 74,300 11,500 18%101-7003-50221 Medical Insurance 560 0 0 360 0 0 0%101-7003-50222 Vision Insurance 2,444 0 0 2,041 0 0 0%101-7003-50223 Dental Insurance 101 0 0 116 0 0 0%101-7003-50224 Life Insurance 947 1,300 1,300 874 1,600 300 23%101-7003-50225 Long Term Disability 6,100 6,300 6,300 4,725 6,300 0 0%101-7003-50230 Workers Comp Insurance 3,120 2,000 2,000 2,473 3,600 1,600 80%101-7003-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:293,784 328,400 328,400 229,943 362,768 34,368 10% 60 - Contract Services 45,650 70,000 70,000 0 250,000 180,000 257%101-7003-60103 Professional Services 12,739 10,000 10,000 7,849 10,000 0 0%101-7003-60120 Street Cleaning/Accidents 60 - Contract Services Totals:58,389 80,000 80,000 7,849 260,000 180,000 225% 62 - Maintenance & Operations 2,450 4,000 6,000 465 10,000 4,000 67%101-7003-60320 Travel & Training 400 500 500 412 500 0 0%101-7003-60351 Membership Dues 282 500 500 59 500 0 0%101-7003-60400 Office Supplies 7,669 6,000 6,000 8,941 10,000 4,000 67%101-7003-60420 Operating Supplies 6,568 15,000 15,000 12,649 37,000 22,000 147%101-7003-60432 Tools/Equipment 62 - Maintenance & Operations Totals:17,369 26,000 28,000 22,527 58,000 30,000 107% 64 - Other Expenses 0 5,000 5,000 0 5,000 0 0%101-7003-60510 Signal Knockdowns, Contingency 64 - Other Expenses Totals:0 5,000 5,000 0 5,000 0 0% 68 - Capital Expenses 11,257 0 0 0 0 0 0%101-7003-80100 Machinery & Equipment 68 - Capital Expenses Totals:11,257 0 0 0 0 0 0% 69 - Internal Service Charges 56,200 57,200 57,200 42,900 69,000 11,800 21%101-7003-98110 Information Tech Charges 69 - Internal Service Charges Totals:56,200 57,200 57,200 42,900 69,000 11,800 21% 7003 - Streets Totals:437,000 496,600 498,600 303,219 754,768 256,168 51% 207,493 223,200 223,200 161,913 248,268 25,068 23 0 0 547 0 0 7,585 7,000 7,000 5,722 9,000 2,000 90 2,700 2,700 2,766 1,000 (1,700) 906 1,000 1,000 403 500 (500) 19,990 22,100 22,100 15,791 18,200 (3,900) 44,425 62,800 62,800 32,212 74,300 11,500 560 0 0 360 0 0 2,444 0 0 2,041 0 0 101 0 0 116 0 0 947 1,300 1,300 874 1,600 300 6,100 6,300 6,300 4,725 6,300 0 3,120 2,000 2,000 2,473 3,600 1,600 293,784 328,400 328,400 229,943 362,768 34,368 45,650 70,000 70,000 0 250,000 180,000 12,739 10,000 10,000 7,849 10,000 0 58,389 80,000 80,000 7,849 260,000 180,000 2,450 4,000 6,000 465 10,000 4,000 400 500 500 412 500 0 282 500 500 59 500 0 7,669 6,000 6,000 8,941 10,000 4,000 6,568 15,000 15,000 12,649 37,000 22,000 17,369 26,000 28,000 22,527 58,000 30,000 0 5,000 5,000 0 5,000 0 0 5,000 5,000 0 5,000 0 11,257 0 0 0 0 0 11,257 0 0 0 0 0 56,200 57,200 57,200 42,900 69,000 11,800 56,200 57,200 57,200 42,900 69,000 11,800 437,000 496,600 498,600 303,219 754,768 256,168 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 47 466 Department : 7003 - StreetsPermanent Full Time248,268.00101-7003-50101100% - Traffic Operations Analyst100% - Traffic Signal Technician (2)Professional Services250,000.00101-7003-60103Street division support services and unanticipated repairs suchas sidewalks, sinkholes, asphalt, and drainage channels. Travel & Training10,000.00101-7003-60320Onsite hearing tests and American Traffic Safety Services AssociationClass B commercial and equipment operator certificationMembership Dues500.00101-7003-60351CA Park and RecreationsAmerican Traffic Safety Services Association (ATSSA)Signal Knockdowns, Contingen5,000.00101-7003-60510For traffic signal repairs due to accidentsCITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET48467 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 7006 - Engineering Services 50 - Salaries and Benefits 220,144 232,800 232,800 201,072 237,456 4,656 2%101-7006-50101 Permanent Full Time 663 0 0 0 0 0 0%101-7006-50105 Salaries - Overtime 9,012 9,000 9,000 7,210 9,000 0 0%101-7006-50106 Standby 0 1,000 1,000 0 1,000 0 0%101-7006-50107 Standby Overtime 533 500 500 403 500 0 0%101-7006-50150 Other Compensation 16,591 18,000 18,000 14,944 18,000 0 0%101-7006-50200 PERS-City Portion 37,980 62,800 62,800 38,441 74,300 11,500 18%101-7006-50221 Medical Insurance 593 0 0 507 0 0 0%101-7006-50222 Vision Insurance 3,883 0 0 3,029 0 0 0%101-7006-50223 Dental Insurance 105 0 0 130 0 0 0%101-7006-50224 Life Insurance 1,025 1,400 1,400 1,103 1,400 0 0%101-7006-50225 Long Term Disability 6,100 6,300 6,300 4,725 6,300 0 0%101-7006-50230 Workers Comp Insurance 3,376 3,500 3,500 3,056 3,500 0 0%101-7006-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:300,006 335,300 335,300 274,621 351,456 16,156 5% 60 - Contract Services 16,499 10,000 25,000 12,258 210,000 185,000 740%101-7006-60103 Professional Services 21,088 60,000 60,000 12,798 60,000 0 0%101-7006-60104 Consultants 121,694 200,000 200,000 88,055 200,000 0 0%101-7006-60144 Contract Traffic Engineer 0 20,000 20,000 0 20,000 0 0%101-7006-60145 Traffic Counts/Studies 117,430 70,000 70,000 5,649 100,000 30,000 43%101-7006-60146 PM 10 - Dust Control 60 - Contract Services Totals:276,711 360,000 375,000 118,759 590,000 215,000 57% 62 - Maintenance & Operations 4,338 5,000 5,000 2,268 5,000 0 0%101-7006-60320 Travel & Training 0 1,100 1,100 475 1,100 0 0%101-7006-60351 Membership Dues 0 200 200 0 200 0 0%101-7006-60352 Subscriptions & Publications 1,013 1,000 2,000 1,736 1,000 (1,000)-50%101-7006-60420 Operating Supplies 729 1,000 1,000 884 1,000 0 0%101-7006-60427 Safety Gear 1,739 1,000 1,000 1,231 2,000 1,000 100%101-7006-60690 Uniforms 62 - Maintenance & Operations Totals:7,820 9,300 10,300 6,594 10,300 0 0% 64 - Other Expenses 0 0 324,100 0 0 (324,100)-100%101-7006-60480 Contributions to Other Agencies 64 - Other Expenses Totals:0 0 324,100 0 0 (324,100)-100% 69 - Internal Service Charges 56,200 57,200 57,200 42,900 69,000 11,800 21%101-7006-98110 Information Tech Charges 69 - Internal Service Charges Totals:56,200 57,200 57,200 42,900 69,000 11,800 21% 7006 - Engineering Services Totals:640,737 761,800 1,101,900 442,873 1,020,756 (81,144)-7% 220,144 232,800 232,800 201,072 237,456 4,656 663 0 0 0 0 0 9,012 9,000 9,000 7,210 9,000 0 0 1,000 1,000 0 1,000 0 533 500 500 403 500 0 16,591 18,000 18,000 14,944 18,000 0 37,980 62,800 62,800 38,441 74,300 11,500 593 0 0 507 0 0 3,883 0 0 3,029 0 0 105 0 0 130 0 0 1,025 1,400 1,400 1,103 1,400 0 6,100 6,300 6,300 4,725 6,300 0 3,376 3,500 3,500 3,056 3,500 0 300,006 335,300 335,300 274,621 351,456 16,156 16,499 10,000 25,000 12,258 210,000 185,000 21,088 60,000 60,000 12,798 60,000 0 121,694 200,000 200,000 88,055 200,000 0 0 20,000 20,000 0 20,000 0 117,430 70,000 70,000 5,649 100,000 30,000 276,711 360,000 375,000 118,759 590,000 215,000 4,338 5,000 5,000 2,268 5,000 0 0 1,100 1,100 475 1,100 0 0 200 200 0 200 0 1,013 1,000 2,000 1,736 1,000 (1,000) 729 1,000 1,000 884 1,000 0 1,739 1,000 1,000 1,231 2,000 1,000 7,820 9,300 10,300 6,594 10,300 0 0 0 324,100 0 0 (324,100) 0 0 324,100 0 0 (324,100) 56,200 57,200 57,200 42,900 69,000 11,800 56,200 57,200 57,200 42,900 69,000 11,800 640,737 761,800 1,101,900 442,873 1,020,756 (81,144) CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 49 468 Department : 7006 - Engineering ServicesPermanent Full Time237,456.00101-7006-50101100% - Assistant Construction Manager100% - Construction Inspector (2)Professional Services210,000.00101-7006-60103Replacement of street name signsConsultants60,000.00101-7006-60104AmountProject design services60,000PM 10 - Dust Control100,000.00101-7006-60146Vacant city land dust control - near SilverRock and on Highway 111 next to the Marriott HotelTravel & Training5,000.00101-7006-60320AmountCoachella Valley APWA meetings300Geographic Information Systems training2,000International Signal Association cert training1,000National Pollutant Discharge Elimination System1,700Membership Dues1,100.00101-7006-60351AmountAmerican Public Works Association (APWA)500American Society of Civil Engineers (ASCE)300Institute of Transportation Engineers (ITE)300Subscriptions & Publications200.00101-7006-60352Subdivision map act booksCITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET50469 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 6001 - Design & Development Administration 50 - Salaries and Benefits 294,856 274,400 274,400 269,650 286,824 12,424 5%101-6001-50101 Permanent Full Time 34 0 0 0 0 0 0%101-6001-50105 Salaries - Overtime 6,500 8,400 8,400 8,300 8,400 0 0%101-6001-50110 Commissions & Boards 880 500 500 1,208 500 0 0%101-6001-50150 Other Compensation 23,372 25,500 25,500 24,130 25,700 200 1%101-6001-50200 PERS-City Portion 50,988 62,800 62,800 60,701 74,300 11,500 18%101-6001-50221 Medical Insurance 573 0 0 622 0 0 0%101-6001-50222 Vision Insurance 3,164 0 0 2,589 0 0 0%101-6001-50223 Dental Insurance 148 0 0 194 0 0 0%101-6001-50224 Life Insurance 942 1,300 1,300 1,383 1,600 300 23%101-6001-50225 Long Term Disability 6,100 6,300 6,300 4,725 6,300 0 0%101-6001-50230 Workers Comp Insurance 4,370 4,300 4,300 4,030 4,400 100 2%101-6001-50240 Social Security-Medicare 391 0 0 477 0 0 0%101-6001-50241 Social Security-FICA 50 - Salaries and Benefits Totals:392,319 383,500 383,500 378,010 408,024 24,524 6% 60 - Contract Services 0 10,000 10,000 0 10,000 0 0%101-6001-60104 Consultants 130,192 110,000 150,000 144,514 150,000 0 0%101-6001-60122 Credit Card Fees 60 - Contract Services Totals:130,192 120,000 160,000 144,514 160,000 0 0% 62 - Maintenance & Operations 0 4,000 4,000 280 5,000 1,000 25%101-6001-60320 Travel & Training 130 200 200 440 600 400 200%101-6001-60351 Membership Dues 570 700 700 100 700 0 0%101-6001-60352 Subscriptions & Publications 648 3,000 3,000 106 3,000 0 0%101-6001-60400 Office Supplies 0 400 400 0 400 0 0%101-6001-60410 Printing 405 1,000 1,000 421 1,000 0 0%101-6001-60420 Operating Supplies 0 1,000 1,000 840 1,000 0 0%101-6001-60450 Advertising 62 - Maintenance & Operations Totals:1,753 10,300 10,300 2,186 11,700 1,400 14% 69 - Internal Service Charges 56,200 57,200 57,200 42,900 69,000 11,800 21%101-6001-98110 Information Tech Charges 59,100 85,200 85,200 63,900 108,100 22,900 27%101-6001-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:115,300 142,400 142,400 106,800 177,100 34,700 24% 6001 - Design & Development Administration Totals:639,565 656,200 696,200 631,510 756,824 60,624 9% 294,856 274,400 274,400 269,650 286,824 12,424 34 0 0 0 0 0 6,500 8,400 8,400 8,300 8,400 0 880 500 500 1,208 500 0 23,372 25,500 25,500 24,130 25,700 200 50,988 62,800 62,800 60,701 74,300 11,500 573 0 0 622 0 0 3,164 0 0 2,589 0 0 148 0 0 194 0 0 942 1,300 1,300 1,383 1,600 300 6,100 6,300 6,300 4,725 6,300 0 4,370 4,300 4,300 4,030 4,400 100 391 0 0 477 0 0 392,319 383,500 383,500 378,010 408,024 24,524 0 10,000 10,000 0 10,000 0 130,192 110,000 150,000 144,514 150,000 0 130,192 120,000 160,000 144,514 160,000 0 0 4,000 4,000 280 5,000 1,000 130 200 200 440 600 400 570 700 700 100 700 0 648 3,000 3,000 106 3,000 0 0 400 400 0 400 0 405 1,000 1,000 421 1,000 0 0 1,000 1,000 840 1,000 0 1,753 10,300 10,300 2,186 11,700 1,400 56,200 57,200 57,200 42,900 69,000 11,800 59,100 85,200 85,200 63,900 108,100 22,900 115,300 142,400 142,400 106,800 177,100 34,700 639,565 656,200 696,200 631,510 756,824 60,624 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 51 470 Department : 6001 - Design & Development AdministrationPermanent Full Time286,824.00101-6001-50101100% - Design & Development Director100% - Administrative Assistant100% - Administrative Technician Consultants10,000.00101-6001-60104AmountDisadvantaged Business Enterprise Program5,000Studies and predesign for projects5,000Travel & Training5,000.00101-6001-60320AmountAmerican Planning Association (APA) Conference2,500Staff professional development2,500Membership Dues600.00101-6001-60351AmountAmerican Public Works Association (APWA)600Subscriptions & Publications700.00101-6001-60352The Desert SunPrinting400.00101-6001-60410Materials for community eventsAdvertising1,000.00101-6001-60450Public noticing requirementsCITY OF LA QUINTAGENERAL FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET52471 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 6002 - Planning 50 - Salaries and Benefits 274,407 294,800 294,800 251,395 317,730 22,930 8%101-6002-50101 Permanent Full Time 1,445 0 0 1,208 0 0 0%101-6002-50150 Other Compensation 21,097 22,800 22,800 19,048 23,300 500 2%101-6002-50200 PERS-City Portion 43,730 62,800 62,800 33,932 74,300 11,500 18%101-6002-50221 Medical Insurance 582 0 0 470 0 0 0%101-6002-50222 Vision Insurance 2,896 0 0 1,774 0 0 0%101-6002-50223 