Loading...
2023 03 07 Counciltad 0 � o ta - GEM of the DESERT — City Council agendas and staff reports are available on the City's web page: www.LaQuin taCA.pov CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MARCH 7, 2023 AT 4:00 P.M. Members of the public may listen to this meeting by tuning -in live via http://laguinta.12milesout.com/video/live. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans PLEDGE OF ALLEGIANCE CONFIRMATION OF AGENDA PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in -person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to CityClerkMail(a)_LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in -person during the meeting by completing a "Request to Speak" form and submitting it to the City Clerk; it is requested that this takes CITY COUNCIL AGENDA Page 1 of 6 MARCH 7, 2023 place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a "Request to Speak" form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. Verbal public comments are defined as comments provided in the speakers' own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City's Internet Web site and any other Internet Web -based platform or other Web -based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed above. 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)]. TELECUNFERENCE ACCESSIBILITY — INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to `just cause" or "emergency circumstances," as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. CITY COUNCIL AGENDA Page 2 of 6 MARCH 7, 2023 ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. PRESENTATION BY STUDENTS FROM LA QUINTA HIGH SCHOOL ASSOCIATED STUDENT BODY PROGRAM CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE COUNCIL MEETING MINUTES OF FEBRUARY 7, 2023 2. APPROVE SPECIAL COUNCIL MEETING MINUTES OF FEBRUARY 15, 2023 3. APPROVE COUNCIL MEETING MINUTES OF FEBRUARY 21, 2023 4. APPROVE DECLARATION AND DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT 5. AUTHORIZE OVERNIGHT TRAVEL FOR ONE COUNCILMEMBER TO ATTEND 03 THE LEAGUE OF CALIFORNIA CITIES CITY LEADERS SUMMIT IN SACRAMENTO, CALIFORNIA, APRIL 12-14, 2023 6. APPROVE DEMAND REGISTERS DATED FEBRUARY 17 AND FEBRUARY 24, 55 2023 STUDY SESSION PAGE 1. DISCUSS CONVERTING RIVERSIDE COUNTY SHERIFF'S DEPARTMENT 7,1 TRAFFIC CAR OFFICER POSITION TO A MOTOR OFFICER POSITION 2. DISCUSS NEW IMPROVEMENTS IN PUBLIC SAFETY TECHNOLOGY COST AND BENEFITS ANALYSIS 3. DISCUSS FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 DRAFT MASTER PLAN BUSINESS SESSION PAGE 1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, INC. THROUGH SOURCEWELL COOPERATIVE PURCHASING FOR INSTALLATION OF SHADE STRUCTURES AT FRITZ BURNS PARK PROJECT NO. 2022-26 AND X-PARK PROJECT NO. 2022-28 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH KILEY AND ASSOCIATES, LLC TO PROVIDE FEDERAL LOBBYIST SERVICES CITY COUNCIL AGENDA Page 3 of 6 MARCH 7, 2023 3. AUTHORIZE A MEMBER OF THE CITY COUNCIL TO ISSUE A LETTER OF CONCERN TO REINSTATE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT SCHOOL RESOURCE OFFICERS AT COACHELLA VALLEY UNIFIED SCHOOL DISTRICT SCHOOLS PUBLIC HEARINGS — None DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES — QUARTERLY REPORT OCTOBER — 223 DECEMBER 2022 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC WORKS 8. POLICE — QUARTERLY REPORT OCTOBER — DECEMBER 2022 233 9. FIRE — QUARTERLY REPORT OCTOBER — DECEMBER 2022 237 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 (McGarrey) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena) 13. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Fitzpatrick) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Pena & Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Pena) 17. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 18. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY POLICY COMMITTEE (Pena) 19. IMPERIAL IRRIGATION DISTRICT — ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey) 20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena) CITY COUNCIL AGENDA Page 4 of 6 MARCH 7, 2023 21. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) 22. SUNLINE TRANSIT AGENCY (Pena) 23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 24. ANIMAL CAMPUS COMMISSION (Sanchez) 25. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY COMMITTEE (Sanchez & Pena) 26. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 27. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES OF DECEMBER 21, 2022 28. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES OF FEBRUARY 15, 2023 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on March 21, 2023, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on March 2, 2023. DATED: March 2, 2023 MONIKA RADEVA, City Clerk City of La Quinta, California 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, 24- hours in advance of the meeting and accommodations will be made. • If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. CITY COUNCIL AGENDA Page 5 of 6 MARCH 7, 2023 241 247 *** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449*** APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT 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/they to speak on the item(s) requested. Please note — members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/m/82540879912 Meeting ID: 825 4087 9912 Or join by phone: (253) 215 — 8782 Written public comments — can be provided in person during the meeting or emailed to the City Clerk's Office at CityClerkMail(a-)-LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk's Office can accommodate such request. CITY COUNCIL AGENDA Page 6 of 6 MARCH 7, 2023 CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 7, 2023 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA Councilmember McGarrey said she will recuse herself and abstain from the discussion and vote on Consent Calendar Item No. 12 due to a potential conflict of interest stemming from a business relationship as her employer is Southern California Gas Company; and requested that this item be pulled for a separate vote. Council concurred. CLOSED SESSION 1. SEMI-ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported Council completed the City Manager's semi-annual performance evaluation and no actions were taken that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Pena led the audience in the Pledge of Allegiance. CITY COUNCIL MINUTES Page 1 of 8 FEBRUARY 7, 2023 7 Taken out of Agenda order >>> ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS RIVERSIDE COUNTY TRANSPORTATION COMMITTEE COACHELLA VALLEY RAIL UPDATE — PRESENTATION BY DEPUTY EXECUTIVE DIRECTOR AARON HAKE Deputy Executive Director Hake provided a presentation on the Riverside County Transportation Committee's progress on the Coachella Valley Rail, a daily intercity commuter rail service to/from the Counties of Riverside, San Bernardino, Los Angeles, and Orange with nine stations from Union Station in Los Angeles to the City of Coachella. Mr. Hake answered Council's questions regarding funding; economic benefits to the Coachella Valley; criteria for rail station locations; partnership with CalTrans; third rail timeline; Union Pacific involvement; emission reduction studies; possibility of moving the existing Palm Springs station to a more accessible location; reasons for constructing a third rail as opposed to installing spurs to allow freight -commuter train sharing of existing tracks; and Amtrak's interest in establishing a Los Angeles -Phoenix -Tucson commuter rail. Taken out of Agenda order >>> PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Kay Wolff, La Quinta — spoke regarding the City's Short -Term Vacation Rentals (STVR) Program. Ms. Wolff noted that the City ordinance has two flaws: (1) there is no end date for STVRs operating in residential neighborhoods, and (2) the ban on new permits can be rescinded by future Councils; Councilmembers will be lobbied by investors to lift the ban on new STVRs; residents are still living with STVR; and residents are waiting for Council to reaffirm its commitment to the ban on new permits and to strengthen the ordinance. City Manager McMillen announced that a periodic review and discussion of the STVR program is scheduled for the first Council meeting in March. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES OF JANUARY 17, 2023 2. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2022-08 3. AWARD CONTRACT TO CALIFORNIA COMMERCIAL POOLS, INC., FOR LA QUINTA PARK SPLASH PAD RENOVATION PROJECT NO. 2022-19 CITY COUNCIL MINUTES Page 2 of 8 FEBRUARY 7, 2023 8 4. ACCEPT THE LA QUINTA LANDSCAPE IMPROVEMENTS PROJECT NO. 2016-03G, LOCATED AT THE LA QUINTA X-PARK, ON THE SOUTH SIDE OF WESTWARD HO DRIVE AND EAST SIDE OF DUNE PALMS ROAD 5. ACCEPT JEFFERSON STREET AT AVENUE 53 ROUNDABOUT PROJECT NO. 2017-09, LOCATED AT THE INTERSECTION OF JEFFERSON STREET, SILVERROCK WAY AND HIDEAWAY ENTRANCE 6. ACCEPT WASHINGTON STREET AT AVENUE 50 AND CALLE TAMPICO SIDEWALK AND AMERICAN WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2019-23, LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND AVENUE 50 AND THE SOUTHSIDE OF CALLE TAMPICO FROM CALLE OBISPO TO WASHINGTON STREET 7. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND CITY CLERKS' ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 100 IN RIVERSIDE, CALIFORNIA, MARCH 13-17, 2023 8. AUTHORIZE OVERNIGHT TRAVEL FOR THREE PLANNING COMMISSIONERS AND ONE PLANNING STAFF MEMBER TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONERS ACADEMY IN GARDEN GROVE, CALIFORNIA, MARCH 29 — 31, 2023 9. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC., FOR ADDITIONAL SPENDING AUTHORITY UP TO $175,000 FOR EXTRA WORK AND PURCHASE OF PLANT MATERIALS IN FISCAL YEAR 2022/23 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER 10. EXCUSE ABSENCES OF COMMISSIONER GUERRERO FROM THE JANUARY 24, 2023, PLANNING COMMISSION MEETING AND COMMISSIONER BATAVICK FROM THE FEBRUARY 2, 2023, FINANCIAL ADVISORY COMMISSION SPECIAL MEETING 11. APPROVE DEMAND REGISTERS DATED JANUARY 13, JANUARY 20, AND JANUARY 27, 2023 12. APPROVE DEMAND REGISTER FOR SOUTHERN CALIFORNIA GAS COMPANY DATED JANUARY 27, 2023 MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve Consent Calendar Item Nos. 1 — 11 as recommended. Motion passed unanimously. CITY COUNCIL MINUTES Page 3 of 8 FEBRUARY 7, 2023 9 CONSENT CALENDAR ITEM NO. 12 COUNCILMEMBER MCGARREY RECUSED HERSELF FROM DISCUSSION AND VOTE ON THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP WITH SOUTHERN CALIFORNIA GAS COMPANY MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to approve Consent Calendar Item No. 12 as recommended. Motion passed — ayes 4, noes 0, abstain 1 (McGarrey), absent 0. BUSINESS SESSION 1. APPROVE SECOND ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2022/23 COUNCILMEMBER MCGARREY STATED SHE SERVES AS A VOLUNTEER ON THE BOARD OF FRIENDS OF THE DESERT MOUNTAINS NON-PROFIT ORGANIZATION AND DOES NOT RECEIVE A STIPEND; THUS, THERE IS NO CONFLICT WITH HER PARTICIPATING IN THE DISCUSSION AND VOTE ON THIS ITEM MAYOR EVANS STATED SHE SERVES ON THE COACHELLA VALLEY VOLUNTEERS IN MEDICINE, A NATIONAL NON-PROFIT ALLIANCE, AND DOES NOT RECEIVE A STIPEND; THUS, THERE IS NO CONFLICT WITH HER PARTICIPATING IN THE DISCUSSION AND VOTE ON THIS ITEM Community Resources Manager Christina Calderon presented the staff report, which is on file in the Clerk's Office. Council discussed the evaluation process; encouraging students to write and apply for grant funds; partnering with the District Foundation; important work being done by these non-profit organizations; Coachella Valley Horse Rescue program and funding; and need for Angle Force data. PUBLIC SPEAKERS: Rescue Operations Director Linda Dondero and Grant Writer Brenda Vatland with Coachella Valley Horse Rescue — introduced themselves and provided detailed information on the services they provide, including the veterans' program, and children's camp. PUBLIC SPEAKER: Executive Director Tammy Martin with Friends of the Desert Mountains — introduced herself, provided details on the services they provide, including youth programs, and thanked Council for their continued support. CITY COUNCIL MINUTES Page 4 of 8 FEBRUARY 7, 2023 10 PUBLIC SPEAKER: Board Member and Secretary Aileen Alvarez with Shay's Warriors — introduced herself, spoke about the services the organization provides to cancer survivors, and thanked Council for the starter grant. MOTION — A motion was made and seconded by Councilmembers McGarrey/Sanchez to approve the second round of Community Services Grants for fiscal year 2022/23 as detailed below for a total combined grant funding of $23,000: • Angel Force $0 • Angel View $3,500 • Coachella Valley Horse Rescue $4,500 • Coachella Valley Volunteers in Medicine $5,000 • Friends of the Desert Mountains $4,500 • La Quinta High School AVID* $0 • Riverside County Sheriff Explorer Post 503 $5,000 • Shay's Warriors* $500 starter grant Motion passed unanimously. 2. APPOINT ONE COUNCILMEMBER TO SERVE ON THE PILLARS OF THE COMMUNITY, DISTINGUISHED ARTISTS, AND DISTINGUISHED ATHLETES AWARD PROGRAMS REVIEW SUBCOMMITTEE Community Resources Analyst Michael Calderon presented the staff report, which is on file in the Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Pena/McGarrey to appoint Councilmember Fitzpatrick to serve on the Pillars of the Community, Distinguished Artists, and Distinguished Athletes award programs review subcommittee as recommended. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:09 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:15 P.M. WITH ALL MEMBERS PRESENT STUDY SESSION 1. DISCUSS IMPERIAL IRRIGATION DISTRICT (IID) CONTRACT EXPIRATION AND CONSIDER OPTIONS IN MOVING FORWARD THAT ADDRESS AGING EQUIPMENT AND STRESSED POWER GRID City Manager McMillen presented the staff report, which is on file in the Clerk's Office. Council discussed the current focus and governance of IID; IID being a special district versus a stockholder corporation like Southern California Edison Co.; Riverside County's non -representation on the IID Board; importance of representation on the IID Board if IID continues to provide service to La Quinta residents; inability for La Quinta to grow unless CITY COUNCIL MINUTES Page 5 of 8 FEBRUARY 7, 2023 11 infrastructure is upgraded and aging equipment replaced; allowance of self -generation by developers via wind, solar, gas, etc.; future existence of IID; both increased capacity for new in -fill projects and replacement of existing deteriorating infrastructure need significant funds and currently there is no source of those funds; need for media to cover this important matter, i.e., what entity will provide electricity in 2033, how will upgrades be funded, what will rates look like, will customers be represented, etc.; statewide move to electric -powered vehicles stressing the grid; challenge of resolving matter when there are multiple cities, jurisdictions, and agencies involved; unclear as to what entity owns the infrastructure; the 1934 Compromise Agreement terms, including the imprecise language on infrastructure ownership; City's ability to establish its own utility district; working with other City Attorneys to scrutinize and dissect the 1934 Compromise Agreement, subsequent agreements, and Agreement performance/non-performance; owner of infrastructure would be responsible for repairs and upgrades, and would be the entity to issue bonds to fund upgrades; City's options for buying/leasing land for a solar farm; possibility of Coachella Valley Water District (CVWD) providing electricity in the future; possibility of eastern Coachella Valley customers creating their own special district; Local Agency Formation Commission (LAFCO) energy study underway will provide governance options only, no recommendations; I ID's Energy Consumers Advisory Committee (ECAC) and the newly formed IID Coachella Valley Energy Commission (CVEC) have no vote, authority, or power, only provide recommendations to the IID Board; past efforts of State Assemblyman Chad Mayes to get representation on the IID Board for all its customers; possibility of allowing off -grid, self-sustaining projects; conflict between mandated State affordable housing project and insufficient power to supply them; lead time for delivery of new generators, transformers and utility poles; important to provide incentives for rooftop solar installation in IID territory; the pending failure of IID transformers, wood poles, etc.; the need for IID to stockpile replacement equipment for emergencies, such as a major earthquake; need to explore the effect the proposed Chuckwalla National Monument, which contains IID transmission lines, would have on future energy service; getting County Supervisor Perez personally involved; providing guidelines to LAFCO regarding La Quinta's position; State's Public Utilities Commission does not have jurisdiction over IID because it is a special district, not a public utility company; LAFCO is the agency that has jurisdiction; need to engage regional partners; and importance of City Managers working daily behind -the -scenes to study problem and examine solutions. PUBLIC SPEAKER: Philip Bettencourt, La Quinta, At -Large Commissioner on the IID CVEC — said it's important for each stakeholder city to develop its own economic and intellectual library of tools needed to protect constituents, and be an effective dealmaker when the time comes. Council directed City Manager McMillen to continue to work with the other City Managers within the affected regions, and for the City Attorney to work with other City Attorneys representing the affected regions to determine options and solutions available to Council. PUBLIC HEARINGS — None CITY COUNCIL MINUTES Page 6 of 8 FEBRUARY 7, 2023 12 DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. 3. STATE OF EMERGENCY RELATING TO NOVEL CORONAVIRUS DISEASE 2019 AND TELECONFERENCE ACCESSIBILITY FOR PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 2449 (RUBIO) (STATS. 2022, CH. 285) IMPLEMENTING NEW BROWN ACT PROVISIONS [GOVERNMENT CODE SECTION 54953 AND 54954.2] City Clerk Radeva summarized the teleconference requirements and procedures under AB 2449. MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans reported on her attendance at the Desert Sands Education Foundation fundraiser; Council's attendance at the Dune Palm Bridge groundbreaking ceremony on January 30, 2023; the Patriot's Luncheon; and the upcoming 100th birthday celebration for famous winemaker Miljenko "Mike" Grgich. Councilmember Sanchez reported on his attendance at the Sotheby's ribbon cutting event; and delivery of 90 tattered American flags to the American Legion for proper disposal. Councilmember McGarrey reported on her attendance at the League of California Cities, City Council Academy. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meetings: • DESERT SANDS SCHOOL DISTRICT COMMITTEE • GREATER PALM SPRINGS CONVENTION AND VISITORS' BUREAU La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organizations' meetings: • CVAG TRANSPORTATION COMMITTEE • RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta's representative for 2023, Mayor Pro Tern Sanchez reported on his participation in the following organizations' meetings: • ANIMAL CAMPUS COMMISSION • DESERT SANDS UNIFIED SCHOOL DISTRICT 2X2 COMMITTEE CITY COUNCIL MINUTES Page 7 of 8 FEBRUARY 7, 2023 13 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adjourn at 6:33 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 8 of 8 FEBRUARY 7, 2023 14 CONSENT CALENDAR ITEM NO. 2 CITY COUNCIL MINUTES SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP WEDNESDAY, FEBRUARY 15, 2023 CALL TO ORDER A special meeting of the La Quinta City Council was called to order at 5:10 p.m. by Mayor Evans to conduct the City's Annual Community Workshop at the La Quinta Wellness Center, located at 78450 Avenida La Fonda, La Quinta, CA 92253. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans ABSENT: None COMMUNITY MEMBERS SIGNED IN: 55 CITY STAFF PRESENT: 33 CONFIRMATION OF AGENDA — Confirmed PLEDGE OF ALLEGIANCE Mayor Evans led the audience in the Pledge of Allegiance ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS — None. STUDY SESSION 1. ANNUAL COMMUNITY WORKSHOP: "RECONNECT, REIMAGINE, AND RECALIBRATE" Mayor Evans welcomed all participants to the annual community workshop and explained the purpose of the workshop. City Manager McMillen introduced himself, welcomed all participants, provided an overview of the workshop agenda and objectives, and affirmed La Quinta's sacred values set by the community: • Health and Wellness • High Quality Aesthetics • Vibrant and Safe Community • Visually Beautiful City • Cultural Diversity Finance Director Martinez presented the City's current financial status and priorities. CITY COUNCIL MINUTES Page 1 of 4 MARCH 12, 2022 SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP 15 City Manager McMillen presented the City's initiatives and Big Rocks projects for fiscal year 2023/24: • Strategic Plan — a document that outlines the direction of the organization; maps out the vision for the City's growth, and lists a plan on how to get there. • Undergrounding Utilities — voted No. 1 priority by the residents at the 2022 Community Workshop; feasibility study underway. • Imperial Irrigation District— electrical services — challenges due to the current capacity of a strained grid and the need to improve the existing infrastructure, which is at the end of its useful life; collaboration with agencies within the affected areas and efforts underway. • Sphere of Influence — defines the area where the City can grow into in the future; feasibility study is underway. Management Analyst Kinley presented the City's plans to increase the number of affordable housing units in La Quinta to meet the ever-increasing State Regional Housing Needs Allocation assessment and requirements. Community Resources Manager Christina Calderon spoke of the City's efforts to implement upgrades to City parks, including additional shade structures and parking capacity. Traffic Analyst Gunterson provided an overview of the City's Public Safety Camera System, objectives, costs, and efforts to complete the Phase II implementation, which will include additional areas to the system; details will be presented at the March 21, 2023, Council meeting. Community Resources Analyst Michael Calderon provided an update on the City's Concerts in the Park series, including additional shows added over the last year, per residents' request at the 2022 Community Workshop. Management Analyst Hansen provided an update on the City's efforts to install additional shade structures throughout City parks. Community Resources Manager Christina Calderon provided an update that the Wellness Center operating hours were expanded to include Saturdays, and future efforts to include Sundays; and fitness center operations. Design and Development Director Castro provided an update on the Highway 111 Corridor revisioning plan. City Clerk Radeva provided an overview of the Short -Term Vacation Rental (STVR) Program characteristics, compliance status, and taxes, fees, and STVR Program costs for 2022, and a comparison to 2021 calendar year. Director of Business Unit and Housing Development Villalpando provided an update on the City's efforts to comply with Senate Bill 1383 imposing organics recycling requirements throughout the State. CITY COUNCIL MINUTES Page 2 of 4 MARCH 12, 2022 SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP 16 Community Resources Analyst Michael Calderon provided an update on the new X-Park facility, its operations and use. Marketing Manager Graham spoke of the design updates recently implemented to The Gem local publication and the new Love La Quinta marketing campaign. Taken out of Agenda order >>> PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Public comments were provided by several residents on the following subjects: • Reducing speeding • Police services contract • Utilities undergrounding • Talus development status update, including financing • Street sweeping • Cultural Campus design timeline • Postal services for the Cove PUBLIC SPEAKER: July Mickel, La Quinta — requested that additional pickleball courts be installed in La Quinta. PUBLIC SPEAKER: Philip Bettencourt, La Quinta — expressed his gratitude and appreciation to the La Quinta Historical Society. PUBLIC SPEAKER: Alena Callimanis, La Quinta — inquired about the City's postal services and expressed concern about recent mail theft reportings. STUDY SESSION — Continued 1. ANNUAL COMMUNITY WORKSHOP: "RECONNECT, REIMAGINE, AND RECALIBRATE" — Continued Staff presented the following five (5) projects to be voted on by residents: • Fritz Burns Upgrades / Maintenance and Operations Yard • Highway 111 Repaving (Jefferson St. to Washington St.) / Art Entry Monuments • Village Parking enhancements • Arts and Music Line Connector • Drainage Workshop participants were teamed by tables and asked to collaborate and come up with one (1) write-in project per table to be voted on by all workshop participants. The write-in projects below are listed in weighted ranking based on participants' votes: 1. Better Roads 2. Road Diet to Reduce/Improve Speeding in the Cove 3. Community Gardens CITY COUNCIL MINUTES Page 3 of 4 MARCH 12, 2022 SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP 17 4. Improving Historic Casita at Calle Tampico / Eisenhower Dr. 5. Traffic Barriers / More Bike Lanes 6. Bus Stop Shades 7. Additional Crosswalk Lights 8. Water Conservation / Turf Removal for Golf Courses 9. Art Commission 10. North La Quinta Community Center The top five (5) write-in projects listed above were added to the five (5) projects presented by the City, and participants were asked to vote on their top three (3) projects based on their priority. The projects below are listed in weighted ranking order based on all participants' votes: 1. Fritz Burns Upgrades / Maintenance and Operations Facility 2. Road Diet to Reduce/Improve Speeding in the Cove 3. Improving Historic Casita at Calle Tampico / Eisenhower Dr. 4. Better Roads 5. Village Parking enhancements 6. Traffic Barriers / More Bike Lanes 7. Arts and Music Line Connector 8. Community Gardens 9. Highway 111 Repaving (Jefferson St. to Washington St.) / Art Entry Monuments 10. Drainage CLOSING COMMENTS Mayor Evans and Councilmembers thanked the participants for their time and commitment to La Quinta; and noted community input and engagement are vital in shaping our community's future and vision of tomorrow. MAYOR'S AND COUNCILMEMBERS' ITEMS — None. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Pena/McGarrey to adjourn at 7:44 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 4 of 4 MARCH 12, 2022 SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP 18 CONSENT CALENDAR ITEM NO. 3 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 21, 2023 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:43 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Ken Calvert, United States Representative for California's 41St Congressional District — Congressman Calvert introduced himself; stated that he has served in the U.S. Congress for 30 years, is the senior Republican in the State of California, is Chair of the Defense Appropriations subcommittee, and is 2nd ranking member on the Energy and Water Appropriations Committee; stated he is looking forward to representing residents of La Quinta; is seeking input from communities on what they need from the federal government; and announced that he has opened an office in Palm Desert to serve constituents. Mayor Evans explained that she, along with Mayor Pro Tern Sanchez and city staff, met with Congressman Calvert and his staff to discuss challenges facing La Quinta and the Coachella Valley such as energy issues, infrastructure demands in the Valley, and the need for public safety grants. CONFIRMATION OF AGENDA — Confirmed CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:48 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:09 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES Page 1 of 7 FEBRUARY 21, 2023 19 REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Mayor Pro Tem Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Ronald Dennis, La Quinta — expressed concerns about the sand blowing from the Talus project site. City Manager McMillen noted the ownership interests of the SilverRock/Talus site are shared between the Coachella Valley Water District, the City, and the Robert Green Company; and explained the dust mitigation measures in place. PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker realtor, and La Quinta resident — announced the 16t" annual 2023 La Quinta Car Show will be held on Saturday, February 25, 2023, at the La Quinta Community Park, from 9 a.m. to 3 p.m.; and updated Council on membership, city walks, GEM ad sales, ribbon cuttings, Chamber 101 mixers, and State -of -the -City event in October. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. TALUS — PROJECT STATUS UPDATE President and CEO Robert Green of Robert Green Company addressed mitigation measures for blowing sand at the project site; informational meetings with golf course staff and homeowners' associations; contacted Chamber of Commerce to get on its agenda; attendance at a gathering of concerned citizens; provided details on the project's overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, 2) Montage Guestrooms, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, 7) Pendry Hotel; and loans and funding update. Council discussed loans and funding; and contractors and subcontractors under contract, and ability to commence construction again, immediately when funding is secured. CONSENT CALENDAR 1. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND DEPUTY CITY CLERK TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2023 CONFERENCE IN LONG BEACH, CALIFORNIA, MAY 30 — JUNE 1, 2023 CITY COUNCIL MINUTES Page 2 of 7 FEBRUARY 21, 2023 20 2. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCIAL SERVICES ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION ANNUAL CONFERENCE IN SAN MATEO, CALIFORNIA, APRIL 25-28, 2023 3. EXCUSE ABSENCE OF COMMISSIONER TYERMAN FROM THE FEBRUARY 28, 2023, PLANNING COMMISSION MEETING 4. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 52 TO AVENUE 54 [RESOLUTION NO. 2023-002] 5. ADOPT RESOLUTION PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY FOR THE CITY DUE TO 2019 NOVEL CORONAVIRUS DISEASE EFFECTIVE FEBRUARY 28, 2023 [RESOLUTION NO. 2023-003] 6. ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO COMPLETE ON - SITE IMPROVEMENTS FOR THE POLO VILLAS RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 33085) LOCATED WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 [RESOLUTION NO.2023-004] 7. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO.33085, POLO VILLAS, A RESIDENTIAL DEVELOPMENT LOCATED WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 8. APPROVE DEMAND REGISTERS DATED FEBRUARY 3 AND FEBRUARY 10, 2023 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2022 CONSENT CALENDAR ITEM NOS. 4 AND 5 — COMMENTS ITEM NO. 4: Mayor Evans commented the lowering of the speed limit on Jefferson St. is an action Council takes independent of the annual State study, based on a local traffic survey. ITEM NO. 5: Mayor Evans and Councilmember Fitzpatrick thanked staff, the community, and businesses for their assistance and cooperation during the COVID-19 state -of - emergency. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve the Consent Calendar as recommended, with Item Nos. 4, 5, and 6 adopting Resolutions No. 2023-002, 2023-003, and 2023-004, respectively. Motion passed unanimously. CITY COUNCIL MINUTES Page 3 of 7 FEBRUARY 21, 2023 21 BUSINESS SESSION 1. ADOPT RESOLUTION TO APPROVE THE CITY'S GENERAL FUND BALANCE AND RESERVES POLICY [RESOLUTION NO.2023-0051 Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk's Office. Council discussed the natural disaster category recommended reserves; the timeframe to receive Federal Emergency Management Agency (FEMA) and State reimbursements; insured assets not being eligible for federal/state reimbursement; losses that exceed insurance would be eligible; eligibility of insurance deductibles; unassigned funds; and gratitude to the Financial Advisory Commission (FAC) and staff. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to adopt Resolution No. 2023-005 as recommended: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE GENERAL FUND BALANCE AND RESERVES POLICY Motion passed unanimously. 2. RECEIVE AND FILE FISCAL YEAR 2022/23 MID -YEAR BUDGET REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, DESIGNATE RESERVE FUNDING ALLOCATIONS AND APPROVE ADDITIONAL DISCRETIONARY PAYMENT TO PAY OUTSTANDING PENSION [e]-31[r7_rImk,61 Finance Director Martinez presented the staff report, which is on file in the Clerk's Office. Council discussed additional funding allocation to update the Play in LQ website; repairs and maintenance of the community pool due to increased use; wellness component for employees; City Hall HVAC expenses; vehicle replacements and electric vehicles; Fritz Burns Park future study session; park equipment shade structures; increased use of all City parks; funding for parks and long-term maintenance plans; paying off the City's unfunded pension liability; effect of unfunded liabilities on the City's future financial ratings; and impact of a recession on the unfunded liability. PUBLIC SPEAKER: Richard (Dick) Mills, La Quinta — current Chair of the FAC, stated that the City is in an outstanding financial position as it has an additional $5 million in the Pension Trust fund, which means the City is 100% funded on its pension liability. CITY COUNCIL MINUTES Page 4 of 7 FEBRUARY 21, 2023 22 MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to: • Receive and file fiscal year 2022/23 Mid -Year Budget Report; • Approve the recommended budget adjustments of $840,000; • Designate $9 million in reserve funding allocations to fully fund the City's updated reserves categories as follows: ✓ Natural Disaster $15 million ($5 million increase from $10 million) ✓ Economic Downturn $13 million ($2 million increase from $11 million) ✓ Cash Flow $ 5 million (no increase) ✓ Capital Replacement $12 million ($2 million increase from $10 million) • Approve allocation of $5.2 million from General Fund Unassigned Fund Balance and $5 million from the Pension Trust fund to make an additional discretionary payment in fiscal year 2022/23 to pay down the City's unfunded pension obligations. Motion passed unanimously. STUDY SESSION 1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW FOR 2022 AND A COMPARISON TO 2021 City Clerk Radeva and Permit Technician Lorett presented the staff report, which is on file in the Clerk's Office. PUBLIC SPEAKER: Kay Wolff, La Quinta — requested that Council reaffirm the ordinances banning new STVR permits; improve and tighten enforcement with funds generated by STVRs; proposed that statistic showing no resident complaints to the STVR hotline may be due to residents giving up on satisfactory responses; proposed steps to restore public confidence in using the hotline service; offered steps to remove illegal operators and improve the program; and steps to educate residents. PUBLIC SPEAKER: Jelena Tamm, La Quinta — provided information on STVRs in the Santa Rosa Cove residential community; and requested that new STVR permits be permitted in this HOA. PUBLIC SPEAKER: Jelena Tamm, La Quinta resident and Board Member/representative of Vacation Rental Owners and Neighbors (VRON-LQ) (used speaker time donated by Quinn Tamm, La Quinta) — stated that the work of Code Enforcement, VRON-LQ, and STVR owners over the past years has resulted in a successful program; and offered assistance of VRON-LQ members should the City wish to discuss lifting the ban on new STVR permits. Council discussed the number of entitled properties in the exempt areas; Santa Rosa Cove community's vote to abide by City's ban on new permits, and not be exempt from that ban, when Council discussed a possible code amendment to establish a process for CITY COUNCIL MINUTES Page 5 of 7 FEBRUARY 21, 2023 23 such amendments back in 2021; the successful results of the four -day test of the City's complaint hotline; entities that answer the hotline each day/time of its 24/7 coverage; misinformation regarding false complaints; noise complaints from owner -occupied properties; proactive surveillance of problem areas; need for continued vigilance on unpermitted rentals; Code Compliance collaboration with HOAs security; closing gaps that unpermitted renters find to circumvent the program; frequency and methods in place to verify the number of bedrooms in each rental and cross-checking advertisements; future discussion of adjusting the ban on new Homeshare permits; Council's desire to tackle unpermitted properties; need for data from group opposing all STVRs in order to evaluate problems they raise; encouraging resident to meet with staff with suggestions for program improvement; declining density of STVRs; inability to fairly deal with STVR- density per area blocks; and administrative appeals process is to provide the required due process to the responsible party. Council reached a consensus and directed staff to bring a Study Session regarding consideration of lifting the ban on new STVR Homeshare permits; discussing a requirement for a four -fifth vote to change the current ban on the issuance of new STVR permits in permit ban areas; administration of the program in HOAs by HOA's security; and suggestions presented by public speaker Kay Wolff. WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, requesting that the issuance of new STVR permits be reinstated for the Santa Rosa Cove residential development; the comments were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Lorna and Zimmerman Beccaira, La Quinta • Paul and Barbara Chrisman, La Quinta • Ken Kristensen, La Quinta • Bruce Romans, La Quinta • Christian Schofield, La Quinta • Peter and Susan Starrett, La Quinta • Hilary Streeter, La Quinta • Marcuse Strijdveen, La Quinta • Nicole Strijdveen, La Quinta PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — None MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Pena reported on his attendance at the Date Festival Parade in Indio. Mayor Evans reported on the annual Community Workshop, held on February 15, 2023; meeting India's Ambassador to the U.S.; Palm Springs Air Museum Gala; ribbon cuttings CITY COUNCIL MINUTES Page 6 of 7 FEBRUARY 21, 2023 24 for new La Quinta businesses; leadership talk to ASB students; Find Food Bank Giving Breakfast; and La Quinta Rotary Club. Councilmember McGarrey reported on her meeting with the Girl Scouts. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organizations' meetings: • CVAG COACHELLA VALLEY CONSERVATION COMMISSION • IMPERIAL IRRIGATION DISTRICT — COACHELLA VALLEY ENERGY COMMISSION La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta's representative for 2023, Councilmember Pena reported on his participation in the following organizations' meetings: • MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES • CVAG HOMELESSNESS COMMITTEE ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers McGarrey/Sanchez to adjourn at 6:50 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 7 of 7 FEBRUARY 21, 2023 25 26 CONSENT CALENDAR ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING: March 7, 2023 STAFF REPORT AGENDA TITLE: APPROVE DECLARATION AND DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT RECOMMENDATION Approve the declaration and disposal of surplus vehicles and equipment. EXECUTIVE SUMMARY • The City has accumulated surplus, obsolete and non-functional equipment that has limited market value and one City -owned motorcycle and street sweeper that have reached the end of their functional life (Surplus). • Pursuant to the City's Surplus Supplies and Equipment Policy (Policy), Council must declare property surplus prior to sale. • Upon Council approval, a notice for bid will be advertised in The Desert Sun and on the City's website. FISCAL iMHAL;T Proceeds from equipment sales will be deposited into the original fund they were purchased from, and vehicle sales will be deposited into the Equipment Replacement Fund (501-0000-45000), which includes a hauling cost for the street sweeper with The Auction Company JAC) of approximately $800. Advertising cost in The Desert Sun will be approximately $200 and is budgeted in Finance (101-1006-60450, Advertising). iACKGROUND/ANALYSIS The Surplus consists of both functioning and non-functioning equipment that is no longer needed or has outlived its purpose (Attachment 1). Surplus items are identified by Department Directors as outlined by Policy. The Finance Department consolidates the items for Council's review. Police motorcycles have a useful lifespan of approximately 5 years or 50,000 miles. The City has determined that this City -owned motorcycle has reached the end of its useful life. Per Policy, a Department Director may determine the estimated market value. The total estimated market value, per Kelley Blue Book, for the motorcycle is $5,465, if considered in "good" condition (Attachment 2). 27 Upon Council approval, Surplus will be advertised for bid in The Desert Sun and on the City website. Staff is proposing the following schedule: • Publication posting: March 10 and 17, 2023 • Bid deadline: March 24, 2023 • Bid opening: March 27, 2023 The City contracts for street sweeping through Burrtec and the Coachella Valley Association of Governments; the City owns a street sweeping unit that has reached its end of life and is currently inoperable and will be advertised and auctioned off by TAC. TAC owners have been in the auction industry for over 30 years specializing in selling for Government Agencies and the City has utilized their services in the past. The total estimated market value of the street sweeping unit, per vendors in the United States with similar products available, if considered in "good" condition, is $50,000 (Attachment 2). Per Policy, if no bids are received, the surplus equipment will be sold at auction, donated to a non-profit organization, or discarded. ALTERNATIVES Staff does not recommend an alternative action; this process occurs so that the City may discard surplus property and equipment. Prepared by: Jessica Delgado, Management Assistant Approved by: Claudia Martinez, Finance Director Attachments: 1. List of Surplus Property and Equipment 2. List of Surplus Vehicles 28 ATTACHMENT 1 Item Number Description jffiondition 4 1413 Bicycle Trek Black WTU343C3405D Poor 1414 Bicycle Trek Black Missing Seat Unknown Poor 1415 Bicycle Trek Black WW2814357 Poor 1416 Bicycle Trek Black WW2815300 Poor 1417 Bicycle Trek Black WL3145757 Poor 1418 Bicycle Trek Black W23254182 Poor 1419 Bicycle Helmets I Bell One bag of 10 Black/White Helmets Unknown Poor t420 1420 Flashlight Streamli ht Black 520875 Poor 29 Item Number Description 1421 Flashlight Streamli ht Black 557570 Poor �a. ax 1422 Flashlight Ma li ht Black MCLM20021813 Poor t6i 1423 Flashlight Sure Fire Black PAT-6386730 Poor rau 1 Box of Miscellaneous Electronics and 1424 Electronics and Cables Unknown Cables Unknown Poor 1425 Filling Cabinet Unknown Black, 2-Drawer with Key N/A Fair 1426 Bicycle Mount Rack THULE Black 1686974 Fair i 1427 Bicycle Mounted Rack THULE Black 1924440 Fair { 1428 GPS TomTom Black L42118BO1463 Fair 30 Item Number Photo Description 1429 Computer Tower HP, Pro Desk Unknown MXL5040VCV Poor 1430 Computer Tower Dell O ti Iex 3020 Unknown 7T7SF02 Poor 1431 Computer Tower HP, Pro Desk Not Working MXL5040VFC Poor 1432 Computer Tower - Dell O ti Iex 3020 Not Working 11475205202 Poor F 1433 Computer Tower HP, Pro Desk Broken CD Rom Drive 2UA4210XZM Poor 1434 Computer Tower HP, Pro Desk Not Working MXL3520ZTR Poor 1435 Computer Tower HP Pro 3005MT Not Working MXL01918DB Poor 1436 Monitor NEC V221W Unknown 9Y104588NA Poor 31 Item Number Item Description 1437 Monitor HP Elite Display E221i Unknown 3CQ3201HGZ Poor = 1438 Monitor HP L1750 Unknown CNC820R818 Fair 1439 Monitor HP Compaq LA2205wq Working 3CQ3201 MWC Good 1440 Monitor Dell Working CN-OGXY2M-QDC00-8A5-ONUB-A07 Good 1441 Scanner Fu'itsu Scan Snap ix500 Not Working Al 3BC07828 Fair 1442 Monitor Dell Working CN-OGXY2Z Good 1443 Monitor HP Elite Display E221i Working 5005180013120BNW Fair 1444 Laptop Panasonic CF-74 Black and Grey Unknown Unknown 32 Item Number Photo Description IDA 1445 Computer Tower Unknown Unknown if Working MXL5501 R9V Poor f� J 1446 Computer Keyboards Unknown Several Keyboards N/A Poor i■ Universal Forensic 1447 Extraction Device Cellebrite Extraction Device with Carrying Bag Unknown Unknown tr r Hamilton Buhl, Model ALSR700/Dual 1448 Hearing Devices Channel Reciever Total of 6 Working and Includes Case N/A Good 1449 Haul Trailer Carry -on 2006 Cargo Trailer 4YMCL1266TO58151 Good 1450 Concrete Mixer •• Muller Mixer Mixer with Tow Bar 135700 Fair 1451 Chairs A -Line Total of 56 White Chairs N/A Good 1452 Street Stencils Unknown Serveral N/A Poor .as 3 1453 Welder Lincoln Elect 3200 HD Unknown Unknown Poor Item Number Photo Description 1454 Paint Sprayer Unknown Walk Behind Paint Sprayer Unknown Poor r 1455 Air Tank Mid -West Products Portable, 9 Gallon N/A Good Dal 1456 Office Desk National Waveworks End Panel, Laminated 17306 Good 1457 Sawzall Rigid Total of 2, Battery Operated Unknown Poor k WE& 1458 Van Shelving Weather Guard Storage Shelving N/A Good 1459 Tool Box Kobalt Black Truck Bed Tool Box N/A Fair 1460 Tool Box Huskey Black Truck Bed Tool Box N/A Fair 1461 Tool Box Weather Guard Black Truck Bed Tool Box N/A Fair 34 Item Number Item Description 1462 Tool Box Craftsman Black Truck Bed Tool Box N/A Fair 1463 Tool Box Craftsman Black Truck Bed Tool Box N/A Fair 1464 Tool Box Unknown 1 Set of Side Mount Truck Tool Boxes N/A Fair =,AA' 1465 Tool Box Unknown 1 Set of Side Mount Truck Tool Boxes N/A Fair 1466 Tool Box Unknown 1 Set of Side Mount Truck Tool Boxes N/A Fair 1467 Tool Box Unknown 1 Set of Side Mount Truck Tool Boxes N/A Fair i 1468 Ladder Rack Unknown Retractable N/A Good 4 1469 Office Supplies Several Box of Several Office Supplies N/A Fair 35 Item Number Photo Description l T d I 1470 Office Supplies Several Box of Several Office Supplies N/A Fair 1471 Office Supplies Several Box of Several Office Supplies N/A Fair y 1472 Filling Cabinet Unknown Black, 2-Drawer with Key N/A Fair 1473 Mobile Printers Zebra RW420 Black, Total of 5 Several Fair Ticket Writer and Docking 1474 Stations Zebra Unknown if Working Unknown Fair 1475 Power Adapter Zebra Black BGA12V50WOWW-163545524 Good i r 1476 Power Adapter Zebra Black BGA12V50WOWW-163545521 Good 1 1477 Power Adapter Zebra Black BGA12V50WOWW-163545528 Good 36 Item Number Photo Description 1 71 M 1478 Power Adapter Zebra Black BGA12V50WOWW-163545460 Good 1479 1479 Battery Pack Zebra Unknown if Working 27707SJS0350R4 Fair Random Chargers and 1480 Cables Several One Box of Random Changer and Cables Unknown Poor 1481 Filling Cabinet i Unknown Small Tan 3-drawer N/A Poor 1482 Fillinq Cabinet Unknown Small Black 3-drawer N/A Fair 1483 Filling Cabinet Unknown Small Black 3-drawer N/A Fair 1484 Filling Cabinet Unknown Small, Black. 3-drawer N/A Fair Kl' li l:Nf 1485 Tracker Unknown Unknown 2121 Fair 37 Item Number Item Mill Description 1486 rr+� 1486 Tracker Unknown Unknown 2074 Fair Small Rechargeable . f 1487 batteries Unknown Total of N/A Poor 1488 Filling Cabinet Unknown Large, 2-drawer N/A Fair 1489 Stackable Chairs Unknown Black N/A Fair _ 1490 GPS TomTom Unknown if Working L42118AO0574 Fair 1491 GPS 7 TomTom Unknown if Working L43128AO1417 Fair 1492 GPS TomTom Unknown if Working L42118CO0835 Fair Ilk 1493 GPS TomTom Unknown if Working L42118AO0278 Fair 38 Item Number Item Description IF, 1494 GIPS TomTom Unknown if Working L43128DO1222 Fair 1495 Motorcycle Helmet Nell Memorial Foundation Green / Tan MB355544 Poor 1496 Motorcycle Helmet Nell Memorial Foundation Green / Tan ML125615 Poor lie 1497 Motorcycle Side Saddle Box Unknown Black / White None Fair a 1498 Security Kit Kwikset Serveral Locksets None Poor Adjustable motorcycle 1499 levers Ride It Forever Model Nina 650R Not Used Unknown Good Ao f 1 Ht Radio with Charging 1500 Station Motorola Radius P110 Unknown Unknown Fair �k 1501 Random Cords ry• Unknown Box of Several Cords N/A Poor 39 Item Number Description 711 1502 Voice Recorder Son M-570V Unopened Unknown Good 54 1503 Flashlight Surefire Unknown PAT.6386730 Poor i S4.r •i 1504 Dash Cam Roav R2210 Unknown if Working Unknown Poor 1505 Motorcycle Charger y +14}y Seed Charge 600 A Unknown Unknown Fair 1506 Motorcycle Charger Seed Charge 600 A Unknown Unknown Fair 1507 Battery Tester O timate5 TM221 Unknown Unknown Poor 15O8 1508 Charging Station BMW 12V Unknown Fair I � I u 1509 Bag Tar us Black N/A Fair 40 Item Number Item Photo Description t 1510 Cables Unknown 1 Baq of Several Random Cables N/A Unknown Box of Several Cell Phones and Cell Phone 1511 Cell Phones and Cases. Apple Iphone5s, Cases Unknown Cases Several Fair F = 1512 Computer Tower Dell O ti Iex 3050 Unknown GT9F6F2 Good 1513 Computer Tower Dell O ti Iex 3020 Unknown 62JZFZ1 Good 1514 Computer Tower Dell O ti Iex 3020 Unknown 59241-102 Good 1515 Computer Tower Dell O ti lex 3020 Unknown 6ZNYFZI Good tia 1516 Computer Tower Dell O ti Iex 3020 Unknown 62BZFZ1 Good 1517 1 Computer Tower I I Dell O ti Iex 3020 Unknown 5ZZYFZ1 I Good 41 Item Number Pho Description 1518 Computer Tower d it Dell O ti Iex 3020 Unknown 2TS6H02 Good 1519 Computer Tower Dell O ti Iex 3020 Unknown 17WS382 Good � LL. 1520 Computer Tower Dell O ti lex 3020 Unknown 60ZZFZ1 Good F 1521 Computer Tower Dell O ti Iex 3020 Unknown 992LPZ1 Good LS 1522 Computer Tower Dell O ti Iex 3040 Unknown 3C78JG2 Good 1523 Laptop HP Stream 11 Pro Notebook 5CD6511 PVB Fair 6 1524 Docking station Dell K09A Missing Components N/A Good 152S 1525 Docking station Dell K09A Missing Components N/A Good 42 Item Number Item Description I �I 1526 Docking station Dell K09A Missing Components N/A Good 1527 Docking station Dell K09A Missing Components N/A Good 69 Wireless Headset with 1528 Docking station Paltronics Cracked N/A Poor W 1529 Computer Tower HP P6000 Unknown 4CE0421KY Fair 1530 Computer Tower HP Z220 Unknown 2YA4201C24 Good 1531 Computer Tower .a. Dell O ti lex 3050 Unknown HM6TJK2 Good 1532 Laptop HP Stream 11 Missing Charger 5CD6511PWD Good 1533 Computer Tower HP Pro 3400 Unknown MXL2350KTL Good 43 Item Number Item Description L 1534 Monitor Dell P2414Hb Red Line in Middle of Screen CN-0524N3-42C-2W2L Poor r 1535 Monitor Dell P2414Hb Red Line in Middle of Screen CN-0524N3-74261-450-6GGL Poor r 1536 Monitor Gateway TFT178OPS+ Unknown MW679BON03063 Poor 1537 Monitor HP W2371d Unknown 6CM3202YBR Fair 1538 Monitor Dell P2414Hb Red Line in Middle of Screen CN-0524N3-74261-42C-2WTL Fair 1539 Monitor Acer AL2616W Unknown 71600318542 Fair 1540 Monitor HP LA2405X Unknown CN431910TK Fair 1541 Phones Mitel Not Working,Box of 9 Phones N/A Poor 44 Item Number Description 1542 Laptop Acer Chrome Book Missing Charger NXG85AA001652053F37600 Fair 1543 Laptop • s.rr,� f4+ TR.iI Acer Chrome Book Missing Charger NXG85AA0016520FE7600 Fair 1544 Laptop ' TIMIN .kA- 15aa Acer Chrome Book Missing Charger NXG85AA0016520F3337600 Fair 1545 Laptop + QHFA3 35�8 Acer Chrome Book Missing Charger NXG85AA0016520F3B7600 Fair 1546 Laptop L5A 4W- 1.14� �Ra Acer Chrome Book Missing Charger 2A27600 Fair 1547 Laptop i+F{7 Acer Chrome Book Missing Charger 20E7600 Fair 1548 Laptop ir:ut 154E Acer Chrome Book Missing Charger 33D7600 Fair 1549 Laptop + rNN4 l549 Acer Chrome Book Missing Charger 2CB7600 Fair 45 Item Number Description L 1550 Laptop HP D40 Missing Charger CNU9326X3D Fair vy. 1961 L 1551 Laptop Apple A1466 Missing Charger C1MTD05BH3QF Good L56i. 1552 Laptop Dell E7440 Missing Charger 7LG9XZ1 Good 1*�i3 k 1553 Laptop Dell M2800 Missing Battery H84SJ72 Good 117i 1554 Laptop Dell M2800 Missing Battery 7XZSJ72 Good 1� 1555 Laptop Dell M2800 Missing Battery 4WB2262 Good 1556 Laptop Dell M2800 Missing Battery 1543,172 Good 1557 Laptop Dell Ins irion 15R Missing Parts J667602 Good 46 Item Number Item Photo Description lS56 1558 Laptop Dell Ins irion 15R Missing Parts D567602 Poor 1559 Key Boards Unknown Several N/A Poor 1560 —_ 1560 Computer Mouses Unknown Box of 14 N/A Poor 4 4 1561 Speakers Unknown Box of 5 Pairs N/A Poor 1-962 1562 Docking Station Dell D6000 Missing Components N/A Poor a tA67 1563 Laptop Dell E7440 Not Working G6H9XE1 Poor 1564 Body Worn Camera SafariLand LE5 Inflated Battery N/A Poor 1565 Body Worn Camera SafariLand LE6 Inflated Battery N/A Poor 47 Item Number Photo Description 1566 Cell Phone Apple !Phone Cracked Screen N/A Poor r, �rir 1567 Cell Phone �r - Apple !Phone Cracked Screen N/A Poor ■ 1568 Power Supply Super MicR Faulty N/A Fair 1569 Scanner Kodak i2400 Missing Parts 48178577 Fair MA 1570 Printer HP LaserJet 1022n Water Damage VNB3M26307 Poor i L1571, 1571 Scanner Fu'itsu S500 Missing Components 40820 Fair �A,fi••S 1572 1572 Phone Side Module Mitel BB424 Missing Components 0010495D7F04 Good 1573 Modern DBcor Unknown 7 c Set N/A Good 48 Item Number Photo Description 1574 Modern DBcor Unknown 7 c Set N/A Good ,r 1575 Stackable Chairs Unknown White, Total of 10 N/A Poor 49 50 ATTACHMENT 2 $50,000 - Per TruckSite.com V-1 Street Sweeper 2007 Schwarze Regeneterive Air 49HXCPOO57DX66290 POOR Unit 64 NOl Running S.4 cub.yrd. Hopper, A-7000 CNG Yy V-2 Motocyole n 2006 Honda SM00 JH2SC51716M400005 POOR 3006659 Not Running $5,465-per Kelly Blue Book 51 52 CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETING: March 7, 2023 STAFF REPORT AGENDA TITL' AUTHORIZE OVERNIGHT TRAVEL FOR ONE COUNCILMEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY LEADERS SUMMIT IN SACRAMENTO, CALIFORNIA, APRIL 12-14, 2023 RECOMMENDATION Authorize overnight travel for one Councilmember to attend the League of California Cities City Leaders Summit in Sacramento, California, April 12-14, 2023. EXECUTIVE SUMMARY The League of California Cities (League) is an association of California cities who collaborate to exchange information and combine resources to influence state legislation. • The League's City Leaders Summit (Summit) is an educational event that allows city officials to influence state policy decisions, gain leadership skills and participate in discussion forums and networking. FISCAL IMPACT Estimated expenses are $1,900 per attendee; this cost includes conference registration, lodging, air travel, and meals. Funds are available in the City Council travel and training account (101-1001-60320). BACKGROUND/ANALYSIS The League's Summit provides an opportunity for local leaders to learn from leading experts as well as from their peers. During the event, city leaders will have the opportunity to spend a full day meeting with legislators to discuss the most pertinent issues affecting their cities. Educational sessions and forums will include topics such as legislative advocacy, State's climate goals, housing, public safety, and communication. ALTERNATIVES Council may elect not to authorize this request. Prepared by: Jennifer Nelson, Management Specialist Approved by: Jon McMillen, City Manager 53 54 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: March 7, 2023 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED FEBRUARY 17 AND FEBRUARY 24, 2023 RECOMMENDATION Approve demand registers dated February 17 and February 24, 2023. EXECUTIVE SUMMARY — None FISCAL IMPACT Demand of Cash: City Successor Agency of RDA Housing Authority BACKGROUND/ANALYSIS $ 7,169,761.68 $ 14,029.76 $ 7,183,791.44 Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for February 17 and February 24, 2023. Warrants Issued: 210181-210237 210238-210284 Wire Transfers Payroll Tax Transfers Payroll Direct Deposit Voids $ 1,678,815.24 $ 3,099,783.77 $ 2,110,846.85 $ 52,387.71 $ 243,311.87 $ (1,354.00) $ 7,183,791.44 Three checks in the amount listed above were voided and reissued due to non -receipt. 55 The most significant expenditures on the demand registers are: Vendor Burrtec Waste & Recycling Services Jacobsson Engineering Construction, Inc Urban Habitat Visit Greater Palm Springs Vintage Associates(l) Account Name Amount Purpose Various $2,789,495.31 Property Tax Payments Construction $863,481.00 Jefferson & Ave 53 Roundabout Progress Payment Construction $464,573.06 Topaz, X-Park & Rancho Ocotillo Landscape Progress Payments TB IS Due to VGPS $120,266.38 FY22/23 Q2 STVR TBID Collections Various $86,756.71 Park Landscape Maintenance (1) Payments were made on 2/17/23 & 2/24/23 Wire Transfers: Eleven transfers totaled $2,110,847. Of this amount, $1,740,815 was to US Bank Trust for bond debt service, and $248,576 was to Landmark. (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer's Report. Settle Coupon Transaction Issuer Type Par Value Date Rate Purchase Federal Farm Credit Bank Agency $ 1,000,000 2/15/2023 3.870% Purchase United States Treasury Treasury $ 1,000,000 2/15/2023 3.250% Purchase Liberty First Credit Union CD $ 248,000 2/21/2023 4.500% Maturity Servisfirst Bank CD $ 248,000 2/21/2023 1.600% Prepared by: Jesse Batres, Account Technician Approved by: Claudia Martinez, Finance Director Attachments: 1. Demand Registers 2. Wire Transfers YTM 3.980% 4.070% 4.500% 56 UAiEXIIIIIII:I► 140ksI Q"%ra City of La Quinta -i:Al IFWIM- Demand Register Packet: APPKT03388 - 02/17/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101- GENERAL FUND GALLS LLC 210207 1/17/23 - CODE OFFICER UNIFORMS Uniforms 101-6004-60690 119.70 GALLS LLC 210207 01/19/23 - CODE OFFICER UNIFORMS Uniforms 101-6004-60690 243.54 GALLS LLC 210207 1/30/23 - CODE OFFICE UNIFORMS Uniforms 101-6004-60690 204.78 CHARTER COMMUNICATIONS ... 210190 02/03-03/02/23 - FS #93 INTERNET (3514) Cable/Internet - Utilities 101-2002-61400 99.99 DECKARD TECHNOLOGIES, INC. 210197 01/2023 - RENTALSCAPE Professional Services 101-1005-60103 3,750.00 LOGIC COMPENSATION GROU... 210215 02/07/23 - RECLASS CITY JOB DESCRIPTIO... Professional Services 101-1004-60103 1,200.00 PVP COMMUNICATIONS INC 210221 2/3/23 - MOTOR RADIO REPAIR Special Enforcement Funds 101-2001-60175 1,663.72 DESERT TREE SPRAYING 210202 02/10/23 - FIRE ANT TREATMENT AT SRR ... Maintenance/Services 101-3005-60691 300.00 POWERS AWARDS INC 210220 1/20/23 - 5 YEAR AWARD PLAQUES (7) Employee Recognition Events 101-1004-60340 380.09 SOCAL LIGHTING PROS 210228 2/1/23 - FINAL HOLIDAY TREE STORAGE/I... Community Experiences 101-3003-60149 2,406.53 RUDY, LORI A 210226 02/09/23 - ESSENTIAL FITNESS CLASS Instructors 101-3002-60107 196.00 RUDY, LORI A 210226 02/09/23 - ESSENTIAL FITNESS DI CLASSES Instructors 101-3002-60107 67.20 WILLIAMS, BILLEE 210237 02/09/23 - PILATES CLASS Instructors 101-3002-60107 490.00 SHIRY, TERESA 210227 02/09/23 - BALLROOM BEGINNING CLASS Instructors 101-3002-60107 210.00 VIELHARBER, KAREN 210234 02/09/23 - GENTLE YOGA CLASS Instructors 101-3002-60107 231.00 VIELHARBER, KAREN 210234 2/09/23 - GENTLE YOGA TUESDAY CLASS Instructors 101-3002-60107 168.00 VIELHARBER, KAREN 210234 02/29/23 - GENTLE YOGA CLASSES Instructors 101-3002-60107 36.40 VIELHARBER, KAREN 210234 02/09/23 - GENTLE YOGA TUESDAY DI CLA... Instructors 101-3002-60107 27.30 NOVAK, JAN 210218 02/09/23 - PICKLEBALL 101 BEGINNER CL... Instructors 101-3002-60107 700.00 JENSEN, SHARLA W 210213 02/09/23 - 1 DAY SESSION CLASSES Instructors 101-3002-60107 144.00 JENSEN, SHARLA W 210213 02/09/23 - PERSONAL TRAINING 6 SESSIO... Instructors 101-3002-60107 264.00 HEWETT, ATSUKO YAMANE 210209 02/09/23 -TAI CHI YANG CLASS Instructors 101-3002-60107 176.40 HEWETT, ATSUKO YAMANE 210209 2/9/23 -TAI CHI YANG DI CLASS Instructors 101-3002-60107 16.80 DESERT CONCEPTS CONSTRUC... 210199 02/01/23 - FB PARK GATE REPAIR Maintenance/Services 101-3008-60691 4,200.00 VINTAGE ASSOCIATES 210235 11/8/22 - CIVIC CENTER PARK PLANTS Materials/Supplies 101-3005-60431 840.00 VINTAGE ASSOCIATES 210235 11/8/22 - CIVIC CENTER PARK PLANTS Materials/Supplies 101-3005-60431 2,820.00 VINTAGE ASSOCIATES 210235 11/30/22 - CIVIC CENTER PARK REPAIRS A... Maintenance/Services 101-3005-60691 680.00 VINTAGE ASSOCIATES 210235 1/28/23 - DESERT PRIDE DG INSTALL Maintenance/Services 101-3005-60691 3,400.00 NI GOVERNMENT SERVICES INC 210217 01/2023 - SATELLITE PHONES Mobile/Cell Phones/Satellites 101-2002-61304 87.35 CIVICPLUS, LLC 210191 1/27/23 - LQ MUNICIPAL CODE CODIFICAT... Professional Services 101-1005-60103 714.00 ODP BUSINESS SOLUTIONS, LLC 210219 09/23/22 - OFFICE SUPPLIES Office Supplies 101-1002-60400 34.26 ODP BUSINESS SOLUTIONS, LLC 210219 09/23/22 - PRESENTER FOR EAST CONFER... Office Supplies 101-1002-60400 33.44 ODP BUSINESS SOLUTIONS, LLC 210219 10/31/22 - MISCELLANEOUS CREDIT Office Supplies 101-1002-60400 -2.41 KEENAN & ASSOCIATES 210214 09/1/22-09/1/23 - EMPLOYEE VIRTUAL B... Consultants/Employee Services 101-1004-60104 510.00 ODP BUSINESS SOLUTIONS, LLC 210219 02/01/23 - EXTENSION CORD Operating Supplies 101-1005-60420 16.50 ODP BUSINESS SOLUTIONS, LLC 210219 02/03/23 - CLIPBOARD & PAPER PUNCHER Office Supplies 101-6004-60400 34.96 ODP BUSINESS SOLUTIONS, LLC 210219 02/03/23 - STAPLE GUN Office Supplies 101-6004-60400 36.30 STAPLES ADVANTAGE 210229 02/02/23 - BATTERIES Operating Supplies 101-7001-60420 20.00 STAPLES ADVANTAGE 210229 02/04/23 - OFFICE SUPPLIES Office Supplies 101-7001-60400 122.99 STAPLES ADVANTAGE 210229 02/05/23 - OFFICE SUPPLIES Office Supplies 101-3005-60400 19.13 STAPLES ADVANTAGE 210229 02/07/23 - PRINTER INK CARTRIDGE Office Supplies 101-3002-60400 75.91 STAPLES ADVANTAGE 210229 02/08/23 - OFFICE SUPPLIES Office Supplies 101-3002-60400 302.22 STAPLES ADVANTAGE 210229 02/09/23 - OFFICE SUPPLIES Operating Supplies 101-6006-60420 38.68 RASA/ERIC NELSON 210222 01/25/23 - LLA 2022-0010 ONCALL MAP C... Map/Plan Checking 101-7002-60183 420.00 HIGH TECH IRRIGATION INC 210210 02/08/23 - CATCHY TRASH CAN Materials/Supplies 101-3005-60431 49.94 VERIZON WIRELESS 210233 12/26/22-01/25/23 - LQPD CELL (6852) Telephone - Utilities 101-2001-61300 875.77 COACHELLA VALLEY WATER DI... 210195 02/13/23 - WATER SERVICE Water - Utilities 101-2002-61200 111.05 COACHELLA VALLEY WATER DI... 210195 02/13/23 - WATER SERVICE Water -Seasons Park - Utilities 101-3005-61208 25.88 COACHELLA VALLEY WATER DI... 210195 02/13/23 - WATER SERVICE Water -Community Park - Utilit.. 101-3005-61209 172.53 COACHELLA VALLEY WATER DI... 210195 02/13/23 - WATER SERVICE Water - Utilities 101-3008-61200 24.71 COACHELLA VALLEY WATER DI... 210195 02/15/23 - WATER SERVICE Water - Utilities 101-2002-61200 256.14 COACHELLA VALLEY WATER DI... 210195 02/15/23 - WATER SERVICE Water -Monticello Park - Utiliti... 101-3005-61201 3,557.52 COACHELLA VALLEY WATER DI... 210195 02/15/23 - WATER SERVICE Water -Fritz Burns Park - Utiliti... 101-3005-61204 184.21 2/24/2023 1:08:58 PM Page 1 of 7 57 Demand Register Packet: APPKT03388 - 02/17/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY WATER DI... 210195 02/15/23 - WATER SERVICE Water - Utilities 101-3008-61200 71.30 DESERT RESORT MANAGEMENT 210201 01/2023 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 3,883.51 FREGOSO, JESUS H. 210204 2/23/23 - BALANCE EMPLOYEE BANQUET ... Employee Recognition Events 101-1004-60340 1,000.00 VISIT GREATER PALM SPRINGS 210236 Q2 FY22/23 STVR TBID COLLECTIONS TBID Due to VGPS 101-0000-20303 126,596.18 VISIT GREATER PALM SPRINGS 210236 Q2 FY22/23 STVR TBID COLLECTIONS VGPS TBID Admin Fee 101-0000-43635 -6,329.80 BATUTA, DANIELE 210186 FY 22/23 ANNUAL WELLNESS DOLLARS D.... Annual Wellness Dollar Reimb... 101-1004-50252 149.99 CASTRO, DANNY 210188 FY 22/23 ANNUAL WELLNESS DOLLARS RE... Annual Wellness Dollar Reimb... 101-1004-50252 187.89 CLAYTON JR., DUANE 210192 FY 22/23 ANNUAL WELLNESS DOLLARS RE... Annual Wellness Dollar Reimb... 101-1004-50252 200.00 FREGOSO, JESUS H. 210203 2/23/23 - DEPOSIT EMPLOYEE BANQUET ... Employee Recognition Events 101-1004-60340 400.00 ANGEL VIEW, INC. 210182 FY 22/23 COMMUNITY SERVICE GRANT Grants & Economic Developm... 101-3001-60510 3,500.00 RIVERSIDE CO. SHERIFF EXPLO... 210224 FY 22/23 COMMUNITY SERVICE GRANT Grants & Economic Developm... 101-3001-60510 5,000.00 FRIENDS OF THE DESERT MOU... 210205 FY 22/23 COMMUNITY SERVICE GRANT Grants & Economic Developm... 101-3001-60510 4,500.00 COACHELLA VALLEY VOLUNTE... 210194 FY 22/23 COMMUNITY SERVICE GRANT Grants & Economic Developm... 101-3001-60510 5,000.00 COACHELLA VALLEY HORSE RE... 210193 FY 22/23 COMMUNITY SERVICE GRANT Grants & Economic Developm... 101-3001-60510 4,500.00 FRONTIER COMMUNICATIONS... 