Dental Insurance 105 0 0 130 0 0 0%101-6002-50224 Life Insurance 1,270 1,700 1,700 1,381 2,000 300 18%101-6002-50225 Long Term Disability 6,100 6,300 6,300 4,725 6,300 0 0%101-6002-50230 Workers Comp Insurance 3,979 4,400 4,400 3,672 4,600 200 5%101-6002-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:355,610 392,800 392,800 317,737 428,230 35,430 9% 60 - Contract Services 76,097 210,000 210,000 13,842 160,000 (50,000)-24%101-6002-60103 Professional Services 17,050 0 0 49,822 65,000 65,000 0%101-6002-60125 Temporary Agency Services 60 - Contract Services Totals:93,147 210,000 210,000 63,664 225,000 15,000 7% 62 - Maintenance & Operations 3,437 8,000 8,000 852 14,000 6,000 75%101-6002-60320 Travel & Training 375 500 500 375 500 0 0%101-6002-60351 Membership Dues 0 100 100 299 100 0 0%101-6002-60352 Subscriptions & Publications 11,314 10,000 10,000 6,902 8,000 (2,000)-20%101-6002-60450 Advertising 62 - Maintenance & Operations Totals:15,126 18,600 18,600 8,428 22,600 4,000 22% 69 - Internal Service Charges 56,200 57,200 57,200 42,900 69,000 11,800 21%101-6002-98110 Information Tech Charges 69 - Internal Service Charges Totals:56,200 57,200 57,200 42,900 69,000 11,800 21% 6002 - Planning Totals:520,082 678,600 678,600 432,729 744,830 66,230 10% 274,407 294,800 294,800 251,395 317,730 22,930 1,445 0 0 1,208 0 0 21,097 22,800 22,800 19,048 23,300 500 43,730 62,800 62,800 33,932 74,300 11,500 582 0 0 470 0 0 2,896 0 0 1,774 0 0 105 0 0 130 0 0 1,270 1,700 1,700 1,381 2,000 300 6,100 6,300 6,300 4,725 6,300 0 3,979 4,400 4,400 3,672 4,600 200 355,610 392,800 392,800 317,737 428,230 35,430 76,097 210,000 210,000 13,842 160,000 (50,000) 17,050 0 0 49,822 65,000 65,000 93,147 210,000 210,000 63,664 225,000 15,000 3,437 8,000 8,000 852 14,000 6,000 375 500 500 375 500 0 0 100 100 299 100 0 11,314 10,000 10,000 6,902 8,000 (2,000) 15,126 18,600 18,600 8,428 22,600 4,000 56,200 57,200 57,200 42,900 69,000 11,800 56,200 57,200 57,200 42,900 69,000 11,800 520,082 678,600 678,600 432,729 744,830 66,230 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 53 472 Department : 6002 - PlanningPermanent Full Time317,730.00101-6002-50101100% - Planning Manager100% - Senior Planner100% - Associate PlannerProfessional Services160,000.00101-6002-60103Professional planningEnvironmental servicesSpecific plan amendmentsGIS consulting servicesHistorical Survey Temporary Agency Services65,000.00101-6002-60125Travel & Training14,000.00101-6002-60320AmountAmerican Planning Association (APA) Conference6,000Planning Commissioners Academy- League of Cities6,000Staff professional development2,000Membership Dues500.00101-6002-60351AmountAmerican Planning Association (APA)500Subscriptions & Publications100.00101-6002-60352International Cost Engineering Council - CEQA booksAdvertising8,000.00101-6002-60450Planning hearing noticesOutreach workshopsCITY OF LA QUINTAGENERAL FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET54473 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 6003 - Building 50 - Salaries and Benefits 318,855 388,500 413,500 308,343 492,762 79,262 19%101-6003-50101 Permanent Full Time 2,255 10,000 10,000 6,453 15,000 5,000 50%101-6003-50105 Salaries - Overtime 1,926 2,000 2,000 1,611 2,900 900 45%101-6003-50150 Other Compensation 28,730 35,000 35,000 27,158 41,500 6,500 19%101-6003-50200 PERS-City Portion 74,943 104,600 104,600 72,947 148,500 43,900 42%101-6003-50221 Medical Insurance 1,103 0 0 887 0 0 0%101-6003-50222 Vision Insurance 4,289 0 0 4,262 0 0 0%101-6003-50223 Dental Insurance 148 0 0 187 0 0 0%101-6003-50224 Life Insurance 1,481 2,400 2,400 1,666 3,100 700 29%101-6003-50225 Long Term Disability 10,100 10,500 10,500 7,875 12,500 2,000 19%101-6003-50230 Workers Comp Insurance 5,159 5,800 5,800 4,838 7,100 1,300 22%101-6003-50240 Social Security-Medicare 2,151 0 0 1,170 0 0 0%101-6003-50241 Social Security-FICA 34,688 50,000 50,000 18,866 0 (50,000)-100%101-6003-50251 Temporary 50 - Salaries and Benefits Totals:485,828 608,800 633,800 456,261 723,362 89,562 14% 60 - Contract Services 92,067 140,000 290,000 147,278 290,000 0 0%101-6003-60118 Plan Checks 60 - Contract Services Totals:92,067 140,000 290,000 147,278 290,000 0 0% 62 - Maintenance & Operations 629 3,000 3,000 1,681 3,000 0 0%101-6003-60320 Travel & Training 215 700 700 215 700 0 0%101-6003-60351 Membership Dues 100 200 200 0 3,000 2,800 1,400%101-6003-60352 Subscriptions & Publications 0 600 600 0 600 0 0%101-6003-60420 Operating Supplies 37 1,000 1,000 0 1,000 0 0%101-6003-60425 Supplies - Field 1,121 2,000 2,000 282 2,000 0 0%101-6003-60690 Uniforms 62 - Maintenance & Operations Totals:2,102 7,500 7,500 2,178 10,300 2,800 37% 69 - Internal Service Charges 93,600 95,400 95,400 71,550 138,000 42,600 45%101-6003-98110 Information Tech Charges 44,400 68,100 68,100 51,075 129,700 61,600 90%101-6003-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:138,000 163,500 163,500 122,625 267,700 104,200 64% 6003 - Building Totals:717,997 919,800 1,094,800 728,342 1,291,362 196,562 18% 318,855 388,500 413,500 308,343 492,762 79,262 2,255 10,000 10,000 6,453 15,000 5,000 1,926 2,000 2,000 1,611 2,900 900 28,730 35,000 35,000 27,158 41,500 6,500 74,943 104,600 104,600 72,947 148,500 43,900 1,103 0 0 887 0 0 4,289 0 0 4,262 0 0 148 0 0 187 0 0 1,481 2,400 2,400 1,666 3,100 700 10,100 10,500 10,500 7,875 12,500 2,000 5,159 5,800 5,800 4,838 7,100 1,300 2,151 0 0 1,170 0 0 34,688 50,000 50,000 18,866 0 (50,000) 485,828 608,800 633,800 456,261 723,362 89,562 92,067 140,000 290,000 147,278 290,000 0 92,067 140,000 290,000 147,278 290,000 0 629 3,000 3,000 1,681 3,000 0 215 700 700 215 700 0 100 200 200 0 3,000 2,800 0 600 600 0 600 0 37 1,000 1,000 0 1,000 0 1,121 2,000 2,000 282 2,000 0 2,102 7,500 7,500 2,178 10,300 2,800 93,600 95,400 95,400 71,550 138,000 42,600 44,400 68,100 68,100 51,075 129,700 61,600 138,000 163,500 163,500 122,625 267,700 104,200 717,997 919,800 1,094,800 728,342 1,291,362 196,562 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 55 474 Department : 6003 - BuildingPermanent Full Time492,762.00101-6003-50101100% - Building Official 100% - Senior Building Inspector/Plans Examiner (New in FY 22/23)100% - Building Inspector II (2)100% - Building Inspector I100% - Plans ExaminerPlan Checks290,000.00101-6003-60118Consulting services as needed to support plan check reviewservicesTravel & Training3,000.00101-6003-60320CA Building Officials (CALBO)International Code Council certificationsMembership Dues700.00101-6003-60351CA Building Officials (CALBO)International Association of Plumbing and Mechanical Officials(IAPMO)Subscriptions & Publications3,000.00101-6003-60352Updated California Building Code books and other professionalsubscriptionsCITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET56475 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 6006 - The Hub 50 - Salaries and Benefits 409,886 477,700 517,700 343,802 570,282 52,582 10%101-6006-50101 Permanent Full Time 0 0 0 24,841 71,500 71,500 0%101-6006-50102 Salaries - Part Time 53 0 0 0 0 0 0%101-6006-50105 Salaries - Overtime 2,752 0 0 2,014 0 0 0%101-6006-50150 Other Compensation 37,299 42,800 42,800 32,999 48,200 5,400 13%101-6006-50200 PERS-City Portion 100,302 146,400 146,400 81,313 198,000 51,600 35%101-6006-50221 Medical Insurance 1,460 0 0 1,042 0 0 0%101-6006-50222 Vision Insurance 6,578 0 0 4,971 0 0 0%101-6006-50223 Dental Insurance 213 0 0 231 0 0 0%101-6006-50224 Life Insurance 1,911 2,700 2,700 1,881 3,600 900 33%101-6006-50225 Long Term Disability 14,100 14,700 14,700 11,025 16,700 2,000 14%101-6006-50230 Workers Comp Insurance 5,944 7,000 7,000 5,345 8,100 1,100 16%101-6006-50240 Social Security-Medicare 50 - Salaries and Benefits Totals:580,499 691,300 731,300 509,464 916,382 185,082 25% 60 - Contract Services 58,440 100,000 110,000 44,945 70,000 (40,000)-36%101-6006-60103 Professional Services 55,587 50,000 50,000 35,441 60,000 10,000 20%101-6006-60125 Temporary Agency Services 60 - Contract Services Totals:114,027 150,000 160,000 80,386 130,000 (30,000)-19% 62 - Maintenance & Operations 0 1,000 1,000 0 0 (1,000)-100%101-6006-60137 Community Special Events 25 2,000 2,000 952 2,000 0 0%101-6006-60320 Travel & Training 125 200 200 150 200 0 0%101-6006-60351 Membership Dues 2,023 4,000 4,000 3,062 4,000 0 0%101-6006-60420 Operating Supplies 3,252 4,000 4,000 0 0 (4,000)-100%101-6006-60450 Advertising 62 - Maintenance & Operations Totals:5,426 11,200 11,200 4,164 6,200 (5,000)-45% 69 - Internal Service Charges 131,000 133,500 133,500 100,125 183,900 50,400 38%101-6006-98110 Information Tech Charges 69 - Internal Service Charges Totals:131,000 133,500 133,500 100,125 183,900 50,400 38% 6006 - The Hub Totals:830,952 986,000 1,036,000 694,139 1,236,482 200,482 19% 409,886 477,700 517,700 343,802 570,282 52,582 0 0 0 24,841 71,500 71,500 53 0 0 0 0 0 2,752 0 0 2,014 0 0 37,299 42,800 42,800 32,999 48,200 5,400 100,302 146,400 146,400 81,313 198,000 51,600 1,460 0 0 1,042 0 0 6,578 0 0 4,971 0 0 213 0 0 231 0 0 1,911 2,700 2,700 1,881 3,600 900 14,100 14,700 14,700 11,025 16,700 2,000 5,944 7,000 7,000 5,345 8,100 1,100 580,499 691,300 731,300 509,464 916,382 185,082 58,440 100,000 110,000 44,945 70,000 (40,000) 55,587 50,000 50,000 35,441 60,000 10,000 114,027 150,000 160,000 80,386 130,000 (30,000) 0 1,000 1,000 0 0 (1,000) 25 2,000 2,000 952 2,000 0 125 200 200 150 200 0 2,023 4,000 4,000 3,062 4,000 0 3,252 4,000 4,000 0 0 (4,000) 5,426 11,200 11,200 4,164 6,200 (5,000) 131,000 133,500 133,500 100,125 183,900 50,400 131,000 133,500 133,500 100,125 183,900 50,400 830,952 986,000 1,036,000 694,139 1,236,482 200,482 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 57 476 Department : 6006 - The HubPermanent Full Time570,282.00101-6006-50101100% - Hub Manager100% - Permit Technician (6, New Position in FY 22/23)100% - Administrative Assistant Salaries - Part Time71,500.00101-6006-50102100% - Software Program Writer P/TProfessional Services70,000.00101-6006-60103Permit software implementation consultantTemporary Agency Services60,000.00101-6006-60125Temporary administrative assistant support to Design and Development with filing, scanning, back up receptionist duties and mailingsTravel & Training2,000.00101-6006-60320AmountPermit Technician training2,000Membership Dues200.00101-6006-60351AmountTRAKiT membership200CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET58477 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 1006 - Finance 50 - Salaries and Benefits 738,310 764,900 764,900 569,557 817,530 52,630 7%101-1006-50101 Permanent Full Time 252 0 0 0 0 0 0%101-1006-50105 Salaries - Overtime 2,224 3,700 3,700 1,275 3,700 0 0%101-1006-50110 Commissions & Boards 3,400 500 500 2,014 0 (500)-100%101-1006-50150 Other Compensation 63,688 69,600 69,600 49,748 69,700 100 0%101-1006-50200 PERS-City Portion 1,874 2,400 2,400 0 0 (2,400)-100%101-1006-50215 Other Fringe Benefits 136,120 186,100 186,100 118,617 220,300 34,200 18%101-1006-50221 Medical Insurance 1,841 0 0 1,402 0 0 0%101-1006-50222 Vision Insurance 7,657 0 0 5,452 0 0 0%101-1006-50223 Dental Insurance 295 0 0 300 0 0 0%101-1006-50224 Life Insurance 3,122 4,300 4,300 3,089 5,000 700 16%101-1006-50225 Long Term Disability 16,400 17,600 17,600 13,200 17,600 0 0%101-1006-50230 Workers Comp Insurance 10,767 11,300 11,300 8,277 11,700 400 4%101-1006-50240 Social Security-Medicare 138 0 0 79 0 0 0%101-1006-50241 Social Security-FICA 50 - Salaries and Benefits Totals:986,090 1,060,400 1,060,400 773,009 1,145,530 85,130 8% 60 - Contract Services 13,006 20,000 20,000 10,796 20,000 0 0%101-1006-60102 Administration 25,205 62,000 62,000 14,338 62,000 0 0%101-1006-60103 Professional Services 38,666 40,000 40,000 29,587 40,000 0 0%101-1006-60104 Consultants 60,325 65,000 65,000 30,500 80,000 15,000 23%101-1006-60106 Auditors 2,541 3,000 3,000 795 3,000 0 0%101-1006-60122 Credit Card Fees 60 - Contract Services Totals:139,743 190,000 190,000 86,016 205,000 15,000 8% 62 - Maintenance & Operations 0 1,500 1,500 0 1,500 0 0%101-1006-60137 Community Engagement 3,300 10,000 10,000 3,533 25,000 15,000 150%101-1006-60320 Travel & Training 2,930 3,000 3,000 2,510 3,500 500 17%101-1006-60351 Membership Dues 2,150 2,200 2,200 1,295 2,200 0 0%101-1006-60352 Subscriptions & Publications 1,059 2,500 2,500 993 2,500 0 0%101-1006-60400 Office Supplies 2,363 5,000 5,000 1,751 5,000 0 0%101-1006-60410 Printing 120 0 0 0 0 0 0%101-1006-60420 Operating Supplies 0 