210206 02/2023 - LQ PARK PHONE Telephone - Utilities 101-3005-61300 49.09 FRONTIER COMMUNICATIONS... 210206 01/28-02/27/23 - SPORTS COMPLEX PHO... Telephone - Utilities 101-3005-61300 53.12 BANK OF THE WEST 210183 01/6/23 - ROOF TILE FOR LQ PARK SALES ... Sales Taxes Payable 101-0000-20304 -94.34 BANK OF THE WEST 210183 01/6/23 - ROOF TILE FOR LQ PARK Materials/Supplies 101-3008-60431 1,172.54 BANK OF THE WEST 210183 1/1-12/31/23 - SESAC MUSIC LICENSE Community Experiences 101-3003-60149 1,104.00 BANK OF THE WEST 210183 1/18/23 - OFFICE SUPPLIES Office Supplies 101-1002-60400 114.64 BANK OF THE WEST 210183 1/6/23 - USB C ADAPTERS (2) Operating Supplies 101-1002-60420 16.30 BANK OF THE WEST 210183 12/28/22 - RETURNED CITYWIDE COPY PA... Citywide Supplies 101-1007-60403 -630.48 BANK OF THE WEST 210183 12/28/22 - CITYWIDE DISPOSABLE CUPS Citywide Supplies 101-1007-60403 20.65 BANK OF THE WEST 210183 1/4/23 - (4) WALL CLOCKS, FLAG & FLAGP... Operating Supplies 101-3002-60420 112.76 BANK OF THE WEST 210183 1/9/23 - RETURNED FLAGPOLE RINGS Operating Supplies 101-3002-60420 -10.86 BANK OF THE WEST 210183 01/2023 - MAILCHIMP Membership Dues 101-3007-60351 175.00 BANK OF THE WEST 210183 02/2023 - APPLE MUSIC/STORAGE Membership Dues 101-3007-60351 22.95 BANK OF THE WEST 210183 1/23/23-SPACE HEATER Materials/Supplies 101-3008-60431 26.09 BANK OF THE WEST 210183 1/5/23 - CITYWIDE DISPENSER HAND SANI... Materials/Supplies 101-3008-60431 254.46 BANK OF THE WEST 210183 1/5/23 - CITYWIDE DISPENSER HAND SANI... Materials/Supplies 101-3008-60431 742.68 BANK OF THE WEST 210183 01/2023 - DESERT SUN Subscriptions & Publications 101-6001-60352 11.98 BANK OF THE WEST 210183 1/9/23 - CHAIR FOR CODE Office Supplies 101-6004-60400 163.11 BANK OF THE WEST 210183 1/19/23-APANETWORKING NIGHT D.CA... Travel&Training 101-6001-60320 10.00 BANK OF THE WEST 210183 01/19/23 - CV PLANNING LUNCHEON Travel & Training 101-6001-60320 224.21 BANK OF THE WEST 210183 1/19/23-APANETWORKING NIGHT C.FLO... Travel&Training 101-6002-60320 10.00 BANK OF THE WEST 210183 01/23/23 - BUILDING ICC MEMEBERSHIP Membership Dues 101-6003-60351 348.00 BANK OF THE WEST 210183 01/23/23 - BUILDING ICC SUBSCRIPTION Subscriptions & Publications 101-6003-60352 648.00 BANK OF THE WEST 210183 01/30/23 - CV DEPUTY/ASSISTANT CM LU... Travel & Training 101-1002-60320 557.15 BANK OF THE WEST 210183 01/30/23 - SNACKS FOR STOCK FUTURE M... Office Supplies 101-1002-60400 77.45 BANK OF THE WEST 210183 01/05/23 - DRINKS FOR IN HOUSE MEETI... Office Supplies 101-1002-60400 26.55 BANK OF THE WEST 210183 01/30/23 - SNACKS FOR STOCK FUTURE M... Office Supplies 101-1002-60400 22.06 BANK OF THE WEST 210183 12/30/22 - IMSA JOB POSTING TRAFFIC SI... Recruiting/Pre-Employment 101-1004-60129 300.00 BANK OF THE WEST 210183 01/03/23 - LOBBY COFFEE MACHINE SERV... Citywide Supplies 101-1007-60403 182.12 BANK OF THE WEST 210183 01/11/23 - BRAND REFRESH PROMO ITEMS Promotional Items 101-3007-60134 1,185.87 BANK OF THE WEST 210183 01/11/23 -VIDEO PRODUCTION EQUIPM... Operating Supplies 101-3007-60420 637.27 BANK OF THE WEST 210183 01/18/23 - PADFOLIOS FOR COUNCIL Marketing & Tourism Promoti... 101-3007-60461 346.01 BANK OF THE WEST 210183 1/23/23 - ACRYLIC SHEETS (5) SALES TAX Sales Taxes Payable 101-0000-20304 -6.56 BANK OF THE WEST 210183 1/20/23 - SNACKS & WATER FOR AMEX LQ Police Volunteers 101-2001-60109 177.87 BANK OF THE WEST 210183 1/19/23 - DINNER FOR AMEX STAFF LQ Police Volunteers 101-2001-60109 289.66 BANK OF THE WEST 210183 1/19/23 - DINNER FOR AMEX STAFF LQ Police Volunteers 101-2001-60109 260.68 BANK OF THE WEST 210183 1/18/23 - MOBILE PRINTER Disaster Prep Supplies 101-2002-60406 209.92 BANK OF THE WEST 210183 1/23/23 - ACRYLIC SHEETS (5) Operating Supplies 101-3002-60420 81.51 BANK OF THE WEST 210183 1/16/23 - EASTER BASKET SUPPLIES Community Experiences 101-3003-60149 4,844.95 BANK OF THE WEST 210183 1/19/23 - EASTER BASKET SUPPLIES Community Experiences 101-3003-60149 1,853.54 BANK OF THE WEST 210183 1/3/23 - MUSIC LICENSE FOR SPECIAL EVE... Community Experiences 101-3003-60149 402.93 BANK OF THE WEST 210183 2/1/23-1/31/24 REGISTRATION FEE XC345... Annual Permits/Inspections 101-3008-60196 218.00 BANK OF THE WEST 210183 2/1/23-1/31/24 REGISTRATION FEE XC345... Annual Permits/Inspections 101-3008-60196 218.00 BANK OF THE WEST 210183 2/1/23-1/31/24 REGISTRATION FEE XC172... Annual Permits/Inspections 101-3008-60196 218.00 BANK OF THE WEST 210183 2/1/23-1/31/24 REGISTRATION FEE XC345... Annual Permits/Inspections 101-3008-60196 218.00 BANK OF THE WEST 210183 01/17/23 - MARKET WATCH SEMINAR S.S... Travel & Training 101-1001-60320 39.59 2/24/2023 1:08:58 PM Page 2 of 7 58 Demand Register Packet: APPKT03388 - 02/17/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount BANK OF THE WEST 210183 01/06/23 - SNACKS FOR COUNCIL MEETING Travel & Training 101-1001-60320 25.74 BANK OF THE WEST 210183 01/17/23 - CITY COUNCIL DINNER Travel & Training 101-1001-60320 148.99 BANK OF THE WEST 210183 01/13/23 - PROCLAMATION FRAMES Operating Supplies 101-1001-60420 72.01 BANK OF THE WEST 210183 2023 MSA INLAND EMPIRE MEMBERSHIP Membership Dues 101-7003-60351 90.00 BANK OF THE WEST 210183 01/26/23 - 2023 CCAC ANNUAL CONFERE... Travel & Training 101-1005-60320 575.00 BANK OF THE WEST 210183 01/26/23 - 2023 CCAC ANNUAL CONFERE... Travel & Training 101-1005-60320 500.00 BANK OF THE WEST 210183 01/12/23 - IIMC ANNUAL MEMBERSHIP M... Membership Dues 101-1005-60351 225.00 BANK OF THE WEST 210183 01/06/23 - BATTERIES FOR MICROPHONES Operating Supplies 101-1005-60420 54.31 COACHELLA VALLEY WATER DI... 210195 02/13/23 - WATER SERVICE Water -Desert Pride - Utilities 101-3005-61206 80.17 COACHELLA VALLEY WATER DI... 210195 02/15/23 - WATER SERVICE PM 10 - Dust Control 101-7006-60146 40.80 VINTAGE ASSOCIATES 210235 1/30/23 - FB PARK PLANTS Materials/Supplies 101-3005-60431 672.64 RIVERSIDE COUNTY SHERIFF D... 210225 12/25/22-01/24/23 - MOTOR FUEL CHAR... Sheriff - Other 101-2001-60176 690.66 RIVERSIDE COUNTY SHERIFF D... 210225 01/20-01/21/23 - LT OLSEN AMEX ASSIG... Special Enforcement/City Spec... 101-2001-60165 2,744.59 Fund 101 - GENERAL FUND Total: 204,239.98 Fund: 201 - GAS TAX FUND BANK OF THE WEST 210183 01/12/23 - CONCRETE ROTARY MIXER RE... Materials/Supplies 201-7003-60431 271.53 BANK OF THE WEST 210183 01/30/23 - CONCRETE ROTARY MIXER RE... Materials/Supplies 201-7003-60431 711.53 BANK OF THE WEST 210183 01/30/23 - CONCRETE ROTARY MIXER RE... Materials/Supplies 201-7003-60431 -440.00 Fund 201 - GAS TAX FUND Total: 543.06 Fund: 202 - LIBRARY & MUSEUM FUND COACHELLA VALLEY WATER DI... 210195 02/13/23 - WATER SERVICE Water- Utilities 202-3006-61200 251.65 Fund 202 - LIBRARY & MUSEUM FUND Total: 251.65 Fund: 215 - LIGHTING & LANDSCAPING FUND DESERT CONCEPTS CONSTRUC... 210199 02/03/23 - IRRIGATION/SIDEWALK REPAIR... Maintenance/Services 215-7004-60691 8,200.00 STAPLES ADVANTAGE 210229 01/19/23 - KN 95 MASKS Operating Supplies 215-7004-60420 54.36 STAPLES ADVANTAGE 210229 01/21/23 - COFFEE SUPPLIES Operating Supplies 215-7004-60420 202.46 STAPLES ADVANTAGE 210229 02/02/23 - PAPER PLATES & BOWLS Operating Supplies 215-7004-60420 148.41 HIGH TECH IRRIGATION INC 210210 02/08/23 - IRRIGATION BUBBLERS (39) Materials/Supplies 215-7004-60431 153.11 BANK OF THE WEST 210183 1/12/23 - BULK HAND SANITIZING WIPES Operating Supplies 215-7004-60420 54.36 BANK OF THE WEST 210183 01/19/23 - IQ RAINBIRD TRAINING Travel & Training 215-7004-60320 42.36 IMPERIAL IRRIGATION DIST 210211 02/13/23 - ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 132.68 IMPERIAL IRRIGATION DIST 210211 02/15/23 - ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 477.09 IMPERIAL IRRIGATION DIST 210211 02/15/23 - ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 24.68 COACHELLA VALLEY WATER DI... 210195 02/13/23 - WATER SERVICE Water- Medians - Utilities 215-7004-61211 3,395.39 COACHELLA VALLEY WATER DI... 210195 02/15/23 - WATER SERVICE Water- Medians - Utilities 215-7004-61211 832.49 VINTAGE ASSOCIATES 210235 2/6/23 - MADISON MEDIAN PLANTS Materials/Supplies 215-7004-60431 1,885.63 DESERT ELECTRIC SUPPLY 210200 2/02/23 - LED LAMPS (4) Materials/Supplies 215-7004-60431 251.98 DESERT ELECTRIC SUPPLY 210200 2/7/23 - LED LAMPS (7) Materials/Supplies 215-7004-60431 458.27 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 16,313.27 Fund: 221 - AB 939 - CALRECYCLE FUND BANK OF THE WEST 210183 01/18/23 - RECYCLING PROMO ITEMS AB 939 Recycling Solutions 221-0000-60127 1,050.45 Fund 221 - AB 939 - CALRECYCLE FUND Total: 1,050.45 Fund: 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) BANK OF THE WEST 210183 1/13/23 - EOC PRINTERS (3) Tools/Equipment 226-0000-60432 1,598.58 BANK OF THE WEST 210183 01/18/23 - EOC PRINTER Tools/Equipment 226-0000-60432 532.86 BANK OF THE WEST 210183 1/18/23 - MOBILE PRINTER Tools/Equipment 226-0000-60432 259.00 Fund 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) Total: 2,390.44 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS NEXTECH SYSTEMS, INC. 210216 HERMANN DESIGN GROUP INC 210208 HERMANN DESIGN GROUP INC 210208 HERMANN DESIGN GROUP INC 210208 JACOBSSON ENGINEERING CO... 210212 JACOBSSON ENGINEERING CO... 210212 CONVERGINT TECHNOLOGIES ... 210196 URBAN HABITAT 210232 URBAN HABITAT 210232 URBAN HABITAT 210232 12/02/22 - LANE LIGHT CONCRETE KIT FOR.. Construction 12/2022 - MARBELLA/SIERRA DEL REY LA... Design 12/2022 - DESERT PRIDE LANDSCAPE ARC... Design 12/2022 - CACTUS FLOWER LANDSCAPE A... Design 12/2022-01/2023 -JEFFERSON AVE 53 RO... Retention Payable 12/2022-01/2023 - JEFFERSON AVE 53 RO... Construction O1/11/23 - CITYWIDE CAMERA SYSTEM M... Construction 12/2022 - TOPAZ LANDSCAPE RENOVATI... Retention Payable 12/2022 - TOPAZ LANDSCAPE RENOVATI... Construction 12/2022 - X PARK LANDSCAPE PROGRESS ... Retention Payable 401-0000-60188 15,361.81 401-0000-60185 157.50 401-0000-60185 457.50 401-0000-60185 13,548.00 401-0000-20600 -45,447.16 401-0000-60188 908,928.16 401-0000-60188 3,521.25 401-0000-20600 -702.01 401-0000-60188 28,931.88 401-0000-20600 -3,146.52 2/24/2023 1:08:58 PM 59 Page 3 of 7 Demand Register Packet: APPKT03388 - 02/17/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount URBAN HABITAT 210232 12/2022 - X PARK LANDSCAPE PROGRESS ... Construction 401-0000-60188 78,781.37 URBAN HABITAT 210232 01/2023 - LQ LANDSCAPE RENOVATION P... Retention Payable 401-0000-20600 -18,984.65 URBAN HABITAT 210232 01/2023 - LQ LANDSCAPE RENOVATION P... Construction 401-0000-60188 379,692.99 BANK OF THE WEST 210183 1/24/23 DUNE PALMS BRIDGE STORM W... Construction 401-0000-60188 1,309.81 BANK OF THE WEST 210183 1/17/23 - HARD HATS (9) Construction 401-0000-60188 158.04 BANK OF THE WEST 210183 01/11/23 - HARD HAT Construction 401-0000-60188 17.93 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 1,362,585.90 Fund: 501- FACILITY & FLEET REPLACEMENT TOWER ENERGY GROUP 210230 01/01-01/15/23 - FUEL Fuel & Oil 501-0000-60674 4,344.67 BANK OF THE WEST 210183 01/24/23 - OLD FIRE TRUCK WEIGHT Vehicle Repair & Maintenance 501-0000-60676 13.00 BANK OF THE WEST 210183 01/24/23 - OLD FIRE TRUCK WEIGHT Vehicle Repair & Maintenance 501-0000-60676 3.50 Fund 501- FACILITY & FLEET REPLACEMENT Total: 4,361.17 Fund: 502 - INFORMATION TECHNOLOGY TYLER TECHNOLOGIES 210231 01/2023 - SOFTWARE SERVICES Software Implementation/Enh... 502-0000-71049 16,280.00 CHARTER COMMUNICATIONS ... 210190 1/24-2/23/23 - WC CABLE (4601) Cable/Internet - Utilities 502-0000-61400 289.63 DELL MARKETING LP 210198 01/10/23 - PURCHASE IT LAPTOPS (13) Computers 502-0000-80103 12,522.07 CANON FINANCIAL SERVICES,... 210187 02/2023 CITY PRINTER 01/2023 METER U... Copiers 502-0000-60662 2,975.07 RINCON CONSULTANTS, INC. 210223 01/2023 - GEOGRAPHIC INFORMATION SY... Software Implementation/Enh... 502-0000-71049 9,787.75 ACORN TECHNOLOGY SERVICES 210181 02/2023 - IT SERVICES Consultants 502-0000-60104 27,025.00 ACORN TECHNOLOGY SERVICES 210181 02/2023 - TRAFFIC SERVER MAINTENANCE Consultants 502-0000-60104 965.00 ACORN TECHNOLOGY SERVICES 210181 02/01/23-SOFTWARE UPGRADES Consultants 502-0000-60104 10,250.00 CDW GOVERNMENT INC 210189 11/14/22 - 2ND CIRCUIT UPGRADES Machinery & Equipment 502-0000-80100 1,123.37 FRONTIER COMMUNICATIONS... 210206 1/25-02/24/23 - CH INTERNET Cable/Internet - Utilities 502-0000-61400 100.09 FRONTIER COMMUNICATIONS... 210206 01/27-02/26/23 - BLACKHAWK/LQ PARK D... Cable/Internet - Utilities 502-0000-61400 95.09 CDW GOVERNMENT INC 210189 7/2023-11/2023 - BITDEFENDER LICENSES.. Prepaid Expense 502-0000-13600 1,109.40 CDW GOVERNMENT INC 210189 11/2022-06/2023 - BITDEFENDER LICENSE... Software Licenses 502-0000-60301 2,218.81 BANK OF THE WEST 210183 01/19/23 - INTERNET DOMAIN RENEWAL Software Licenses 502-0000-60301 84.96 BANK OF THE WEST 210183 02/2023 - HULU SUBSCRIPTION Cable/Internet - Utilities 502-0000-61400 74.99 BANK OF THE WEST 210183 01/04/23 - RETURN CAMERA FOR CONFER... Operating Supplies 502-0000-60420 -65.24 BANK OF THE WEST 210183 01/6/23 - CAMERAS FOR CONFERENCE R... Machinery & Equipment 502-0000-80100 2,281.58 CDW GOVERNMENT INC 210189 09/15/14 - CREDIT ON FILE FOR INV MH29... Operating Supplies 502-0000-60420 -38.25 Fund 502 - INFORMATION TECHNOLOGY Total: 87,079.32 Grand Total: 1,678,815.24 2/24/2023 1:08:58 PM Page 4 of 7 Demand Register Packet: APPKT03388 - 02/17/20231B Fund Summary Fund 101 - GENERAL FUND 201 - GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 215 - LIGHTING & LANDSCAPING FUND 221 - AB 939 - CALRECYCLE FUND 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (... 401 - CAPITAL IMPROVEMENT PROGRAMS 501 - FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY Account Number 101-0000-20303 101-0000-20304 101-0000-43635 101-1001-60320 101-1001-60420 101-1002-60320 101-1002-60400 101-1002-60420 101-1004-50252 101-1004-60103 101-1004-60104 101-1004-60129 101-1004-60340 101-1005-60103 101-1005-60320 101-1005-60351 101-1005-60420 101-1007-60403 101-2001-60109 101-2001-60165 101-2001-60175 101-2001-60176 101-2001-61300 101-2002-60406 101-2002-61200 101-2002-61304 101-2002-61400 101-3001-60510 101-3002-60107 101-3002-60400 101-3002-60420 101-3003-60149 101-3005-60400 101-3005-60431 101-3005-60691 101-3005-61201 101-3005-61204 101-3005-61206 101-3005-61208 101-3005-61209 101-3005-61300 101-3007-60134 101-3007-60351 101-3007-60420 101-3007-60461 101-3008-60196 Grand Total Account Summary Account Name TBID Due to VGPS Sales Taxes Payable VGPS TBID Admin Fee Travel & Training Operating Supplies Travel & Training Office Supplies Operating Supplies Annual Wellness Dollar Re... Professional Services Consultants/Employee Se... Recruiting/Pre-Employme... Employee Recognition Ev... Professional Services Travel & Training Membership Dues Operating Supplies Citywide Supplies LQ Police Volunteers Special Enforcement/City... Special Enforcement Funds Sheriff - Other Telephone - Utilities Disaster Prep Supplies Water - Utilities Mobile/Cell Phones/Satell... Cable/Internet - Utilities Grants & Economic Devel... Instructors Office Supplies Operating Supplies Community Experiences Office Supplies Materials/Supplies Maintenance/Services Water -Monticello Park - ... Water -Fritz Burns Park - ... Water -Desert Pride - Utili... Water -Seasons Park - Util... Water -Community Park -... Telephone - Utilities Promotional Items Membership Dues Operating Supplies Marketing & Tourism Pro... Annual Permits/Inspectio... Expense Amount 204,239.98 543.06 251.65 16,313.27 1,050.45 2,390.44 1,362,585.90 4,361.17 87,079.32 1,678,815.24 Expense Amount 126,596.18 -100.90 -6,329.80 214.32 72.01 557.15 305.99 16.30 537.88 1,200.00 510.00 300.00 1,780.09 4,464.00 1,075.00 225.00 70.81 -427.71 728.21 2,744.59 1,663.72 690.66 875.77 209.92 367.19 87.35 99.99 22,500.00 2,727.10 378.13 183.41 10,611.95 19.13 4,382.58 4,380.00 3,557.52 184.21 80.17 25.88 172.53 102.21 1,185.87 197.95 637.27 346.01 872.00 2/24/2023 1:08:58 PM 61 Page 5 of 7 Demand Register Packet: APPKT03388 - 02/17/2023113 Account Summary Account Number Account Name Expense Amount 101-3008-60431 Materials/Supplies 2,195.77 101-3008-60691 Maintenance/Services 4,200.00 101-3008-61200 Water -Utilities 96.01 101-6001-60320 Travel & Training 234.21 101-6001-60352 Subscriptions & Publicati... 11.98 101-6002-60320 Travel & Training 10.00 101-6003-60351 Membership Dues 348.00 101-6003-60352 Subscriptions & Publicati... 648.00 101-6004-60103 Professional Services 3,883.51 101-6004-60400 Office Supplies 234.37 101-6004-60690 Uniforms 568.02 101-6006-60420 Operating Supplies 38.68 101-7001-60400 Office Supplies 122.99 101-7001-60420 Operating Supplies 20.00 101-7002-60183 Map/Plan Checking 420.00 101-7003-60351 Membership Dues 90.00 101-7006-60146 PM 10 - Dust Control 40.80 201-7003-60431 Materials/Supplies 543.06 202-3006-61200 Water -Utilities 251.65 215-7004-60320 Travel & Training 42.36 215-7004-60420 Operating Supplies 459.59 215-7004-60431 Materials/Supplies 2,748.99 215-7004-60691 Maintenance/Services 8,200.00 215-7004-61116 Electric - Utilities 609.77 215-7004-61117 Electric - Medians - Utiliti... 24.68 215-7004-61211 Water - Medians - Utilities 4,227.88 221-0000-60127 AB 939 Recycling Solutions 1,050.45 226-0000-60432 Tools/Equipment 2,390.44 401-0000-20600 Retention Payable -68,280.34 401-0000-60185 Design 14,163.00 401-0000-60188 Construction 1,416,703.24 501-0000-60674 Fuel & Oil 4,344.67 501-0000-60676 Vehicle Repair & Mainte... 16.50 502-0000-13600 Prepaid Expense 1,109.40 502-0000-60104 Consultants 38,240.00 502-0000-60301 Software Licenses 2,303.77 502-0000-60420 Operating Supplies -103.49 502-0000-60662 Copiers 2,975.07 502-0000-61400 Cable/Internet - Utilities 559.80 502-0000-71049 Software Implementation... 26,067.75 502-0000-80100 Machinery & Equipment 3,404.95 502-0000-80103 Computers 12,522.07 Grand Total: 1,678,815.24 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 281,678.02 111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-543 1,485.78 201603CT Construction Expense La Quinta Landscape Renovation Ir 487,406.24 201603D Design Expense La Quinta Landscape Renovation Ir 14,163.00 201603RP Retention Payable La Quinta Landscape Renovation Ir -22,833.18 201709CT Construction Expense Ave 53 Jefferson St.Roundabout 908,928.16 201709RP Retention Payable Ave 53 Jefferson St.Roundabout -45,447.16 201804E Landscape & Lighting Median Island ... Landscape & Lighting Median Islan 1,885.63 202003CT Construction Expense Citywide Public Safety Camera Sysl 3,521.25 202216E General PW Maint - Desert Concepts General PW Maintenance - Desert 12,400.00 2223TMICT Construction Expense FY22/23 Traffic Maintenance Impr, 15,361.81 AMEXE American Express Misc Expenses American Express Golf Tournamen 728.21 2/24/2023 1:08:58 PM 62 Page 6 of 7 Demand Register Packet: APPKT03388 - 02/17/2023 JIB Project Account Summary Project Account Key Project Account Name Project Name Expense Amount AMEXPOL Amex Golf Expense - Police American Express Golf Tournamen 2,744.59 CORONANR Corona Non Reimbursable Corona Virus Emergency Response 54.36 EGGE La Quinta Egg Hunt Expense La Quinta Egg Hunt 6,698.49 STVRE Short Term Vacation Rental Expense Short Term Vacation Rental Trackit 7,633.51 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 2,406.53 Grand Total: 1,678,815.24 *Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section. 2/24/2023 1:08:58 PM 63 Page 7 of 7 4�& City of La Quinta CALM :M - Demand Register Packet: APPKT03398 - 02/24/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101- GENERAL FUND DESERT SUN PUBLISHING, LLC 210248 01/13/23 - PHN VAR 2022-0001 PUBLICAT... Advertising 101-6002-60450 434.28 VINTAGE E & S INC 210282 02/07/23 - INSTALL EV CHARGING STATIC,... Maintenance/Services 101-3008-60691 964.41 VINTAGE E & S INC 210282 2/2/23 - WC ELECTRICAL SERVICE CALL Maintenance/Services 101-3008-60691 911.70 VINTAGE E & S INC 210282 2/2/23 - INSTALL POWER/JUNCTION BOXE... Maintenance/Services 101-3008-60691 1,157.87 TRI-STATE MATERIALS INC 210278 02/06/23 - LANDSCAPE ROCK & D.G Materials/Supplies 101-3005-60431 2,303.56 TRI-STATE MATERIALS INC 210278 02/03/23 - LANDSCAPE D.G Materials/Supplies 101-3005-60431 1,182.98 SPARKLETTS 210273 1/25/23 & 02/08/23 - CITYWIDE DRINKING.. Citywide Supplies 101-1007-60403 215.22 ULINE 210279 1/31/23 - FLAMMABLE STORAGE CABINET Tools/Equipment 101-7003-60432 2,254.14 ULINE 210279 01/31/23 - WELDED WORK BENCH Tools/Equipment 101-7003-60432 912.05 NAI CONSULTING INC 210261 01/2023 - LIBRARY PARCELS APNS-UTILITY Professional Services 101-1002-60103 2,312.50 NAI CONSULTING INC 210261 01/2023 - CAPITAL IMPROVEMENT PLAN Consultants 101-7006-60104 175.00 DESERT CONCRETE BORDERS ... 210247 02/06/23 - INSTALL CONCRETE CURB AT L... Maintenance/Services 101-3005-60691 5,123.00 VINTAGE ASSOCIATES 210281 02/2023 - PARK MAINTENANCE Landscape Contract 101-3005-60112 60,804.00 VINTAGE ASSOCIATES 210281 2/17/23 - 4 WIRE DECODER FOR EVENT P... Materials/Supplies 101-3005-60431 445.00 ANSAFONE CONTACT CENTERS 210240 1/16-02/12/23 - PM 10 ANSWERING SERV... PM 10 - Dust Control 101-7006-60146 152.89 USA DRAIN AND PLUMBING ... 210280 02/03/23 - CH LOBBY RESTROOM REPAIRS Maintenance/Services 101-3008-60691 590.00 ROBERT HALF 210270 02/03/23 - TEMP AGENCY SERVICES T.SU... Temporary Agency Services 101-6006-60125 1,095.64 ROBERT HALF 210270 02/03/23 - TEMP AGENCY SERVICES C.HIC... Temporary Agency Services 101-2002-60125 1,328.64 ROBERT HALF 210270 02/10/23 - TEMP AGENCY SERVICS T.SUD... Temporary Agency Services 101-6006-60125 1,085.11 ROBERT HALF 210270 02/10/23 - TEMP AGENCY SERVICES C.HIC... Temporary Agency Services 101-2002-60125 1,660.80 DEPARTMENT OF JUSTICE 210246 01/2023 - LIVE SCAN FINGERPRINTING Recruiting/Pre-Employment 101-1004-60129 64.00 ALPHA MEDIA LLC 210239 12/2022 - IRONMAN RAIDO SPONSORSHIP.. Community Experiences 101-3003-60149 2,171.84 ALPHA MEDIA LLC 210239 12/2022 - IRONMAN DIGITAL BANNERS Community Experiences 101-3003-60149 275.00 LEAGUE OF CALIFORNIA CITIES 210258 7/1-12/31/23 LEAGUE OF CALIFORNIA CIT... Prepaid Expense 101-0000-13600 6,974.50 LEAGUE OF CALIFORNIA CITIES 210258 1/1-6/30/23 LEAGUE OF CALIFORNIA CITIE.., Membership Dues 101-1002-60351 6,974.50 MERCHANTS BUILDINGMAINT... 210260 01/2023- JANITORIAL SERVICES Janitorial 101-3008-60115 13,863.78 VINTAGE E & S INC 210282 11/19/22 FLOOD LIGHT REPLACEMENT AT... Maintenance/Services 101-3005-60691 6,562.00 VINTAGE E & S INC 210282 12/4/22 -TEMPORARY POWER FOR X-MAS.. Maintenance/Services 101-3005-60691 644.30 THE SHERWIN-WILLIAMS CO. 210275 02/06/23 - PAINT FOR WC Materials/Supplies 101-3008-60431 208.45 FEDEX 210251 2/1/23 & 2/3/23 - OVERNIGHT MAIL Postage 101-1007-60470 57.65 PATTON DOOR & GATE 210266 2/2/23 - PW YARD GATE REPAIRS Maintenance/Services 101-3008-60691 302.95 PATTON DOOR & GATE 210266 2/7/23 - PW YARD GATE REPAIRS Maintenance/Services 101-3008-60691 300.00 PWLC II, INC 210267 02/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,510.00 THE LOCK SHOP, INC 210274 02/01/23 - KEYS AND KEYLESS ENTRY PAD ... Materials/Supplies 101-3008-60431 180.91 THE LOCK SHOP, INC 210274 2/6/23 - ENTRY LEVER FOR COVE RESTRO... Materials/Supplies 101-3008-60431 210.11 THE LOCK SHOP, INC 210274 02/08/23 - ENTRY LEVER FOR COVE REST... Materials/Supplies 101-3008-60431 1,135.43 BURRTEC WASTE & RECYCLING.. 210241 FY 21/22 PROPERTY TAX PAYMENT SS4 Due to Waste Management 101-0000-20307 57,459.65 BURRTEC WASTE & RECYCLING.. 210241 FY 21/22 PROPERTY TAX PAYMENT SS4 Franchise Taxes - Burrtec 101-0000-41505 -5,716.92 BURRTEC WASTE & RECYCLING.. 210241 FY 22/23 PROPERTY TAX PAYMENT SS1 Due to Waste Management 101-0000-20307 3,055,844.97 BURRTEC WASTE & RECYCLING.. 210241 FY 22/23 PROPERTY TAX PAYMENT SS1 Franchise Taxes - Burrtec 101-0000-41505 -304,227.00 MCGARREY, DEBORAH 210259 01/31-02/03/23 -TRAVEL EXPENSE REIMB... Travel & Training 101-1001-60320 288.15 NELSON, JENNIFER 210262 2023 COMMUNITY WORKSHOP FOOD RE... Travel & Training 101-1001-60320 199.54 PACIFIC WEST AIR CONDITION... 210265 2/1/23 - CH WATER TREATMENT HVAC 101-3008-60667 125.00 RIVERSIDE ASSESSOR 210269 01/2023 - RECORDING FEES Technical 101-6004-60108 20.00 OCEAN SPRINGS TECH INC 210263 02/2023 - LQ SPLASH PAD MAINTENANCE LQ Park Water Feature 101-3005-60554 843.00 COUNTY OF RIVERSIDE PUBLIC... 210244 01/2023 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 310.68 TOLL BROS., INC. 210276 02/7/23 - REFUND FOR SMI FEE BRES2022... SMIP Fees Payable 101-0000-20308 55.38 GALLAUDET CONSTRUCTION 210255 02/8/23 - REFUND FOR OVERPAYMENT B... Over Payments, AR Policy 101-0000-20330 18.00 SMITH, STEVE 210272 2/10/23 - REFUND BUILDING PERMIT FEE ... Over Payments, AR Policy 101-0000-20330 80.00 WALTERS WHOLESALE ELECTR... 210283 02/03/23 - BANNER CABLE ZIP TIES Operating Supplies 101-7003-60420 136.71 QUINN COMPANY 210268 02/03/23 - CH GENERATOR MAINTENANCE Machinery & Equipment 101-2002-80101 524.28 QUINN COMPANY 210268 02/03/23 - WC GENERATOR MAITENANCE Machinery & Equipment 101-2002-80101 524.28 QUINN COMPANY 210268 02/03/23 - FS #32 GENERATOR MAINTEN... Machinery & Equipment 101-2002-80101 524.28 2/24/2023 1:06:54 PM Page 1 of 5 64 Demand Register Vendor Name Payment Number Description (Item) Account Name QUINN COMPANY 210268 02/03/23 - YMCA GENERATOR MAINTEN... Machinery & Equipment QUINN COMPANY 210268 02/03/23 - FS #93 GENERATOR MAINTEN... Machinery & Equipment QUINN COMPANY 210268 02/06/23 - CH GENERATOR MAINTENANCE Machinery & Equipment QUINN COMPANY 210268 2/8/23 - WC GENERATOR BLOCK HEATER ... Machinery & Equipment Fund: 201 - GAS TAX FUND TOPS' N BARRICADES INC 210277 TOPS' N BARRICADES INC 210277 TOPS' N BARRICADES INC 210277 Fund: 202 - LIBRARY & MUSEUM FUND ALARM MONITORING SERVICE... 210238 KONE INC 210257 VINTAGE ASSOCIATES 210281 VINTAGE ASSOCIATES 210281 MERCHANTS BUILDING MAINT... 210260 MERCHANTS BUILDING MAINT... 210260 PACIFIC WEST AIR CONDITION... 210265 Fund: 215 - LIGHTING & LANDSCAPING FUND TRI-STATE MATERIALS INC 210278 VINTAGE ASSOCIATES 210281 CREATIVE LIGHTING & ELECTR... 210245 SMITH PIPE &SUPPLY CO 210271 SMITH PIPE &SUPPLY CO 210271 PWLC II, INC 210267 PWLC II, INC 210267 PWLC II, INC 210267 PWLC II, INC 210267 FRONTIER COMMUNICATIONS... 210253 VINTAGE ASSOCIATES 210281 VINTAGE ASSOCIATES 210281 Fund: 221 - AB 939 - CALRECYCLE FUND BURRTEC WASTE & RECYCLING.. 210241 BURRTEC WASTE & RECYCLING.. 210241 Fund: 241 - HOUSING AUTHORITY RIVERSIDE ASSESSOR 210269 Fund: 250 - TRANSPORTATION DIF FUND WPG LA QUINTA,LLC 210284 Fund: 251 - PARKS & REC DIF FUND WPG LA QUINTA,LLC 210284 Fund: 252 - CIVIC CENTER DIF FUND WPG LA QUINTA,LLC 210284 Fund: 254 - COMMUNITY & CULTURAL CENTERS DIF WPG LA QUINTA,LLC 210284 Fund: 259 - MAINTENANCE FACILITIES DIF FUND WPG LA QUINTA,LLC 210284 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS NAI CONSULTING INC 210261 2/24/2023 1:06:54 PM 1/31/23 - TRAFFIC CONTROL SIGNS Traffic Control Signs 01/31/23 - TRAFFIC CONTROL SIGNS Traffic Control Signs 02/10/23 - PAINT STRIPING & GLASS BEADS Paint/Legends 02/13/23 - INSTALL ALARM KEYPAD AT L... 1/21/23 - MUSEUM ELEVATOR REPAIRS 02/2023 - PARK MAINTENANCE 02/2023 - PARK MAINTENANCE 01/2023 -JANITORIAL SERVICES 01/2023 -JANITORIAL SERVICES 2/1/23 - LIBRARY WATER TREATMENT Packet: APPKT03398 - 02/24/2023 JB Account Number Amount 101-2002-80101 524.28 101-2002-80101 524.28 101-2002-80101 524.28 101-2002-80101 2,573.27 Fund 101 - GENERAL FUND Total: 2,937,700.32 201-7003-60429 201-7003-60429 201-7003-60433 Fund 201- GAS TAX FUND Total: Security & Alarm 202-3006-60123 Maintenance/Services 202-3006-60691 Landscape Contract 202-3004-60112 Landscape Contract 202-3006-60112 Janitorial 202-3004-60115 Janitorial 202-3006-60115 HVAC 202-3004-60667 Fund 202 - LIBRARY & MUSEUM FUND Total: 180.53 45.13 449.57 675.23 239.25 804.60 869.00 181.00 2,844.14 885.93 125.00 5,948.92 02/03/23 - LANDSCAPE D.G Materials/Supplies 215-7004-60431 1,201.74 02/2023 - PARK MAINTENANCE Landscape Contract 215-7004-60112 11,331.00 02/2023 - LIGHTING MAINTENANCE SERVI... Consultants 215-7004-60104 6,063.92 01/25/23 - IRRIGATION PARTS FOR MADI... Materials/Supplies 215-7004-60431 40.92 01/26/23 - IRRIGATION RISERS FOR MADI... Materials/Supplies 215-7004-60431 112.88 02/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 58,574.00 1/30-2/3/23 - PLANT & TREE REPLACEME... Maintenance/Services 215-7004-60691 4,256.00 2/06-2/10/23 - MADISON MEDIAN LANDS... Maintenance/Services 215-7004-60691 4,104.00 02/17/23 - PLANT INSTALL AT AVE 52 Maintenance/Services 215-7004-60691 360.00 02/07-03/06/23 - PHONE SVC Electric - Utilities 215-7004-61116 132.22 02/07/23 - PLANTS FOR MADISON MEDIAN Materials/Supplies 215-7004-60431 1,616.25 02/08/23 - PLANTS FOR MADISON MEDIAN Materials/Supplies 215-7004-60431 1,212.19 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 89,005.12 FY 21/22 PROPERTY TAX PAYMENT SS4 Burrtec AB 939 Fee 221-0000-41506 -290.47 FY 22/23 PROPERTY TAX PAYMENT SS1 Burrtec AB 939 Fee 221-0000-41506 -13,574.92 Fund 221 - AB 939 - CALRECYCLE FUND Total: -13,865.39 01/2023 - RECORDING FEES Professional Services 241-9101-60103 302.00 Fund 241- HOUSING AUTHORITY Total: 302.00 01/10/23 - DIF OVERPAYMENT REFUND B... Developer Fees 250-0000-43200 5,830.00 Fund 250 - TRANSPORTATION DIF FUND Total: 5,830.00 01/10/23 - DIF OVERPAYMENT REFUND B... Developer Fees 251-0000-43200 290.00 Fund 251 - PARKS & REC DIF FUND Total: 290.00 01/10/23 - DIF OVERPAYMENT REFUND B... Developer Fees 252-0000-43200 1,440.00 Fund 252 - CIVIC CENTER DIF FUND Total: 1,440.00 01/10/23 - DIF OVERPAYMENT REFUND B... Developer Fees 254-0000-43200 4,130.00 Fund 254 - COMMUNITY & CULTURAL CENTERS DIF Total: 4,130.00 01/10/23 - DIF OVERPAYMENT REFUND B... Developer Fees 259-0000-43200 Fund 259 - MAINTENANCE FACILITIES DIF FUND Total: 01/2023 - MOON RIVER DRIVE PAVEMENT... Professional Services 401-0000-60103 780.00 780.00 525.00 Page 2 of 5 65 Demand Register Vendor Name Payment Number Description (Item) NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 NAI CONSULTING INC 210261 CONVERGINT TECHNOLOGIES ... 210243 THE LOCK SHOP. INC 210274 Fund: 501- FACILITY & FLEET REPLACEMENT DUNN-EDWARDS CORPORATI... 210249 HWY 111 LA QUINTA CAR WA... 210256 THE LOCK SHOP, INC 210274 ENTERPRISE FM TRUST 210250 PACIFIC MOBILE STRUCTURES, .. 210264 FUELMAN 210254 Fund: 502 - INFORMATION TECHNOLOGY CHARTER COMMUNICATIONS ... 210242 CHARTER COMMUNICATIONS ... 210242 CHARTER COMMUNICATIONS ... 210242 FISHER INTEGRATED INC 210252 FISHER INTEGRATED INC 210252 FRONTIER COMMUNICATIONS... 210253 FRONTIER COMMUNICATIONS... 210253 Fund: 601- SILVERROCK RESORT VINTAGE E & S INC 210282 Packet: APPKT03398 - 02/24/2023 JB Account Name Account Number Amount 01/2023 - CITYWIDE MISC ADA IMPROVE... Professional Services 401-0000-60103 187.50 01/2023 - AVE 52 PAVEMENT REHAB MAD... Professional Services 401-0000-60103 1,925.00 01/2023 - 2021-08 SLURRY SEAL PROJECT Professional Services 401-0000-60103 2,135.00 01/2023 - 2016-03 LANDSCAPE RENOVAT... Professional Services 401-0000-60103 6,237.50 01/2023 - LA QUINTA X PARK Professional Services 401-0000-60103 525.00 01/2023 - 2011-05 DUNE PALMS BRIDGE Professional Services 401-0000-60103 6,532.50 01/2023 - BLACKHAWK WAY SCHOOL CRO... Professional Services 401-0000-60103 875.00 01/2023 - 2021-01 DUNE PALMS ROAD P... Professional Services 401-0000-60103 75.00 01/2023 - CITYWIDE STRIPING REFRESH Professional Services 401-0000-60103 2,380.00 01/2023 - JEFFERSON ST SLURRY SEAL IM... Professional Services 401-0000-60103 1,575.00 01/2023 - AVE 50 BRIDGE SPANNING THE ... Professional Services 401-0000-60103 350.00 01/2023-JEFFERSONSTATAVE 53ROUN... Professional Services 401-0000-60103 562.50 01/2023 - WASHINGTON ST AT AVE 50/CA... Professional Services 401-0000-60103 700.00 01/2023 - AVE 50 REHAB WASH ST TO EIS... Professional Services 401-0000-60103 1,612.50 01/2023 - AVE 48 ART AND MUSIC LINE Professional Services 401-0000-60103 175.00 01/2023 - CITYWIDE MISC ADA IMPROVE... Professional Services 401-0000-60103 12,815.00 01/2023 - 2019-05 HIGHWAY 111 CORRID... Professional Services 401-0000-60103 700.00 01/2023 - SPORTS COMPLEX LIGHTING RE... Professional Services 401-0000-60103 350.00 02/10/23 - CITYWIDE CAMERA SYSTEM M... Construction 401-0000-60188 3,521.25 2/17/23 - PADLOCK FOR CABINET LOCK Construction 401-0000-60188 490.82 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 44,249.57 02/01/23 - PAINT FOR CH PARKING STRUC... City Bldg Repl/Repair 501-0000-71103 1,509.68 01/2023 - CAR WASH SERVICES Vehicle Repair & Maintenance 501-0000-60676 12.00 01/30/23 - KEYS FOR VEHICLE VIN #H1266... Vehicle Repair & Maintenance 501-0000-60676 391.80 02/2023 - FLEET LEASES Vehicles, Rentals & Leases 501-0000-71030 5,685.34 03/2023 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 01/2023 - FUEL Fuel & Oil 501-0000-60674 743.33 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 11,430.66 02/2023 - CH CABLE (4625) Cable/Internet - Utilities 502-0000-61400 175.81 02/10-03/09/23 - CH INTERNET (2546) Cable/Internet - Utilities 502-0000-61400 2,079.00 02/12-03/11/23 - CITY YARD CABLE (4080) Cable/Internet - Utilities 502-0000-61400 81.77 01/2023 - CC VIDEO STREAMING Consultants 502-0000-60104 300.00 01/2023 - MONTHLY FEE Consultants 502-0000-60104 1,100.00 02/03-03/02/23 - 2ND CITY INTERNET LINE Cable/Internet - Utilities 502-0000-61400 1,208.26 02/04-03/03/23 - DSL SVC Cable/Internet - Utilities 502-0000-61400 350.62 Fund 502 - INFORMATION TECHNOLOGY Total: 5,295.46 11/15-12/19/22 - REPLACED 12KV FUSE AT.. Repair & Maintenance 601-0000-60660 6,571.88 Fund 601 - SILVERROCK RESORT Total: 6,571.88 Grand Total: 3,099,783.77 2/24/2023 1:06:54 PM Page 3 of 5 Demand Register Packet: APPKT03398 - 02/24/20231B Fund Summary Fund Expense Amount 101 - GENERAL FUND 2,937,700.32 201 - GAS TAX FUND 675.23 202 - LIBRARY & MUSEUM FUND 5,948.92 215 - LIGHTING & LANDSCAPING FUND 89,005.12 221 - AB 939 - CALRECYCLE FUND -13,865.39 241 - HOUSING AUTHORITY 302.00 250-TRANSPORTATION DIF FUND 5,830.00 251 - PARKS & REC DIF FUND 290.00 252 - CIVIC CENTER DIF FUND 1,440.00 254 - COMMUNITY & CULTURAL CENTERS DIF 4,130.00 259 - MAINTENANCE FACILITIES DIF FUND 780.00 401 - CAPITAL IMPROVEMENT PROGRAMS 44,249.57 501 - FACILITY & FLEET REPLACEMENT 11,430.66 502 - INFORMATION TECHNOLOGY 5,295.46 601 - SILVERROCK RESORT 6,571.88 Grand Total: 3,099,783.77 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 6,974.50 101-0000-20307 Due to Waste Manageme... 3,113,304.62 101-0000-20308 SMIP Fees Payable 55.38 101-0000-20330 Over Payments, AR Policy 98.00 101-0000-41505 Franchise Taxes - Burrtec -309,943.92 101-1001-60320 Travel & Training 487.69 101-1002-60103 Professional Services 2,312.50 101-1002-60351 Membership Dues 6,974.50 101-1004-60129 Recruiting/Pre-Employme... 64.00 101-1007-60403 Citywide Supplies 215.22 101-1007-60470 Postage 57.65 101-2001-60420 Operating Supplies 310.68 101-2002-60112 Landscape Contract 1,510.00 101-2002-60125 Temporary Agency Servic... 2,989.44 101-2002-80101 Machinery & Equipment 5,718.95 101-3003-60149 Community Experiences 2,446.84 101-3005-60112 Landscape Contract 60,804.00 101-3005-60431 Materials/Supplies 3,931.54 101-3005-60554 LQ Park Water Feature 843.00 101-3005-60691 Maintenance/Services 12,329.30 101-3008-60115 Janitorial 13,863.78 101-3008-60431 Materials/Supplies 1,734.90 101-3008-60667 HVAC 125.00 101-3008-60691 Maintenance/Services 4,226.93 101-6002-60450 Advertising 434.28 101-6004-60108 Technical 20.00 101-6006-60125 Temporary Agency Servic... 2,180.75 101-7003-60420 Operating Supplies 136.71 101-7003-60432 Tools/Equipment 3,166.19 101-7006-60104 Consultants 175.00 101-7006-60146 PM 10 - Dust Control 152.89 201-7003-60429 Traffic Control Signs 225.66 201-7003-60433 Paint/Legends 449.57 202-3004-60112 Landscape Contract 869.00 202-3004-60115 Janitorial 2,844.14 202-3004-60667 HVAC 125.00 202-3006-60112 Landscape Contract 181.00 202-3006-60115 Janitorial 885.93 202-3006-60123 Security & Alarm 239.25 202-3006-60691 Maintenance/Services 804.60 2/24/2023 1:06:54 PM 67 Page 4 of 5 Demand Register Packet: APPKT03398 - 02/24/2023113 Account Summary Account Number Account Name Expense Amount 215-7004-60104 Consultants 6,063.92 215-7004-60112 Landscape Contract 69,905.00 215-7004-60431 Materials/Supplies 4,183.98 215-7004-60691 Maintenance/Services 8,720.00 215-7004-61116 Electric - Utilities 132.22 221-0000-41506 Burrtec AB 939 Fee -13,865.39 241-9101-60103 Professional Services 302.00 250-0000-43200 Developer Fees 5,830.00 251-0000-43200 Developer Fees 290.00 252-0000-43200 Developer Fees 1,440.00 254-0000-43200 Developer Fees 4,130.00 259-0000-43200 Developer Fees 780.00 401-0000-60103 Professional Services 40,237.50 401-0000-60188 Construction 4,012.07 501-0000-60674 Fuel & Oil 743.33 501-0000-60676 Vehicle Repair & Mainte... 403.80 501-0000-71030 Vehicles, Rentals & Leases 5,685.34 501-0000-71032 Building Leases 3,088.51 501-0000-71103 City Bldg Repl/Repair 1,509.68 502-0000-60104 Consultants 1,400.00 502-0000-61400 Cable/Internet - Utilities 3,895.46 601-0000-60660 Repair & Maintenance 6,571.88 Grand Total: 3,099,783.77 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 3,041,538.92 111205P Professional Expense Dune Palms Bridge Imp/BRLKS-543 6,532.50 151609P Professional Expense La Quinta X Park 525.00 201603P Professional Expense La Quinta Landscape Renovation Ir 6,237.50 201709P Professional Expense Ave 53 Jefferson St.Roundabout 562.50 201804E Landscape & Lighting Median Island ... Landscape & Lighting Median Islan 11,188.44 201902P Professional Expense Avenue 50 Bridge Spanning the Ew 350.00 201905P Professional Expense Highway 111 Corridor Area Plan Irr 700.00 201923P Professional Expense Washington St at Ave 50/Calle Tarr 700.00 202003CT Construction Expense Citywide Public Safety Camera Sysi 3,521.25 202008P Professional Expense Avenue 48 Art and Music Line Proj 175.00 202101P Professional Expense Dune Palms Rd Pavement Rehab-F 75.00 202103P Professional Expense Citywide Miscellaneous ADA Imprc 187.50 202104P Professional Expense Citywide Striping Refresh 2,380.00 202108P Professional Expense FY 21/22 PMP Slurry Seal Improves 2,135.00 202117P Professional Expense Jefferson Street Slurry Seal Improv 1,575.00 202201P Professional Expense Avenue 50 Pavement Rehab (Was[ 1,612.50 202204P Professional Expense Sports Complex Lighting Replacem 350.00 202208P Professional Expense Citywide Miscellaneous ADA Imprc 12,815.00 202210P Professional Expense Moon River Drive Pavement Reha[ 525.00 202214P Professional Expense Avenue 52 Pavement Rehabilitatio 1,925.00 202215E Landscape Maintenance Refurbishm... Landscape Maint Refurbishment-P 360.00 202222P Professional Expense Blackhawk Way School Crossing 875.00 2223TMICT Construction Expense FY22/23 Traffic Maintenance Impr, 490.82 IRONE Ironman Expense Ironman Event 2,446.84 Grand Total: 3,099,783.77 *Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section. 2/24/2023 1:06:54 PM Page 5 of 5 ATTACHMENT 2 City of La Quinta Bank Transactions 2/13/2023 — 2/24/2023 Wire Transaction Listed below are the wire transfers from 2/13/2023— 2/24/2023. Wire Transfers: 02/17/2023 - WIRE TRANSFER - CALPERS 02/17/2023 - WIRE TRANSFER - CALPERS 02/17/2023 - WIRE TRANSFER - CALPERS 02/17/2023 - WIRE TRANSFER - LQCEA 02/17/2023 - WIRE TRANSFER - MISSION SQUARE 02/21/2023 - WIRE TRANSFER - COLONIAL LIFE INSURANCE 02/21/2023 - WIRE TRANSFER - US BANK TRUST 02/22/2023 - WIRE TRANSFER - STERLING HEALTH 02/22/2023 - WIRE TRANSFER - LANDMARK 02/22/2023 - WIRE TRANSFER - J&H ASSET PROPERTY MGMT 02/22/2023 - WIRE TRANSFER - J&H ASSET PROPERTY MGMT TOTAL WIRE TRANSFERS OUT $5,242.46 $14,383.57 $25,822.36 $504.00 $6,087.28 $8,312.50 $1,740,815.14 $6,299.88 $248,575.81 $40,578.85 $14,225.00 $2,110,846.85 .• 70 STUDY SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: March 7, 2023 STAFF REPORT AGENDA TITLE: DISCUSS CONVERTING RIVERSIDE COUNTY SHERIFF'S DEPARTMENT TRAFFIC CAR OFFICER POSITION TO A MOTOR OFFICER POSITION RECOMMENDATION Discuss converting a Riverside County Sheriff's Department traffic car officer position to a motor officer position. EXECUTIVE SUMMARY • Since 1982, the City has contracted with the Riverside County Sheriff's Department (RCSD) for law enforcement services. • La Quinta Sheriff's traffic team is currently staffed with five (5) traffic enforcement officers, consisting of three (3) traffic car officers, and two (2) motor officers. • Council considered a similar recommendation on 2/15/2022, however at that time council requested additional information, which is addressed in this report, and in the 4t" quarter 2022 (October — December) Police Quarterly Report, included as Departmental Report Item No. 8 in this agenda packet). FISCAL IMPACT Converting a traffic officer to a motor officer is estimated at a one-time cost of $40,000, which includes the cost of one new motorcycle, equipment, and a motor deputy pay differential of $1.95 per hour. Recurring annual cost is estimated to be $12,300 per year. The net annual increase is estimated to be $7,110 after savings associated with less patrol car mileage. BACKGROUND/ANALYSIS The City contracts with RCSD to provide law enforcement services. Under the current contract, five (5) deputies are allocated to the Traffic Team, three (3) officers are assigned to traffic cars, and two (2) officers are assigned to motors. Lt. Martinez is recommending converting one traffic car deputy to a motor officer to allow deputies to better serve the 71 community. Per Lt. Martinez a motor officer is better equipped to do the following versus a traffic car deputy: • Provide higher visibility by being able to maneuver through traffic more efficiently and be easily seen by motorists. • Monitor intersections more efficiently because motorcycles have more opportunities to safely park. • Overall, the smaller profile of a motorcycle versus a car allows for more advantageous positional opportunities while monitoring problem areas, or areas with higher complaints, which better assists in achieving the overall traffic safety goals. • Motorcycles do not only respond to traffic related incidents, they are also available to respond to crimes in -progress, as well has high priority calls, which in turn decreases overall response times within the city. • Motorcycles provide better support for local events with large vehicle and pedestrian attendance, such as the Ironman Triathlon, American Express Golf Tournament, and the Music Festival concerts. The mere presence of motor officers (more than cars) tends to make motorists drive more safely. The overall goal of a motor officer is not to ticket as many people as possible, but to educate the motoring public, lower traffic collisions, and make La Quinta safer for everyone. Prepared by: Martha Mendez, Public Safety Manager and Sgt. Kyle Lafond Approved by: Jon McMillen, City Manager 72 STUDY SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: March 7, 2023 STAFF REPORT AGENDA TITLE: DISCUSS NEW IMPROVEMENTS IN PUBLIC SAFETY TECHNOLOGY COST AND BENEFITS ANALYSIS RECOMMENDATION Discuss new improvements in public safety technology, specifically license plate reader cameras and gunshot detection software, cost and benefits analysis. EXECUTIVE SUMMARY • Community safety is a top priority for the City and staff works closely with Riverside County Sheriff Department (RCSD) to improve public safety services. • Implementation and use of improved technology has increased RCSD's investigation efficiency and success rate. • RCSD is at the forefront of the automated license plate reader system (ALPR); managing over 500 cameras throughout Riverside County. • Gunshot detector technology has improved in the last several years. This technology identifies the location of gunshots, which eliminates the need to rely on residents' reports, which if any, often lack a specific location. FISCAL IMPACT Improved technology implementation costs are as follows: Automated License Plate Reader (ALPR) ALPR $2,500 annual fee per camera (69 cameras) Initial Implementation Fee $350 per camera First Year Total 24-month contract Gunshot Detection Software Flock Safety Raven Radio Detection Device ShotSpotter Respond $172, 500 $24,150 $196,650 $369,150 $50,000 for 2 m2 Annual Fee $ 99,000 for 2 mi2 Annual Fee 73 BACKGROUND/ANALYSIS As law enforcement costs continue to increase an average of 2% to 5% annually, staff is looking for opportunities to increase efficiencies to support public safety. While no technology can substitute police staff, software improvements can increase police efficiency. In this report, RCSD and city staff examine two (2) of these technologies: 1) ALPR, and 2) gunshot detection software. ALPR RCSD has experience using Flock Safety ALPR technology since 2020. Currently, there are over 500 Flock cameras managed by RCSD throughout the County. Per RCSD, the Flock ALPR system has allowed them to solve multiple crimes, such as stolen vehicles, following suspects as they flee from a crime scene, and locating vehicles involved in Amber alerts, among other crimes. The Flock system can analyze vehicle license plates, vehicle characteristics such as color, type, make, and other identifiers such as stickers and roof racks. The vehicle characteristics are used to find matching vehicles and an alert system is activated throughout the Flock network to find a specific vehicle. One camera can capture up to two lanes and up to 30,000 vehicles a day. The cameras are solar powered and wireless; therefore, they can be easily installed on medians or streets. Due to the increased use of ALPR throughout California, the state passed, on October 6, 2015, Senate Bill 34 (SB 34) (Stats. 2015, 532), which imposes rules to protect the security of the system and protect personal information. Per SB 34, cities are required to hold a public hearing to approve the use of ALPR cameras. In addition, this bill imposes specified requirements on an "ALPR operator," including, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information. Similar requirements are also imposed on an "ALPR end -user" and require that ALPR information only be used for authorized purposes. The bill also authorizes an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm (Attachment 2). Gunshot Detector Gun violence is a top concern for La Quinta residents, and solving gun firing cases is difficult due to the lack of specific information provided by reporting parties. In most cases, if there is no witness or evidence of gunfire, police may not be able to find the gunshot location. Gunshot detection software triangulates the sound of the shots, providing a specific location to deputies, therefore police can respond to the origin of the gunfire and investigate. ShotSpotter software has been available for over 25 years, and more than 135 cities contract their services. ShotSpotter showcased their latest software to RCSD 74 and Staff and explained how their system works. Flock Safety system recently added a gunshot detector (Raven Audio Detection Device) to their system, and although new, RCSD stated Flock Safety is a viable option based on their track record with other products. The system also can integrate the gunshot detector to their ALPR cameras. Next Steps Staff seeks Council input on: • Desire to further review and contract any of these services • Explore other technology opportunities not included in this report. Prepared by: Martha Mendez, Public Safety Manager Approved by: Jon McMillen, City Manager Attachments: 1. RCSD Flock Safety ALPR Recommendation 2. Senate Bill 34 — Automated license plate recognition system: use of data 3. RCSD Gunshot Detection Deployment in La Quinta Assessment 75 76 ATTACHMENT 1 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT CHAD BIANCO, SHERIFF TO: Jon McMillen, City Manager FROM: Lt. Andy Martinez SUBJECT: Flock Safety ALPR Recommendation Attachments DATE: February 23, 2023 1. Flock Safety Budgetary Quote, Services Agreement, Sole Source, and IRS W9 Background The Riverside County Sheriff's Department (RCSD) has utilized Automated License Plate Reading (ALPR) technology since the early 2000's to enhance public safety, generate investigative leads and apprehend wanted persons. In 2015, Senate Bill 34 was passed to regulate how ALPR technology was deployed and used within communities and establish training and audit requirements. In 2020, the RCSD tested Flock Safety ALPR technology and found that alerts were delivered to patrol staff a lot quicker, its user interface was more intuitive, and its support and maintenance inclusive subscription model was preferred over our legacy ALPR. It was also found that its cost did not present any barriers of entry for many contract cities and surrounding agencies, which enhances agency collaboration to combat crime from a regional perspective. As a result, RCSD chose Flock Safety as their preferred ALPR vendor. To date, almost all Riverside County law enforcement agencies use some form of ALPR within their jurisdictions, most using or in the process of transitioning to Flock Safety. Recommendation 1. The Riverside County Sheriff's Department recommends council hold a public hearing for the use of ALPR technology, as prescribed by SB 34, within the La Quinta community. 2. The Riverside County Sheriff's Department recommends council approve a subscription to Flock Safety for 69 ALPR cameras installed throughout the city. 3. The Riverside County Sheriff's Department recommends council consider a subscription to Flock Safety's Raven (Gunshot Detection) system for deployment in the Cove residential area. 77 Future Opportunity Flock Safety currently supports the integration of Computer Aided Dispatch (CAD) data, Automated Vehicle Locator (AVL), and Gunshot Detection into their software to visualize active calls, analyze crime and plan responses to active events. Flock Safety recently released a Video Management System (VMS) to allow agencies to integrate live cameras feeds into their system, which will associate a segment of live video to license plate reads, which has the potential to enhance and expedite the filtering of video and the search for vehicles. Integration of Axis cameras currently exists on a 1 to 1 level, but Flock is working on a full Genetec integration to streamline connections. A common problem with sourcing technology for criminal investigations is identifying a single product that can serve as a central repository for all historical and current data to analyze and generate meaningful information. The Flock Group is the only known vendor that has this ability and is continuously working to enhance their level of service. Flock currently can integrate CAD, AVL, VMS, and Gunshot Detection features into a single solution allowing immediate access to patrol staff at critical moments from within their mobile computers, a stated goal for the La Quinta PSC System. Camera Coverage/Use When designing an ALPR technology deployment plan for maximum benefit, the local intended outcome/use case must be considered along with the focus areas entry and exit points, and areas of crime concentration that are intended to be mitigated. Deployed ALPR cameras create a virtual grid, generating specific data captured within; the more cameras that are added the smaller the virtual grids become, resulting in more accurate data. However, given that the City of La Quinta has deployed an effective PSCS throughout the city, a preliminary design was created to work in conjunction with the PSCS and larger virtual grids were preferred reducing the amount of cameras required and total cost. While the existing PSCS helps law enforcement determine or confirm an accurate series of events, deployed in conjunction with ALPR, law enforcement will also be able to identify vehicles involved. In a typical use case where a license plate was not captured by the PSCS, investigating deputies will use PSCS to follow vehicles throughout the city until the vehicle reaches an ALPR grid point to help identify it. Camera Deployment Focus Areas The following are the minimum number of cameras required to fully capture license plate entering and leaving the city of La Quinta, address crime concerns with the La Quinta Cove community and help mitigate crime within the business district. 1. Business Corridor 19 Cameras 2. Cove Community 10 Cameras 3. Entry/Exit Points 40 Cameras 78 Fiscal Impact Flock Safety only offers a subscription model, which is inclusive of installation, support and on -going maintenance at a rate of $2,500 per camera annually. A one-time installation fee of $350 per camera is assessed in year one. This subscription model doesn't allow for agency ownership of any camera; however, agencies retain ownership of data and images collected. The testing of the VMS integration is currently being offered to the City of La Quinta free of charge. The standard fee for this service is $500 per camera annually, which allows for 7-day video retention on the Flock Safety secured servers (AWS Government Cloud) and ability to play back, search and export. Flock Falcon ALPR One -Time Installation Flock Raven Gunshot Detection Total First Year Cost Reoccurring Annual Cost $2,500 (x69) $175,500 $350 (x69) $ 24,150 $ 50,000 $246,650 $222,500 Lt. Andy Martinez 79 :1 � ATTACHMENT 2 d� LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites SB-34 Automated license plate recognition systems: use of data. (2015-2016) SHARE THIS: In G Senate Bill No. 34 CHAPTER 532 An act to amend Sections 1798.29 and 1798.82 of, and to add Title 1.81.23 (commencing with Section 1798.90.5) to Part 4 of Division 3 of, the Civil Code, relating to personal information. Approved by Governor October 06, 2015. Filed with Secretary of State October 06, 2015. LEGISLATIVE COUNSEL'S DIGEST SIB 34, Hill. Automated license plate recognition systems: use of data. (1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator" as defined, including, among others, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information, as specified. The bill would impose similar requirements on an "ALPR end -user;' as defined. The bill would require an ALPR operator that accesses or provides access to ALPR information to maintain a specified record of that access and require that ALPR information only be used for authorized purposes. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. The bill would require a public agency, as defined, that operates or intends to operate an ALPR system to provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. The bill would also prohibit a public agency from selling, sharing, or transferring ALPR information, except to another public agency, as specified. 81 (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above. This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last. This bill also would incorporate additional changes to Section 1798.82 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. FM (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. 83 (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting of the notice on the agency's Internet Web site page, if the agency maintains one. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.1. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach;' and shall present the information described in paragraph (2) under the following headings: 'What Happened;' "What Information Was Involved;" "What We Are Doing," "What You Can Do;' and 'For More Information." Additional information may be provided as a supplement to the notice. 84 (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? What Information Was Involved? What We Are Doing. Other Important Information. [insert other important information] 85 For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency's Internet Web site page, if the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. 87 (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.2. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, 'personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (i) For purposes of this section, 'notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: :• (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting of the notice on the agency's Internet Web site page, if the agency maintains one. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, 'agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.3. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled 'Notice of Data Breach;' and shall present the information described in paragraph (2) under the following headings: "What Happened;' "What Information Was Involved;" "What We Are Doing," "What You Can Do;' and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH .o What Happened? What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. 91 (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. 92 (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency's Internet Web site page, if the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 2. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. 93 (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (j) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. 94 (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting of the notice on the Internet Web site page of the person or business, if the person or business maintains one. 95 (C) Notification to major statewide media. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.1. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled 'Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (j), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. 97 (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. 98 (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the Internet Web site page of the person or business, if the person or business maintains one. For purposes of this subparagraph, conspicuous posting on the person's or business's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.2. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. 99 (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (j) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health 100 Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. 101 (B) Conspicuous posting of the notice on the Internet Web site page of the person or business, if the person or business maintains one. (C) Notification to major statewide media. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.3. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (j), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? 102 What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. 103 (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. 104 (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the Internet Web site page of the person or business, if the person or business maintains one. For purposes of this subparagraph, conspicuous posting on the person's or business's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 3. Title 1.81.23 (commencing with Section 1798.90.5) is added to Part 4 of Division 3 of the Civil Code, to read: TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION 1798.90.5. The following definitions shall apply for purposes of this title: 105 (a) "Automated license plate recognition end -user" or "ALPR end -user" means a person that accesses or uses an ALPR system, but does not include any of the following: (1) A transportation agency when subject to Section 31490 of the Streets and Highways Code. (2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections. (3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code. (b) "Automated license plate recognition information;' or "ALPR information" means information or data collected through the use of an ALPR system. (c) "Automated license plate recognition operator" or 'ALPR operator" means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code. (d) "Automated license plate recognition system" or "ALPR system" means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer -readable data. (e) "Person" means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity. (f) "Public agency" means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency. 1798.90.51. An ALPR operator shall do all of the following (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals' privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following: (A) The authorized purposes for using the ALPR system and collecting ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons. (E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. (G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. 1798.90.52. If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following: 106 (a) Maintain a record of that access. At a minimum, the record shall include all of the following: (1) The date and time the information is accessed. (2) The license plate number or other data elements used to query the ALPR system. (3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated. (4) The purpose for accessing the information. (b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51. 1798.90.53. An ALPR end -user shall do all of the following: (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals' privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end -user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following: (A) The authorized purposes for accessing and using ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons. (E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. (G) The length of time ALPR information will be retained, and the process the ALPR end -user will utilize to determine if and when to destroy retained ALPR information. 1798.90.54. (a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. (b) The court may award a combination of any one or more of the following: (1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500). (2) Punitive damages upon proof of willful or reckless disregard of the law. (3) Reasonable attorney's fees and other litigation costs reasonably incurred. (4) Other preliminary and equitable relief as the court determines to be appropriate. 1798.90.55. Notwithstanding any other law or regulation: 107 (a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. (b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information. SEC. 4. (a) Section 1.1 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by both this bill and Senate Bill 570. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.29 of the Civil Code, (3) Assembly Bill 964 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 570, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative. (b) Section 1.2 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by both this bill and Assembly Bill 964. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.29 of the Civil Code, (3) Senate Bill 570 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 964, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. (c) Section 1.3 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by this bill, Senate Bill 570, and Assembly Bill 964. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 1798.29 of the Civil Code, and (3) this bill is enacted after Senate Bill 570 and Assembly Bill 964, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. SEC. 5. (a) Section 2.1 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by both this bill and Senate Bill 570. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.82 of the Civil Code, (3) Assembly Bill 964 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 570, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative. (b) Section 2.2 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by both this bill and Assembly Bill 964. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.82 of the Civil Code, (3) Senate Bill 570 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 964, in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative. (c) Section 2.3 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by this bill, Senate Bill 570, and Assembly Bill 964. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 1798.82 of the Civil Code, and (3) this bill is enacted after Senate Bill 570 and Assembly Bill 964, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative. 