1,000 1,000 0 1,000 0 0%101-1006-60450 Advertising 62 - Maintenance & Operations Totals:11,922 25,200 25,200 10,081 40,700 15,500 62% 69 - Internal Service Charges 166,600 168,500 168,500 126,375 204,600 36,100 21%101-1006-98110 Information Tech Charges 69 - Internal Service Charges Totals:166,600 168,500 168,500 126,375 204,600 36,100 21% 1006 - Finance Totals:1,304,355 1,444,100 1,444,100 995,481 1,595,830 151,730 11% 738,310 764,900 764,900 569,557 817,530 52,630 252 0 0 0 0 0 2,224 3,700 3,700 1,275 3,700 0 3,400 500 500 2,014 0 (500) 63,688 69,600 69,600 49,748 69,700 100 1,874 2,400 2,400 0 0 (2,400) 136,120 186,100 186,100 118,617 220,300 34,200 1,841 0 0 1,402 0 0 7,657 0 0 5,452 0 0 295 0 0 300 0 0 3,122 4,300 4,300 3,089 5,000 700 16,400 17,600 17,600 13,200 17,600 0 10,767 11,300 11,300 8,277 11,700 400 138 0 0 79 0 0 986,090 1,060,400 1,060,400 773,009 1,145,530 85,130 13,006 20,000 20,000 10,796 20,000 0 25,205 62,000 62,000 14,338 62,000 0 38,666 40,000 40,000 29,587 40,000 0 60,325 65,000 65,000 30,500 80,000 15,000 2,541 3,000 3,000 795 3,000 0 139,743 190,000 190,000 86,016 205,000 15,000 0 1,500 1,500 0 1,500 0 3,300 10,000 10,000 3,533 25,000 15,000 2,930 3,000 3,000 2,510 3,500 500 2,150 2,200 2,200 1,295 2,200 0 1,059 2,500 2,500 993 2,500 0 2,363 5,000 5,000 1,751 5,000 0 120 0 0 0 0 0 0 1,000 1,000 0 1,000 0 11,922 25,200 25,200 10,081 40,700 15,500 166,600 168,500 168,500 126,375 204,600 36,100 166,600 168,500 168,500 126,375 204,600 36,100 1,304,355 1,444,100 1,444,100 995,481 1,595,830 151,730 CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 59 478 Department : 1006 - FinancePermanent Full Time817,530.00101-1006-50101 90% - Finance Director (10% Housing Fund)100% - Financial Services Analyst100% - Accounting Manager100% - Accountant100% - Junior Accountant100% - Account Technician (3)100% - Management AssistantAdministration20,000.00101-1006-60102Bank service feesFiscal custodian feesProfessional Services62,000.00101-1006-60103AmountAnnual Budget-at-a-Glance4,000Armored Car Services3,000Financial Advisory Commission Subcommittee Supp5,000OPEB annual third-party valuation, retiree health6,000Pension Plan Review Consulting Services10,000Professional accounting support20,000State Controller's Report - Citywide4,000Third party audits & policy verifications10,000Consultants40,000.00101-1006-60104AmountProperty tax revenue analysis22,000Sales tax revenue analysis18,000Community Engagement1,500.00101-1006-60137Community workshopTravel & Training25,000.00101-1006-60320AmountAnnual GASB update training (4 employees)2,000CSMFO annual conference10,000Incode Training - Financial Software4,000Various half-day classes: CSMFO, GFOA, CAPPO9,000CITY OF LA QUINTAGENERAL FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET60479 Membership Dues3,500.00101-1006-60351CA Municipal Finance Officers Association (CSMFO)CA Municipal Treasurer Association (CMTA)Government Finance Officers Association (GFOA)CA Assoc. of Public Procurement Officials (CAPPO)UCLA Economic ForecastSubscriptions & Publications2,200.00101-1006-60352Annual Comprehensive Financial Report (ACFR) statistical datareportsPrinting5,000.00101-1006-60410Accounts Payable and Payroll checksBudget and financial reports - covers and tabsFinancial Advisory Commission reportsAdvertising1,000.00101-1006-60450Newspaper advertisements for surplus sales and Request forProposalsCITY OF LA QUINTAGENERAL FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET61480 THIS PAGE INTENTIONALLY LEFT BLANK 481 2020/21 Actuals 2021/22 Original Budget 2021/22 Current Budget 2021/22 YTD Activity* 2022/23 Proposed Budget 22/23 vs. Current 21/22 % Change in Budget 1007 - Central Services 50 - Salaries and Benefits 104,946 150,000 150,000 118,900 150,000 0 0%101-1007-50109 Vacation & Sick Leave Buy Back 0 400,000 400,000 0 900,000 500,000 125%101-1007-50115 Contingency for Stafffing 2,008,514 1,477,100 1,477,100 3,593,526 2,241,600 764,500 52%101-1007-50117 PERS - Unfunded Pension Liability 363 0 0 0 0 0 0%101-1007-50180 Natural Disaster - FEMA 1,522 0 0 1,724 0 0 0%101-1007-50240 Social Security-Medicare 33,379 36,000 36,000 22,042 36,000 0 0%101-1007-50243 Employer Contrib Retiree Med PERS 43,827 100,000 100,000 11,991 25,000 (75,000)-75%101-1007-50244 State Unemployment Insurance 50 - Salaries and Benefits Totals:2,192,550 2,163,100 2,163,100 3,748,184 3,352,600 1,189,500 55% 62 - Maintenance & Operations 120 200 200 120 200 0 0%101-1007-60351 Membership Dues 121 1,000 1,000 0 1,000 0 0%101-1007-60401 Operating Supplies 3,160 5,000 5,000 1,994 5,000 0 0%101-1007-60402 Forms, Copier Paper 2,942 8,000 8,000 6,852 8,000 0 0%101-1007-60403 Citywide Supplies 0 1,000 1,000 0 1,000 0 0%101-1007-60405 Miscellaneous Supplies 19,044 25,000 25,000 13,596 25,000 0 0%101-1007-60470 Postage 65,841 55,000 55,000 56,521 60,000 5,000 9%101-1007-60535 Sales Tax Reimbursements 50,000 100,000 250,000 50,000 100,000 (150,000)-60%101-1007-60536 TOT Resort Rebate Program 12,404 13,000 13,000 12,366 13,000 0 0%101-1007-60661 Postage Machine 379 0 0 227 0 0 0%101-1007-60663 Typewriters 62 - Maintenance & Operations Totals:154,011 208,200 358,200 141,676 213,200 (145,000)-40% 64 - Other Expenses 40,291 0 0 0 0 0 0%101-1007-60195 Coronavirus Expenses 64 - Other Expenses Totals:40,291 0 0 0 0 0 0% 68 - Capital Expenses 362,632 0 0 (5,400)0 0 0%101-1007-71050 Buildings 9,128 410,000 613,322 604,525 20,000 (593,322)-97%101-1007-74010 Land Acquisition 68 - Capital Expenses Totals:371,760 410,000 613,322 599,125 20,000 (593,322)-97% 69 - Internal Service Charges 460,000 529,000 529,000 396,750 529,000 0 0%101-1007-91842 Liability Insurance & Claims 22,200 25,500 25,500 19,125 25,500 0 0%101-1007-91843 Property & Crime Insurance 82,800 67,000 67,000 50,250 67,000 0 0%101-1007-91844 Earthquake Insurance 93,600 95,400 95,400 71,550 115,000 19,600 21%101-1007-98110 Information Tech Charges 44,300 67,650 67,650 50,738 85,800 18,150 27%101-1007-98140 Facility & Fleet Maintenance 69 - Internal Service Charges Totals:702,900 784,550 784,550 588,412 822,300 37,750 5% 99 - Transfers Out 6,042,385 6,892,356 19,961,760 3,546,320 9,439,000 (10,522,760)-53%101-1007-99900 Transfers Out 99 - Transfers Out Totals:6,042,385 6,892,356 19,961,760 3,546,320 9,439,000 (10,522,760) -53% 1007 - Central Services Totals:9,503,897 10,458,206 23,880,932 8,623,718 13,847,100 (10,033,832) -42% 104,946 150,000 150,000 118,900 150,000 0 0 400,000 400,000 0 900,000 500,000 2,008,514 1,477,100 1,477,100 3,593,526 2,241,600 764,500 363 0 0 0 0 0 1,522 0 0 1,724 0 0 33,379 36,000 36,000 22,042 36,000 0 43,827 100,000 100,000 11,991 25,000 (75,000) 2,192,550 2,163,100 2,163,100 3,748,184 3,352,600 1,189,500 120 200 200 120 200 0 121 1,000 1,000 0 1,000 0 3,160 5,000 5,000 1,994 5,000 0 2,942 8,000 8,000 6,852 8,000 0 0 1,000 1,000 0 1,000 0 19,044 25,000 25,000 13,596 25,000 0 65,841 55,000 55,000 56,521 60,000 5,000 50,000 100,000 250,000 50,000 100,000 (150,000) 12,404 13,000 13,000 12,366 13,000 0 379 0 0 227 0 0 154,011 208,200 358,200 141,676 213,200 (145,000) 40,291 0 0 0 0 0 40,291 0 0 0 0 0 362,632 0 0 (5,400)0 0 9,128 410,000 613,322 604,525 20,000 (593,322) 371,760 410,000 613,322 599,125 20,000 (593,322) 460,000 529,000 529,000 396,750 529,000 0 22,200 25,500 25,500 19,125 25,500 0 82,800 67,000 67,000 50,250 67,000 0 93,600 95,400 95,400 71,550 115,000 19,600 44,300 67,650 67,650 50,738 85,800 18,150 702,900 784,550 784,550 588,412 822,300 37,750 6,042,385 6,892,356 19,961,760 3,546,320 9,439,000 (10,522,760) 6,042,385 6,892,356 19,961,760 3,546,320 9,439,000 (10,522,760) 9,503,897 10,458,206 23,880,932 8,623,718 13,847,100 (10,033,832) CITY OF LA QUINTA GENERAL FUND EXPENSE DETAILS FY 2022/23 PROPOSED BUDGET 62 482 Department : 1007 - Central ServicesContingency for Stafffing900,000.00101-1007-50115-Workforce flexibility- Work within Class and Compensation structure-Manage CalPERS increases- Ensure job rates reflect market ratesPERS - Unfunded Pension Liabi2,241,600.00101-1007-50117Annual minimum CalPERS requirement to long-term pension liability. Based on valuation reports - inflation assumed at 2.5% with discount rate of 7%. Contribution per pension tier is as follows:Tier 1 - Classic $1,220,000Tier 2 - $2,600PEPRA Tier - $19,000Additional Discretionary Payment- $1,000,000State Unemployment Insuranc25,000.00101-1007-50244Membership Dues200.00101-1007-60351Costco membershipSales Tax Reimbursements60,000.00101-1007-60535Eight year sales tax sharing agreement approved on 9/9/2014with One Eleven La Quinta LLC (Hobby Lobby). Quarterly payments of 50% of any sales tax generated by Hobby Lobby,not to exceed $400,000 or 12/31/2022. TOT Resort Rebate Program100,000.00101-1007-60536To promote new tourism activities within the City and encourage citywide participation and innovation proposals; rebate for hotels collecting resort fees up to $50,000 per proposal.Land Acquisition20,000.00101-1007-74010Engineering maps, property survey & title search servicesCITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET63483 AmountArt in Public Places - Maintenance/Installation50,000CIP GF - City Hall Capacity Improvements550,000CIP GF - Citywide Drainage Improvements477,000CIP GF - Citywide PMP Street Improvements1,500,000CIP GF - La Quinta Skate Park Conversion133,000CIP GF - Sidewalk & ADA Ramp Improvements75,000Gas Tax Fund - Supplement Operations100,000Law Enforcement Fund - Deceased LQ Officers2,000LLD Fund - Supplement Maint. Operations900,000Measure G - ADA Transition Plan Update150,000Measure G - Hwy 111 Corridor Implementation1,000,000Measure G - La Quinta Skate Park Conversion500,000Measure G - LLD Median Improvements500,000Measure G - Phase II Camera System1,797,000Measure G - Smart Infrastructure Improv.Study250,000Measure G - Sports Complex Lighting Replacement250,000Measure G - Village Parking Lot500,000Measure G - Village Undergrounding Study100,000PARS Supplemental Pension Plan5,000SilverRock Resort600,000CITY OF LA QUINTAGENERAL FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGETTransfers Out9,439,000.00101-1007-9990064484 THIS PAGE INTENTIONALLY LEFT BLANK 485 2020/21Actuals2021/22Original Budget2021/22Current Budget2021/22YTD Activity*2022/23Proposed Budget22/23 vs. Current 21/22% Change in Budget501 - FACILITY & FLEET REPLACEMENT0000 - Undesignated60 - Contract Services26,948000000%501-0000-60213 Interest Expense60 - Contract Services Totals:26,948000000%62 - Maintenance & Operations80,73470,00070,00085,91590,00020,00029%501-0000-60674 Fuel & Oil8,22010,00015,00013,93625,00010,00067%501-0000-60675 Parts, Accessories, and U18,43235,00045,00037,84855,00010,00022%501-0000-60676 Vehicle Repair & Mainten1,0405,0005,00020010,0005,000100%501-0000-60678 Street Sweeper7,81010,00010,0006,25510,00000%501-0000-60679 Motorcycle Repair & Main62 - Maintenance & Operations Totals:116,236130,000145,000144,155190,00045,00031%63 - Insurance12,50013,75013,75010,31213,75000%501-0000-91843 Property & Crime Insuran63 - Insurance Totals:12,50013,75013,75010,31213,75000%68 - Capital Expenses11,0145,0005,00011,46225,00020,000400%501-0000-71020 Furniture14,974100,000100,000179,083180,00080,00080%501-0000-71030 Vehicles, Rentals & Lease0600,000600,000362,912400,000(200,000)-33%501-0000-71031 Vehicles, Purchased040,00040,00033,97440,00000%501-0000-71032 Building Leases70,09450,00050,00040,472230,000180,000360%501-0000-71103 City Bldg Repl/Repair2,002000000%501-0000-71110 Depreciation Expense88,13750,00050,000050,00000%501-0000-71111 Deprec Exp - Mach & Equ64,80125,00025,000025,00000%501-0000-71112 Depreciation Expense - B154,972100,000100,0000100,00000%501-0000-71113 Depreciation Expense - Ve3,3055,0005,00005,00000%501-0000-71114 Depreciation Expense - M11854,00054,00055,999300,000246,000456%501-0000-80100 Machinery & Equipment68 - Capital Expenses Totals:409,4181,029,000 1,029,000683,9011,355,000326,00032%99 - Transfers Out050,000131,964050,000(81,964)-62%501-0000-99900 Transfers Out99 - Transfers Out Totals:050,000131,964050,000(81,964)-62%0000 - Undesignated Totals:565,1021,222,750 1,319,714838,3691,608,750289,03622%- FACILITY & FLEET REPLACEMENT Totals:565,1021,222,750 