108 ATTACHMENT 3 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT CHAD BIANCO, SHERIFF TO: City Manager Jon McMillen FROM: Lt. Andy Martinez SUBJECT: Gunshot Detection Deployment in La Quinta Attachments 1. La Quinta Cove Community — Focus Area Map 2. ShotSpotter Quote 3. Flock Safety Quote Background DATE: 02/27/2023 Gun violence continues to be a primary concern for La Quinta residents, specifically residents within the La Quinta Cove community. During the years of 2020, 2021 and 2022, a total of 183, 82, and 51 reports of gunfire were reported in La Quinta, respectively. While it is commonly known that a lot of crime is not reported, ShotSpotter and Flock Safety assert that in cases of gun fire, the rate of unreported incidents averages 80%. If this average is true to the La Quinta community, the actual rates of gunfire for the same year periods could be as high as 915, 410, and 225. Solving gun fire cases is a difficult task when we consider the little information callers have or provide when reporting gunfire. Most callers only hear the gunfire and don't witness it, reporting that gunfire was heard "behind" their address or "a few blocks away". The only investigative response that can be provided is a canvass of the neighboring area for other witnesses, victims or evidence of gunfire (i.e. spent casings on the roadway). Gunshot detection software serves to triangulate the shots heard by strategically placed sensors within the focus area and deliver that information to responding deputies. Rather than responding to a general area, responses can be immediately focused to the exact origin of gunfire where deputies can begin searching for fleeing vehicles, suspects on foot, evidence in the roadway or have a narrowed scene to begin door to door canvasing for potential witnesses or community owned surveillance cameras. The city of Perris is a recent customer of ShotSpotter and a contract partner of the Riverside County Sheriff's Department. The captain of the Perris Station said they have seen a significant benefit to their gunfire responses and investigations since the deployment of ShotSpotter and are considering increasing the focus area in Perris. 109 Recommendation It is recommended that council consider both ShotSpotter and Flock Safety as viable providers of Gunshot Detection technology. The Riverside County Sheriff's Department (RCSD) doesn't not have a preference as to either and recognizes the technology maturity of each. ShotSpotter is the first vendor to offer this type of solution and has done so over the past decade. Flock Safety is relatively new to this segment of the market but has proven its ability to respond to law enforcement needs and design of their technology. Also, Flock Safety is RCSD's preferred vendor for Automated License Plate Reading (ALPR) technology and Flock does present a benefit in having an integrated/unified system that can manage, ALPR, Gunshot Detection, and sync with the city's existing Public Safety Camera System (PSCS). Fiscal Impact For the purpose of obtaining competitive quotes with the maximum benefit to the La Quinta Cove Community, the focus area was identified to include the entire cove community and the lower ungated residential areas along Washington St. This focus areas measured to be about 2 square miles. (See Attachment # 1). ShotSpotter $99,000 Flock Safety $50,000 Lt. Andv Martinez 110 .•] ShotSpotter Respond'" 39300 Civic Center Dr., Suite 300 Fremont, CA 94538-2337 Phone:888.274.6877 Fax:650.887.2106 Quotation For: Assistant Chief Andres Martinez La Quinta Police Department Civic Center Campus 78-495 Calle Tampico La Quinta, CA 92253 DATE 2023-02-27 Quotation # LAQUINTA022723 Customer ID La Quinta PD Quotation valid until: 2023-05-28 Prepared by: M. DeSeve Comments or Special Instructions: Respond Annual Subscription Services for one year for 2 mi2 of coverage. The proposed services will be delivered according to the terms and conditions contained in the ShotSpotter Respond Services Agreement. Upon acceptance of this price quote, ShotSpotter will develop a formal proposal. ShotSpotter systems are deployed to provide coverage for a specified area. The pricing presented below assumes a simplified design for the proposed ShotSpotter coverage area, one that targets the City's highest crime area(s), while avoiding a highly customized coverage area. ShotSpotter will locate the proposed two square mile coverage area based upon the Police Department's requirements. ShotSpotter will collaborate with Police Department stakeholders to determine the final coverage area location and related boundaries. SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA TERMS Silva Electronic Net 30 QUANTITY DESCRIPTION UNIT PRICE TAXABLE? AMOUNT 2 mi2 ShotSpotter Respond Annual Subscription Services $49,500* per mi2 $99,000 2 mi2 One-time ShotSpotter Service Initiation fee Included $0 1 One-time ShotSpotter Onboarding fee Included $0 SUBTOTAL TAX RATE SALES TAX OTHER TOTAL $99,000 $0 $0 $99,000 Please contact Jason Silva at 510.513.3921 or jsilva@shotspotter.com with any questions or to accept this quote and request a formal proposal. *ShotSpotter's current annual subscription fee for cities the size of La Quinta is $49,500 per square mile. Please note, this rate is available for coverage areas up to a total of two (2) square miles. Any coverage beyond two square miles will be at ShotSpotter's standard annual subscription rate of $70,000 per square mile, plus a one-time Service Initiation Fee of $10,000 per mi2. THANK YOU FOR YOUR BUSINESS! 112 f ioock safety Budgetary Quote This document is for informational purposes only. Pricing is subject to change. Created Date: 02/21/2023 Expiration Date: 03/31/2023 Quote Number: Q-15489 Prepared By: Jesse Mund Phone: 7138996379 Email: jesse.mund@flocksafety.com Address Information Bill To: 78495 Calle Tampico La Quinta, California 92253 Billing Company Name Billing Contact Name: Billing Email Address: Billing Phone: Billing Fax: Terms and Conditions CA -City of La Quinta Contract Start Date: 03/31/2023 Subscription Term: 24 Months Ship To: 78495 Calle Tampico La Quinta, California 92253 Billing 50% of Annual Contract + 100% of Frequency: Implementation Invoiced at Signing. 25% of Annual Contract Invoiced at First Camera Validation. 25% of Annual Contract Invoiced at Last Camera Validation. Annual payments invoiced for remainder of subscription term. 113 f ioock safety Professional Services and One -Time Purchases Professional Services One-time Professional Services engagement. Includes $350.00 69.00 $24,150.00 - Standard site and safety assessment, camera setup and testing, Implementation Fee and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. Hardware and Software Products Annual recurring amounts over subscription term Products Product Description Product Product Annual Sales Price Quantity Product Price Falcon Law enforcement grade infrastructure -free (solar $2,500.00 69 $172,500.00 power + LTE) license plate recognition camera with Vehicle Fingerprint TM technology (proprietary machine leaming software) and real-time alerts for unlimited users. Raven Audio Raven Audio detection - 1 square mile of coverage. $25,000.00 2 $50,000.00 Detection Device - Number of units deployed depends on geography and lmi density of area. Raven detection is license by coverage area, not number of units. Subtotal Year 1: $246,650.00 Annual Recurring Subtotal: $222,500.00 Subscription Term: 24 Months Estimated Tax: $0.00 Contract Total: $469,150.00 114 f ioock safety Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice — this document is a non -binding proposal for providing informational purposes only. Pricing is subject to change. This proposal shall be valid until the documented expiration date. 115 116 STUDY SESSION ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: March 7, 2023 STAFF REPORT AGENDA TITLE: DISCUSS FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 DRAFT MASTER PLAN RECOMMENDATION Discuss Fritz Burns Park Improvements Project No. 2021-02 Draft Master Plan. txtc:UTIVE SUMMARY • Fritz Burns Park (Park) is located on the corner of Avenue 52 and Avenida Bermudas (Attachment 1) and currently contains: o Swimming pool o Water Feature o Children's play area o Skate park o Picnic tables and benches o Dog park o Restrooms o Parking lot and off-street 0 6 tennis courts parking 0 8 pickle ball courts • The La Quinta community identified additional amenities at the Park as a priority during the 2021 annual Community Workshop. • A Fritz Burns Park Draft Master Plan (Draft Plan) has been developed, which includes community feedback acquired through an initial community survey. • The Draft Plan identifies four (4) phases to implement additional Park amenities. (Attachment 2) FISCAL IMPACT The Capital Improvement Program (CIP) currently includes funding for this project in the amount of $850,000 for master planning and design services. The detailed construction estimates (with 15% construction contingency) for the proposed four (4) phases are identified in Attachment 3, which include soft costs and are summarized below: PHASE COST ESTIMATE Phase 1 * $604,909 Phase 2 $3,672,539 Phase 3 $390,517 Phase 4 $1,367,126 TOTAL $6,035,091 *Staff is currently procuring cost estimates from vendors for this phase 117 BACKGROUND/ANALYSIS The total project area is 7.5 acres, located on the corner of Avenue 52 and Avenida Bermudas. The Fritz Burns property was donated to the City to serve as noncommercial public space. The property currently has a regional Park and is adjacent to the City's Corporate Yard and Fire Station No. 32. The Park contains a swimming pool, children's play area, picnic tables and benches, restrooms, six (6) tennis courts, eight (8) pickle ball courts, a water feature, a skate park, a dog park, parking lot and off-street parking. The La Quinta community identified additional amenities at the Park as a priority during the 2021 annual Community Workshop. Subsequently, funding was included in the fiscal year (FY) 2021/22 CIP to provide master planning services and in FY 2022/23 CIP to provide design services. Following a request for proposals in 2022, IN -SITE Landscape Architecture, Inc. was selected to provide master planning services for this project and the Draft Plan was prepared. The Draft Plan proposes to keep most of the existing Park amenities, including courts, skate park, playground, pool, and pool building; and identifies four (4) phases to implement additional amenities and improvements as outlined below: Phase 1: Phase 2: Phase 3: Phase 4: ✓ Replacement of tennis court/pickle ball court shade structures; ✓ Conversion of two (2) tennis courts to eight (8) pickle ball courts. ✓ Plaza with public art play element, seating, and shade; ✓ Expanded playground with new equipment, shade, lighting, and drinking fountains; ✓ Restroom building; ✓ Tree lined promenade with seating and picnic tables; ✓ Bicycle racks and tune-up station. ✓ Modified existing parking lot; ✓ New parking lot with tree islands; ✓ Electric Vehicle charging stations. ✓ New water playground wading pool; ✓ Expanded pool deck with shade and seating; ✓ Expanded pool equipment area. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Location 2. Draft Phased Master Plan 3. Draft Phased Opinion of Probable Construction Costs 118 ATTACHMENT 1 E- A iVl PARCEL • Y 4 04 - ,iri7 '• _ 1.43 ACRES .. � ' • •.. .`. �,. ;� ERIT BURNIS! .- R 4 MI,�S HACK LANE cDi Z m z 119 120 ATTACHMENT 2 1i 1 % S Preliminary Idea of the Tree -tined promenade with seating � �- - �\ � Preliminary Idea of the eight add ltone l picklehell toads t —. iJ e Preliminary Idea of the Pool expansion with Water Playground ' _ a,�, _ /' Preliminary Idea of the Exandad PIa •• `Jt ¢; y p yground with Shade and Lighting Fire Station oil in in IN �� �I in MEN 0 MIS so milli go in oil Preliminary Idea of new plaza with public an play element "' �` , _ •rl \� ` —I Option to add anew Tennis Court or P cklehell Courts Into City of Le Qu nta Operations and Maintenance Yard Cityit f La Cwta n Operations a d M tenance Option to Keep the Existing Dog Park and not Expand the Parking Lot t„ Preliminary Idea of new plaza with publican play element Mr— / F7U It N II Opt ry e o Remove skate Park and Expand - � and Expand Parking Lot Rr —_ ta,.— D Preliminary Idea of enhanced shading and landscaping of parking LY � ��-�y ��,. *. •Y (/�' (All Preliminary Ideas are subject j!langje m ) Z ® NORTH `�/ _� 3/1/23 N 121 1i 1 Preliminary Idea of the Tree -fined promenade with seating r_ Preliminary Idea otihe eight audit onel pickle11 hell coons r Preliminary Idea of the Pool expansion with Water Playground ' ! a,�, s /' Preliminary Idea of the Expanded Playground ,' '' � E_ nd with Shade and Lighting • ., .... Y P Ygrou Fire Station - IN . Iloilo milliIloilo ■■ ■■ ■o ` .� rig . P. ■■ ■■ ■■ ■� - -- Preliminary Idea of new plaza with publican play element "' -�` •rl Opt on to add a new Tennis Court P klehalll Courts Into City of La Qunta Operations and Maintenance Yard VV Cit f La Quint, Operations and Maintenance c Option to Keep the Existing Dog Park and not Expand _ • • i — -�5 the Parking Lot it II Preliminary Idea of new plaza with public an play element ♦ _ YiC " u- _T' fz �- "'�'"3u� 1 _ ma 1 i I Option to Remove Skate Park �• _ and Expand Parking Lot Preliminary Idea of enhanced shading and landscaping of parking Ir �.,. • r.•• . Y * a ® aza' ao' eo' ua NORTH _MMMMM% (All Preliminary Ideas are subject to change) 3/1 /23 122 ATTACHMENT 3 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate 0310112023 Item No. Description Unit Price Unit Base Master Plan Total Price 1.0 DEMOLITION Mobilization $ 18,000.00 AC 5.50 $99,000.00 Demolition, Miscellaneous Removals $ 4,000.00 AC 5.50 $22,000.00 Portable Restroom w/ hand washing Station $ 400.00 MTH 28.00 $11,200.00 Sawcut Existing Asphalt $ 3.00 LF 814.00 $2,442.00 Demo Asphalt and Base Course $ 3.00 SF 3,323.00 $9,969.00 Demo Existing Shrubs and irrigation $ 1.00 SF 14,644.00 $14,644.00 Demo Existing Shrubs and stub irrigation at Planters to Remain $ 1.00 SF 8,762.00 $8,762.00 Demo Turf $ 1.00 SF 41,891.00 $41,891.00 Sawcut Concrete $ 3.25 LF 278.00 $903.50 Demolish Concrete Paving $ 3.00 SF 9,208.00 $27,624.00 Demolish Play Area Surfacing $ 0.50 SF 6,649.00 $3,324.50 Demolish Existing Skate Park (see options) $ 30,000.00 LS - $0.00 Demolish Existing Overhead Structure (at Stadium Seating) $ 5,000.00 EA 1.00 $5,000.00 Demolish Existing Overhead Structures $ 1,000.00 EA 12.00 $12,000.00 Demo Existing Trees and Grind Roots $ 1,500.00 EA 18.00 $27,000.00 Demo Fence $ 3.00 LF 485.00 $1,455.00 Demo Masonry Walls $ 10.00 LF 74.00 $740.00 Demo Concrete Curb $ 4.00 LF 720.00 $2,880.00 SUBTOTAL "DEMOLITION" ITEMS: $290,835.00 2.0 GRADING Construction Water $ 500.00 AC 5.50 $2,750.00 Cut / Fill (Assume F depth) $ 6.00 CY 2,613.81 $15,682.89 Fine Grade $ 0.10 SF 70,573.00 $7,057.30 Overex $ 0.40 SF 30,089.00 $12,035.60 Erosion Control - Complete per the Erosion Control plans, SWPPP and the RWCB requirements (Inc. Maintenance, Stabilized Construction Entrances, etc.) 9k per AC for all phases $ 9,000.00 AC 5.50 $49,500.00 SUBTOTAL "GRADING" ITEMS: $87,025.79 3.0 STORM DRAIN Storm Drain Pipe PVC 06-inch Sch. 40 Storm Drain Pipe PVC 12-inch Sch. 40 $ 40.25 LF 580.00 $23,345.00 $ 51.75 LF 550.00 $28,462.50 NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No. 1200, 1212, 1200FF) 4 at the pool 8 at phase 2 $ 368.00 EA 12.00 $4,416.00 SUBTOTAL "STORM DRAIN" ITEMS: $56,223.50 4.0 WATER Water supply for pool play equipment $ 40,000.00 LS 1.00 $40,000.00 Water Meter / Service/ and Backflow Preventer $ 40,000.00 EA 1.00 SUBTOTAL "WATER" ITEMS: $40,000.00 $80,000.00 5.0 DRY UTILITIES Below Grade Electrical Conduit and Wire Run (All required) $ 30.00 LF 1,003.00 $30,090.00 Pullbox (All required) $ 2,500.00 AC 3.40 $8,500.00 Above Grade Weatherproof Junction Box (1 at each Shelter) $ 250.00 EA 11.00 $2,750.00 Event Electric Power Pedestal $ 3,385.00 EA 1.00 $3,385.00 30 AMP Power Pedestal $ 1,200.00 EA 1.00 $1,200.00 Park Light Type 'A' $ 7,500.00 EA 12.00 $90,000.00 Park Light Type 'B' Bollard Light Light $ 7,500.00 EA 16.00 $120,000.00 Park Light Type 'C' Trellis / Down Light $ 1,200.00 EA 12.00 $14,400.00 New Tennis Court Lighting (See options) $ 15,000.00 EA - $0.00 Panels with feeder wire only $ 16,200.00 EA 1.00 $16,200.00 Electrical Company - Connection $ 49,700.00 LS 1.00 SUBTOTAL "DRY UTILITY" ITEMS: $49,700.00 $336,225.00 6.0 SURFACE IMPROVEMENTS Construct Curb & Gutter 6" $ 31.00 LF 930.00 $28,830.00 4-inch PCC Walkway $ 10.00 SF 18,085.00 $180,850.00 Pickleball Court Re -surfacing and Striping (over tennis court) $ 2.00 SF 14,115.00 $28,230.00 Pickleball Court Re -surfacing and Striping (8 existing courts) $ 2.00 SF 14,115.00 $28,230.00 Construct Concrete Mow Curb (6-inch x 6-inch) $ 15.00 LF 890.00 $13,350.00 Construct Curb at Tot Lot $ 65.00 LF 443.00 $28,795.00 Construct Play Engineered Wood Fiber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $ 6.00 SF 6,969.00 $41,814.00 123 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate 0310112023 Construct Play Poured -in -place Rubber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $ 20.00 SF 1,760.00 $35,200.00 Construct Play Area ADA Ramp (4 Locations) $ 15.00 SF 200.00 $3,000.00 Construct Stabilized Decomposed Granite 4-inch $ 3.00 SF 1,780.00 $5,340.00 Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles, rebar, grout joint, mortar, etc) $ 50.00 SF 30.00 $1,500.00 Construct Asphalt Paving Class II Base $ 1.50 SF 6,288.00 $9,432.00 Construct Asphalt Paving $ 3.00 SF 6,288.00 $18,864.00 Resurface Asphalt Paving $ 1.50 SF 23,024.00 $34,536.00 Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc) $ 8,000.00 LS 1.00 $8,000.00 SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS: $465,971.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES Construct 5' high Tubular Steel Fence $ 50.00 LF 182.00 $9,100.00 Construct 12' high Chain Link Fence (See Options) $ 80.00 LF - $0.00 Paint / Refainsh Existing Tubular Steel Fence $ 5.00 LF 201.00 $1,005.00 Construct 5' high Tubular Steel Gate (Inc. Footings, Posts, Gate Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate) $ 1,200.00 EA 2.00 $2,400.00 Construct Retaining Wall $ 150.00 LF 85.00 $12,750.00 Construct Seat Wall $ 120.00 LF 167.00 $20,040.00 Boulder Seat Walls $ 800.00 EA 70.00 $56,000.00 Shade Sail Posts $ 3,000.00 EA 7.00 $21,000.00 Shade Sail Fabric $ 5,000.00 EA 3.00 $15,000.00 Court Nets $ 2,000.00 EA 8.00 $16,000.00 Overhead Structure A - 22'X32' Custom Curved $ 76,730.00 EA 2.00 $153,460.00 Overhead Structure C - Bleachers - 24'X63' $ 154,517.50 EA 1.00 $154,517.50 Overhead Structure D - 14'X14' $ 42,281.25 EA 2.00 $84,562.50 Overhead Structure F - 14'X86' $ 132,325.75 EA 1.00 $132,325.75 Overhead Structure G- 16'X42' Custom Curved $ 67,363.75 EA 1.00 $67,363.75 Overhead Structure H - Radii $ 62,283.75 EA 4.00 $249,135.00 Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height) $ 2.50 LF 3,217.00 $8,042.50 SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS: $1,002,702.00 8.0 LANDSCAPE Tree 24" Box $ 320.00 EA 46.00 $14,720.00 Tree 36" Box $ 800.00 EA 26.00 $20,800.00 Palm - Phoenix dactylifera $ 5,500.00 EA 17.00 $93,500.00 Root Barrier $ 9.00 LF 468.00 $4,212.00 Shrub 5 Gal $ 25.00 EA 2,396.00 $59,900.00 Turf - Bermuda Sod $ 1.00 SF 14,009.00 $14,009.00 Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas) $ 1.00 SF 30,211.00 $30,211.00 Irrigation $ 2.50 SF 44,220.00 $110,550.00 New Irrigation Controller $ 15,000.00 EA 1.00 $15,000.00 Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF 44,220.00 $8,844.00 Weed Abatement $ 0.02 SF 44,220.00 $884.40 Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF 44,220.00 $8,844.00 Boulder (I2-inch- 24-inch)'Desert Select' $ 200.00 EA 25.00 $5,000.00 Boulder (24-inch - 30-inch) 'Desert Select' $ 350.00 EA 25.00 $8,750.00 Boulder (30-inch - 36-inch) 'Desert Select' $ 450.00 EA 25.00 $11,250.00 SUBTOTAL "LANDSCAPE" ITEMS: $406,474.40 9.0 SITE FURNISHINGS Trash Receptacle $ 1,500.00 EA 14.00 $21,000.00 Hot Coal Container $ 1,600.00 EA 2.00 $3,200.00 Drinking Fountain $ 7,000.00 EA 3.00 $21,000.00 Bike Rack (Inc. Footing) $ 1,200.00 EA 7.00 $8,400.00 Bike Tune up station (Inc. Footing) $ 3,000.00 EA 1.00 $3,000.00 BBQ Grill (Inc. Footing) $ 800.00 EA 2.00 $1,600.00 Bench $ 2,500.00 EA 18.00 $45,000.00 Table with Chairs $ 5,000.00 EA 5.00 $25,000.00 Umbrella $ 2,000.00 EA 11.00 $22,000.00 Small Table at pool Lounge Chairs $ 400.00 EA 11.00 $4,400.00 Moveable Chaise Lounge $ 1,600.00 EA 22.00 $35,200.00 Fixed Chaise Lounge $ 3,000.00 EA 18.00 $54,000.00 Picnic Table $ 3,000.00 EA 9.00 $27,000.00 Goric Modular seating Curvy Blocks at Plaza $ 750.00 EA 110.00 $82,500.00 Construct Dog Bag Dispenser (Inc. Footing, etc.) $ 350.00 EA 2.00 $700.00 SUBTOTAL "SITE FURNISHINGS" ITEMS: 124 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate 0310112023 $354,000.00 10.0 PARK AMENITIES New Wading Pool $ 200,000.00 EA 1.00 $ 300,000.00 EA 1.00 $200,000.00 $300,000.00 Play Structure at Wading Pool Play Structures at Playground $ 250,000.00 EA 1.00 $250,000.00 Public Restroom $ 400,000.00 EA 1.00 $400,000.00 SUBTOTAL "PARK AMENITIES" ITEMS: $1,150,000.00 SUMMARY Subtotal: 1.0 $290,835.00 DEMOLITION 2.0 GRADING $87,025.79 3.0 4.0 STORM DRAIN $56,223.50 WATER $80,000.00 5.0 DRY UTILITIES $336,225.00 6.0 SURFACE IMPROVEMENTS $465,971.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES $1,002,702.00 8.0 LANDSCAPE $406,474.40 9.0 SITE FURNISHINGS $354,000.00 10.0 PARK AMENITIES $1,150,000.00 SUB TOTAL PROBABLE CONSTRUCTION COSTS: $4,2291456.69 Contigency (15%) $6341418.50 TOTAL PROBABLE CONSTRUCTION COSTS with $4,863,875.19 Contigency: 125 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 1 0310112023 Item to Description Unit Price Unit Unit Price Unit Base Master Plan Total Price 1.0 DEMOLITION Mobilization $ 18,000.00 AC $ 18,000.00 AC 0.80 $14,400.00 Demolition, Miscellaneous Removals $ 4,000.00 AC $ 4,000.00 AC 0.80 $3,200.00 Portable Restroom w/ hand washing Station $ 400.00 MTH $ 400.00 MTH 2.00 $800.00 Sawcut Existing Asphalt $ 3.00 LF $ 3.00 LF - $0.00 Demo Asphalt and Base Course $ 3.00 SF $ 3.00 SF - $0.00 Demo Existing Shrubs and irrigation $ 1.00 SF $ 1.00 SF - $0.00 Demo Existing Shrubs and stub irrigation at Planters to Remain $ 1.00 SF $ 1.00 SF 3,005.00 $3,005.00 Demo Turf $ 1.00 SF $ 1.00 SF - $0.00 Sawcut Concrete $ 3.25 LF $ 3.25 LF 45.00 $146.25 Demolish Concrete Paving $ 3.00 SF $ 3.00 SF 186.00 $558.00 Demolish Play Area Surfacing $ 0.50 SF $ 0.50 SF 15.00 $7.50 Demolish Existing Skate Park (see options) $ 30,000.00 LS $ 30,000.00 LS - $0.00 Demolish Existing Overhead Structure (at Stadium Seating) $ 5,000.00 EA $ 5,000.00 EA 1.00 $5,000.00 Demolish Existing Overhead Structures $ 1,000.00 EA $ 1,000.00 EA - $0.00 Demo Existing Trees and Grind Roots $ 1,500.00 EA $ 1,500.00 EA - $0.00 Demo Fence $ 3.00 LF $ 3.00 LF - $0.00 Demo Masonry Walls $ 10.00 LF $ 10.00 LF - $0.00 Demo Concrete Curb $ 4.00 LF $ 4.00 LF - $0.00 SUBTOTAL "DEMOLITION" ITEMS: $27,116.75 2.0 GRADING Construction Water $ 500.00 AC $ 500.00 AC 0.80 $400.00 Cut / Fill (Assume 1' depth) $ 6.00 CY $ 6.00 CY 111.30 $667.78 Fine Grade $ 0.10 SF $ 0.10 SF 3,005.00 $300.50 Overex $ 0.40 SF $ 0.40 SF - $0.00 Erosion Control - Complete per the Erosion Control plans, SWPPP and the RWCB requirements (Inc. Maintenance, Stabilized Construction Entrances, etc.) 9k per AC for all phases $ 9,000.00 AC $ 9,000.00 AC 0.80 $7,200.00 SUBTOTAL "GRADING" ITEMS: 11 1 1 1 1 $8,568.28� 3.0 STORM DRAIN 11 Storm Drain Pipe PVC 06-inch Sch. 40 $ 40.25 LF $ 40.25 LF - $0.00 Storm Drain Pipe PVC 12-inch Sch. 40 $ 51.75 LF $ 51.75 LF - $0.00 NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No. $ 368.00 EA $ 368.00 EA - $0.00 1200, 1212, 1200FF) 4 at the pool 8 at phase 2 SUBTOTAL "STORM DRAIN" ITEMS: 4.0 WATER Water supply for pool play equipment $ 40,000.00 LS $ 40,000.00 LS - $0.00 Water Meter / Service/ and Backflow Preventer $ 40,000.00 EA $ 40,000.00 EA - $0.00 SUBTOTAL "WATER" ITEMS: $0.00 5.0 DRY UTILITIES Below Grade Electrical Conduit and Wire Run (All required) $ 30.00 LF $ 30.00 LF 134.00 $4,020.00 Pullbox (All required) $ 2,500.00 AC $ 2,500.00 AC - $0.00 Above Grade Weatherproof Junction Box (1 at each Shelter) $ 250.00 EA $ 250.00 EA 4.00 $1,000.00 Event Electric Power Pedestal $ 3,385.00 EA $ 3,385.00 EA - $0.00 30 AMP Power Pedestal $ 1,200.00 EA $ 1,200.00 EA - $0.00 Park Light Type 'A' $ 7,500.00 EA $ 7,500.00 EA 1.00 $7,500.00 Park Light Type'B' Bollard Light Light $ 7,500.00 EA $ 7,500.00 EA - $0.00 Park Light Type'C' Trellis / Down Light $ 1,200.00 EA $ 1,200.00 EA 8.00 $9,600.00 New Tennis Court Lighting (See options) $ 15,000.00 EA $ 15,000.00 EA - $0.00 Panels with feeder wire only $ 16,200.00 EA $ 16,200.00 EA - $0.00 Electrical Company - Connection $ 49,700.00 LS $ 49,700.00 LS - $0.00 SUBTOTAL "DRY UTILITY" ITEMS: $22,120.00 6.0 SURFACE IMPROVEMENTS Construct Curb & Gutter 6" $ 31.00 LF $ 31.00 LF - $0.00 4-inch PCC Walkway $ 10.00 SF $ 10.00 SF - $0.00 Pickleball Court Re -surfacing and Striping (over tennis court) $ 2.00 SF $ 2.00 SF 14,115.00 $28,230.00 Pickleball Court Re -surfacing and Striping (8 existing courts) $ 2.00 SF $ 2.00 SF 14,115.00 $28,230.00 Construct Concrete Mow Curb (6-inch x 6-inch) $ 15.00 LF $ 15.00 LF - $0.00 Construct Curb at Tot Lot $ 65.00 LF $ 65.00 LF - $0.00 Construct Play Engineered Wood Fiber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $ 6.00 SF $ 6.00 SF - $0.00 Construct Play Poured -in -place Rubber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $ 20.00 SF $ 20.00 SF - $0.00 Construct Play Area ADA Ramp (4 Locations) $ 15.00 SF $ 15.00 SF - $0.00 126 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 1 0310112023 Construct Stabilized Decomposed Granite 4-inch $ 3.00 SF $ 3.00 SF - $0.00 Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles, rebar, grout joint, mortar, etc) $ 50.00 SF $ 50.00 SF - $0.00 Construct Asphalt Paving Class II Base $ 1.50 SF $ 1.50 SF - $0.00 Construct Asphalt Paving $ 3.00 SF $ 3.00 SF - $0.00 Resurface Asphalt Paving $ 1.50 SF $ 1.50 SF - $0.00 Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc) $ 8,000.00 LS $ 8,000.00 LS - $0.00 SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS: $56,460.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES Construct Thigh Tubular Steel Fence $ 50.00 LF $ 50.00 LF - $0.00 Construct 12' high Chain Link Fence (See Options) $ 80.00 LF $ 80.00 LF $0.00 Paint / Refninsh Existing Tubular Steel Fence $ 5.00 LF $ 5.00 LF - $0.00 Construct Thigh Tubular Steel Gate (Inc. Footings, Posts, Gate Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate) $ 1,200.00 EA $ 1,200.00 EA - $0.00 Construct Retaining Wall $ 150.00 LF $ 150.00 LF - $0.00 Construct Seat Wall $ 120.00 LF $ 120.00 LF - $0.00 Boulder Seat Walls $ 800.00 EA $ 800.00 EA - $0.00 Shade Sail Posts $ 3,000.00 EA $ 3,000.00 EA - $0.00 Shade Sail Fabric $ 5,000.00 EA $ 5,000.00 EA - $0.00 Court Nets $ 2,000.00 EA $ 2,000.00 EA 8.00 $16,000.00 Overhead Structure A - 22'X32' Custom Curved $ 76,730.00 EA $ 76,730.00 EA - $0.00 Overhead Structure C - Bleachers - 24'X63' $ 154,517.50 EA $ 154,517.50 EA 1.00 $154,517.50 Overhead Structure D - 14'X14' $ 42,281.25 EA $ 42,281.25 EA 2.00 $84,562.50 Overhead Structure F - 14'X86' $ 132,325.75 EA $ 132,325.75 EA 1.00 $132,325.75 Overhead Structure G- 16'X42' Custom Curved $ 67,363.75 EA $ 67,363.75 EA - $0.00 Overhead Structure H - Radii $ 62,283.75 EA $ 62,283.75 EA - $0.00 Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height) $ 2.50 LF $ 2.50 LF 315.00 $787.50 SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS: $388 193.25 8.0 LANDSCAPE Tree 24" Box $ 320.00 EA $ 320.00 EA 1.00 $320.00 Tree 36" Box $ 800.00 EA $ 800.00 EA - $0.00 Palm - Phoenix dactylifera $ 5,500.00 EA $ 5,500.00 EA - $0.00 Root Barrier $ 9.00 LF $ 9.00 LF - $0.00 Shrub 5 Gal $ 25.00 EA $ 25.00 EA 338.00 $8,450.00 Turf - Bermuda Sod $ 1.00 SF $ 1.00 SF - $0.00 Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas) $ 1.00 SF $ 1.00 SF 3,005.00 $3,005.00 Irrigation $ 2.50 SF $ 2.50 SF 3,005.00 $7,512.50 New Irrigation Controller $ 15,000.00 EA $ 15,000.00 EA - $0.00 Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF $ 0.20 SF 3,005.00 $601.00 Weed Abatement $ 0.02 SF $ 0.02 SF 3,005.00 $60.10 Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF $ 0.20 SF 3,005.00 $601.00 Boulder (12-inch - 24-inch)'Desert Select' $ 200.00 EA $ 200.00 EA - $0.00 Boulder (24-inch - 30-inch) 'Desert Select' $ 350.00 EA $ 350.00 EA - $0.00 Boulder (30-inch - 36-inch) 'Desert Select' $ 450.00 EA $ 450.00 EA - $0.00 SUBTOTAL "LANDSCAPE" ITEMS: $20,549.60 9.0 SITE FURNISHINGS Trash Receptacle $ 1,500.00 EA $ 1,500.00 EA 2.00 $3,000.00 Hot Coal Container $ 1,600.00 EA $ 1,600.00 EA - $0.00 Drinking Fountain $ 7,000.00 EA $ 7,000.00 EA - $0.00 Bike Rack (Inc. Footing) $ 1,200.00 EA $ 1,200.00 EA - $0.00 Bike Tune up station (Inc. Footing) $ 3,000.00 EA $ 3,000.00 EA - $0.00 BBQ Grill (Inc. Footing) $ 800.00 EA $ 800.00 EA - $0.00 Bench $ 2,500.00 EA $ 2,500.00 EA - $0.00 Table with Chairs $ 5,000.00 EA $ 5,000.00 EA - $0.00 Umbrella $ 2,000.00 EA $ 2,000.00 EA - $0.00 Small Table at pool Lounge Chairs $ 400.00 EA $ 400.00 EA - $0.00 Moveable Chaise Lounge $ 1,600.00 EA $ 1,600.00 EA - $0.00 Fixed Chaise Lounge $ 3,000.00 EA $ 3,000.00 EA - $0.00 Picnic Table $ 3,000.00 EA $ 3,000.00 EA - $0.00 Goric Modular seating Curvy Blocks at Plaza $ 750.00 EA $ 750.00 EA - $0.00 Construct Dog Bag Dispenser (Inc. Footing, etc.) $ 350.00 EA $ 350.00 EA - $0.00 SUBTOTAL "SITE FURNISHINGS" ITEMS: $3,000.00 10.0 PARK AMENITIES New Wading Pool $ 200,000.00 EA $ 200,000.00 EA - $0.00 Play Structure at Wading Pool $ 300,000.00 EA $ 300,000.00 EA - $0.00 Play Structures at Playground $ 250,000.00 EA $ 250,000.00 EA - $0.00 Public Restroom $ 400,000.00 EA $ 400,000.00 EA - $0.00 127 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 1 0310112023 SUBTOTAL "PARK AMENITIES" ITEMS: $0.00 IE SUMMARY Subtotal: 1.0 $27,116.75 DEMOLITION 2.0 GRADING $8,568.28 3.0 STORM DRAIN $0.00 4.0 WATER $0.00 5.0 DRY UTILITIES $22,120.00 6.0 SURFACE IMPROVEMENTS $56,460.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES $388,193.25 8.0 LANDSCAPE $20,549.60 9.0 SITE FURNISHINGS $3,000.00 10.0 PARK AMENITIES $0.00 SUB TOTAL PROBABLE CONSTRUCTION COSTS: $526,007.88 Contigency (15%) $78,901.18 TOTAL PROBABLE CONSTRUCTION COSTS with C$604,909.06 ontigency: 128 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 2 0310112023 Item No. Description Unit Price Unit Unit Price Unit Base Master Plan Total Price 1.0 DEMOLITION Mobilization $ 18,000.00 AC $ 18,000.00 AC 2.90 $52,200.00 Demolition, Miscellaneous Removals $ 4,000.00 AC $ 4,000.00 AC 2.90 $11,600.00 Portable Restroom w/ hand washing Station $ 400.00 MTH $ 400.00 MTH 12.00 $4,800.00 Sawcut Existing Asphalt $ 3.00 LF $ 3.00 LF - $0.00 Demo Asphalt and Base Course $ 3.00 SF $ 3.00 SF 1,170.00 $3,510.00 Demo Existing Shrubs and irrigation $ 1.00 SF $ 1.00 SF 13,886.00 $13,886.00 Demo Existing Shrubs and stub irrigation at Planters to Remain $ 1.00 SF $ 1.00 SF 409.00 $409.00 Demo Turf $ 1.00 SF $ 1.00 SF 30,589.00 $30,589.00 Sawcut Concrete $ 3.25 LF $ 3.25 LF 233.00 $757.25 Demolish Concrete Paving $ 3.00 SF $ 3.00 SF 9,022.00 $27,066.00 Demolish Play Area Surfacing $ 0.50 SF $ 0.50 SF 6,634.00 $3,317.00 Demolish Existing Skate Park (see options) $ 30,000.00 LS $ 30,000.00 LS - $0.00 Demolish Existing Overhead Structure (at Stadium Seating) $ 5,000.00 EA $ 5,000.00 EA - $0.00 Demolish Existing Overhead Structures $ 1,000.00 EA $ 1,000.00 EA 8.00 $8,000.00 Demo Existing Trees and Grind Roots $ 1,500.00 EA $ 1,500.00 EA 7.00 $10,500.00 Demo Fence $ 3.00 LF $ 3.00 LF - $0.00 Demo Masonry Walls $ 10.00 LF $ 10.00 LF 74.00 $740.00 Demo Concrete Curb $ 4.00 LF $ 4.00 LF 597.00 $2,388.00 SUBTOTAL "DEMOLITION" ITEMS: $169,762.25 2.0 GRADING Construction Water $ 500.00 AC $ 500.00 AC 2.90 $1,450.00 Cut / Fill (Assume F depth) $ 6.00 CY $ 6.00 CY 1,867.85 $11,207.11 Fine Grade $ 0.10 SF $ 0.10 SF 50,432.00 $5,043.20 Overex $ 0.40 SF $ 0.40 SF 18,485.00 $7,394.00 Erosion Control - Complete per the Erosion Control plans, SWPPP and the RWCB requirements (Inc. Maintenance, Stabilized Construction Entrances, etc.) 9k per AC for all phases $ 9,000.00 AC $ 9,000.00 AC 2.90 $26,100.00 SUBTOTAL "GRADING" ITEMS: $51,194.31 3.0 STORM DRAIN Storm Drain Pipe PVC 06-inch Sch. 40 Storm Drain Pipe PVC 12-inch Sch. 40 $ 40.25 LF $ 40.25 LF 350.00 $14,087.50 $ 51.75 LF $ 51.75 LF 550.00 $28,462.50 NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No. 1200, 1212, 1200FF) 4 at the pool 8 at phase 2 $ 368.00 EA $ 368.00 EA 8.00 $2,944.00 SUBTOTAL "STORM DRAIN" ITEMS: $45,494.00 4.0 WATER Water supply for pool play equipment $ 40,000.00 LS $ 40,000.00 LS - $0.00 Water Meter / Service/ and Backflow Preventer $ 40,000.00 EA $ 40,000.00 EA - $0.00 SUBTOTAL "WATER" ITEMS: $0.00 5.0 DRY UTILITIES Below Grade Electrical Conduit and Wire Run (All required) $ 30.00 LF $ 30.00 LF 869.00 $26,070.00 Pullbox (All required) $ 2,500.00 AC $ 2,500.00 AC 2.90 $7,250.00 Above Grade Weatherproof Junction Box (1 at each Shelter) $ 250.00 EA $ 250.00 EA 6.00 $1,500.00 Event Electric Power Pedestal $ 3,385.00 EA $ 3,385.00 EA - $0.00 30 AMP Power Pedestal $ 1,200.00 EA $ 1,200.00 EA - $0.00 Park Light Type 'A' $ 7,500.00 EA $ 7,500.00 EA 7.00 $52,500.00 Park Light Type 'B' Bollard Light Light $ 7,500.00 EA $ 7,500.00 EA 16.00 $120,000.00 Park Light Type 'C' Trellis / Down Light $ 1,200.00 EA $ 1,200.00 EA 2.00 $2,400.00 New Tennis Court Lighting (See options) $ 15,000.00 EA $ 15,000.00 EA - $0.00 Panels with feeder wire only $ 16,200.00 EA $ 16,200.00 EA - $0.00 Electrical Company - Connection $ 49,700.00 LS $ 49,700.00 LS - $0.00 SUBTOTAL "DRY UTILITY" ITEMS: $209,720.00 6.0 SURFACE IMPROVEMENTS Construct Curb & Gutter 6" $ 31.00 LF $ 31.00 LF - $0.00 4-inch PCC Walkway $ 10.00 SF $ 10.00 SF 14,995.00 $149,950.00 Pickleball Court Re -surfacing and Striping (over tennis court) $ 2.00 SF $ 2.00 SF - $0.00 Pickleball Court Re -surfacing and Striping (8 existing courts) $ 2.00 SF $ 2.00 SF - $0.00 Construct Concrete Mow Curb (6-inch x 6-inch) $ 15.00 LF $ 15.00 LF 890.00 $13,350.00 Construct Curb at Tot Lot $ 65.00 LF $ 65.00 LF 443.00 $28,795.00 Construct Play Engineered Wood Fiber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $ 6.00 SF 6.00 SF 6,969.00 $41,814.00 Construct Play Poured -in -place Rubber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class 11 Base, Geotextile Fabric and Drainage.) $ 20.00 SF $ 20.00 SF 1,760.00 $35,200.00 Construct Play Area ADA Ramp (4 Locations) $ 15.00 SF $ 15.00 SF 200.00 $3,000.00 Construct Stabilized Decomposed Granite 4-inch $ 3.00 SF $ 3.00 SF 1,780.00 $5,340.00 129 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 2 0310112023 Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles, rebar, grout joint, mortar, etc) $ 50.00 SF $ 50.00 SF 30.00 $1,500.00 Construct Asphalt Paving Class II Base $ 1.50 SF $ 1.50 SF - $0.00 Construct Asphalt Paving $ 3.00 SF $ 3.00 SF - $0.00 Resurface Asphalt Paving $ 1.50 SF $ 1.50 SF - $0.00 Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc) $ 8,000.00 LS $ 8,000.00 LS - $0.00 SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS: $278,949.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES Construct 5' high Tubular Steel Fence $ 50.00 LF $ 50.00 LF - $0.00 Construct 12' high Chain Link Fence (See Options) $ 80.00 LF $ 80.00 LF $0.00 Paint / Refninsh Existing Tubular Steel Fence $ 5.00 LF $ 5.00 LF - $0.00 Construct 5' high Tubular Steel Gate (Inc. Footings, Posts, Gate Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate) $ 1,200.00 EA $ 1,200.00 EA - $0.00 Construct Retaining Wall $ 150.00 LF $ 150.00 LF 85.00 $12,750.00 Construct Seat Wall $ 120.00 LF $ 120.00 LF 167.00 $20,040.00 Boulder Seat Walls $ 800.00 EA $ 800.00 EA 70.00 $56,000.00 Shade Sail Posts $ 3,000.00 EA $ 3,000.00 EA 7.00 $21,000.00 Shade Sail Fabric $ 5,000.00 EA $ 5,000.00 EA 3.00 $15,000.00 Court Nets $ 2,000.00 EA $ 2,000.00 EA - $0.00 Overhead Structure A - 22'X32' Custom Curved $ 76,730.00 EA $ 76,730.00 EA 2.00 $153,460.00 Overhead Structure C - Bleachers - 24'X63' $ 154,517.50 EA $ 154,517.50 EA - $0.00 Overhead Structure D - 14'X14' $ 42,281.25 EA $ 42,281.25 EA - $0.00 Overhead Structure F - 14'X86' $ 132,325.75 EA $ 132,325.75 EA - $0.00 Overhead Structure G- 16'X42' Custom Curved $ 67,363.75 EA $ 67,363.75 EA - $0.00 Overhead Structure H - Radii $ 62,283.75 EA $ 62,283.75 EA 4.00 $249,135.00 Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height) $ 2.50 LF $ 2.50 LF 1,643.00 $4,107.50 SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS: ft $531,492.50 8.0 LANDSCAPE Tree 24" Box $ 320.00 EA $ 320.00 EA 25.00 $8,000.00 Tree 36" Box $ 800.00 EA $ 800.00 EA 26.00 $20,800.00 Palm - Phoenix dactylifera $ 5,500.00 EA $ 5,500.00 EA 16.00 $88,000.00 Root Barrier $ 9.00 LF $ 9.00 LF 228.00 $2,052.00 Shrub 5 Gal $ 25.00 EA $ 25.00 EA 1,468.00 $36,700.00 Turf - Bermuda Sod $ 1.00 SF $ 1.00 SF 14,009.00 $14,009.00 Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas) $ 1.00 SF $ 1.00 SF 19,448.00 $19,448.00 Irrigation $ 2.50 SF $ 2.50 SF 33,457.00 $83,642.50 New Irrigation Controller $ 15,000.00 EA $ 15,000.00 EA 1.00 $15,000.00 Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF $ 0.20 SF 33,457.00 $6,691.40 Weed Abatement $ 0.02 SF $ 0.02 SF 33,457.00 $669.14 Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF 0.20 SF 33,457.00 $6,691.40 Boulder (12-inch - 24-inch) 'Desert Select' $ 200.00 EA $ 200.00 EA 15.00 $3,000.00 Boulder (24-inch - 30-inch) 'Desert Select' $ 350.00 EA $ 350.00 EA 15.00 $5,250.00 Boulder (30-inch - 36-inch) 'Desert Select' $ 450.00 EA $ 450.00 EA 15.00 $6,750.00 SUBTOTAL "LANDSCAPE" ITEMS: $316,703.44 9.0 SITE FURNISHINGS Trash Receptacle $ 1,500.00 EA $ 1,500.00 EA 8.00 $12,000.00 Hot Coal Container $ 1,600.00 EA $ 1,600.00 EA 2.00 $3,200.00 Drinking Fountain $ 7,000.00 EA $ 7,000.00 EA 2.00 $14,000.00 Bike Rack (Inc. Footing) $ 1,200.00 EA $ 1,200.00 EA 7.00 $8,400.00 Bike Tune up station (Inc. Footing) $ 3,000.00 EA $ 3,000.00 EA 1.00 $3,000.00 BBQ Grill (Inc. Footing) $ 800.00 EA $ 800.00 EA 2.00 $1,600.00 Bench $ 2,500.00 EA $ 2,500.00 EA 18.00 $45,000.00 Table with Chairs $ 5,000.00 EA $ 5,000.00 EA - $0.00 Umbrella $ 2,000.00 EA $ 2,000.00 EA - $0.00 Small Table at pool Lounge Chairs $ 400.00 EA $ 400.00 EA - $0.00 Moveable Chaise Lounge $ 1,600.00 EA $ 1,600.00 EA - $0.00 Fixed Chaise Lounge $ 3,000.00 EA $ 3,000.00 EA 18.00 $54,000.00 Picnic Table $ 3,000.00 EA $ 3,000.00 EA 9.00 $27,000.00 Goric Modular seating Curvy Blocks at Plaza $ 750.00 EA $ 750.00 EA 110.00 $82,500.00 Construct Dog Bag Dispenser (Inc. Footing, etc.) $ 350.00 EA $ 350.00 EA 2.00 $700.00 SUBTOTAL "SITE FURNISHINGS" ITEMS: $251,400.00 10.0 PARK AMENITIES New Wading Pool $ 200,000.00 EA $ 200,000.00 EA - $0.00 Play Structure at Wading Pool $ 300,000.00 EA $ 300,000.00 EA - $0.00 Play Structures at Playground $ 250,000.00 EA $ 250,000.00 EA 1.00 $250,000.00 Public Restroom $ 400,000.00 EA $ 400,000.00 EA 1.00 $400,000.00 SUBTOTAL "PARK AMENITIES" ITEMS: $650,000.00 230 IIFRITZ BURNS PARK MASTER PLAN II 110m ion of Probable Construction Cost Estimate Phase 2 II 0310112023 II SUMMARY I Subtotal: II 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 DEMOLITION GRADING STORM DRAIN WATER DRY UTILITIES SURFACE IMPROVEMENTS WALLS/FENCES/TRELLISES/SHADE STRUCTURES LANDSCAPE SITE FURNISHINGS PARK AMENITIES $169,762.25 $51,194.31 $45,494.00 $0.00 $209,720.00 $278,949.00 $531,492.50 $316,703.44 $251,400.00 $650,000.00 SUB TOTAL PROBABLE CONSTRUCTION COSTS: $2,504,715.50 Contigency (15%) $375,707.33 TOTAL PROBABLE CONSTRUCTION COSTS with $2,880,422.83 Contigency: 131 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 3 0310112023 Item No. Description Unit Price Unit Unit Price Unit Base Master Plan Total Price 1.0 DEMOLITION Mobilization $ 18,000.00 AC $ 18,000.00 AC 1.30 $23,400.00 Demolition, Miscellaneous Removals $ 4,000.00 AC $ 4,000.00 LS 1.30 $5,200.00 Portable Restroom w/ hand washing Station $ 400.00 MTH $ 400.00 MTH 2.00 $800.00 Sawcut Existing Asphalt $ 3.00 LF $ 3.00 LF 814.00 $2,442.00 Demo Asphalt and Base Course $ 3.00 SF $ 3.00 SF 2,153.00 $6,459.00 Demo Existing Shrubs and irrigation $ 1.00 SF $ 1.00 SF 456.00 $456.00 Demo Existing Shrubs and stub irrigation at Planters to Remain $ 1.00 SF $ 1.00 SF 5,348.00 $5,348.00 Demo Turf $ 1.00 SF $ 1.00 SF 7,023.00 $7,023.00 Sawcut Concrete $ 3.25 LF $ 3.25 LF - $0.00 Demolish Concrete Paving $ 3.00 SF $ 3.00 SF - $0.00 Demolish Play Area Surfacing $ 0.50 SF $ 0.50 SF - $0.00 Demolish Existing Skate Park (see options) $ 30,000.00 LS $ 30,000.00 LS - $0.00 Demolish Existing Overhead Structure (at Stadium Seating) $ 5,000.00 EA $ 5,000.00 EA - $0.00 Demolish Existing Overhead Structures $ 1,000.00 EA $ 1,000.00 EA 4.00 $4,000.00 Demo Existing Trees and Grind Roots $ 1,500.00 EA $ 1,500.00 EA 11.00 $16,500.00 Demo Fence $ 3.00 LF $ 3.00 LF 378.00 $1,134.00 Demo Masonry Walls $ 10.00 LF $ 10.00 LF - $0.00 Demo Concrete Curb $ 4.00 LF $ 4.00 LF 123.00 $492.00 SUBTOTAL "DEMOLITION" ITEMS: $73,254.00 2.0 GRADING Construction Water $ 500.00 AC $ 500.00 AC 1.30 $650.00 Cut / Fill (Assume I'depth) $ 6.00 CY $ 6.00 CY 528.81 $3,172.89 Fine Grade $ 0.10 SF $ 0.10 SF 14,278.00 $1,427.80 Overex $ 0.40 SF $ 0.40 SF 7,023.00 $2,809.20 Erosion Control - Complete per the Erosion Control plans, SWPPP and the RWCB requirements (Inc. Maintenance, Stabilized Construction Entrances, etc.) 9k per AC for all phases $ 9,000.00 AC $ 9,000.00 AC 1.30 $11,700.00 SURTOTAL "GRADING"' ITF.MR! $19,759.89 3.0 STORM DRAIN Storm Drain Pipe PVC 06-inch Sch. 40 Storm Drain Pipe PVC 12-inch Sch. 40 $ 40.25 LF $ 40.25 LF - $0.00 $ 51.75 LF $ 51.75 LF - $0.00 NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No. 1200, 1212, 1200FF) 4 at the pool 8 at phase 2 $ 368.00 EA $ 368.00 EA - $0.00 SUBTOTAL "STORM DRAIN" ITEMS: 4.0 WATER Water supply for pool play equipment $ 40,000.00 LS $ 40,000.00 LS - $0.00 Water Meter / Service/ and Backflow Preventer $ 40,000.00 EA $ 40,000.00 EA - $0.00 SURTnTAT. "WATER" ITEMSc L $0.00 5.0 DRY UTILITIES Below Grade Electrical Conduit and Wire Run (All required) $ 30.00 LF $ 30.00 LF - $0.00 Pullbox (All required) $ 2,500.00 AC $ 2,500.00 AC - $0.00 Above Grade Weatherproof Junction Box (1 at each Shelter) $ 250.00 EA $ 250.00 EA - $0.00 Event Electric Power Pedestal $ 3,385.00 EA $ 3,385.00 EA - $0.00 30 AMP Power Pedestal $ 1,200.00 EA $ 1,200.00 EA - $0.00 Park Light Type 'A' $ 7,500.00 EA $ 7,500.00 EA - $0.00 Park Light Type'B' Bollard Light Light $ 7,500.00 EA $ 7,500.00 EA - $0.00 Park Light Type 'C' Trellis / Down Light $ 1,200.00 EA $ 1,200.00 EA - $0.00 New Tennis Court Lighting (See options) $ 15,000.00 EA $ 15,000.00 EA - $0.00 Panels with feeder wire only $ 16,200.00 EA $ 16,200.00 EA - $0.00 Electrical Company - Connection $ 49,700.00 LS $ 49,700.00 LS - $0.00 SUBTOTAL "DRY UTILITY" ITEMS: $0.00 6.0 SURFACE IMPROVEMENTS Construct Curb & Gutter 6" $ 31.00 LF $ 31.00 LF 930.00 $28,830.00 4-inch PCC Walkway $ 10.00 SF $ 10.00 SF 232.00 $2,320.00 Pickleball Court Re -surfacing and Striping (over tennis court) $ 2.00 SF $ 2.00 SF - $0.00 Pickleball Court Re -surfacing and Striping (8 existing courts) $ 2.00 SF $ 2.00 SF - $0.00 Construct Concrete Mow Curb (6-inch x 6-inch) $ 15.00 LF $ 15.00 LF - $0.00 Construct Curb at Tot Lot $ 65.00 LF $ 65.00 LF - $0.00 Construct Play Engineered Wood Fiber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $ 6.00 SF 6.00 SF - $0.00 Construct Play Poured -in -place Rubber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $ 20.00 SF $ 20.00 SF - $0.00 Construct Play Area ADA Ramp (4 Locations) $ 15.00 SF $ 15.00 SF - $0.00 132 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 3 0310112023 Construct Stabilized Decomposed Granite 4-inch $ 3.00 SF $ 3.00 SF - $0.00 Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles, rebar, grout joint, mortar, etc) $ 50.00 SF 50.00 SF - $0.00 Construct Asphalt Paving Class II Base $ 1.50 SF $ 1.50 SF 6,288.00 $9,432.00 Construct Asphalt Paving $ 3.00 SF $ 3.00 SF 6,288.00 $18,864.00 Resurface Asphalt Paving $ 1.50 SF $ 1.50 SF 23,024.00 $34,536.00 Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc) $ 8,000.00 LS $ 8,000.00 LS 1.00 $8,000.00 SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS: $101,982.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES Construct 5' high Tubular Steel Fence $ 50.00 LF $ 50.00 LF - $0.00 Construct 12' high Chain Link Fence (See Options) $ 80.00 LF $ 80.00 LF $0.00 Paint / Refninsh Existing Tubular Steel Fence $ 5.00 LF $ 5.00 LF - $0.00 Construct 5' high Tubular Steel Gate (Inc. Footings, Posts, Gate Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate) $ 1,200.00 EA 1,200.00 EA - $0.00 Construct Retaining Wall $ 150.00 LF $ 150.00 LF - $0.00 Construct Seat Wall $ 120.00 LF $ 120.00 LF - $0.00 Boulder Seat Walls $ 800.00 EA $ 800.00 EA - $0.00 Shade Sail Posts $ 3,000.00 EA $ 3,000.00 EA - $0.00 Shade Sail Fabric $ 5,000.00 EA $ 5,000.00 EA - $0.00 Court Nets $ 2,000.00 EA $ 2,000.00 EA - $0.00 Overhead Structure A - 22'X32' Custom Curved $ 76,730.00 EA $ 76,730.00 EA - $0.00 Overhead Structure C - Bleachers - 24'X63' $ 154,517.50 EA $ 154,517.50 EA - $0.00 Overhead Structure D - 14'X14' $ 42,281.25 EA $ 42,281.25 EA - $0.00 Overhead Structure F - 14'X86' $ 132,325.75 EA $ 132,325.75 EA - $0.00 Overhead Structure G- 16'X42' Custom Curved $ 67,363.75 EA $ 67,363.75 EA - $0.00 Overhead Structure H - Radii $ 62,283.75 EA $ 62,283.75 EA - $0.00 Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height) $ 2.50 LF $ 2.50 LF 848.00 $2,120.00 SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS: $2,120.00 8.0 LANDSCAPE Tree 24" Box $ 320.00 EA $ 320.00 EA 20.00 $6,400.00 Tree 36" Box $ 800.00 EA $ 800.00 EA - $0.00 Palm - Phoenix dactylifera $ 5,500.00 EA $ 5,500.00 EA 1.00 $5,500.00 Root Barrier $ 9.00 LF $ 9.00 LF 240.00 $2,160.00 Shrub 5 Gal $ 25.00 EA $ 25.00 EA 590.00 $14,750.00 Turf - Bermuda Sod $ 1.00 SF $ 1.00 SF - $0.00 Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas) $ 1.00 SF $ 1.00 SF 7,758.00 $7,758.00 Irrigation $ 2.50 SF $ 2.50 SF 7,758.00 $19,395.00 New Irrigation Controller $ 15,000.00 EA $ 15,000.00 EA - $0.00 Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF 0.20 SF 7,758.00 $1,551.60 Weed Abatement $ 0.02 SF $ 0.02 SF 7,758.00 $155.16 Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF 07 0.20 SF 7,758.00 $1,551.60 Boulder (I2-inch- 24-inch)'Desert Select' $ 200.00 EA $ 200.00 EA 10.00 $2,000.00 Boulder (24-inch - 30-inch)'Desert Select' $ 350.00 EA $ 350.00 EA 10.00 $3,500.00 Boulder (30-inch - 36-inch)'Desert Select' $ 450.00 EA $ 450.00 EA 10.00 $4,500.00 SUBTOTAL "LANDSCAPE" ITEMS: $69,221.36 9.0 SITE FURNISHINGS Trash Receptacle $ 1,500.00 EA $ 1,500.00 EA - $0.00 Hot Coal Container $ 1,600.00 EA $ 1,600.00 EA - $0.00 Drinking Fountain $ 7,000.00 EA $ 7,000.00 EA - $0.00 Bike Rack (Inc. Footing) $ 1,200.00 EA $ 1,200.00 EA - $0.00 Bike Tune up station (Inc. Footing) $ 3,000.00 EA $ 3,000.00 EA - $0.00 BBQ Grill (Inc. Footing) $ 800.00 EA $ 800.00 EA - $0.00 Bench $ 2,500.00 EA $ 2,500.00 EA - $0.00 Table with Chairs $ 5,000.00 EA $ 5,000.00 EA - $0.00 Umbrella $ 2,000.00 EA $ 2,000.00 EA - $0.00 Small Table at pool Lounge Chairs $ 400.00 EA $ 400.00 EA - $0.00 Moveable Chaise Lounge $ 1,600.00 EA $ 1,600.00 EA - $0.00 Fixed Chaise Lounge $ 3,000.00 EA $ 3,000.00 EA - $0.00 Picnic Table $ 3,000.00 EA $ 3,000.00 EA - $0.00 Goric Modular seating Curvy Blocks at Plaza $ 750.00 EA $ 750.00 EA - $0.00 Construct Dog Bag Dispenser (Inc. Footing, etc.) $ 350.00 EA $ 350.00 EA - $0.00 SUBTOTAL "SITE FURNISHINGS" ITEMS: $0.00 10.0 PARK AMENITIES New Wading Pool $ 200,000.00 EA $ 200,000.00 EA - $0.00 Play Structure at Wading Pool $ 300,000.00 EA $ 300,000.00 EA - $0.00 Play Structures at Playground $ 250,000.00 EA $ 250,000.00 EA - $0.00 Public Restroom $ 400,000.00 EA $ 400,000.00 EA - $0.00 133 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 3 0310112023 SUBTOTAL "PARK AMENITIES" ITEMS: II SUMMARY I I Subtotal: II 1.0 DEMOLITION $73,254.00 2.0 GRADING $19,759.89 3.0 STORM DRAIN $0.00 4.0 WATER $0.00 5.0 DRY UTILITIES $0.00 6.0 SURFACE IMPROVEMENTS $101,982.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES $2,120.00 8.0 LANDSCAPE $69,221.36 9.0 SITE FURNISHINGS $0.00 10.0 PARK AMENITIES $0.00 SUB TOTAL PROBABLE CONSTRUCTION COSTS: $266,337.25 Contigency (15%)M $39,950.59 TOTAL PROBABLE CONSTRUCTION COSTS with $306,287.84 134 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 4 0310112023 Item No. Description Unit Price Unit Unit Price Unit Base Master Plan Total Price 1.0 DEMOLITION Mobilization $ 18,000.00 AC $ 18,000.00 AC 0.50 $9,000.00 Demolition, Miscellaneous Removals $ 4,000.00 AC $ 4,000.00 AC 0.50 $2,000.00 Portable Restroom w/ hand washing Station $ 400.00 MTH $ 400.00 MTH 12.00 $4,800.00 Sawcut Existing Asphalt $ 3.00 LF $ 3.00 LF - $0.00 Demo Asphalt and Base Course $ 3.00 SF $ 3.00 SF - $0.00 Demo Existing Shrubs and irrigation $ 1.00 SF $ 1.00 SF 302.00 $302.00 Demo Existing Shrubs and stub irrigation at Planters to Remain $ 1.00 SF $ 1.00 SF - $0.00 Demo Turf $ 1.00 SF $ 1.00 SF 4,279.00 $4,279.00 Sawcut Concrete $ 3.25 LF $ 3.25 LF - $0.00 Demolish Concrete Paving $ 3.00 SF $ 3.00 SF - $0.00 Demolish Play Area Surfacing $ 0.50 SF $ 0.50 SF - $0.00 Demolish Existing Skate Park (see options) $ 30,000.00 LS $ 30,000.00 LS - $0.00 Demolish Existing Overhead Structure (at Stadium Seating) $ 5,000.00 EA $ 5,000.00 EA - $0.00 Demolish Existing Overhead Structures $ 1,000.00 EA $ 1,000.00 EA - $0.00 Demo Existing Trees and Grind Roots $ 1,500.00 EA $ 1,500.00 EA - $0.00 Demo Fence $ 3.00 LF $ 3.00 LF 107.00 $321.00 Demo Masonry Walls $ 10.00 LF $ 10.00 LF - $0.00 Demo Concrete Curb $ 4.00 LF $ 4.00 LF - $0.00 SUBTOTAL "DEMOLITION" ITEMS: $20,702.00 2.0 GRADING Construction Water $ 500.00 AC $ 500.00 AC 0.50 $250.00 Cut / Fill (Assume 1' depth) $ 6.00 CY $ 6.00 CY 105.85 $635.11 Fine Grade $ 0.10 SF $ 0.10 SF 2,858.00 $285.80 Overex $ 0.40 SF $ 0.40 SF 4,581.00 $1,832.40 Erosion Control - Complete per the Erosion Control plans, SWPPP and the RWCB requirements (Inc. Maintenance, Stabilized Construction Entrances, etc.) 9k per AC for all phases $ 9,000.00 AC $ 9,000.00 AC 0.50 $4,500.00 SUBTOTAL "GRADING" ITEMS: 11 1 1 1 1 $7,503.31� 3.0 STORM DRAIN Storm Drain Pipe PVC 06-inch Sch. 40 Storm Drain Pipe PVC 12-inch Sch. 40 $ 40.25 LF $ 40.25 LF 230.00 $9,257.50 $ 51.75 LF $ 51.75 LF - $0.00 NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No. 1200, 1212, 1200FF) 4 at the pool 8 at phase 2 SUBTOTAL "STORM DRAIN" ITEMS: $ 368.00 EA $ 368.00 EA 4.00 $1,472.00 $10,729.50 4.0 WATER Water supply for pool play equipment $ 40,000.00 LS $ 40,000.00 LS 1.00 $40,000.00 Water Meter / Service/ and Backflow Preventer $ 40,000.00 EA $ 40,000.00 EA 1.00 $40,000.00 SUBTOTAL "WATER" ITEMS: $80,000.00 5.0 DRY UTILITIES Below Grade Electrical Conduit and Wire Run (All required) $ 30.00 LF $ 30.00 LF - $0.00 Pullbox (All required) $ 2,500.00 AC $ 2,500.00 AC 0.50 $1,250.00 Above Grade Weatherproof Junction Box (1 at each Shelter) $ 250.00 EA $ 250.00 EA 1.00 $250.00 Event Electric Power Pedestal $ 3,385.00 EA $ 3,385.00 EA 1.00 $3,385.00 30 AMP Power Pedestal $ 1,200.00 EA $ 1,200.00 EA 1.00 $1,200.00 Park Light Type 'A' $ 7,500.00 EA $ 7,500.00 EA 4.00 $30,000.00 Park Light Type'B' Bollard Light Light $ 7,500.00 EA $ 7,500.00 EA - $0.00 Park Light Type'C' Trellis / Down Light $ 1,200.00 EA $ 1,200.00 EA 2.00 $2,400.00 New Tennis Court Lighting (See options) $ 15,000.00 EA $ 15,000.00 EA - $0.00 Panels with feeder wire only $ 16,200.00 EA $ 16,200.00 EA 1.00 $16,200.00 Electrical Company - Connection $ 49,700.00 LS $ 49,700.00 LS 1.00 $49,700.00 SUBTOTAL "DRY UTILITY" ITEMS: $104,385.00 6.0 SURFACE IMPROVEMENTS Construct Curb & Gutter 6" $ 31.00 LF $ 31.00 LF - $0.00 4-inch PCC Walkway $ 10.00 SF $ 10.00 SF 2,858.00 $28,580.00 Pickleball Court Re -surfacing and Striping (over tennis court) $ 2.00 SF $ 2.00 SF - $0.00 Pickleball Court Re -surfacing and Striping (8 existing courts) $ 2.00 SF $ 2.00 SF - $0.00 Construct Concrete Mow Curb (6-inch x 6-inch) $ 15.00 LF $ 15.00 LF - $0.00 Construct Curb at Tot Lot $ 65.00 LF $ 65.00 LF - $0.00 Construct Play Engineered Wood Fiber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $ 6.00 SF $ 6.00 SF - $0.00 Construct Play Poured -in -place Rubber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class 11 Base, Geotextile Fabric and Drainage.) $ 20.00 SF $ 20.00 SF - $0.00 Construct Play Area ADA Ramp (4 Locations) $ 15.00 SF $ 15.00 SF - $0.00 135 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate I OPTIONS: 0310112023 Keep Existing Dog Park, Not Expand the Parking Expand Tennis into Maintenance Yard Remove Skate Park and Expand Parking Lot Item No. Description Option 1 Option 1 Subtotal Option 2 Option 2 Subtotal Option 3 Option 3 Subtotal 1.0 DEMOLITION Mobilization -0.15 -$2,700.00 0.21 $3,780.00 0.20 $3,600.00 Demolition, Miscellaneous Removals -0.15 -$600.00 1 $20,000.00 0.2 $800.00 Portable Restroom w/ hand washing Station 0 $0.00 0 $0.00 1 $400.00 Sawcut Existing Asphalt 0 $0.00 331 $993.00 157 $471.00 Demo Asphalt and Base Course 0 $0.00 74 9390 $28,170.00 459 $1,377.00 Demo Existing Shrubs and irrigation 0 $0.00 725 $725.00 0 $0.00 Demo Existing Shrubs and stub irrigation at Planters to Remain 0 $0.00 0 $0.00 0 $0.00 Demo Turf -7023 -$7,023.00 0 $0.00 0 $0.00 Sawcut Concrete 0 $0.00 0 $0.00 0 $0.00 Demolish Concrete Paving 0 $0.00 0 $0.00 812 $2,436.00 Demolish Play Area Surfacing 0 $0.00 0 $0.00 0 $0.00 Demolish Existing Skate Park (see options) 0 $0.00 0 $0.00 1 $30,000.00 Demolish Existing Overhead Structure (at Stadium Seating) 0 $0.00 0 $0.00 0 $0.00 Demolish Existing Overhead Structures 4 -$4,000.00 1 $5,000.00 1 $1,000.00 Demo Existing Trees and Grind Roots 0 $0.00 1 $1,500.00 0 $0.00 Demo Fence -378 -$1,134.00 287 $861.00 0 $0.00 Demo Masonry Walls 0 $0.00 0 $0.00 0 $0.00 Demo Concrete Curb -87 -$348.00 0 $0.00 148 $592.00 istruction Water -0.15 -$75.00 0.21 $105.00 0.20 $100.00 / Fill (Assume 1' depth) (260) -$1,560.00 348 $2,088.00 - $0.00 e Grade -7023 -$702.30 9390 $939.00 8607 $860.70 :rex 0 $0.00 1 $5,000.00 0 $0.00 sion Control - Complete per the Erosion Control plans, SWPPP and the RWCB airements (Inc. Maintenance, Stabilized Construction Entrances, etc.) 9k per AC all phases -0.15 -$1,350.00 1.00 $3,000.00 0.00 $0.00 3_0 STORM DRAIN Storm Drain Pipe PVC 06-inch Sch. 40 $0.00 200 $8,050.00 $0.00 Storm Drain Pipe PVC 12-inch Sch. 40 $0.00 - $0.00 $0.00 NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No. 1200, 1212, $0.00 4 $1,472.00 $0.00 1200FF) 4 at the pool 8 at phase 2 Option 1: Option 2: Option 3: SUBTOTAL "STORM DRAIN" ITEMS: $0.00 $9.522.00 $0.00 4.0 WATER Water supply for pool play equipment $0.00 $0.00 $0.00 Water Meter / Service/ and Backflow Preventer - $0.00 - $0.00 - $0.00 SUBTOTAL "WATER" ITEMS: Option 1: $0.00 Option 2: $0.00 Option 3: $0.00 5.0 DRY UTILITIES Below Grade Electrical Conduit and Wire Run (All required) - $0.00 - $0.00 - $0.00 Pullbox (All required) 0.00 $0.00 0.00 $0.00 $0.00 Above Grade Weatherproof Junction Box (1 at each Shelter) - $0.00 - $0.00 - $0.00 Event Electric Power Pedestal $0.00 $0.00 $0.00 30 AMP Power Pedestal - $0.00 $0.00 $0.00 Park LightType'A' (1) -$7,500.00 9$0.00 $0.00 Park Light Type 'B' Bollard Light Light - $0.00 $0.00 $0.00 Park Light Type 'C' Trellis / Down Light $0.00 $0.00 $0.00 New Tennis Court Lighting (See options) $0.00 4 $60,000.00 $0.00 Panels with feeder wire only $0.00 $0.00 $0.00 Electrical Company - Connection $0.00 $0.00 $0.00 SUBTOTAL "DRY UTILITY" ITEMS: Option 1: -$7 500.00 Option 2: $60 000.00 Option 3: $0.00 6.0 SURFACE IMPROVEMENTS Construct Curb & Gutter6" (228) -$7,068.00 287 $8,897.00 157 $4,867.00 4-inch PCC Walkway - $0.00 9,445 $94,450.00 382 $3,820.00 Pickleball Court Re -surfacing and Striping (over tennis court) - $0.00 7,050 $14,100.00 - $0.00 Pickleball Court Re -surfacing and Striping (8 existing courts) - $0.00 - $0.00 - $0.00 Construct Concrete Mow Curb (6-inch x 6-inch) - $0.00 - $0.00 - $0.00 Construct Curb at Tot Lot $0.00 $0.00 $0.00 Construct Play Engineered Wood Fiber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $0.00 $0.00 $0.00 Construct Play Poured -in -place Rubber Safety Surface (Inc. Subgrade/Compaction, Aggregate Class II Base, Geotextile Fabric and Drainage.) $0.00 $0.00 $0.00 Construct Play Area ADA Ramp (4 Locations) $0.00 $0.00 $0.00 Construct Stabilized Decomposed Granite 4-inch - $0.00 - $0.00 - $0.00 Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles, rebar, grout joint, mortar, etc) _ $0.00 - $0.00 25 $1,250.00 Construct Asphalt Paving Class II Base (7,023) -$10,534.50 $0.00 $0.00 Construct Asphalt Paving (7,023) -$21,069.00 - $0.00 - $0.00 Resurface Asphalt Paving $0.00 $0.00 9,085 $13,627.50 Rdwy Sign/Stripe (hie. Parking, ADA Sign/Stripe, Arrows, etc) $0.00 $0.00 1 $8,000.00 SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS: Option 1: -$38 671.50 Option 2: $117 447.00 Option 3: $31 564.50 7.0 WALLS/FENCES/TRELLISES/SHADE STRUCTURES Construct 5' high Tubular Steel Fence $0.00 $0.00 $0.00 Construct 12' high Chain Link Fence (See Options) $0.00 331 $26,480.00 $0.00 Paint / Refninsh Existing Tubular Steel Fence - $0.00 - $0.00 - $0.00 Construct 5' high Tubular Steel Gate (Inc. Footings, Posts, Gate Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate) _ $0.00 1 $1,200.00 - $0.00 Construct Retaining Wall $0.00 $0.00 $0.00 Construct Seat Wall $0.00 $0.00 $0.00 Boulder Seat Walls $0.00 $0.00 $0.00 Shade Sail Posts $0.00 $0.00 $0.00 Shade Sail Fabric $0.00 $0.00 $0.00 Court Nets $0.00 1 $2,000.00 $0.00 Overhead Structure A - 22'X32' Custom Curved $0.00 $0.00 $0.00 Overhead Structure C - Bleachers - 24'X63' $0.00 $0.00 $0.00 Overhead Structure D - 14'X14' $0.00 1 $42,281.25 $0.00 Overhead Structure F - 14'X86' $0.00 $0.00 $0.00 Overhead Structure G- 16'X42' Custom Curved $0.00 1 $67,363.75 $0.00 Overhead Structure H - Radii $0.00 - $0.00 $0.00 Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height) $0.00 238 $595.00 421 $1,052.50 SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS: Option 1: $0.00 Option 2: $139 920.00 Option 3: $1052.50 8.0 LANDSCAPE Tree 24" Box (5) -$1,600.00 $0.00 $0.00 Tree 36" Box $0.00 $0.00 $0.00 Palm - Phoenix dactylifera - $0.00 $0.00 $0.00 Root Barrier (96) -$864.00 - $0.00 - $0.00 Shrub 5 Gal (45) -$1,125.00 $0.00 $0.00 Turf- Bermuda Sod - $0.00 $0.00 $0.00 Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas) (628) -$628.00 - $0.00 - $0.00 Imgation (628) -$1,570.00 - $0.00 - $0.00 New Irrigation Controller - $0.00 $0.00 $0.00 Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin Areas) (628) -$125.60 $0.00 $0.00 Weed Abatement (628) -$12.56 $0.00 $0.00 136 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate I OPTIONS: 0310112023 Landscape Maintenance (90 days) (SF me Shrub, Groundcover, Turf and Basin Areas) (628) -$125.60 - $0.00 - $0.00 Boulder (12-inch - 24-inch)'Desert Select' - $0.00 $0.00 $0.00 Boulder (24-inch - 30-inch) 'Desert Select' $0.00 $0.00 $0.00 Boulder (30-inch - 36-inch) 'Desert Select' $0.00 $0.00 $0.00 SUBTOTAL "LANDSCAPE" ITEMS: Option 1: -$6 050.76 Option 2: $0.00 Option 3: $0.00 9.0 SITE FURNISHINGS Trash Receptacle $0.00 2 $3,000.00 $0.00 Hot Coal Container $0.00 $0.00 $0.00 Drinking Fountain $0.00 $0.00 $0.00 Bike Rack (Inc. Footing) $0.00 $0.00 $0.00 Bike Tune up station (Inc. Footing) $0.00 $0.00 $0.00 BBQ Grill (Inc. Footing) $0.00 $0.00 $0.00 Bench $0.00 6 $15,000.00 $0.00 Table with Chairs $0.00 $0.00 $0.00 Umbrella $0.00 $0.00 $0.00 Small Table at pool Lounge Chairs $0.00 $0.00 $0.00 Moveable Chaise Lounge $0.00 $0.00 $0.00 Fixed Chaise Lounge $0.00 $0.00 $0.00 Picnic Table $0.00 $0.00 $0.00 Goric Modular seating Curvy Blocks at Plaza $0.00 $0.00 $0.00 Construct Dog Bag Dispenser (Inc. Footing, etc.) - $0.00 - $0.00 - $0.00 SUBTOTAL "SITE FURNISHINGS" ITEMS: Option 1: $0.00 Option 2: $18,000.001 Option 3: $0.00 10.0 PARK AMENITIES New Wading Pool $0.00 $0.00 $0.00 Play Structure at Wading Pool $0.00 $0.00 $0.00 Play Structures at Playground $0.00 $0.00 $0.00 Public Restroom $0.00 Option 1. $0.00 $0.00 Option 2: $0.00 $0.00 Option 3: $0.00 SUBTOTAL "PARK AMENITIES" ITEMS: SUMMARY Option 1 Total Option 2 Total Option 3 Total 1.0 415,805.00 $61,029.00 $40,676.00 DEMOLITION 2.0 GRADING 43,687.30 $11,132.00 $960.70 3.0 STORM DRAIN $0.00 $9,522.00 $0.00 4.0 WATER $0.00 $0.00 $0.00 5.0 DRY UTILITIES 47,500.00 $60,000.00 $0.00 6.o SURFACE IMPROVEMENTS $38,671.50 $117,447.00 $31,564.50 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES $0.00 $139,920.00 $1,052.50 8.o LANDSCAPE $6,050.76 $0.00 $0.00 9.0 SITE FURNISHINGS $0.00 $18,000.00 $0.00 10.0 PARK AMENITIES 1 $0.00 $0.00 $0.00 Option 2 Option 4 Option 5 SUB TOTAL PROBABLE CONSTRUCTION COSTS: -$71,714.56 $417,050.00 $74,253.70 Contigency (15%) $62,557.50 $11,138.06 TOTAL PROBABLE CONSTRUCTION COSTS with Contlgency: -$71,714.56 $479,607.50 $85,391.76 (Keep existing dog park in parking lot) (tennis court at Operations Yard) (remove skate park and change back to parking lot) 137 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 4 0310112023 Construct Stabilized Decomposed Granite 4-inch $ 3.00 SF $ 3.00 SF - $0.00 Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles, rebar, grout joint, mortar, etc) $ 50.00 SF $ 50.00 SF - $0.00 Construct Asphalt Paving Class II Base $ 1.50 SF $ 1.50 SF - $0.00 Construct Asphalt Paving $ 3.00 SF $ 3.00 SF - $0.00 Resurface Asphalt Paving $ 1.50 SF $ 1.50 SF - $0.00 Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc) $ 8,000.00 LS $ 8,000.00 LS - $0.00 SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS: $28,580.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES Construct Thigh Tubular Steel Fence $ 50.00 LF $ 50.00 LF 182.00 $9,100.00 Construct 12' high Chain Link Fence (See Options) $ 80.00 LF $ 80.00 LF $0.00 Paint / Refninsh Existing Tubular Steel Fence $ 5.00 LF $ 5.00 LF 201.00 $1,005.00 Construct Thigh Tubular Steel Gate (Inc. Footings, Posts, Gate Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate) $ 1,200.00 EA $ 1,200.00 EA 2.00 $2,400.00 Construct Retaining Wall $ 150.00 LF $ 150.00 LF - $0.00 Construct Seat Wall $ 120.00 LF $ 120.00 LF - $0.00 Boulder Seat Walls $ 800.00 EA $ 800.00 EA - $0.00 Shade Sail Posts $ 3,000.00 EA $ 3,000.00 EA - $0.00 Shade Sail Fabric $ 5,000.00 EA $ 5,000.00 EA - $0.00 Court Nets $ 2,000.00 EA $ 2,000.00 EA - $0.00 Overhead Structure A - 22'X32' Custom Curved $ 76,730.00 EA $ 76,730.00 EA - $0.00 Overhead Structure C - Bleachers - 24'X63' $ 154,517.50 EA $ 154,517.50 EA - $0.00 Overhead Structure D - 14'X14' $ 42,281.25 EA $ 42,281.25 EA - $0.00 Overhead Structure F - 14'X86' $ 132,325.75 EA $ 132,325.75 EA - $0.00 Overhead Structure G- 16'X42' Custom Curved $ 67,363.75 EA $ 67,363.75 EA 1.00 $67,363.75 Overhead Structure H - Radii $ 62,283.75 EA $ 62,283.75 EA - $0.00 Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height) $ 2.50 LF $ 2.50 LF 411.00 $1,027.50 SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS: $80,896.25 8.0 LANDSCAPE Tree 24" Box $ 320.00 EA $ 320.00 EA - $0.00 Tree 36" Box $ 800.00 EA $ 800.00 EA - $0.00 Palm - Phoenix dactylifera $ 5,500.00 EA $ 5,500.00 EA - $0.00 Root Barrier $ 9.00 LF $ 9.00 LF - $0.00 Shrub 5 Gal $ 25.00 EA $ 25.00 EA - $0.00 Turf - Bermuda Sod $ 1.00 SF $ 1.00 SF - $0.00 Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas) $ 1.00 SF $ 1.00 SF - $0.00 Irrigation $ 2.50 SF $ 2.50 SF - $0.00 New Irrigation Controller $ 15,000.00 EA $ 15,000.00 EA - $0.00 Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF $ 0.20 SF - $0.00 Weed Abatement $ 0.02 SF $ 0.02 SF - $0.00 Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf and Basin Areas) $ 0.20 SF $ 0.20 SF - $0.00 Boulder (I2-inch- 24-inch)'Desert Select' $ 200.00 EA $ 200.00 EA - $0.00 Boulder (24-inch - 30-inch) 'Desert Select' $ 350.00 EA $ 350.00 EA - $0.00 Boulder (30-inch - 36-inch) 'Desert Select' $ 450.00 EA $ 450.00 EA - $0.00 SUBTOTAL "LANDSCAPE" ITEMS: $0.00 9.0 SITE FURNISHINGS Trash Receptacle $ 1,500.00 EA $ 1,500.00 EA 4.00 $6,000.00 Hot Coal Container $ 1,600.00 EA $ 1,600.00 EA - $0.00 Drinking Fountain $ 7,000.00 EA $ 7,000.00 EA 1.00 $7,000.00 Bike Rack (Inc. Footing) $ 1,200.00 EA $ 1,200.00 EA - $0.00 Bike Tune up station (Inc. Footing) $ 3,000.00 EA $ 3,000.00 EA - $0.00 BBQ Grill (Inc. Footing) $ 800.00 EA $ 800.00 EA - $0.00 Bench $ 2,500.00 EA $ 2,500.00 EA - $0.00 Table with Chairs $ 5,000.00 EA $ 5,000.00 EA 5.00 $25,000.00 Umbrella $ 2,000.00 EA $ 2,000.00 EA 11.00 $22,000.00 Small Table at pool Lounge Chairs $ 400.00 EA $ 400.00 EA 11.00 $4,400.00 Moveable Chaise Lounge $ 1,600.00 EA $ 1,600.00 EA 22.00 $35,200.00 Fixed Chaise Lounge $ 3,000.00 EA $ 3,000.00 EA - $0.00 Picnic Table $ 3,000.00 EA $ 3,000.00 EA - $0.00 Goric Modular seating Curvy Blocks at Plaza $ 750.00 EA $ 750.00 EA - $0.00 Construct Dog Bag Dispenser (Inc. Footing, etc.) $ 350.00 EA $ 350.00 EA - $0.00 SUBTOTAL "SITE FURNISHINGS" ITEMS: $99,600.00 10.0 PARK AMENITIES New Wading Pool $ 200,000.00 EA $ 200,000.00 EA 1.00 $200,000.00 Play Structure at Wading Pool $ 300,000.00 EA $ 300,000.00 EA 1.00 $300,000.00 Play Structures at Playground $ 250,000.00 EA $ 250,000.00 EA - $0.00 Public Restroom $ 400,000.00 EA $ 400,000.00 EA - $0.00 138 FRITZ BURNS PARK MASTER PLAN Opinion of Probable Construction Cost Estimate Phase 4 0310112023 SUBTOTAL "PARK AMENITIES" ITEMS: $500,000.00 SUMMARY Subtotal: 1.0 $20,702.00 DEMOLITION 2.0 GRADING $7,503.31 3.0 STORM DRAIN $10,729.50 4.0 WATER $80,000.00 5.0 DRY UTILITIES $104,385.00 6.0 SURFACE IMPROVEMENTS $28,580.00 7.0 WALLS / FENCES / TRELLISES / SHADE STRUCTURES $80,896.25 8.0 LANDSCAPE $0.00 9.0 SITE FURNISHINGS $99,600.00 10.0 PARK AMENITIES $500,000.00 SUB TOTAL PROBABLE CONSTRUCTION COSTS: $932,396.06 Contigency (15%) $139,859.41 TOTAL PROBABLE CONSTRUCTION COSTS with $1,072,255.47 Contigency: 139 140 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEE I INC3: March 7, 2023 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, INC. THROUGH SOURCEWELL COOPERATIVE PURCHASING FOR INSTALLATION OF SHADE STRUCTURES AT FRITZ BURNS PARK PROJECT NO. 2022-26 AND X-PARK PROJECT NO. 2022-28 RECOMMENDATION Approve an Agreement for Contract Services for the installation of shade structures at Fritz Burns park Project No. 2022-26 and X-Park Project No. 2022-28, with Shade Structures, Inc. dba USA Shade & Fabric Structures, Inc. through Sourcewell Cooperative Purchasing; and authorize the City Manager to execute the agreement. EXECU FIVE SUMMARY • The trellis at the seating area in Fritz Burns Park (Fritz Burns) is in need of replacement. • The X-Park needs shade to provide protection from the sun. Due to long lead times, staff is requesting approval to order the structures now, which will be funded in fiscal year (FY) 2023/24 budget and payment will be scheduled after July 1, 2023. • The City utilizes Sourcewell Cooperative Purchasing (Sourcewell) for procurement of goods and services. • Shade Structures, Inc. dba USA Shade & Fabric Structures, Inc. (USA Shade) submitted quotes for the installation of shade structures at Fritz Burns park and the X-Park. FISCAL IMPACT Funds for the installation of shade structures at Fritz Burns Park are currently budgeted in the Capital Expenses, Parks account 503-0000-71060. Funds for the X-Park will be included for Council consideration in FY 2023/24 budget. Amounts will not be paid until installation is complete, which will be after July 1, 2023. 