1,319,714838,3691,608,750289,03622%26,9480000026,9480000080,73470,00070,00085,91590,00020,0008,22010,00015,00013,93625,00010,00018,43235,00045,00037,84855,00010,0001,0405,0005,00020010,0005,0007,81010,00010,0006,25510,0000116,236130,000145,000144,155190,00045,00012,50013,75013,75010,31213,750012,50013,75013,75010,31213,750011,0145,0005,00011,46225,00020,00014,974100,000100,000179,083180,00080,0000600,000600,000362,912400,000(200,000)040,00040,00033,97440,000070,09450,00050,00040,472230,000180,0002,0020000088,13750,00050,000050,000064,80125,00025,000025,0000154,972100,000100,0000100,00003,3055,0005,00005,000011854,00054,00055,999300,000246,000409,4181,029,000 1,029,000683,9011,355,000326,000050,000131,964050,000(81,964)050,000131,964050,000(81,964)565,1021,222,750 1,319,714838,3691,608,750289,036565,1021,222,750 1,319,714838,3691,608,750289,036CITY OF LA QUINTAINTERNAL SERVICE FUND EXPENSE DETAILSFY 2022/23 PROPOSED BUDGET65486 Fund: 501 - FACILITY & FLEET REPLACEMENTVehicles, Rentals & Leases180,000.00501-0000-71030City vehicles are leased through EnterpriseCity Bldg Repl/Repair230,000.00501-0000-71103Building repairs Wellness Center kitchen updateMachinery & Equipment300,000.00501-0000-80100Purchase of street sweeperCITY OF LA QUINTAINTERNAL SERVICE FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET66487 2020/21Actuals2021/22Original Budget2021/22Current Budget2021/22YTD Activity*2022/23Proposed Budget22/23 vs. Current 21/22% Change in Budget502 - INFORMATION TECHNOLOGY0000 - Undesignated50 - Salaries and Benefits33,66133,30033,30027,63333,354540%502-0000-50101 Permanent Full Time2,4682,9002,9002,0292,500(400)-14%502-0000-50200 PERS-City Portion6,2378,3008,3003,9589,9001,60019%502-0000-50221 Medical Insurance950032000%502-0000-50222 Vision Insurance5300075000%502-0000-50223 Dental Insurance120017000%502-0000-50224 Life Insurance13520020014930010050%502-0000-50225 Long Term Disability49250050040150000%502-0000-50240 Social Security-Medicare50 - Salaries and Benefits Totals:43,63145,20045,20034,29546,5541,3543%60 - Contract Services324,138450,000450,000303,278480,00030,0007%502-0000-60104 Consultants24,20065,00065,00041,93965,00000%502-0000-60108 Technical4,2446,0006,0008,7076,00000%502-0000-60300 Maintenance Agreements383,551600,000881,927464,242900,00018,0732%502-0000-60301 Software Licenses60 - Contract Services Totals:736,1321,121,000 1,402,927818,1671,451,00048,0733%62 - Maintenance & Operations0500500050000%502-0000-60320 Travel & Training2,8145,0005,0007,0295,00000%502-0000-60420 Operating Supplies42,92580,00080,00029,95580,00000%502-0000-60662 Copiers62 - Maintenance & Operations Totals:45,73985,50085,50036,98585,50000%66 - Utilities34,81630,00030,00032,73035,0005,00017%502-0000-61300 Telephone - Utilities45,06050,00050,00033,34650,00000%502-0000-61301 Cell/Mobile Phones42,31740,00075,00044,80275,00000%502-0000-61400 Cable/Internet - Utilities66 - Utilities Totals:122,193120,000155,000110,879160,0005,0003%68 - Capital Expenses000298000%502-0000-71020 Furniture(104,575)20,00020,0007,6050(20,000)-100%502-0000-71042 D & D, Software Enhance7,94810,00010,0008,9900(10,000)-100%502-0000-71043 Comm. Resources, Softwa3,6005,0005,00000(5,000)-100%502-0000-71045 Finance, Software Enhanc14,1215,0005,0002,5900(5,000)-100%502-0000-71047 City Clerk, Software Enha17,39310,00083,00016,1460(83,000)-100%502-0000-71048 Public Works, Software En0000100,000100,0000%502-0000-71049 Software Implementation28,8785,0005,00005,00000%502-0000-71110 Depreciation Expense64,42660,00060,000060,00000%502-0000-71111 Deprec Exp - Mach & Equ35,36370,00070,000070,00000%502-0000-71115 Depreciation Expense - So22,262150,000230,00027,394200,000(30,000)-13%502-0000-80100 Machinery & Equipment49,47580,00080,00042,27580,00000%502-0000-80103 Computers68 - Capital Expenses Totals:138,892415,000568,000105,297515,000(53,000)-9%0000 - Undesignated Totals:1,086,5871,786,700 2,256,627 1,105,6222,258,0541,4270%33,66133,30033,30027,63333,354542,4682,9002,9002,0292,500(400)6,2378,3008,3003,9589,9001,6009500320053000750012001700135200200149300100492500500401500043,63145,20045,20034,29546,5541,354324,138450,000450,000303,278480,00030,00024,20065,00065,00041,93965,00004,2446,0006,0008,7076,0000383,551600,000881,927464,242900,00018,073736,1321,121,000 1,402,927818,1671,451,00048,0730500500050002,8145,0005,0007,0295,000042,92580,00080,00029,95580,000045,73985,50085,50036,98585,500034,81630,00030,00032,73035,0005,00045,06050,00050,00033,34650,000042,31740,00075,00044,80275,0000122,193120,000155,000110,879160,0005,00000029800(104,575)20,00020,0007,6050(20,000)7,94810,00010,0008,9900(10,000)3,6005,0005,00000(5,000)14,1215,0005,0002,5900(5,000)17,39310,00083,00016,1460(83,000)0000100,000100,00028,8785,0005,00005,000064,42660,00060,000060,000035,36370,00070,000070,000022,262150,000230,00027,394200,000(30,000)49,47580,00080,00042,27580,0000138,892415,000568,000105,297515,000(53,000)1,086,5871,786,700 2,256,627 1,105,6222,258,0541,427502 - INFORMATION TECHNOLOGY Totals:0%1,086,5871,086,5871,786,7001,786,700 2,256,6272,256,627 1,105,6221,105,62222,258,054,258,0541,4271,427CITY OF LA QUINTAINTERNAL SERVICE FUND EXPENSE DETAILSFY 2022/23 PROPOSED BUDGET67488 Fund: 502 - INFORMATION TECHNOLOGYPermanent Full Time33,354.00502-0000-5010140% - Management Analyst (60% Housing Fund)Consultants480,000.00502-0000-60104Contracted information technology servicesTechnical65,000.00502-0000-60108Cable services, wireless access points, modems, and virtual serversTravel & Training500.00502-0000-60320Fraud prevention, firewall, encryption, coding, and other IT-related trainingsOperating Supplies5,000.00502-0000-60420Small equipment such as keyboards, computer mouses, cables, conference room TV's, speakers, docking stations, etc. Machinery & Equipment200,000.00502-0000-80100Upgrades to recording and audio visual equipment and other miscellaneous upgrades for phones and work stationsCITY OF LA QUINTAINTERNAL SERVICE FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET68489 2020/21Actuals2021/22Original Budget2021/22Current Budget2021/22YTD Activity*2022/23Proposed Budget22/23 vs. Current 21/22% Change in Budget503 - PARK EQUIP & FACILITY FUND0000 - Undesignated68 - Capital Expenses51,791255,000255,000244,795545,000290,000114%503-0000-71060 Parks101 000 000%503-0000-71110 Depreciation Expense519,249000000%503-0000-71122 Depreciation Expense - C68 - Capital Expenses Totals:571,140255,000255,000244,795545,000290,000114%99 - Transfers Out87,986000000%503-0000-99900 Transfers Out99 - Transfers Out Totals:87,986000000%0000 - Undesignated Totals:659,126255,000255,000244,795545,000290,000114%03 - PARK EQUIP & FACILITY FUND Totals:659,126255,000255,000244,795545,000290,000114%51,791255,000255,000244,795545,000290,000101 000 00519,24900000571,140255,000255,000244,795545,000290,00087,9860000087,98600000659,126255,000255,000244,795545,000290,000659,126255,000255,000244,795545,000290,000CITY OF LA QUINTAINTERNAL SERVICE FUND EXPENSE DETAILSFY 2022/23 PROPOSED BUDGET69490 Fund: 503 - PARK EQUIP & FACILITY FUNDParks545,000.00503-0000-71060AmountPark Improvements160,000Playground and fitness equipment, benches145,000Shade canopy replacements240,000CITY OF LA QUINTAINTERNAL SERVICE FUND EXPENSE NOTES FY 2022/23 PROPOSED BUDGET70491 2020/21Actuals2021/22Original Budget2021/22Current Budget2021/22YTD Activity*2022/23Proposed Budget22/23 vs. Current 21/22% Change in Budget504 - INSURANCE FUND1010 - Insurance50 - Salaries and Benefits1,331000000%504-1010-50221 Medical Insurance50 - Salaries and Benefits Totals:1,331000000%60 - Contract Services0500500050000%504-1010-60320 Travel & Training0200200020000%504-1010-60351 Membership Dues60 - Contract Services Totals:0700700070000%62 - Maintenance & Operations202 000 000%504-1010-60400 Office Supplies2,33512,50012,5004,40912,50000%504-1010-60420 Operating Supplies62 - Maintenance & Operations Totals:2,53712,50012,5004,40912,50000%63 - Insurance402,044446,400446,400446,349419,000(27,400)-6%504-1010-60441 Liability Insurance02,5002,50002,50000%504-1010-60442 Claims120,255144,800144,800144,771160,00015,20010%504-1010-60443 Property Insurance3,6933,7003,7001,8004,0003008%504-1010-60446 Crime Insurance173,602180,000180,000184,515200,00020,00011%504-1010-60447 Earthquake Insurance161,549146,200146,200146,173185,40039,20027%504-1010-60452 Workers Comp Premium63 - Insurance Totals:861,143923,600923,600923,608970,90047,3005%1010 - Insurance Totals:865,011936,800936,800928,018984,10047,3005%504 - INSURANCE FUND Totals:865,011936,800936,800928,018984,10047,3005%1,331000001,33100000050050005000020020002000070070007000202 000 002,33512,50012,5004,40912,50002,53712,50012,5004,40912,5000402,044446,400446,400446,349419,000(27,400)02,5002,50002,5000120,255144,800144,800144,771160,00015,2003,6933,7003,7001,8004,000300173,602180,000180,000184,515200,00020,000161,549146,200146,200146,173185,40039,200861,143923,600923,600923,608970,90047,300865,011936,800936,800928,018984,10047,300865,011936,800936,800928,018984,10047,300CITY OF LA QUINTAINTERNAL SERVICE FUND EXPENSE DETAILSFY 2022/23 PROPOSED BUDGET71492 Fund: 504 - INSURANCE FUNDTravel & Training500.00504-1010-60320California Joint Powers Insurance Authority (CJPIA) Public Agency Risk Management Association (PARMA)Membership Dues200.00504-1010-60351Public Agency Risk Management Association (PARMA) membersOperating Supplies12,500.00504-1010-60420Ergonomic assessments and first aid kit supplies/maintenanceCITY OF LA QUINTAINTERNAL SERVICE FUND EXPENSE NOTESFY 2022/23 PROPOSED BUDGET72493 494 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Monika Radeva, City Clerk DATE: May 17, 2022 SUBJECT: 2022 PRIMARY ELECTION UPDATE – JUNE 7, 2022 Riverside County is transitioning from a traditional polling place county and implementing the Voter’s Choice Act; and the Registrar of Voters (ROV) will be conducting the June 7, 2022, Primary Election in that manner. Vote Centers – traditional polling places will be replaced by vote centers. Voters will have the freedom to cast a ballot in-person at any vote center in their county instead of being tied to a single polling location. Vote Centers have an electronic mechanism to immediately access voter registration data. Eleven-Day Vote Centers – starting 10 days before the Election and through the Friday before Election Day, one vote center is required for every 50,000 registered voters for at least eight (8) hours per day. ROV has established 26 eleven-day vote centers in Riverside County (Attachment 1). Four-Day Vote Centers – on Election Day, and the Saturday, Sunday, and Monday leading up to Election Day, one vote center is required for every 10,000 registered voters for at least eight (8) hours per day. ROV has established 145 four-day vote centers in Riverside County (Attachment 1). Vote-by-Mail (VBM) Ballot – every registered voter (approximately 1.3 million in Riverside County) shall receive a VBM ballot between April 28 and May 28, 2022, from the ROV. Vote-by-Mail Ballot Drop-Off Locations – provide voters with an additional way to return their ballot postage free. Starting 28 days before Election Day there would be at least one drop-off location for every 15,000 registered voters. DEPARTMENTAL REPORT ITEM NO. 3 495 ROV has established 87 VBM drop-off locations in Riverside County (Attachment 2). Ballots must be received no later than the close of the polls on Election Day or be postmarked on or before Election Day and received no later than seven days after election day to be counted [E.C. § 15301] Official Canvas – no later than July 7, 2022, the ROV must complete the canvass, certify the results, and submit it to the board of supervisors. LA QUINTA Vote Centers:  City Hall – eleven-day vote center - May 28 to June 6, 2022; from 9:00 a.m. to 5:00 p.m. - Election Day – June 7, 2022; from 7:00 a.m. to 8:00 p.m.  Colonel Mitchell Paige Middle School – four-day vote center - June 4-6, 2022; from 9:00 a.m. to 5:00 p.m. - Election Day – June 7, 2022; from 7:00 a.m. to 8:00 p.m.  Trilogy at La Quinta – four-day vote center - June 4-6, 2022; from 9:00 a.m. to 5:00 p.m. - Election Day – June 7, 2022; from 7:00 a.m. to 8:00 p.m. Conditional voter registration will be available at each vote center, for eligible voters who missed the voter registration deadline (15-days prior to election day, or May 23, 2022, for this election), and will be provided a provisional ballot. Vote-By-Mail Ballots and Drop-Off Locations: Voters can mail in their ballot via United States Postal Service using the postage paid return envelope included with their ballot or drop it off at any designated VBM drop-off location or Vote Center within Riverside County.  La Quinta City Hall - May 9 to June 6, 2022; from 8:00 a.m. to 5:00 p.m. - Election Day – June 7, 2022; from 7:00 a.m. to 8:00 p.m.  Trilogy at La Quinta - May 9 to June 6, 2022; from 10:00 a.m. to 3:00 p.m. - Election Day – June 7, 2022; from 7:00 a.m. to 8:00 p.m. 496 Track Your Ballot – ROV is using the California Secretary of State’s BallotTRAX tracking system. Voters can sign up at https://california.ballottrax.net/voter/ to receive notifications when their ballot is mailed, received, and counted. Attachments: 1. Vote Center Locations – Riverside County 2. Vote-By-Mail Drop Off Locations – Riverside County 497 498 Dates and hours vary - see below for more info. VOTE CENTER LOCATIONS Cottonwood Elementary School**Library 44260 Sage Road Aguanga, CA 92536 Anza Library**Community Room 57430 Mitchell Road Anza, CA 92539 Banning Senior Center*Multi-Purpose Room 769 N San Gorgonio Avenue Banning, CA 92220 Sun Lakes Country Club**North Clubhouse 545 Twin Hills Drive Banning, CA 92220 Brookside Elementary School**Classroom 28 38755 Brookside Avenue Beaumont, CA 92223 Holiday Inn Express Suites*Cherry Valley Room 1864 Oak Valley Village Circle Beaumont, CA 92223 Three Rings Ranch Elementary School** Classroom 26 1040 Claiborne Avenue Beaumont, CA 92223 Tournament Hills Elementary School** Classroom 20 36611 Champions Drive Beaumont, CA 92223 Bermuda Dunes Community Service Center* Multi-Purpose Room 78400 Forty Second Avenue Bermuda Dunes, CA 92203 County of Riverside Administrative Center** Break Room 260 N Broadway Blythe, CA 92225 Cabazon Library**Meeting Room 50425 Carmen Avenue Cabazon, CA 92230 Norton Younglove Senior Center**Large Main Room 908 Park Avenue Calimesa, CA 92320 Canyon Lake City Hall**Meeting Room 31516 Railroad Canyon Road Canyon Lake, CA 92587 Cathedral City Hall*Study Session Room 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 Cathedral City Library**Meeting Room 33520 Date Palm Drive Cathedral City, CA 92234 Northgate Community Church**Rooms 1, 2 & 3 30010 Date Palm Drive Cathedral City, CA 92234 Riverside County Fire Station #22**Bay Area 10055 Avenida Miravilla Cherry Valley, CA 92223 Coachella Branch Library*Large Meeting Room 1500 6th Street Coachella, CA 92236 Coachella Community Center**Bagdouma Park / Main Room 51251 Douma Street Coachella, CA 92236 Ben Franklin Elementary School**Multi-Purpose Room 2650 Oak Avenue Corona, CA 92882 Circle City Center*Activity Room B 365 N Main Street Corona, CA 92880 Corona High School**Foyer 1150 W 10th Street Corona, CA 92882 Corona Public Library**Community Room 650 S Main Street Corona, CA 92882 Corona Senior Center**Meeting Room 921 S Belle Avenue Corona, CA 92882 Home Gardens County Library*Meeting Room 3785 S Neece Street Corona, CA 92879 Islamic Society of Corona**Multi-Purpose Room 465 Santana Way Corona, CA 92881 Luiseno Elementary School**Gymnasium 13500 Mountain Road Corona, CA 92883 Peppermint Ridge**Angel Hall 825 Magnolia Avenue Corona, CA 92879 Santiago High School**Theatre Foyer 1395 Foothill Parkway Corona, CA 92881 Temescal Valley Elementary School**Multi-Purpose Room 22950 Claystone Avenue Corona, CA 92883 The Shops at Dos Lagos*Unit 120 2790 Cabot Drive Corona, CA 92883 Desert Hot Springs Library**Community Meeting Room 14380 Palm Drive Desert Hot Springs, CA 92240 Desert Hot Springs Senior Center**West Room 11777 West Drive Desert Hot Springs, CA 92240 Eastvale City Hall**City Council Chamber 12363 Limonite Avenue, Suite 910 Eastvale, CA 91752 Eastvale Community Center**Lobby 13820 Schleisman Road Eastvale, CA 92880 Eleanor Roosevelt High School**Library 7447 Scholar Way Eastvale, CA 92880 Harada Neighborhood Center*Activity Room C 13099 65th Street Eastvale, CA 92880 Bautista Creek Elementary School**Multi-Purpose Room 441 N Lake Street Hemet, CA 92544 Hemet DPSS**Community Room 541 N San Jacinto Street Hemet, CA 92543 Hemet Public Library*Meeting Room 300 E Latham Avenue Hemet, CA 92543 Our Lady of The Valley Catholic Church** Hyland Hall 780 S State Street Hemet, CA 92543 Tahquitz High School**Multi-Purpose Room 4425 Titan Trail Hemet, CA 92545 Valle Vista Community Center**Room 3 43935 Acacia Avenue Hemet, CA 92544 West Valley High School**Classrooms A162 & A163 3401 Mustang Way Hemet, CA 92545 Idyllwild County Library**Meeting Room 54401 Village Center Drive Idyllwild, CA 92549 Indian Wells City Hall**Council Chambers 44950 Eldorado Drive Indian Wells, CA 92210 Indio Corporate Yard*Lobby 83101 Avenue 45 Indio, CA 92201 Indio High School**Multi-Purpose Room 81750 Avenue 46 Indio, CA 92201 Indio Library**Meeting Room 200 Civic Center Mall Indio, CA 92201 Riverside County Office of Education** Conference Room 126 & 127 47110 Calhoun Street Indio, CA 92201 Thomas Jefferson Middle School**Multi-Purpose Room 83089 Highway 111 Indio, CA 92201 Eddie Dee Smith Senior Center**Event Room 5888 Mission Boulevard Jurupa Valley, CA 92509 Glen Avon County Library*Meeting Room 9244 Galena Street Jurupa Valley, CA 92509 Riverside County Animal Services**Training Center 6851 Van Buren Boulevard Jurupa Valley, CA 92509 Rubidoux Youth Opportunity Center**Basketball Gym 5656 Mission Boulevard Jurupa Valley, CA 92509 Stone Avenue Elementary School**Multi-Purpose Room 5111 Stone Avenue Jurupa Valley, CA 92509 Jurupa Middle School**Multi-Purpose Room 8700 Galena Street Jurupa Valley, CA 92509 Colonel Mitchell Paige Middle School**Multi-Purpose Room 43495 Palm Royale Drive La Quinta, CA 92253 La Quinta City Hall*Study Session Room 78495 Calle Tampico La Quinta, CA 92253 Trilogy at La Quinta**Desert Vista Ballroom 60750 Trilogy Parkway La Quinta, CA 92253 Canyon Lake Middle School**Multi-Purpose Room 33005 Canyon Hills Road Lake Elsinore, CA 92532 Lake Community Center*Community Room 310 W Graham Avenue Lake Elsinore, CA 92530 Lakeland Village Community Center**Dance Room 16275 Grand Avenue Lake Elsinore, CA 92530 Lakeside High School**Library 32593 Riverside Drive Lake Elsinore, CA 92530 *May 28, 2022 - June 6, 2022, 9:00am - 5:00pm. Election Day, June 7, 2022, 7:00am - 8:00pm. **June 4, 2022 - June 6, 2022, 9:00am - 5:00pm. Election Day, June 7, 2022, 7:00am - 8:00pm. ATTACHMENT 1 499 Dates and hours vary - see below for more info. VOTE CENTER LOCATIONS Outlets at Lake Elsinore** Building F, F154a 17600 Collier Avenue, Suite A100 Lake Elsinore, CA 92530 Mecca County Library** Meeting Room 91260 Sixty Sixth Avenue Mecca, CA 92254 Boulder Ridge Elementary School**Multi-Purpose Room 27327 Junipero Road Menifee, CA 92585 Calvary Chapel Romoland**Overflow Room 27912 Adams Avenue Menifee, CA 92585 Kay Ceniceros Senior Center**North Annex 29995 Evans Road Menifee, CA 92586 Marion V. Ashley Community Center*Board Room 25625 Briggs Road Menifee, CA 92585 Menifee County Library**Community Room 28798 La Piedra Road Menifee, CA 92584 Sun City Civic Association**Webb Hall 26850 Sun City Boulevard Menifee, CA 92586 Sun City County Library**Community Room 26982 Cherry Hills Boulevard Menifee, CA 92586 Bear Valley Elementary School**Library 26125 Fir Avenue Moreno Valley, CA 92555 Cottonwood Golf Center**Meeting Room 13671 Frederick Street Moreno Valley, CA 92553 CrossWord Christian Church**Court/Gym 21401 Box Springs Road Moreno Valley, CA 92557 Honey Hollow Elementary School**Room 29 11765 Honey Hollow Drive Moreno Valley, CA 92557 Lasselle Elementary School**Multi-Purpose Room 26446 Krameria Avenue Moreno Valley, CA 92555 Moreno Valley Mall*Center Court Area 22500 Town Circle Moreno Valley, CA 92553 Moreno Valley Senior Center**Room 1 & 2 25075 Fir Avenue Moreno Valley, CA 92553 Palm Middle School**Multi-Purpose Room 11900 Slawson Avenue Moreno Valley, CA 92557 Paso De Lago Homeowners Association** Clubhouse / Ballroom 14900 Vinehill Street Moreno Valley, CA 92553 Sunnymead Elementary School**Library 24050 Dracaea Avenue Moreno Valley, CA 92553 Vista Heights Middle School**Multi-Purpose Room 23049 Old Lake Drive Moreno Valley, CA 92557 Alta Murrieta Elementary School**Multi-Purpose Room 39475 Whitewood Road Murrieta, CA 92563 Avaxat Elementary School**Multi-Purpose Room 24300 Las Brisas Road Murrieta, CA 92562 Cole Canyon Elementary School**Multi-Purpose Room 23750 Via Alisol Murrieta, CA 92562 Dorothy McElhinney Middle School**Teacher Lounge 35125 Briggs Road Murrieta, CA 92563 Fire Station #4*Training Room 28155 Baxter Road Murrieta, CA 92563 Monte Vista Elementary School**Multi-Purpose Room 37420 Via Mira Mosa Murrieta, CA 92563 Murrieta Public Library**Community Room 24700 Adams Avenue Murrieta, CA 92562 Tovashal Elementary School**Multi-Purpose Room 23801 Saint Raphael Drive Murrieta, CA 92562 Norco Community Center**Game Room 3900 Acacia Avenue Norco, CA 92860 Norco County Library**Meeting Room 3240 Hamner Avenue Norco, CA 92860 Nuview County Library**Meeting Room 29990 Lakeview Avenue Nuevo, CA 92567 Palm Desert Community Center**Gymnasium 43900 San Pablo Avenue Palm Desert, CA 92260 Palm Desert High School**Technology Room 74910 Aztec Road Palm Desert, CA 92260 Portola Community Center**Multi-Purpose Room 45480 Portola Avenue Palm Desert, CA 92260 The Shops at Palm Desert*72840 Highway 111 Palm Desert, CA 92260 Demuth Community Center*Gymnasium 3601 E Mesquite Avenue Palm Springs, CA 92264 James O. Jessie Desert Highland Unity Center** Gymnasium 480 W Tramview Road Palm Springs, CA 92262 Palm Springs Public Library**Learning Center 300 S Sunrise Way Palm Springs, CA 92262 Bob Glass Gym*Community Room 101 North D Street Perris, CA 92570 Mead Valley Community Center**Banquet Hall 21091 Rider Street Perris, CA 92570 Moses-Schaffer Community Center**Banquet Hall Room 21565 Steele Peak Drive Perris, CA 92570 Perris DPSS**Community Room 201 Redlands Avenue Perris, CA 92571 Sky View Elementary School**Multi-Purpose Room 625 Mildred Street Perris, CA 92570 Triple Crown Elementary School**Multi-Purpose Room 530 E Orange Avenue Perris, CA 92571 Rancho Mirage Library**Annenberg Room 71100 Highway 111 Rancho Mirage, CA 92270 The River**A103 71800 Highway 111 Rancho Mirage, CA 92270 Arlanza Community Center**Conference Room 7950 Philbin Avenue Riverside, CA 92503 Arlington Library**Community Room 9556 Magnolia Avenue Riverside, CA 92503 Cesar Chavez Community Center**Community Room 2060 University Avenue Riverside, CA 92507 Galleria at Tyler*1299 Galleria at Tyler Riverside, CA 92503 Highgrove Library**Meeting Room 530 Center Street Riverside, CA 92507 Janet Goeske Senior Center**Bob Buster Room 5257 Sierra Street Riverside, CA 92504 Joyce Jackson Community Center**Multi-Purpose Room 5505 Dewey Avenue Riverside, CA 92504 La Sierra Senior Center**Ballroom 5215 La Sierra Avenue Riverside, CA 92505 Lake Mathews Elementary School**Multi-Purpose Room 12252 Blackburn Road Riverside, CA 92503 Mission Grove Shopping Center*Former Stein Mart Building 335 E Alessandro Boulevard Riverside, CA 92508 Orange Terrace Library**Community Room 20010 Orange Terrace Parkway Riverside, CA 92508 Orrenmaa Elementary School**Room 29 3350 Fillmore Street Riverside, CA 92503 Riverside County Registrar of Voters*** Lobby 2720 Gateway Drive Riverside, CA 92507 Riverside Main Library**Community Room 3900 Mission Inn Avenue Riverside, CA 92501 Ruth Lewis Community Center**Multi-Purpose Room 701 Orange Street Riverside, CA 92501 SSgt. Salvador J. Lara Casa Blanca Library** Community Room 2985 Madison Street Riverside, CA 92504 *May 28, 2022 - June 6, 2022, 9:00am - 5:00pm. Election Day, June 7, 2022, 7:00am - 8:00pm. **June 4, 2022 - June 6, 2022, 9:00am - 5:00pm. Election Day, June 7, 2022, 7:00am - 8:00pm. ***May 9, 2022 - June 6, 2022, Monday - Friday (excluding Holidays), 8:00am - 5:00pm; May 28, 2022 - May 30, 2022, 9:00am - 5:00pm; June 4, 2022 - June 5, 2022, 9:00am - 5:00pm; Election Day, June 7, 2022, 7:00am - 8:00pm. 500 Dates and hours vary - see below for more info. VOTE CENTER LOCATIONS Woodcrest County Library** Community Room 16625 Krameria Avenue Riverside, CA 92504 Ysmael Villegas Community Center** Dance Room 3091 Esperanza Street Riverside, CA 92504 Mountain View Alternative High School** Gym 1000 N Ramona Boulevard San Jacinto, CA 92582 San Jacinto Library*Library 595 S San Jacinto Avenue San Jacinto, CA 92583 Valley Wide Recreation & Park District** Meeting Room 901 W Esplanade Avenue San Jacinto, CA 92582 Helen Hunt Jackson Elementary School** Computer Lab 32400 Camino San Dimas Temecula, CA 92592 Jefferson Recreation Center**Main Room 41375 McCabe Court Temecula, CA 92590 Promenade Temecula*Suite 525 40820 Winchester Road Temecula, CA 92591 Riverside County Fire Station 96**Bay Area 37700 Glen Oaks Road Temecula, CA 92592 Temecula Community Center**Multi-Purpose Room 28816 Pujol Street Temecula, CA 92590 Temecula Middle School**Room 904 & 905 42075 Meadows Parkway Temecula, CA 92592 Temecula Public Library**Foyer 30600 Pauba Road Temecula, CA 92592 Vail Ranch Middle School**Multi-Purpose Room 33340 Camino Piedra Rojo Temecula, CA 92592 Della S Lindley Elementary School**Multi-Purpose Room 31495 Robert Road Thousand Palms, CA 92276 VFW Post 1508**Meeting Hall 21180 Waite Street Wildomar, CA 92595 Wildomar City Hall*Council Chambers 23873 Clinton Keith Road Wildomar, CA 92595 Wildomar County Library**Meeting Room 34303 Mission Trail Wildomar, CA 92595 Francis Domenigoni Community Center** Gymnasium 32665 Haddock Street Winchester, CA 92596 French Valley County Library**Meeting Room 31526 Skyview Road Winchester, CA 92596 *May 28, 2022 - June 6, 2022, 9:00am - 5:00pm. Election Day, June 7, 2022, 7:00am - 8:00pm. **June 4, 2022 - June 6, 2022, 9:00am - 5:00pm. Election Day, June 7, 2022, 7:00am - 8:00pm. 501 502 Dates and hours vary - see below for more info. BALLOT DROP-OFF LOCATIONS Banning DPSS* 63 S 4th Street #A Banning, CA 92220 City of Banning** 99 E Ramsey Street Banning, CA 92220 Albert Chatigny Community Center* 1310 Oak Valley Parkway Beaumont, CA 92223 Calvary Chapel Beaumont*1780 Orchard Heights Avenue Beaumont, CA 92223 City of Beaumont**550 E 6th Street Beaumont, CA 92223 Weaver Mortuary & Crematory*1177 Beaumont Avenue Beaumont, CA 92223 Bermuda Dunes Community Service Center* 78400 Forty Second Avenue Bermuda Dunes, CA 92203 City of Blythe**235 N Broadway Blythe, CA 92225 Cabazon Library*50425 Carmen Avenue Cabazon, CA 92230 City of Calimesa**908 Park Avenue Calimesa, CA 92320 City of Canyon Lake**31516 Railroad Canyon Road Canyon Lake, CA 92587 Cathedral City Library*33520 Date Palm Drive Cathedral City, CA 92234 City of Cathedral City**68700 Avenida Lalo Guerrero Cathedral City, CA 92234 City of Coachella**53462 Enterprise Way Coachella, CA 92236 Coachella Community Center*51251 Douma Street Coachella, CA 92236 Circle City Center*365 N Main Street Corona, CA 92880 City of Corona**400 S Vicentia Avenue Corona, CA 92882 Corona Public Library*650 S Main Street Corona, CA 92882 Home Gardens County Library*3785 S Neece Street Corona, CA 92879 The Shops at Dos Lagos*2790 Cabot Drive Corona, CA 92883 City of Desert Hot Springs**11999 Palm Drive Desert Hot Springs, CA 92240 Desert Hot Springs Senior Center*11777 West Drive Desert Hot Springs, CA 92240 City of Eastvale**12363 Limonite Avenue, Suite 910 Eastvale, CA 91752 Eastvale Community Center*13820 Schleisman Road Eastvale, CA 92880 Harada Neighborhood Center*13099 65th Street Eastvale, CA 92880 City of Hemet**445 E Florida Avenue Hemet, CA 92543 Hemet Public Library*300 E Latham Avenue Hemet, CA 92543 Valle Vista Community Center*43935 Acacia Avenue Hemet, CA 92544 Idyllwild County Library*54401 Village Center Drive Idyllwild, CA 92549 City of Indian Wells**44950 Eldorado Drive Indian Wells, CA 92210 City of Indio**100 Civic Center Mall Indio, CA 92201 Indio Community Center*45871 Clinton Street Indio, CA 92201 City of Jurupa Valley**8930 Limonite Avenue Jurupa Valley, CA 92509 Eddie Dee Smith Senior Center*5888 Mission Boulevard Jurupa Valley, CA 92509 Glen Avon County Library*9244 Galena Street Jurupa Valley, CA 92509 La Quinta City Hall**78495 Calle Tampico La Quinta, CA 92253 Trilogy at La Quinta*60750 Trilogy Parkway La Quinta, CA 92253 City of Lake Elsinore**130 S Main Street Lake Elsinore, CA 92530 Lakeland Village Community Center*16275 Grand Avenue Lake Elsinore, CA 92530 Launch Pointe Recreation Destination & RV Park* 32040 Riverside Drive Lake Elsinore, CA 92530 Mecca County Library*91260 Sixty Sixth Avenue Mecca, CA 92254 City of Menifee**29844 Haun Road Menifee, CA 92586 Marion V. Ashley Community Center*25625 Briggs Road Menifee, CA 92585 Menifee County Library*28798 La Piedra Road Menifee, CA 92584 Sun City County Library*26982 Cherry Hills Boulevard Menifee, CA 92586 Moreno Valley DPSS*12625 Heacock Street Moreno Valley, CA 92553 Moreno Valley Mall*22500 Town Circle Moreno Valley, CA 92553 City of Moreno Valley**14177 Frederick Street Moreno Valley, CA 92553 City of Murrieta**1 Town Square Murrieta, CA 92562 Murrieta Public Library*24700 Adams Avenue Murrieta, CA 92562 City of Norco**2870 Clark Avenue Norco, CA 92860 Norco County Library*3240 Hamner Avenue Norco, CA 92860 *May 9, 2022 - June 6, 2022, Monday - Friday (excluding Holidays), 10:00am to 3:00pm; and Election Day, June 7, 2022, 7:00am to 8:00pm. **May 9, 2022 - June 6, 2022, during regular city business hours; and Election Day, June 7, 2022, 7:00am to 8:00pm. ATTACHMENT 2 503 Dates and hours vary - see below for more info. BALLOT DROP-OFF LOCATIONS City of Palm Desert** 73510 Fred Waring Drive Palm Desert, CA 92260 Palm Desert Library*73300 Fred Waring Drive Palm Desert, CA 92260 The Shops at Palm Desert*72840 Highway 111 Palm Desert, CA 92260 City of Palm Springs**3200 E Tahquitz Canyon Way Palm Springs, CA 92262 James O. Jessie Desert Highland Unity Center* 480 W Tramview Palm Springs, CA 92262 City of Perris**101 North D Street Perris, CA 92570 Mead Valley Community Center*21091 Rider Street Perris, CA 92570 Perris DPSS*201 Redlands Avenue Perris, CA 92571 City of Rancho Mirage**69825 Highway 111 Rancho Mirage, CA 92270 The River*71800 Highway 111 Rancho Mirage, CA 92270 Arlanza Community Center*7950 Philbin Avenue Riverside, CA 92503 Galleria at Tyler*1299 Galleria at Tyler Riverside, CA 92503 Highgrove Library*530 Center Street Riverside, CA 92507 Joyce Jackson Community Center*5505 Dewey Avenue Riverside, CA 92504 Marcy Branch Library*6927 Magnolia Avenue Riverside, CA 92506 Mission Grove Shopping Center*335 E Alessandro Boulevard Riverside, CA 92508 Orange Terrace Community Center*20010 Orange Terrace Parkway Riverside, CA 92508 Renck Community Center*4015 Jackson Street Riverside, CA 92503 Riverside County Registrar of Voters***2720 Gateway Drive Riverside, CA 92507 Ruth Lewis Community Center*701 Orange Street Riverside, CA 92501 SPC Jesus S. Duran Eastside Library*4033 Chicago Avenue Suite C Riverside, CA 92507 SSgt. Salvador J. Lara Casa Blanca Library* 2985 Madison Street Riverside, CA 92504 Stratton Community Center*2008 Martin Luther King Boulevard Riverside, CA 92507 Woodcrest County Library*16625 Krameria Avenue Riverside, CA 92504 City of Riverside**3900 Main Street, 7th Floor Riverside, CA 92501 City of San Jacinto**595 S San Jacinto Avenue San Jacinto, CA 92583 Valley Wide Recreation & Park District*901 W Esplanade Avenue San Jacinto, CA 92582 City of Temecula**41000 Main Street Temecula, CA 92590 Promenade Temecula*40820 Winchester Road Temecula, CA 92591 Temecula Community Center*28816 Pujol Street Temecula, CA 92590 Temecula Public Library*30600 Pauba Road Temecula, CA 92592 Coachella Valley Animal Campus*72050 Pet Land Place Thousand Palms, CA 92276 City of Wildomar**23873 Clinton Keith Road, Suite 110 Wildomar, CA 92595 Wildomar County Library*34303 Mission Trail Wildomar, CA 92595 French Valley County Library*31526 Skyview Road Winchester, CA 92596 ***The Riverside County Registrar of Voters office ballot drop box is available 24/7 starting May 9, 2022. **May 9, 2022 - June 6, 2022, during regular city business hours; and Election Day, June 7, 2022, 7:00am to 8:00pm. *May 9, 2022 - June 6, 2022, Monday - Friday (excluding Holidays), 10:00am to 3:00pm; and Election Day, June 7, 2022, 7:00am to 8:00pm. 504 FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 APRIL 13, 2022 SPECIAL MEETING FINANCIAL ADVISORY COMMISSION SPECIAL MEETING MINUTES WEDNESDAY, APRIL 13, 2022 CALL TO ORDER A special meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chair Batavick. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the public, the Financial Advisory Commission, the City Manager, City Attorney, City Staff, and City Consultants may participate in this special meeting by teleconference. PRESENT: Commissioners Anderson, Campbell, Dorsey, Mast, Mills, Way (joined at 4:04 p.m.), and Chair Batavick ABSENT: None STAFF PRESENT: Finance Director Martinez, Financial Services Analyst Hallick, Management Assistant Delgado, Management Specialist Mignogna, and Public Works Director/City Engineer McKinney. PLEDGE OF ALLEGIANCE Commissioner Mills led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA None COMMISSIONER WAY JOINED THE MEETING AT 4:04 P.M. CONFIRMATION OF AGENDA Staff requested that Study Session Item No. 1 be moved up and considered before the Consent Calendar. The Commission concurred. REPORTS AND INFORMATIONAL ITEM NO. 30 505 FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 APRIL 13, 2022 SPECIAL MEETING ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS None STUDY SESSION taken out of Agenda order 1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2022/23 THROUGH 2026/27 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET Management Analyst Mignogna and Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Finance Department. The Commission and staff discussed CIP transportation projects; funding type and sources; and drainage improvements. Commissioner Mast suggested resurfacing tennis courts at Fritz Burn Park. Staff said they would have maintenance staff take a look at tennis courts conditions. Further discussion followed on parks and facilities projects; La Quinta park locations; City Hall capacity improvements; appropriations for Measure G funding for the Highway 111 Corridor (Corridor) project; possible grant funding for Corridor; overview of Corridor current phase plan; next steps for consultants for the Corridor project; cost and challenges for Village Underground utilities project; Phase II of citywide Public Safety Camera System (PSCS) installations and camera use; potential funding for PSCS; Washington Street sidewalk improvements for fiscal year 2023/24; and Measure G projections for fiscal year 2022/23. The Commission and staff discussed budgeting process for CIP and process for funding projects. The Commission expressed general consensus for the proposed CIP budget as presented; and recommended staff provide the Commission with continuous updates on the Corridor project projected appropriations as they become available. CONSENT CALENDAR ITEMS taken out of Agenda order 1. APPROVE MEETING MINUTES DATED FEBRUARY 9, 2022 2. RECEIVE AND FILE SECOND QUARTER FISCAL YEAR 2021/22 TREASURY REPORTS FOR OCTOBER, NOVEMBER, DECEMBER 2021 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2021 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2022 506 FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 APRIL 13, 2022 SPECIAL MEETING Motion A motion was made and seconded by Commissioners Campbell/Mast to approve the Consent Calendar as submitted. Motion passed unanimously. BUSINESS SESSION 1. RECEIVE AND FILE FISCAL YEAR 2021/22 MID-YEAR BUDGET REPORT (Report) Finance Director Martinez presented the staff report, which is on file in the Finance Department. Commissioner Dorsey inquired about the unassigned fund balance for fiscal year 2020/21. Staff said it was a little over $19 million. The Commission and staff discussed review of credit card fees in upcoming fee study (study) and process for study; amounts appropriated for Dune Palms Bridge project; pay down process for pension liability; and second quarter budget adjustments listed on Exhibit 1 included in the staff report. The Commission recommended holding a future study session for an overview update on CIP project accounting and activity reporting. Motion A motion was made and seconded by Commissioners Way/Anderson to receive and file fiscal year 2021/22 mid-year budget report, as submitted. Motion passed unanimously. STUDY SESSION Continued 2. REVIEW AND DISCUSS THE 2022 COMMUNITY WORKSHOP Finance Director Martinez presented the staff report, which is on file in the Finance Department. Commissioner Mills commended Commissioners Batavick and Way on their assistance of simplifying the 10-year Financial Projections (Projections) report. The Commission suggested staff provide the previously used spreadsheet for Projections to the Commission for review in a future Commission meeting as a study session item. DEPARTMENTAL REPORTS All reports are on file in the Finance Department. 1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES 507 FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 APRIL 13, 2022 SPECIAL MEETING Finance Director Martinez thanked the Commission for their participation in the 2022 Community Workshop on March 12, 2022, and the Special Joint Council, Boards, Commissions, and Committees meeting on March 28, 2022. The Commission inquired on transient occupancy tax sharing agreements and how they are disclosed in the Annual Comprehensive Financial Report. None ADJOURNMENT There being no further business, it was moved by Commissioner Campbell/Mast to adjourn this meeting at 6:11 p.m. Motion passed unanimously. Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California 508 POWER POINTS CITY COUNCIL MEETING MAY 17, 2022 May 17, 2022 1 City Council Meeting May 17, 2022 Pledge of Allegiance 1 2 May 17, 2022 2 Public Comment - Teleconference Join virtually via Zoom https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 “Raise Hand” to speak Limit Comments to 3 minutes Public Comment - Teleconference Join virtually via Zoom by phone: (253) 215 - 8782 Meeting ID: 825 4087 9912 *9 = Raise Hand; *6 = Unmute Limit Comments to 3 minutes 3 4 May 17, 2022 3 Public Comment – Raise Hand Public Comment – Raise Hand 5 6 May 17, 2022 4 Public Comment Via Teleconference In Progress https://us06web.zoom.us/j/82540879912 Meeting ID: 825 4087 9912 Telephone: (253) 215-8782 “Raise Hand” to request to speak *9 = Raise Hand; *6 = Unmute Limit Comments to 3 minutes City Council Meeting May 17, 2022 Presentations 7 8 May 17, 2022 5 City Council Meeting May 17, 2022 P2 – CVAG – CV Conservation Commission 2021 CV Multi Species Habitat Conservation Plan Annual Report 2021 CVMSHCP Annual Report & public workshop 9 10 May 17, 2022 6 CVMSHCP Background CVMSHCP by the Numbers •1.1 million acre service area •20 state, regional, and local permittees •27 covered plant and animal species •27 natural communities •3 essential ecological processes •21 priority conservation areas 11 12 May 17, 2022 7 Conservation Progress 0 20,000 40,000 60,000 80,000 100,000 120,000 State & Federal Local Permittee ComplementaryAcres Conservation Type Goal Progress 13 14 May 17, 2022 8 GOA L PROGRES S Conservation Progress 15 16 May 17, 2022 9 Whitewater Floodplain 17 18 May 17, 2022 10 Santa Rosa & San Jacinto Mountains 19 20 May 17, 2022 11 Authorized Impacts to Conservation Areas Monitoring Program 21 22 May 17, 2022 12 Land Management Invasive Species 23 24 May 17, 2022 13 25 26 May 17, 2022 14 City Council Meeting May 17, 2022 B1- Approve MOU for Greater Coachella Valley Chamber of Commerce for FY 2022/23 Overview •Agreement since 1991 to support business development, retention, and tourism •City would fund event sponsorship, business engagement, and an upgraded bi-monthly version of The Gem 27 28 May 17, 2022 15 Fiscal Impact •2022/23 Budget would allocate $125,000 for Chamber services to include: - The Gem $80,000 - State of the City $25,000 - Hot Rod Car Show $10,000 - Business Engagement $10,000 Fiscal Impact •Cancelled events due to COVID-19 – no charge •$26,500 increase from 2021/22 MOU 29 30 May 17, 2022 16 The Gem •Improve The Gem publication: •Change to bi-monthly •Increase content through six (6) publications •Increase city page count to 10-12 pages •Upgrade front and back covers •Increase page count per publication The Gem Inspiration 31 32 May 17, 2022 17 State of the City •Elevated event due to 40th Anniversary: •Dedicated Event Specialist for coordination •Enhancement/upgrade options •Includes AV enhancement, upgraded dining options, and outdoor package Hot Rod & Custom Car Show •Upgraded event •Chamber manage exhibitors, security, beer garden, food vendors, entertainment and licensing •Multi-year plan to evolve the Car Show into well-branded classic car show among the ranks of other statewide shows 33 34 May 17, 2022 18 Hot Rod & Custom Car Show Inspiration Business Outreach/Services •Ombudsman-like services •Strategic Advertising/PR •Regional Investment •Workforce and Business Development •Data Collection 35 36 May 17, 2022 19 Questions/Comments This Photo by Unknown Author is licensed under CC BY‐SA‐NC 37 38 May 17, 2022 20 City Council Meeting May 17, 2022 B3 – Amended Franchise Agreement for Solid Waste Handling Services Background •2007 – Initial franchise agreement with Burrtec for solid waste handling services •2016 – Amended agreement due to significant recycling legislation •Current agreement expires June 2026 •SB 1383 requirements launch in January 2022 39 40 May 17, 2022 21 SB 1383 Programs and Services •Residential food waste collection •Edible food recovery for businesses •Standardized container colors and labels •Education and outreach •Compliance reporting and State inquiries Proposed Terms •15-year term (expires June 2037) •10% Franchise Fee paid by Burrtec •New SB 1383 programs and services –Commercial and Residential organics recycling –Standardized bin colors and labels –Free food waste kitchen pail 41 42 May 17, 2022 22 Continued Services •Backyard service •Bulky item pick-up (up to 4 pieces weekly) •Street sweeping (biweekly) •Shred events (2 per year) •City facility and event support •Property tax roll billing Single-Family Dwelling 2021 Rate (existing) 2022 Rate (proposed) Service Component $11.26/month $12.35/month Disposal Component $6.40/month $6.40/month AB 939 Fee $0.10/month $0.10/month Total Rate $17.76/month $213.12/year $18.85/month $226.20/year Residential Basic Services (tax roll billing) 2022 Residential Rates 43 44 May 17, 2022 23 Rate Adjustments •SB 1383 costs spread out over first 4 years •Rates evaluated and negotiated annually for regional Consumer Price Index increase •Residential rates are, and will continue to be, among lowest Coachella Valley •Commercial recycling rates almost half cost of landfill rates, increases lower too Questions? 45 46 May 17, 2022 24 City Council Meeting May 17, 2022 S1 – Discuss Fiscal Year 2022/23 Preliminary Proposed Budget 47 48 May 17, 2022 25 BUDGET OVERVIEW Focus on General Fund and Internal Service Funds Revenues & Expenses Changes from FY 21/22 Discuss assumptions and major variances General Fund Revenues Top 3 Revenue Sources: Sales Tax revenue $24.5 million Transient Occupancy Tax (TOT) $12.5 million Property Tax revenue $9.9 million General Fund Revenues 2021/22 Original 2021/22 Current 2022/23 Proposed Change Current V. Proposed % Change Taxes 45,957,000 51,157,000 54,646,700 3,489,700 7% License & Permits 2,252,000 3,122,000 2,823,200 (298,800) -10% Intergovernmental 8,251,100 8,454,422 7,653,000 (801,422) -9% Charges for Services 876,010 876,010 1,081,100 205,090 23% Fines & Assessment 294,000 609,000 462,000 (147,000) -24% Other/Misc. 1,174,100 1,174,100 1,155,100 (19,000) -2% Total Revenues 58,804,210 65,392,532 67,821,100 2,428,568 4% 49 50 May 17, 2022 26 General Fund Expenses •Overall increase to all divisions due to: –Salary & Benefits: annual step increases and CalPERS rates –Contract Services: inflationary impacts –Internal Service charges: software updates, operating & machinery costs, and park upgrades General Fund Expenditures 2021/22 Original 2021/22 Current 2022/23 Proposed Change Current V. Proposed City Council 302,200 302,200 351,400 49,200 City Manager's Department 1,076,000 1,076,000 1,177,540 101,540 Marketing & Community Relations 1,325,900 1,425,900 1,632,128 206,228 City Attorney 696,000 796,000 796,000 - City Clerk's Department 625,200 635,200 1,257,526 622,326 Human Resources 376,000 411,000 495,698 84,698 Police 17,855,100 17,865,100 18,185,900 320,800 Fire 7,660,800 8,550,486 8,851,872 301,386 Community Resources Admin. 808,500 828,500 880,480 51,980 Wellness Center Operations 597,900 627,900 682,102 54,202 Recreational Programs & Events 908,300 1,078,300 1,088,734 10,434 Code Compliance/Animal Control 1,506,320 1,506,320 1,663,996 157,676 Parks Maintenance 2,530,900 2,580,900 3,047,222 466,322 Public Buildings 1,321,200 1,321,200 1,390,052 68,852 Public Works Administration 739,900 739,900 794,862 54,962 Public Works Dev. Services 431,200 448,200 512,960 64,760 Streets Department 496,600 498,600 754,768 256,168 Engineering Services 761,800 1,101,900 1,020,756 (81,144) Design & Development Admin. 656,200 696,200 756,824 60,624 Planning 678,600 678,600 744,830 66,230 Building 919,800 1,094,800 1,291,362 196,562 The Hub 986,000 1,036,000 1,236,482 200,482 Finance 1,444,100 1,444,100 1,595,830 151,730 Centralized Services 10,458,206 23,880,932 13,847,100 (10,033,832) Total Expenditures 55,162,726 70,624,238 64,056,424 (6,567,814) Internal Service Funds •Support the City’s internal operations •Majority of revenues derived from the General Fund based on employee & equipment allocations Fund Current FY 21/22 Proposed FY 22/23 Variance Equipment Replacement 1,319,714 1,608,750 289,036 Information Technology 2,256,627 2,258,054 1,427 Park Equipment 255,000 545,000 290,000 Insurance Fund 936,800 984,100 47,300 4,768,141 5,395,904 627,763 INTERNAL SERVICE FUNDS SUMMARY 51 52 May 17, 2022 27 General Fund Summary Revenues 67,821,100$ Less Operating/CIP Expenses (64,056,424) Preliminary Budget Surplus 3,764,676 Less Measure G Reserves (3,353,000) BUDGET SURPLUS 411,676$ GENERAL FUND FY 2022/23 PROPOSED BUDGET Measure G Sales Tax Revenue 13,500,000$ Police Services (5,100,000) Capital Improvements (5,047,000) Available for Appropriation 3,353,000$ MEASURE G SALES TAX SUMMARY FY 2022/23 Budget Schedule •June 1 – Financial Advisory Commission •June 7 – City Council – Study Session #2 •June 8 – Housing Commission •June 21 – City Council, Adoption For the latest budget information visit: www.laquintaca.gov/business/finance/budget 53 54 May 17, 2022 28 55 56 HAND OUTS CITY COUNCIL MEETING MAY 17, 2022 CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES CITY COUNCIL MEETING - MAY 17, 2022 - HAND-OUT BY PAM MALOOF & DENISE WELCH MATTERS NOT ON THE AGENDA - "HELPING YOU HEAL GARDENS" - IDEAS & PERPSECTIVES WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING MAY 17, 2022 LQRRD May 3, 2022 letter to the City Council continued Alena Callimanis La Quinta CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - LQRRD LETTER TO CITY COUNCIL CONTINUED Our May 3 letter was only focused on Commissioner McCune’s comments to the public It is unfortunately that all the attention was given to my comment during my presentation to Commissioner McCune also disrespecting other Commissioners CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - LQRRD LETTER TO CITY COUNCIL CONTINUED •Ms. Nicole Criste gave guidance that the Planning Commission can discuss STVRs and Tax Revenues among other things because it would be the basis of the EIR Statement for Overriding Considerations •As you are aware,this Statement must be generated when approving an EIR that has unavoidable adverse environmental impacts, which this EIR does, including higher GreenHouse Gas Emissions than legislated by the State of California, and non-mitigatable issues with aesthetics •Of course this Statement of Overriding Considerations must be supported by substantial evidence in the record CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - LQRRD LETTER TO CITY COUNCIL CONTINUED Regarding Commissioner McCune’s Comments •“If a private owner wants to develop a gated, walled community by his own money, who am I to say no”, per Commissioner McCune. •Per Ms. Criste’s guidance to the Commissioners, it is his role to provide appropriate feedback •The Commissioner should have recused himself if he felt he should not provide comments CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - LQRRD LETTER TO CITY COUNCIL CONTINUED LQRRD has provided factual, respectful comments throughout this process •“Most public comment is only here because it is against something. People don’t come here to support something in my history. So they will do anything they can to comment against something, even if it is redundant, off point, call it a circus, call it an amusement park, do whatever you want”.Per Commissioner McCune. •Implications are Commissioner McCune did not pay attention to any of our presentations by his comments •This was extremely disrespectful and not appropriate CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - LQRRD LETTER TO CITY COUNCIL CONTINUED There were many presentations, both for Coral Mountain and Against Coral Mountain •“People who are for the project are very quiet because they have to livein the same communities as those that don’t support the project, so you never hear from them”, per Commissioner McCune •However, there were many presentations from supporters as well as theopposition during public testimony on March 22, April 12 and April 26. •Perhaps there are more presentations from people against the projectinstead of for the project because Residents are overwhelmingly againstthe project? CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - LQRRD LETTER TO CITY COUNCIL CONTINUED We expect the City Council to have a discussion with Commissioner McCune •We understand from City Attorney Ihrke that Commissioner McCune is free from any legal ramifications •However, is he free from showing respect to the Public and making a mockery of his role as a La Quinta Planning Commissioner by his comments? CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS MATTERS NOT ON THE AGENDA - LQRRD LETTER TO CITY COUNCIL CONTINUED May 3, 2022 To: John Pena <jpena@laquintaca.gov> cc: Linda Evans <levans@laquintaca.gov>, fitzpatrick Kathleen <kfitzpatrick@laquintaca.gov>, rradi@laquintaca.gov,ssanchez@laquintaca.gov, Danny Castro <dcastro@laquintaca.gov>,Jon McMillen <jmcmillen@laquintaca.gov> Regarding: Important Regarding the Site Development Permit for the Wave Basin John, as you are aware, the Planning Commission did not approve the Site Development Permit for the Wave Basin. Chairman Nieto felt there was not enough detail on the north side of the wave basin to be able to evaluate the safety measures for children since the hotel, casitas and boardwalk are on that side of the wave basin. However, I think of even bigger concern is the east end of the wave basin. That is going to be 400 feet wide, curved, and is where the beginner and novice surfers will get lessons or people will surf the gentler waves. As you remember from the lighting demonstration when you were at my house, there is very little room between my house and the eighty foot light they were using for the demonstration. The reason for my safety concern is that along the side of my property is the only vehicular passageway, including all hotel and landscape maintenance vehicles, repair trucks, delivery vehicles, etc., that need to go between 60th and the north side of the pool. Vehicular traffic is not allowed on the west side of the Wave Pool on the Coral Mountain side because of the open space/recreation. For your information, there will also be beginner and novice surfers at the west end of the Wave Pool. I would like you to ask Staff to immediately request the developer to lay out the full 400 foot outline for the east edge of the wave basin, including the location of the lights. This is a requirement to determine how much room is available between the edge of the pool and the vehicular traffic, with lanes wide enough for trucks, and a minimum of one lane in each direction. There must be space available not only to enable surfers, which may be mostly children, to safely entry and leave the wave basin, but to also allow parents or guardians to safely stay out of the wave basin and still be able to monitor their children, which is a Public Health Safety Requirement for younger children. There will also be a requirement to safely leave the pool and walk from the East end of the wave basin back to the north end. In addition, the pulley system that pulls the hydrofoil also extends out beyond the wave basin on the east side. It is vitally important that all of this is factored into the Planning Commission safety review of the SDP. Obviously none of this was required in Lemoore so they have no experience already in this area. Thank you for your immediate attention to this. The Planning Commission cannot effectively review the SDP without this level of information. I would also appreciate it if you could forward this note to the Planning Commission members. Sincerely, Lisa Castro La Quinta, CA 92253 CITY COUNCIL MEETING - MAY 17, 2022 - WRITTEN COMMENTS BY RESIDENT LISA CASTRO MATTERS NOT ON THE AGENDA - CORAL MOUNTAIN WAVE BASIN SITE DEVELOPMENT PERMIT FURTHER REVIEW Lisa Castro Letter to John Pena and City Council May 3, 2022 Presented by Carolyn Winnor La Quinta CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT LISA CASTRO, PRESENTED BY CAROLYN WINNOR MATTERS NOT ON THE AGENDA - THE WAVE AT CORAL MOUNTAIN SDP NEEDS FURTHER REVIEW •All cars and trucks must go along the East side (Lisa Castro side) •There must be access along Lisa’s property for CVWD to turn on water for date farm and also access needed for Wave pool water •We need the outline of the lights and the surf basin to understand if enough room for safety for children/beginners carrying surfboards from Road traffic and by State Law for parents/guardians to supervise children under 18 CITY COUNCIL MEETING - MAY 17, 2022 - PUBLIC COMMENTS BY RESIDENT LISA CASTRO, PRESENTED BY CAROLYN WINNOR MATTERS NOT ON THE AGENDA - THE WAVE AT CORAL MOUNTAIN SDP NEEDS FURTHER REVIEW 1 From:Duna La Quinta Board of Directors <dunahoa@gmail.com> Sent:Tuesday, May 17, 2022 11:15 AM To:City Clerk Mail Cc:; DON COX; Edward Rodgers; Keith Meyer; PAT & JANICE MC COY, TRUSTEES; Steven Gardner Subject:City Council Meeting Written Comments - Duna La Quinta Homeowners Association - Public Comments EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. May 17, 2022 The Honorable Mayor Linda Evans Members of the La Quinta City Council RE: WRITTEN COMMENTS By Keith Meyer, City of La Quinta Resident Public Comments about Proposed High‐Density Developments at Washington Street/Avenue 50 Dear Mayor Evans and City Council Members, Duna La Quinta is a medium‐high‐density development of condominiums and single‐family homes on the south side of Avenue 50 between Washington Street and Eisenhower Drive. The entire development is made up of three HOAs, Duna La Quinta No. 1, Duna Gardens, and Villa Vista. All totaled, there are 180 dwelling units in Duna La Quinta among the three HOAs. We are directly across Washington Street from two proposed high‐density developments on the east side of Washington Street, specifically a low‐income housing project on the south side of Ave 50 "The Crossings", and a large apartment project in planning on the north side of Ave 50, "Troutdale". We are opposed to these projects as being incompatible with the surrounding land uses: 1.Both projects will affect the designated floodway area that conveys flood water from the Santa Rosa Mountains to the Salton Sea. 2.High‐Density apartments are inappropriate in this “resort” zone. There are 250 dwelling units on the entire south side of Avenue 50 between Washington and Eisenhower. Adding 280 units to just the northeast corner is unprecedented densification and will detract greatly from the cohesiveness of the 50th Avenue Corridor between Eisenhower and Jefferson. We recognize that the City is under mandate CITY COUNCIL MEETING - MAY 17, 2022 - WRITTEN COMMENTS BY RESIDENT KEITH MEYER MATTERS NOT ON THE AGENDA - OPPOSING HOUSING DEVELOPMENT ON AVE 50 AND WASHINGTON ST 2 to provide 1,530 affordable housing units by 2030. However, there are much better places in La Quinta for apartments to be closer to jobs and closer to shopping. Both the Highway 111 corridor and closer to the Old Town core are ideal for this purpose. 3.Traffic is already bad during peak season in the valley, and particularly on the Washington Street and Avenue 50 corridors. According to the Institute of Transportation Engineers, adding a combined 310‐320 units (combined developments) would generate an additional 1900‐2200 vehicle trips per day. 4.In the City’s 2035 General Plan, these two parcels with pending development were identified as “underutilized” land and designated as Residential‐Medium‐Density and Residential‐Medium‐High density. We are greatly opposed to high‐density residential and low‐income projects on these parcels. The number of designated Vacant Commercial properties close to the Old Town core area is high and would be much better to be rezoned high‐density residential…better services, parks, schools, shopping, and employment. To that end, the City should accelerate its stated Program 1.1.b from the Housing Element Update: “The City will merge its parcels in the Village to facilitate the consolidation of these lots for sale through the Surplus Land Act.” 5.The City of La Quinta has taken great effort to rid it's residential neighborhoods of the nuisances caused by short‐term rentals. We would remind you that GOAL H‐4 of the 2021 Housing Element Update states “Conserve and improve the quality of existing La Quinta neighborhoods and individual properties.” Introducing large‐scale high‐density apartment projects into a resort residential community is no better than short‐term rentals and in direct conflict with that goal of conserving and improving the city’s neighborhoods. We all desire that the “Gem of the Desert” remain so, and not become another densified urban place, particularly near the La Quinta Resort and surrounding resort communities. Please consider alternate developments for these sites and focus your attention on new apartment complexes closer to either the Old Town core or the Highway 111 corridor, as is now the case. Very truly yours, DUNA LA QUINTA NO. 1 HOMEOWNERS ASSOCIATION Keith Meyer, PE President CITY COUNCIL MEETING - MAY 17, 2022 - WRITTEN COMMENTS BY RESIDENT KEITH MEYER MATTERS NOT ON THE AGENDA - OPPOSING HOUSING DEVELOPMENT ON AVE 50 AND WASHINGTON ST La Quinta New Development Zoning: Serving the Elite 4 May 2022 Dear City Clerk Monika Radeva, I fear the combination of short-term vacation rental (STVR) density deceleration, coupled with the new Tourist Commercial (TC District)/other STVR-approved zone designations, may not serve the best interests of current STVR operators. The density deceleration of non-permitted STVR areas, such in the La Quinta Cove, continue to reduce the number of mom-and-pops thriving in the local tourism-housing industry. While limiting density here is understandable, the city must acknowledge that these new regulations have forced La Quinta STVR investors to solely pursue TC Districts, or other STVR-approved districts, to continue or expand their footprint in providing short-term housing solutions. While this may be a good thing, I fear the new TC District zones, under current guidance from the City of La Quinta, appear to only facilitate investments from the rich, or from corporations or investor groups, while neglecting the mom-and-pops. For example, how is a home-owner in the cove, with an income of $60,000 per year, able to finance a $1.3 million home in PGA Signature, or a $1 million+ condo at Kelly Slater’s new surf park? The truth is they can’t. In fact, most local business owners that support STVR housing will not be able to buy into these elite new properties. Coupled with the slow decline in homes for rent, as well as limited “budget-friendly” STVR options (such as Legacy Villas), the average tourist will likely shift to more affordable locations outside city limits. One solution would be to create a new mandate in TC developments, where smaller, affordable units must be set aside for current STVR owners to purchase and operate. Remember, these are the people who have paid into the TOT coffers for several years, while supporting their own cleaning, landscape, and maintenance crews that also rely on such income from tourist housing. Without creative solutions like this, in 10 years most of the tourist housing income will go to investor groups and elites who can afford high-end properties. While this may be beneficial from a tax collection perspective, it shows no allegiance to those who rightfully deserve a shot to stay in business. Personally, as an STVR owner, I’d like to stay in business, continue to support my team, and continue to pay my taxes to support the City of La Quinta. Due to my history as an STVR-owner, I could testify for hours to I have done, personally, to make La Quinta a better place. I may not be “rich,” however I am “great” for the city, and I’d like a “fair” shot. If Kelly Slater is forced to build 50 units, or even half his units, under $500k, his people will still make money. While Kelly Slater, Kim Kardashian, and the Madison Club are cool, doesn’t the City want to take care of its own, also? Best regards, Morgan Myrmo CITY COUNCIL MEETING - MAY 17, 2022 - WRITTEN COMMENTS BY RESIDENT MORGAN MYRMO MATTERS NOT ON THE AGENDA - IN SUPPORT OF SHORT-TERM VACATION RENTALS