141 SHADE STRUCTURE LOCATION COST Fritz Burns $ 185,057 X-Park $ 154,216 Contingency Amount 10% $ 33,927 TOTAL: $ 373,200 BACKGROUND/ANALYSIS Residents have identified shade as a priority in City parks. Staff has identified Fritz Burns and the X-Park as high priority parks for installation of new shade structures. Amenities at Fritz Burns include a dog and skate park, pool, playground and picnic area, tennis and pickleball courts with an adjacent seating area, and open space turf area. The trellis over the seating area at Fritz Burns has reached its useful life, is leaning, and needs to be replaced. The addition of shade over the seating area and between the pickleball and tennis courts would provide protection from the sun for park users (Attachment 1). The X-Park is a premier skate park and features a Pro -Shop, pump track, and skate bowls. Shade structures are needed to provide users protection from the sun (Attachment 2). The City utilizes Sourcewell to streamline the procurement process. A quote from USA Shade was received through Sourcewell, which complies with the City's purchasing policy. Based on USA Shade's qualifications, staff recommends approval of the Agreement for Contract Services (Attachment 3). USA Shade submitted quotes for the installation of shade structures at Fritz Burns and the X-Park. The cost to add the structures including a 10% contingency would be $373,200. ALTERNATIVES Council may approve only Fritz Burns Park or deny this request. Prepared by: Dianne Hansen, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Fritz Burns Rendering 2. X-Park Rendering 3. Agreement for Contract Services 142 ATTACHMENT 1 s ■ all I LI ft � A 143 144 L--- 1. j IL mgff-" LL®RW-v ti re 1 Ontinn, IRV, j Jim .e Or 6f 41P -0 I - In .*' .1 Via, it WE 0 FNI r RM Tp. ""Ill.lippip pp. 0 148 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 Shade Structures, Inc. dba USA SHADE & Fabric Structures, Inc. ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Project No. 2022-26 Fritz Burns Park and Project No. 2022-28 X-Park Shade Structures 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 such licenses, permits (permit fees waived), and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be 149 performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. _2 150 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. ►0��rrt0 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 of Three Hundred Thirty -Nine Thousand, Two -Hundred and Seventy -Three Dollars ($339,273). (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall 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 3 151 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 mutually agreed upon Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on or around March 20, 2023, and terminate on completion and acceptance of installation on or around September 30, 2023. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: _4_ 152 (a) Name: David Schneider Tel No. 214-601-1518 E-mail: dsshneider@usa-shade.com (b) Name: Ashley Donde Tel No. 714-427-6981 Email: adonde@usa-shade.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as Dianne Hansen, Management Analyst Parks/Landscape or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. 5 153 City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. _6 154 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books -� 155 and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, $ 156 to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, -g 157 safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. -10- 158 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Dianne Hansen Management Analyst, Parks/Landscape 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: USA SHADE and Fabric Structures. Inc. Attention: Ashley Donde Senior Regional Manager 1085 N. Main Street, Suite C Oran, CA 92867 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. 12 160 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Name: David Schneider Title: Vice President in Name: Virginia Marquez Title: Assistant Secreta Exhibit A Scope of Services 1. Services to be Provided: Installation of a shade structures at Fritz Burns Park located at the corner of 52nd Avenue and Avenida Bermudas; and at the X-Park located at the corner of Dunes Palms Road and Black Hawk Way. Fritz Burns structures at the pickleball and tennis corridors, and over the seating area. .r 5 t.1111cn.�Ifrlly. i FaundailcmmBy Lr5A5hade Urilirvper Hip EiWded Greutlnstaxenor, L5AShad C 5trt►cture5ltz_ 20 t x 60ft FoottagType: twilled Pier USA Shade Model Number 602-6 BawAttachrnent: PIN - Embed Entry Height; No corcolum1,6! no or Tabor l: t" FahrlcType; f abek Color_ i aft 6 12.4f! .FFsel coW-m 1 C4lourshade_FF ereef Anehot bolts: Concrete Cutting,. Dirt FtemwA 5ixt—Type NIA Included IricItOed 1x Concrete} 5x Dirt - r ;teel Finish: C"atalPf ner wf aonaer Caalin rrwJudes reltsforced panels along rkdge and rafter for high wind and sand r ond"etio Client responsible.to relocate, limb cam {lnciudiog foorings) acid nAwatron of electrical behind bleacher block area teel Woe: Beige Electrteal Provisions=- NIA CahiejNDW Finish: Galvanized Cancapt W. nit QuaptW. i FoundatioruBy USASharfe. nlrType: Hip Joined Grcutlastellation USA Shade trixture Slier. 16ft x 64it Footing Type. gilled Pier SA Shade Model Number 603-5 Base Attachmelit; PIH - Ernbed airy H&EhL- 9f# Auxhvr11dks-. N f q e-3fCalumn5: 6 ConcreteWiting: Indkided o or Fabrk Top=a 2 Dirt Rernotai- Included abrlc Typr:: CoiaurBhade Fli surface Type: Concrete n'bric CeJor tael;finish: Blue :08°t8l Fflrnef Vf Po'Hdf:r CoullnLr In hides reinforced panels along fldgr arrd rafter l'or high wind and sand mndlibns client responslble for any repair to cvncrele work, fliltng of exlsting hales and removal of trees_ tee! Color. White lectrka iSroytslons: ablefHOW Finish Galvanized oneepLMu; Exhibit A Page 1 of 12 Last revised summer 2Q6 — f�« • -s Between Courts Unit Quantih- - i _ _ 2. 1 FOttndabond Ey USA Slade Unit type: Hip Joined Gimtrnsiallation USA Shade Structure Size: 16ft x 96ft Footlng Type ❑rflled Pier L15A Shade Model yumter 601 S Base Attarhment Plid - Embed Etttry HeW_ht 9ft daiLmr dolts. N/A NooFColurnas: 8 Cs. ncmtcCuttlr�_— Included NP of FaflrK TrYfi 3 Drt RetrrtVa:: Included FabricTypc Celourshade_FR are Type- Concrete Fabric Color 81U9 5teG1 F1nL4h. oestal FImerxj Po. der lndudesrein€orcedpanels alongrrdgeand rafter for nigh wind and xnndaandaicm Diem mpartsibie for any mpaireo eancmre xmrt, rdGng of existing hales andrernamloftrtcs StaelCoior White' E!2[frrG71 Pr4lrippns M1% A Cahle/HDWFrnisn' Cwr[ept No: PAYMENT TERMS. (1) Upon execution of the Agreement (Deposit) (2) Upon delivery of Unit(s) (3) Upan completion of asemblyfinstallafion (4) Other {specify): Pricing based on SourceweII Contract # 010521-LTS USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 15 days to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fah ric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final siritig can be determined. Exhibit A Page 2 of 12 164 X-Park structures located at the turf area along the west side of the park (area 1); and east of the building (area 2); and two structures in the center of the park (area 3). Exhibit A Page 3 of 12 165 (I) Upon exE=ian of the Agreement [Deposit) Contract (2) Dpon delivery of UE t{s) (3) Upon completion of asQmb4yfinstallaticn 100% (a) Other{specify): (No Progress Billing) Pricing based on SourcewellContract#010521-iTS. Above Terms approved h7 VP-NOFtOR Building Code I CDC 2022 Wired Load 115 mph Snow Load 5 p5f Drawing Size 11 X 17 No. of Seared Drawings 1 Cal"lations Required YES INCLUDED 0 EXCUUDED ❑ INCLUSIONSEXCLUSIONS ENGINEERiNG REQUIREMENTS Seared Drawirwp & Calculatians INCLUDED 0 EXCLIJUED ❑ INSTALLATION - MISCELLANEOUS Prevailing Wage f Certired Payrol! p ❑ Permi[SubrWntal ❑ +❑ Gnian Wages ❑ p Permit Fee ❑ D Fencing El +❑ DSA Submittal & Fees D s❑ water and ElectrmA 1 ❑ Design and Engineenng of StrucWna i7 +❑ Landscape Repair p ❑ ❑esign and Engineenng at Foundation n_ n Demolitian (Existing Structures) ❑ 0 Ilea� and Load] foe att.:h—.t be W.R,, Roofmps,o 00— C.? D Payment and Performance Bonds ❑ 21 Foundation Location and Elevation Suveey l:1 Q Special Inspection Fees Exhibit A Page 4 of 12 166 Construction Assumptions 1] The designated area for our structures will be accessible by drive -up for unloading of our trucks and equipment, including personnel roan-lifts,forkiifts, etc. Should a crane be required and direct access not available, additional costs for such will he submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with dear, sequential, and continuous access without interruption during normal daytime working hours_ We have assumed one mobilization for the installation offoundations, steel and fabric; ifadditional mobilizations are required, there will bean additional charge_ We will require exclusive access to the area for our work during the construction process. 3] Our pricing does not include daily site delays aocessing the work areas. USA SHADE will submit a Change Order for arty delays caused by other trades which interfere or cause us to stop working. 4] We will require site saaitaryfacilities and refuse containers by others within 2DO feet of our work_ S] USA SHADE will leave its work and materials in a dean condition atthe conclusion of our work_ 6] Barricades and publicsecurity requirements are not included_ 7] Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner's property around the installation site; (c) repair or replacement of any Purchaser or Owner -supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8] Pricingfor foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional cost incurred will be submitted to the client by a Change Order. 9] Digging of ourfoundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may beencountered during installation. 10} Any additional casts incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as -built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing priorto installation_ Exhibit A Page 5 of 12 167 GENERAL TERMS & CONDITIONS AND WARRANTY 1) Pro": -ille-aboye pmposal%valid for 15 days fi orri flue date first setfoitfi alove_ Ater 14 dais, vie ieser-wt;re riehtto inrYeaseiirites due to the rim in cost of rawmateriats, fuel, or other cost increases When applim6le, USASNAr]h & Fabric Structures reserwes the right to implement asrdsrge for significant increases in raw matQ ials, including, butnat Imbed to, loss, steel, and cnncrete- IDuetothe duraUcin aftime behtieen proposals, aorrtra ts, ano final instaliabon, USA SHADE & Fabric Shsrcbrras reserrrsthr right to inklocmcntthis surdrorgc; when applimhi'c 2) Purchaar: By executing this prormsal, or subm ttirga purctmsc n-der punnuanE to this proposal (which shall incoracratc the tmrn of the ngrrement 5pecifically5y tpferencet whlctn Is at[epred by IISA SHADE & Fabric 91mrrhre5 (tire "Cr�rnparrrr"), the purchaser Idengited alcove ("vou artiie "Purrhasefj agrees to purchase Shade Strvdures arrdsh3de structres ('Stn,ckures") and Ehe services to he provided 6ythe .=ompinyr as detailed in Hie "SEnxhre Priclneand "General Scope of Work" sections oFbinis agreement, abme, or in the relevantpurrchme orderaccepted bye the CarnpwW, for use by PurdiwEr or for crshihtion blr Caanpany m Purclicanr on hehO of a third p rty who wril be the ultimate owner of the S€rucbiren (LFm utLimotc ovnrer of a Arurdurn, whemei Purchaser or a tldrd-Daitir. bore the "Owryer"). 3) SbXi. SIAIKIAWS: Puiclkasel hm 1.5 days from receptoi the structarles io frea 5hcHtsNp rep=in writing to ltssales relsresentan x. ComparWiml not immy clams wade afWr tfiis ti ire 4) Standard EkLiuskxn Unless sGedficalhrincldaied under the 'Gereral Stave of work" sedlon above, thisureement does not Include. ared Cc m9anv wnI not provide, services labor, fir materials for any of thefnllowi ng wart. (a) removal aed dispcsal of any materiaR rontaining ashestrx or any hazardous na€eriak as defined by the EPA; [b) masnng Ovaves prapertyamund the installaCun site; (cl repair or replacement of any PurchwerorOrvrier-supplied materaLr: 1d) repair of concealed underground uhikies not located on prints supplied to Cornpanyby Ownerdurirg the biddingprocessr or phirsical ty staked out by Owner, and which art damaged duringcoru€ruc#ion durargnornaf caurxafconstruction. 51 Bondim6uidclinea:ifNrdraserwAluxorprovi3ctimStructures and Scrvicezfor anOwnesoiherthan Phurcl- s 4lindudir_ vrithorklimitaton,asa mbeontracmr ctPurrham 1, Purchacery l include thefdliamirg sraternem in Purchasees contract urth Owner: 'rhemanufactur�s werrantY For the Shade9tructurcbrand sltade struchrres is a separate document between USA SHAI)E & Fabric Structufesard the riltlrr-e saner of the Shade 5inrrtirres brand gharfe stn-kTures, whtir well he prcwidedtotherrlhmate mvrer at The trine of oornple4lon of the install atfon and ether services to be provided by USA SHADE & Fabric5truct_rran_ Due to surety requirements, any performance ar.d forpayrrx-mt bend wdP covrsanly this first ycar cf thcUS4 ;,HARE & Fabric9truttucs warranty." 6) Insurance Requirements: Company is not requiredto-pracAde airy insurance coverage in excess of CcvnpratysAmndard insurance. AL cow cfthe Company's standard insurance is awngahic for your review prior to acceptanoe of the Campam f s proposal. 7) Peynsent:.Terrra uF ayrnertwe defined in the'Pridng Dcta h" suet an and are spetili LAG thfm rontradt- Fos purposes of this agreement. 'Completiun, is defined as heirtgt're pant aft which the 5hu,-hrie is siul=ble Fcr N irrended use, the issue of occupancy consent, ar a final building de-partmentapproval is issued, whichever occurs firs:. Progress bilBrrg and payment wi ll be required. AR payments must ba made to Shade Strveturn, Inc., P_O. Box 73s158, Ca fas, TK 75373--0158 r_umpany may tiseafl femedies avarlab�e to it under current lawsifidudva but ratlimited ta, ilUngof Inns a0rtstthe property and ruing a collection agency or themurh to w-mre the oolrectian ofthe outstikndrngdebt. 8) Lien Re€eaces: Upon req uestby owner, Ccimparry wnll Issue appropriate partial Aen Meases as =espondlig payments are reee:wed fern Purchaser, but prioi tc rccc: ing final payrne t from Purchaser or Owner. Company will prawidca NO rdwse of limo upon mcxipt of final payment- In aaardance with sure riT^ C,omparn/re5erVe5'he nOt to place alien an the propeatyrffloal paymenthas ri bezn race wed 10 days pnlo( Wa tte Nine deadline forllLm 9) Site Plan AnproyM. Perrnitis Permit fees. flans. friArreerins< Onawines. and 5urvevinF: Site plan apprmal, permlM perfnkfee5, plans, englneerla g dra. ngsr and surveying are specifialiy excluded from thin agreement and theSemiees unhss specified under the "General Scope of Worir"_ lire Company d o= not in any way warrant or reprmcnt Ux t a permit or site plan approval Far sAnstnt±ion wnfl be obtolred. Sealed rngirrccrcd drawings that arc rewired but not included in the "General Scope of 4Arork" wadi rewit in an additional cast to Purchaser. 101 an2rwAactueiiy2 & Oeiiueryr Manufec-,unng lea tine from Companyrs reeaupr cl ttre"Motl7e To Proceed— k appravrn^atelyr fi la 8 aeeeK5 for standard strachrres, and 8 to 12 weeks for custom stnxtures_ D6yeryis apprcaurnatdy L veeekthercafter €}elivery of.5tntctuses mar be prior to or at start of assernbty. Rlease note d!atthese trrneltnes k nut include awiavas or KrinirUnE tlnieframe5_ 11) Returntd Product, Depo4h, and/or cancelled Order. Witfin the f ut 45 days miter A4"cn#fromourfacrkty, al returned productts) and cancelled orders ire skibierl m a 50:a re�txkrne Fee. Nofe-hutns are ararlahle FoLlow4ri2this 45 day venad. All depaslcs are tlorrtefundable_ AJI E�wemes Incurred €einjnea=ng, site sun+eysrshlPpong h'- > in& etc.) are the resgomilbiiiLy of the Purdhaserr up to notice dcminoeliatveru Exhibit A Page 6 of 12 168 12) Concealed Conditions: "Congealed conditions" include, without I! mitation,water, gas, sprinkler, electricalandsewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either byvisual inspection or by drawings andjor plans submitted by Owner atthe time this agreement was hid_ If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop wort and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for -any additional work. In any event, any damage caused by orto unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage- Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process_ Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change order before Company will complete the process- Price quotes are based on a drilled pierfooting. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional casts for which vary by geographical region)_ 13j Charges in the Wofk: During the course of this project, purchaser rnay order charges in t hework(both ;additiaro, andddetium)-AdditioreHy, an alwoufng agencymay requlne chaaiges In the work fr4rnthe origmi desljii w enginEfficgQ"ed and pfcMded bytlreCompanyfbottlacicl rs and deletions.}Tfhevast of these changes wii be detErmlmd bvthe CoTlpwry and a Gtanee arderfomt rrtsr ae cormleted arrd srened byboth The Purchaser and the Company, which will detail the "Gano-A Scope ofthe Change Order'- Should any Change Order he essential to themmpleban of the projEdr and t h-_ Purcf-.wstr refuses to authorfm such Charge Crderr then Company wil l be detmr:d ba have performed its part of the project, and the project and servtoes wA betemhlneted- Upan sudhterm natlosh, Companywill subrM a final blJling to Purchaser for payrrpeM less a Iabcralfflwanie for work not performed but irduding additional charges innneddue to the stoppage- No credit will be alloyed farnrotEdmls sold andsuppied, which wli remain the property of the turchaser_ 14- 5taferaen1ofLfmitedWarranfy: • Thestnvctrrral integrity of all supplied steel is warrardedfortanyears. • If osscmhly is provided by tic Company, worktronship cE thestructurr is rowed forma year, including. labor lor#he rtmoval of anyfailed part, disassembly ff necessary). wst of Sh olainF, and remsenibiv- ■ Ail steed volace If nkh es are wanaTTced forone year ■ Shadesuraw, Calourshade$ FIR, eXtreme32TM, 0ammercial 951, SaFpsfraden, and Monnt2e3701fabeirsaN carrya ten year lirritzdmanufacturers worranty wgainst failure fmnm rig A,.rn fadin& detu arntion, breakdown, outdoor heal, `old o, d-ocoloRAkrR. Shoufdthefabrk Freed to br raploced urdertt a warranty, the Company yell manufacture and slip a new rerdacerrerwfabrrc atnn cbargefG"he first s#cyears. Thereafterprc�TaTed ai70% per year aver the remabTing four years_ The fo&wrngwe except000s to the preceding warrarntyterm& o Amesvre- Fabrics In Red, Ye[tow, mormir. oranee. Eiecric Purple. Ztity Lnke. Glnnarnoo, Clive, ahld rr+7tllf7tyry carry a bile year arofated o fabric tolasattarhedta [oolbrelia- stminums cafrrf a rhme year wafranzv- a Individual fahrictnps measuring greater than dfi' in leargthare ccr.�ered irf a non-pv�rated five •pearhrrarranty, n Preoonh-dkitSD21waterproofn3emhraneissubject tcaneight yfwpro-rated vearmrrty. • Sowing Sfrrrad o warranted for tcnyearn. Genaral Lim ted Wanardy Terms and Conditions ■ Tfrmc limited wm:rantics are cFfed ivc From tfhc dote of xslr, or, ifcmernhly n provided by ttK Company, upvTi rrocipL by Company from Purchnicrof a ernnpfeted aid signed YAatomer Check] M andSlerroii corm ■ In its sole drurEtion• the Company m I I repwr and orfrep:ace delestive ATuctures, products arwartmanstvp• or refund that portion of the pnce related to the defect ve prodadk, i3borr w serihce rendered. ■ The Company reserves the right, in cases where certain habcic mlamhwve been d-rsmrrtinued, to ofherthe Purchnerar dumev a choice ofav:ilable alternative colors to replace the warrantedfabdc- The Company does aotgl arameetfhatanypartiadar color will be avallahie for any period oftime, and reserves the rj& to discontinue any coaar ferany reason, without *ec.,urse lsy the purchaser or owner afthe dbronthued fabric color_ • SihouktthrPurcha_ccorOwrxrselrtixstracturestaanotherparty. thevmfrrxrtycnnruAbetrnnsfrxredfother<wamrierntfhioutacompleteand dmrolgb orhrce irtspecticarperfrirrned by a Con rpauy rresintartlre- Please contartthe Company at wanantyeukrsfhade.comfor more detail& Aft wonanty clairihs cvverlanE CnmPar V WPlledstiudures- prcclurts. andsemllces rnrat he subrtW d tN Pur€ihaseraa Caemer lnwrmneto the Company within thirty days from the dateflf discovery uftfre alleEDe•d defect and mustindude a detailed des(TU )nand aoplicabte#hatwa^ of the alleged defect orproblEwL Warrafdtycl3msshauidbesrebFnttedbyemailtc)vmr;antpLou,arshade-com- Pu-haser or Ovmer agrees: that wemue for any court ac*-io n tc anfnrce t+ ese limite:f war anties shall be in t he City ar Coanty of E]all as in the Stale of Texas, USA 41 These li rrited wRJnanties are void if ❑ the supplied structures, pfoduutsrsRrvlces and/of labor arernt paid For in FuJ1. o the structwes are not assernbied try !-krict rompllame urfth USA SHAPE sperJF iatiom,- o arfchangrs, raovifications, additioro, or citachmerti aremade to the structures iAargway, r ithuutprior writtenapprcvml from the Gamfaarw. speancally, no signs, ohJerts,fatts, IlgbtMures. etc mayaehung frornthe structures,urdess specrflcaltyenerneened by the Company_ Exhibit A Page 7 of 12 169 • Thrsc im2rd wa rantim do not covcf dlrFtzU arad(or darnogn cnLard by- * normal weer and tear, o misuse, Wlfulor In1f'nt1cnal damage- vandalism, contact wiehchemicals, cuts and Acn of God T_e- tornado. Itutrtcafle, mrcformacrns burst' earthquake M(Mrm etcl o ire, snow or wind loads in --geese cfthe designed load parameters engineered Per the supplied structures; fT iJ5t, maintenance, neglect, repair-, andfor service inromiverr- wththe CoRpaWs written care and rnaintendnHm Inshuctliln5, prOYtded With the order. • The limited warranties ezplizh:ly exdude: o workmanship related to assennhty not psauded bytr a Company orits agants: o fabric kzr�irTs, valarrccs, and flat rcytical pariets; o faltdctaps installed Dn structures that werenat engineered and oridnA supplied by the Company. • THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, C.ONSEQUEN',LAL, SPECIAL. UQUIDATED, EXEMPLARY, OR PUNMVE DAMASE-Sr OR ANY LOSS OF REVENUE, PROFIT, USE OR GDODWILL, WNHEMER BASED UPON DDNTRPLT, TORT IINCILIDLIrIG NEGUGENCOrOR ANY ❑THER LEGALTHEORY ARISING OUT OF AL BREACH DFTHtS V u PRAPEY OR the MNNECTItIN WITH THE SALE, INSTALLAMOH, WilkiTENANCE, USE, OPERATION OR REPAIR ❑F Nm v PRODUCT OP SERMCE. IN NO EVENT WILLTEECOMPANY BE LIABLE FOR ANV AMOUNT GREATER THAN THE PURC+USE PRICE FOR ANY PROIDUCrOR SERVICE FROMDE13 by THE ODMPANY. * TFE Fi7REGC1NG LIMITED WAARANTf IS THE SOLE AND EXCLUSIVE WARRAhlrY FOR THE COMPAMPS PRODUCTS AND SERVICES, ArJD]SIN LIEU oi,ALL OTHER WAR PANTIES, EXPRESS OR €MP UED, IN LAW OR IN FACT. SELLER SPECIFICALLY DECLAEMS ALL OTHER WARRANTI ES, E YP R ESi CR tMPU ED, INCLUDING, VVIITHOUT LLMITA'70N, ALLIMPUED WArRRANTIES OF MERCk WNTABU YAND FITNESS FOR APARMUtAR USE OR PUR1`CGE,AND ANY IMPLIED WCRRAN7[€S ARISING OLIT OF C13URSE OF DEALiNG i)R PERfORM,CNCE WiTRpDE U,`;uGE PURwry,gGEfl, fffAUCEPTANGE AND UM OF THIS LIMITED LW1ARRANTlr, WAIVES ANY RiGHTSCf "(JLD OTHERWISE HAVE TQCLAkM DR A-'L%U MATT HIS UMITED WARRANTY FAIL; OF FM ESSENTIAL PURPDSE C? Immhad• °mod a7rtn-32' aro rajrict nd 4ndorrr h of Multi#nit Pty_ Lid Cornrneroal 35"and 5afRsnaDe" are m&-,Derea uatlemarks of Gale Fadit USA Imr &Lono�ec37orm is a rri-tered trademark of PRO�kHIT Jndwlr-es Ply. Ltd. Prae—traint rilK- is a rag-,t—dtrmdamarir of Sarga F—ri Nc lh An—im,]- 1Ei] A;nerr Installatbn: • CompanywillnatiiyNrthaseraftheschedrdedasaembiydate_OwneragrepstohaveanawnerrepcmerL4atiuemeet theassembly crew atthejobshe on thesE9iedvled assembly datm toverlFV the exact?ccatlon vrir€reVle stftfckwejsl Is to be placed_ • Laborfor thr rernovalr assembly, and{orfneight charges will on}y becovared by Crrrpa<ly in instances where the struc:um supplied and installed by Compmnrare drtermincd by the ODnpany W beck=Fcdirre. In all caws where3t*ucturo arc noi.:nAalled bN Canwany. all lobar Forthe removal, asxrnbIv. anri/grfTefght maftlre sanmL�{Ir>Ps wlb bathe Purrhase'rs r�Llanslb:IrcY. • h-L�Ilation prior are Isased on a sir>�e sr'>atrilia3Dn �Targe Ifadditianal rrobili�on.s are r�equire� theravri=l be addtional d-rarges. • rf the requested service: require Carnpany access tD Cmwr`s premises. C�nrrpany will be pnmded access to the Ownef s pfernises frae and dearof debric, au5xrlobi5es, or o7Ferinterffferoe Monday-Frkhy durirkgthe hours of S=Warn to 6_04pm, and Cbmparr!(wl I have acces, towaker aqd elecirrical fakdkjes duFim h1&Lalla> M. AddLumial Ctlaroe5 will apply If tairi2S are not 2a5ilw accessible_ where a0ical}l e. all vebi [Its all be moved pi IUm to c&Roarlv's Efew begiri"any i nstaRatan_ • Cwrq mrtlrvnb not be responsible formovirtgor rrpairing army unrdrrgroind utility lines ach as eletibical, telephony gasrwatcr, or sprinklerinrs that may be ericguritered dim ne InstiiI gtian • Any odditiono! casts incu,red ms a result of hard rock eoriditior-5 rn uirir godrm equilaxv nt, utAity rcn orai or mpairresulti % in delay will nes„ It in additiDnal chyees unless H)EV are detalled cm as-hidltsIledrawinLps Rrovkied tD Coirrpany of cracked on the El olmd amid mmnwti malted to CornpanV let vmUngp6arto fabricarborT and inkrWiatioa. 17} FateHetiortfAssemhhrarrsite: ►111nere iristailstionjesrsemhlk spmrt afthrc3o vlcesr �urcheser n,<at provide khc Company with a drtarlcd drowirg prepared by pr For theawmer ahosxlne mcdv wtiereThe structures are In beassernNedmwAl as rktellinEanvobstadet or otherImedlrnents that uzv causet w assembly prou-sto be more difficult Any fexttxaiS), eg_, p*gxound, Pools, etc., that the structures are to be assembled crer muetaLo be detailed, alone V.flh tfreirAealk heights [if apgkablej. 19) 5itelUseReviewhyl'urehaler_Company reties emthe Rvrchasertodetennnethat The structummnrcL-red are app iariateandsafefortheOwnee irLi llaboniitrare4vr intended a5c Cuwgmny is nut respumibie for don-mgm or injuriesrmultirg frvmcoilisivns by roaring objech ar pusoTnwith Lie slriMire past(s). ComparryranracammerTd, or suppty a: additKw5al cast. padding For posts From a third InariV manufacorer. 1?j Preparatory Work: Mae instatlatior fassernblY is part of the services and in the event that JhC fOUndatiDn or jab site Ls not suitable or reader for assembly t❑ hegin up thes&Eduled day, a Lrelay-of cirder rimllcatmn mist be sent to Cvmparrvat IeasT 4wT lrklrlg clays prior In order all4wGomparvM reschedule the project In the euenfthat Companryis not notified and incurs an expense inallEmpting to execrte theassem6ly, a Fe -mobilization charge r-W Ex-cf rgrd to Purchaser before CmnpanV will rzx_'rrdulc the oamraUV. Exhibit A Page 8 of 12 170 20} Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may he performed 6y subcontractors under appropriate agreements with the Company_ 21) Force Majeure: Impracticability: The Company shall not be charged with any loss or damage forfailure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with govemmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor. 22) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Riverside County, CA by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court havingjurisdictionthereof. 23) Entire Agreement: No Reliance. This agreemerrt represents and contains the entire agreement between the parties. Prior discussion orverbal representations by the parties that are not contained in this agreement are not part ofthis agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder_ 24} No Third -Party Beneficiaries: This agreement creates no third -party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that anythird party should be a beneficiary of this agreement. 25) Governing law: The agreement will be construed and enforced in accordance with the laws of the State of Texas_ 26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company_ The agreement shall he binding upon and insure to the benefit of the Company and the Purchaser, and theirsuccessorsand permitted assigns. 27) Electronic Signatures_ Each party agrees that the electronic signatures ofthe parties to this Agreement, whether digital or encrypted, including but not limited to the use of a typed name, are intended to authenticate this writing and to have the same force and effect as manual signatures_ Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including but not limited to typed or email electronic signatures. Executed to be effective as of the date executed by the Company: NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORN, OTHER THAN PRE -WORK, SHALL BE UNDERTAKEN WITHOUT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT. PURCHASER: SELLER: City of La Quinta Shade Structures, Inc. DBA USA Shade Signature: Signature: By: JPnnt) By: jPrint) Title: Title: Date: Date: NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc. Exhibit A Page 9 of 12 171 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, Exhibit A Page 10 of 12 172 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. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class I I I 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. Exhibit A Page 11 of 12 173 (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A Page 12 of 12 174 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Three Hundred, Thirty -Nine Thousand, Two Hundred Seventy -Three Dollars ($339,273) ("Contract Sum"). The break down is: Project No 2022-26 Fritz Burns Park: One Hundred Eight -Five thousand, Fifty -Seven Dollars ($185,057). This sum shall be paid to Contracting Party in progress billings: • 10% upon completion of design drawings. • 35% for materials before shipping; and • Final balance on completion and acceptance of the work. Project No 2022-28 X-Park: One Hundred Fifty -Four Thousand, Two Hundred and Sixteen Dollars ($154,216). To be paid upon completion and acceptance of installation after July 1, 2023. Attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Exhibit C Page 1 of 2 175 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Work shall commence on an agreed upon date on or around March 15, 2023, and terminate on completion and acceptance of installation on or around September 30, 2023. -2- 176 Exhibit D Special Requirements Contractor is responsible to pull required City permits (fees will be waived) and schedule required inspections. Shade fabric colors are to be blue. Contractor is responsible to ensure all measurements are accurate. Contractor is responsible for mobilization, storage of materials, and any required pedestrian and/or traffic control. EN61NEERING REQUIREMENTS Ru'dd'ing Cade CBC 2022 Wind Load 115 mph Snow Load 5 psf Drawing Size 11 X 17 No_ of Sealed drawings 1 Calculations Required Yes Exhibit D Page 1of1 177 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) Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer Exhibit E Page 1 of 5 178 or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise 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: Exhibit E Page 2of5 179 1. Contracting Party agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Exhibit E Page 3of5 180 Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Exhibit E Page 4 of 5 181 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit E Page 5of5 182 Exhibit F Indemnification F.1 Indemnitv for the Benefit of Ci a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. C. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. Exhibit F Page 1 of 2 183 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. Exhibit F Page 2of2 184 BUSINESS SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: March 7, 2023 STAFF REPORT AGENDA TITLF APPROVE AGREEMENT FOR CONTRACT SERVICES WITH KILEY AND ASSOCIATES, LLC TO PROVIDE FEDERAL LOBBYIST SERVICES RECOMMENDATION Approve an agreement for contract services with Kiley & Associates, LLC to provide federal lobbyist services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • The City does not have an existing contract for federal lobbyist services. At the state level, the City contracts with Joe A. Gonsalves & Son for state government relations and lobbyist services. • The City published a Request for Proposals (RFP) for these services beginning January 13, 2023, and ending January 27, 2023. • Staff reviewed the proposal submissions, conducted interviews with the top firms, and recommends approval of a contract with Kiley & Associates, LLC as the City's federal lobbyist (Attachment 1). FISCAL IMPACT The annual cost is not -to -exceed $42,000 per year ($3,500 monthly). The total contract cost is not -to -exceed $136,500 for the initial contract term of three (3) months in the current fiscal year and subsequent three (3) fiscal years for a total of thirty-nine (39) months. An optional extension of one term for two (2) years is available, with the same terms of the annual not to -exceed amount of $42,000 per year ($3,500 monthly), totaling $84,000. Funds are available in the General Fund budget (101-1002-60101, Contract Services, Administrative). Cost summary for the services are as follows: FISCAL YEAR I MONTHLY BASE I ANNUAL BASE 2022/2023 $3,500 1 $10,500 2023/2024 $3,500 1 $42,000 185 2024/2025 $3,500 $42,000 2025/2026 $3,500 $42,000 INITIAL 39-MONTH TERM TOTAL $136,500 2026/2027 $3,500 $42,000 2027/2028 $3,500 $42,000 2-YEAR EXTENSION TOTAL (OPTIONAL) CONTRACT NOT -TO -EXCEED TOTAL (WITH OPTIONAL EXTENSION) BACKGROUND/ANALYSIS $84,000 $220,500 In January 2023, the City issued an RFP to identify a strategic partner that would bolster federal legislative advocacy efforts, identify and assist the City in obtaining federal funding for City programs and projects, and coordinate opportunities for City leaders to meet with federal legislators and agency staff in Washington, D.C. and locally. Staff evaluated proposals based on experience and qualifications, conducted interviews with the top firms and recommends Kiley & Associates, LLC as the City's federal lobbyist. Upon the Council's approval, the initial term of this agreement would begin April 3, 2023, and expire on June 30, 2026, with an option to renew for an additional two (2) years. The agreement can be terminated at any time with a 30-day written notice. .LTERNATIVES Council may elect to not approve this agreement. However, staff does not recommend this alternative due to the immediate need for these services and the excellent services expected from this firm. Prepared by: Jeremy Griffin, Management Specialist Approved by: Gilbert Villalpando, Director Attachment: 1. Agreement for Contract Services 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 KILEY & ASSOCIATES, LLC, a Limited Liability Corporation ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to federal lobbyist services, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, 187 and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. _2_ 188 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 Forty -Two Thousand Dollars ($42,000.00) 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 reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the -3- 189 Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on April 3, 2023, and terminate on June 30, 2026 ("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_ 190 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) Gregory Kiley, President — Kiley & Associates, LLC Tel No. (202) 544-6897 Email: GKiley@KileyAssociates.org (b) Kimberly VanWyhe, Vice President — Kiley & Associates, LLC Tel No. (917) 678-0130 Email: KVanWyhe@KileyAssociates.org It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as the City Manager or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. _6_ 192 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and -7- 193 enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. _g 194 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long -g 195 as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services -10- 196 authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: To Contracting Party: CITY OF LA QUINTA KILEY & ASSOCIATES, LLC Attention: Gilbert Villalpando Attention: Gregory Kiley 78495 Calle Tampico 636 North Carolina Avenue, SE La Quinta, California 92253 Washington, D.C. 20003 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. -12- 198 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California KILEY & ASSOCIATES, LLC a Limited Liability Corporation GREGORY KILEY President Dated: KIMBERLY VANWYHE Vice President Dated: -14- 200 Exhibit A Scope of Services Services to be Provided: The Contracting Party will collaborate with the City to help develop its federal legislative priorities. This partnership will include the following services: Onboarding. This is an extremely important element of our engagement with our city clients. Our first action with a new client is an in-depth meeting to understand the needs of the City. We work the City Manager's office and department heads to establish priorities, goals and a tailored scope of work to help our clients meet their legislative goals. • Raising the City's profile with the Federal House and Senate delegation, Federal Agencies, and the Biden Administration. • Tracking all federal bills that impact the City. Further, when an important bill is being heard in committee, we have our staff in the committee room. If needed, we can provide testimony and meet in the offices of the committee staff and Members to advocate the City's position. • At the federal level, we will provide the City with a monthly written report of legislative activity. Further, we regularly provide federal updates as Congress works on issues that impact our clients. We also will appear before the City Council for federal updates whenever requested. • In Washington, D.C., we actively monitor bills and actions that impact cities and residents. We provide updates as soon as Congressional Leadership and the White House act. This active presence is something we strive for daily to help our clients reach their goals. • Conduct an annual review with City staff to ensure the legislative goals of the City and Council are met. • We are transparent, ethical and customer service oriented. We are proud that clients think of us as an integral part of their business, capable of delivering the services they need when they need them. We often think of our firm as an extension of City staff and an integral part of your Washington, D.C. team. • Assisting the City's interests by changing laws or federal/state regulations as necessary. • Coordinating with the dedicated day-to-day points of contact on identifying and refining the City's top project and policy priorities for their legislative agenda (i.e. securing federal money for drainage projects, roadway expansion, park projects, street repairs, tourism, public safety, and electric power). Exhibit A Page 1 of 6 Last revised summer 2�61 • Target key allies and influential lawmakers, Congressional committees, White House policy makers as we advocate for the City. • Coordinating with the City to engage on Federal Community Project Funding Programs processes for federal funding. • Regularly updating the City on Federal grant opportunities and issues that are pertinent to the City's legislative priorities. • Representing the City at Executive Branch meetings and hearings in Washington, D.C. • Tracking news articles and press releases on issues that will impact local governments and the City. • Coordinating an annual trip for City elected officials and staff to Washington, D.C. to meet with and/or brief the Congressional delegation, White House officials, and key staff in the federal agencies. • Helping with issues that have a federal nexus, which include providing comments on federal regulations; connecting local officials to federal agency professionals; and providing our expertise on funding programs, grant applications, and other legislative and agency opportunities. • Engaging regularly with coalitions such as the National League of Cities and the United States Conference of Mayors on behalf of the City. Also assisting with the League of California Cities on issues when there is a federal overlap. • Work with the City to identify federal funding opportunities and provide advocacy letters for federal related matters whenever necessary. • Utilizing our vast prior expertise in economic development, work with the City to identify, prioritize and explore growth opportunities for the City and its residents. • Create a federal schedule for legislative affairs, work closely with the City on federal legislative priorities and assist the City by filing for all lobbyist compliance requirements. • On public safety, support efforts through federal departments and agencies, and relevant Congressional committees to increase public safety within the City. Facilitate engagement with U.S. Department of Justice Liaison Office and the City. Exhibit A Page 2 of 6 202 • In the area of public utilities, work with relevant Congressional committees — energy, water, electricity and biosolids to enhance City capabilities and capacities. Support monitoring Army Corps of Engineers projects. Support efforts and work with federal partners to maintain City's statewide water conservation targets. • In transportation and infrastructure, work with relevant Congressional committees and federal agencies to bolster the City's parks, electric power and transportation infrastructure. Exhibit A Page 3 of 6 203 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, Exhibit A Page 4of6 204 its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. Exhibit A Page 5 of 6 205 (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A Page 6 of 6 206 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 annually to Contracting Party under this Agreement is not to exceed Forty -Two Thousand Dollars ($42,000.00) ("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. The annual cost is not -to -exceed $42,000 per year ($3,500 monthly). The total contract cost is not -to -exceed $136,500 for the initial contract term of three (3) months in the current fiscal year and subsequent three (3) fiscal years for a total of thirty-nine (39) months. An optional extension of one term for two (2) years is available, with the same terms of the annual not to -exceed amount of $42,000 per year ($3,500 monthly), totaling $84,000. Funds are available in the General Fund budget (101-1002-60101, Contract Services, Administrative). Cost summary for the services are as follows: FISCAL YEAR MONTHLY BASE I ANNUAL BASE 2022/2023 $3,500 $10,500 2023/2024 $3,500 $42,000 2024/2025 $3,500 $42,000 2025/2026 $3,500 $42,000 INITIAL 39-MONTH TERM TOTAL $136,500 2026/2027 $3,500 $42,000 2027/2028 $3,500 $42,000 2-YEAR EXTENSION TOTAL (OPTIONAL) $84,000 CONTRACT NOT -TO -EXCEED TOTAL $220,500 (WITH OPTIONAL EXTENSION) Exhibit B Page 1of1 207 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit C Page 1 of 1 208 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 209 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 Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability/Technology Errors and Omissions Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. 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 Exhibit E Page 1 of 6 210 indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. Exhibit E Page 2 of 6 211 If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights Exhibit E Page 3 of 6 212 against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not Exhibit E Page 4of6 213 allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a Exhibit E Page 5 of 6 214 given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit E Page 6of6 215 Exhibit F Indemnification F.1 Indemnitv for the Benefit of Ci a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. C. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. Exhibit F Page 1 of 2 216 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. Exhibit F Page 2of2 217 218 BUSINESS SESSION ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: STAFF REPORT AGENDA TITLE: AUTHORIZE A MEMBER OF THE CITY COUNCIL TO ISSUE A LETTER OF CONCERN TO REINSTATE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT SCHOOL RESOURCE OFFICERS AT COACHELLA VALLEY UNIFIED SCHOOL DISTRICT SCHOOLS RECOMMENDATION Authorize a Member of the City Council to issue a letter of concern to reinstate Riverside County Sheriff's Department Resource School Officers at Coachella Valley Unified School District schools. EXECUTIVE SUMMARY • Over the last 4 months Riverside County Sheriff's Department (RCSD) Deputies have responded to 10 incidents of school violent threats at various Coachella Valley Unified School District (CVUSD) schools, which have jeopardized student and staff safety; parents and students are demanding improved safety measures. • School Resource Officers (SRO) can help prevent and mitigate safety incidents as they work closely with school staff, students, parents, and the RCSD to provide a safe learning environment for local schools. FISCAL IMPACT — None. BACKGROUND/ANALYSIS Between November 2022 and February 2023, RCSD Deputies have responded to 10 incidents of school violent threats at various CVUSD schools. Students and parents are demanding improved safety measures and urging CVUSD to return SROs to the schools in an effort to provide protection from violence and possible weapons being brought to school by students. CVUSD Board voted to remove SROs from its schools in 2018 in favor of a "restorative justice model." The community expressed its safety concerns at the February 23, 2023, CVUSD Board meeting where many students attended in protest of these incidents and lack of safety measures; as well as by hundreds of CVUSD students who walked out of class in protest on Monday, February 27, 2023. 219 Implementing SROs into school districts is a standard practice with other local districts. Since 2003, Desert Sands Unified School District and La Quinta have partnered to share the cost of SROs. SROs work closely with school staff, students, parents, and the RCSD to provide a safe learning environment at local schools. La Quinta residents located south of Avenue 48 and east of Jefferson are within CVUSD service boundaries depicted in CVUSD area map (Attachment 2). A. r1ILl. '14 La Quinta ALTERNATIVES Council may elect not to issue a letter of concern. Attachment: 1. CVUSD Boundary Map 220 ATTACHMENT 1 IRm O f1 E Ce5ia' hES ValIIe DeV5oLES_- . i d John.Ke Il ey-ES A -W-n: e, ashua Trey National F. t Sea VI �A al tors 221 222 t(.VQ�� DEPARTMENTAL REPORT ITEM NO. 4 GEM oftbe DESERT — COMMUNITY RESOURCES QUARTERLY REPORT Code Compliance / Animal Control October 1 -December 31, 2022 Site Inspections* 790 809 722 743 653 750 714 542 635 609 599 568 519 630 684 604 587 533525 439 391 1496 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 2021 2022 594 434 Dec *Site inspections are required to confirm violations and regular code complaints (e.g., trash containers, landscaping, property maintenance issues, etc.). Administrative Citations 1 ■ Business License ■ Zoning ■ Animal Control ■ Vehicle Issues ■ Building Code ■ STVRs ■ Property Maintenance Hearing Types • 3 Administrative Hearings • 1 Administrative Appeal Superior Court Quarter Highlights: • $36,000 in administrative citations were paid this quarter • $19,000 in back transient occupancy tax (TOT), that Code Officers assisted in collecting. Before and After: Landscape case False Alarms False Alarms • $137,977 in fees collected to date 2397 2062 . City Staff outreach to businesses 1725 1711 1579 with multiple false alarms. • Number of false alarms continue to decrease year by year. To date, false alarms have decreased a total of 34.1 % compared to 2018 2018 2019 2020 2021 2022 A false alarm means the activation of a security alarm system necessitating response by peace officers when an emergency does not exist. A service fee is due to the city after an excessive number of false alarms (defined as three or more false alarms) within a one-year period have been received from a particular business, residence or property. Animal Control Update Impounds ■ Confiscated ■ Adoption Return ■ Stray -Dead ■ Stray 1 F2 ■ Stray -Known Wait Owner Surrendered ■ Foster Return Riverside County Animal Services Outcomes ■ Euthanized Untreatable ■ Euthanized Treatable ■ RCDAS Community Cat Program Return to Owner ■ Transfer Adoption Partner ■ In Foster Home ■ Adoption Department of Animal Services — Coachella Campus has walk-in hours from 10 a.m. to 4 p.m. In the event of a pet emergency, animal control question, or if you are interested in adopting, fostering or rescuing, please call 951-358-7387. Potential adopters, fosters, or resources can also send an email to shelterinfo@rivco.org or visit their website at: https://www.rcdas.org/. 224 Social Services & Community Programs October 1 - December 31, 2022 Wellness Center, FIND Food Distribution, Fritz Burns Pool, & Sports • Distributed 32,285 pounds of food (food packages/boxes of dry goods and produce) to 995 persons at Coral Mountain, Hadley Villas, Vista Dunes, Washington Street Apartments, and Wolff Waters; FIND provided mobile pantries for food distribution five times per month at La Quinta High School and La Quinta Community Fitness Center & Park. • Desert Recreation District (DRD) served 982 participants (660 for open/lap swim; 178 Water Aerobics; 18 Aqua Fit; 85 Senior Splash; 41 Floating Pumpkin Patch event) at Fritz Burns Pool programs/classes. • Wellness Center provided fitness & recreation programs to 6,965 participants/fitness members (6,419 fitness gym participants; 546 program participants for Gentle Yoga, Essential Fitness, Mat Pilates, Tai Chi, Ballroom Dance, Pickleball 101, Monday Matinee Movies, Chuck Jones Center Workshop, Social Bridge, Mah Jongg, Ukulele, and Quilting for Good Times). Social service offerings such as the Riverside County Warm Center, LiHeap — Riverside County Community Action program, and Curative COVID-19 testing were available to the public. • Youth sports programs had 32,168 total participants (players, spectators, coaches) for AYSO (soccer — 23,250), Friday Night Lights (flag football — 3,445), and La Quinta Youth Sports Association (baseball — 5,473). Practices and league games are held at La Quinta Park, Colonel Mitchell Paige Middle School, and the La Quinta Sports Complex. La Quinta High School Baseball also practiced at the Sports Complex this quarter due to their baseball fields being renovated. • Open Court Time basketball and volleyball programs, a City of La Quinta's partnership with Desert Recreation District, had a total of 271 participants at the La Quinta Boys & Girls Club Gym. rJ • Library/Creation Station (Makerspace) October 1 - December 31, 2022 • Attendance: 20,000 persons visited and participated in various programs; 40,800+ items were circulated. • Events: Festival of Frights, CryptoZoo Walk Thru, Cryptid Art Contest, and Digital Escape Room. • Programs: Baby/Toddler/Preschool Storytimes; Tween Doggy Tales (partnership with Animal Samaritans/Animal Companion Therapy Program); Chess Club; Sensory Hour; SOS: Something on Saturday Family Programming; Teen Anime Zone; Impulse Affirmation; Teen Game Night; Graphic Novel Club; Read the World; Readers Club; Page Turners Book Club; and BYOB: Bring Your Own Baby Book Club for adults with babies. J. YH iPAY'. flC'USEI 14 � FA3PA Y, UCTfl •EI 1� ik_�131 Ln �w 4w ep�lul• e Lad_. n.1n1 yod7 p.71aw r • u�roa, .x r HAY STH G R A ITS k^ Am " �fi00iy r-' - j 1 •+��� M f� � - � 1 MAKERSPACE v ` CAMP R i0221 kGE= 7 17 :55;Jnit Fe ,�1en i. LA FM 100 LMF fspin: @6Df [r. _ uFEVEsrmh - �£'ir#_far ry xhl IN- • Attendance: 500 people participated in various programs/services. • Memberships- 13 new memberships-, 52 active memberships. • Programs: MakerCraft (Jack-o'-Lanterns, Not -Sew -Scary mini pillows, Vintage Motel Keychains, Harvest Faire Crafts, Unusual Holiday Movie Ornaments, Upcycled Paper Snowman, Holiday Craft Leftovers), Friction Kitchen (Churros & Dulce de Leche dip, Fried Green Tomatoes, and Makin' Bacon Pancakes), Paint with Michele (Cato de Dia de los Muertos, God of Egypt Bastet, and Petroglyphic Cat) , MakerSpace Camps (Crochet 226 Baskets and Electronics- Fairy -Light Mirror Cutie), and Gingerbread Contest. Museum October 1 - December 31, 2022 • Attendance: 1,700+ visitors/participants. • Exhibits: The Ranges Between: Lincoln's Scout, Making a City, and Dia de Muertas Mini Altars. • Events: Music in the Museum, Lincoln's Scout reception, Franklin Elementary field trip, annual Casita Lighting, group tours and lectures. • Programs: Good Reads in the Gallery and La Sobremesa Book Clubs, STITCH Fiber Arts Club, TED Talk Discussion, Take a Break with Huell, Genealogy Club and Sketchbook Journaling. • Social Media Promotion: Friday Fun Facts and Exhibit Content is shared via social media with Facebook, Twitter, Instagram, and YouTube subscribers. Community Events Veterans Recognition Ceremony @ Civic Center Courtyard • The Veterans Recognition Ceremony was held on Friday, November 11, to honor and recognize 19 veterans and former honorees in the branches of the United States Air Force, Army, Coast Guard, Marines, and Navy. • Gold Star Family recognition to honor Staff Sgt. James Perez, US Army and Cpl. Hunter Lopez, US Marine Corps. • Col. Howard Thompson, retired US Army, was the guest speaker along with musical performances from Doug Hassett and the La Quinta High School Wind Ensemble. • A flyover was provided by the Palm Springs Air Museum, American flag quilts provided by the Ophelia Project, and the presentation of colors provided by BSA Scout Troops 1701 and 451. • A Fallen Solider Table was displayed throughout November at the La Quinta Museum to honor those who are no longer with us. • A newly installed flag retirement box, located in the south parking lot of City Hall, is available for residents to properly discard their worn U.S. flags. 228 Community Events Tree Lighting Ceremony @ Civic Center Campus • The annual Tree Lighting Ceremony was held on Friday, December 2. Mayor and Councilmembers provided holiday greetings and counted down the light of the Christmas Tree. • Santa Claus was available for Instagram photos in front of the tree and live performances were provided by Natasha Terrell; Dance, Play, & Pretend and Beginning Ballet; La Quinta High School Wind Symphony; and Ballet Folklorico Sol Del Desierto. • Too Tall Tomm handed out candy canes, the Grinch and Frozen's Elsa and Anna greeted participants and were available for pictures at the photo booth; and a Letter to Santa station was available for all participants to write down requests for the holiday season. • Holiday gift bags with toys and treats were provided to children in attendance. 229 • The Holiday Train provided rides for children and families through the park. Community Events Concert in the Park Series @ SilverRock Park • Fake Matthews Band, celebrating the music of the Dave Matthews Band, performed on Saturday, November 19 from 5:30-8:30 p.m. • Approximately 400+ persons in attendance. • City staff provided information and giveaways and food trucks were available to participants. 230 X Park October 1 - December 31, 2022 • Attendance: 4,642 residents and 4,036 non-residents used the park this quarter. • Total Memberships: 195 memberships sold (130 resident and 65 non-resident). • Programs: California Amateur Skateboard League (skateboarding contest); Fivestar Fridays (community skate jam, local best trick jam, and skateboarding best trick); Quad Skating Night (local skate jam); Thanksgiving Skate Camp; Christmas Skate Camp (2 sessions); Lucky Pro Scooters (demo and contest); Ride CV BMX Jam( with long jump and bunny hop contests); and Quad skating clinic and session. • Events: La Quinta X Park Grand Opening (New Balance Pro Team & Power Peralta guests); Hot Wheels x Nitro Circus Super Chargers (skate, BMX, and scooter contest series); and El Gato Classic Legends of Skateboarding. 231 232 t(V QU I � ( r(4j DEPARTMENTAL REPORT ITEM NO. 8 GEM oftbe DESERT — LA QUINTA SHERIFF'S STATION QUARTERLY REPORT Statistics 6.2 6.6 5.7 Priority 1: Average Response 22 26 30 Priority 1: Calls for Service Average Response Time 27.7 27.4 23.1 14.8 13.8 17.2 Priority 2: Average Priority 3: Average Response Response ■ October November December Number of Calls for Service 524 432 428 400 378 423 Priority 2: Calls for Priority 3: Calls for Service Service October November December 33.1 35.8 30.5 Priority 4: Average Response 202 190 220 Priority 4: Calls for Service Priority 1 — Involve circumstances that pose a clearly defined threat to human life or property; Priority 2 — Involve circumstances of an urgent but not life -threatening nature (e.g. minor assaults and batteries); Priority 3 — Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace); Priority 4 — Incidents occurring in the past or "cold" calls. 233 Crime Statistics 70 70 68 12 8 0 0 1 0 0 0 0 Rape Homicide Aggravated Larceny Assault September Actions by Teams: Special Enforcement Team & Business District • Actions:498 • Property Recovered: $812.59 • Narcotics Seized: Meth 7.7 g Traffic Team • Actions:877 Community Service Officers & Crime Prevention Specialists • Actions: 1,089 School Resource Officers • Actions:78 12 19 17 15 14 3 1 1 2 6 3 7 Robbery Burglary Vehicle Simple Theft Assault October November Gang Task Force • Actions in La Quinta: 8 • Recovered Firearms: 0 • Narcotics Seized: Meth 7.1 g Citizens on Patrol • Actions:5 • Hours Donated: 419.75 hours Public Safety Camera System Statistics Public Safety Camera System (PSCS) went live on September 20, 2021, since then, La Quinta Sheriff's Department (LQSD) and city staff have been using the system to monitor city property, traffic accidents, traffic flow, police investigations and managing special events. System Statistics: • 238 videos related to police investigations have been queried. • Of those queried, 61 videos related to police investigations have been exported. • Special events managed: • Alpha Win Triathlon (October) • La Quinta Art Celebration (November) • Ironman 2022 (December) • No businesses have opted out of the PSCS. Significant Incident Involving the PSCS: On November 26, 2022, there was a fatal traffic collision involving a bicyclist and vehicle on Eisenhower and Coachella, which was caught on PSCS. Police were able to use the video as definitive evidence to charge the driver with vehicular manslaughter. 234 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT CHAD BIANCO, SHERIFF TO: City Manager Jon McMillen FROM: Lt. Andy Martinez SUBJECT: CSO Pilot Program Update Background DATE: 02/09/2023 In June of 2020, La Quinta City Council heard a presentation from the Riverside County Sheriff's Department's Research & Development (R&D) Team who presented a staffing deployment strategy intended to yield a police services cost savings and efficient deployment of resources to meet the specific needs of La Quinta. During this presentation and based on FY 18/19 data, it was said that deputies and CSO's handled 93.60% and 6.40% of community generated calls for service, respectively. In December of 2020, La Quinta City Council voted to reduce the daily police contract Daily Patrol Hours (DPH) hours from 135 to 130 and re -task one CSO from a Traffic Assignment to Patrol as a pilot program, which became effective in January of 2021. Staffing During this review period, deputy staffing was distributed across two shifts, Dayshift (6AM — 6PM), and Nightshift (6PM—AM). At the contract level of 130 daily hours, shifts are staffed with 6 and 5 deputies on Dayshift and Nightshift, respectively. The current police services contract includes a total of 6 CSO, 5 of which are assigned to patrol and 1 to Crime Prevention and Community Services. Patrol CSO's are currently only authorized a 4/10 schedule, working 4 days per week, 10-hour shifts. 2 CSO's split the week on night shift, working 5PM to 3AM. 3 CSO's split the week on Dayshift; 2 working Sunday -Wednesday and 1 working Wednesday - Saturday (7AM-5PM). Results To measure results, Calls For Service (CFS) during calendar years 2018, 2019, 2020, 2021 and 2022 were evaluated. A significant effort was made to duplicate the calculations used by the Matrix Group and Sheriff's R&D for consistency in reporting, but due to minor variances these results do vary by approximalty 5%. The following is a summary of results. 1 235 Measure of Deputy Proactive Time (Community CFS Onlv) Total CFS Deputy CSO Proactive Time % Change 18/19 av 2018 Community CFS 16,580 15,494 1,086 61.6% 2019 Community CFS 16,000 15,022 978 63.2% 2020 Community CFS 14,952 14,137 815 66.0% +3.6% 2021 Community CFS 15,072 13,873 1,199 64.3% +1.9% 2022 Community CFS 14,460 13,138 1,322 64.8% +2.4% Measure of Total Dennty Proactive Time (Community CFS + Self Initiated Activitv) Total Activity Deputy CSO Proactive Time % Change 2018 2018 All Activity 27,020 24,956 2,064 52.2% 2019 All Activity 29,067 26,061 1,886 51.6% - .6% 2020 All Activity 28,773 24,157 2,226 52.8% + .6% 2021 All Activity 24,757 20,634 3,300 53.7% +1.5% 2022 All Activity 26,422 21,667 2,574 53.3% +1.3% CSO & DeUuty — Average Resuonse/Handlin2 Time Travel Time Response Time* Time on Scene Total Avg Time 2018 Avg. Respose Time 13:53 23:51 33:52 0:49:44 2019 Avg. Respose Time 14:04 23:28 32:52 0:49:03 2020 Avg. Respose Time 12:55 21:33 33:14 0:48:25 2021 Avg. Respose Time 15:41 28:37 37:36 0:55:47 2022 Avg. Respose Time 16:52 29:41 42:22 1:04:01 *Response Time is a product of Travel Time plus Dispcath Handling Time (not shown) and most meanigful to community callers. As a result of this pilot program and considering the reduction in staffing (135 to 130 DPH) deputies gained 2.4% in proactive time as compared to the FY 18/19 average. CSO's handled 9.1% of CFS in 2022 as compared to 6.4% reported for FY 18/19 by Sheriff's R&D. Also worth noting, during 2022 CSO's were responsible for 16.4% of all patrol activity as compared to 7.1% in 2018. During this review, it was also determined that patrol deputies are assigned about 68% of calls that are qualified for a CSO. Since most shifts (with the exception of Sun -Wed Day Shift) are only staffed with one CSO, there may not always be a CSO available to respond and in an effort to manage response times, calls are being handled by deputies. Andy Martinez 2 236 Cu a�K��//!! �� DEPARTMENTAL REPORT ITEM NO. 9 NW GEM oftbe DESERT -- FIRE DEPARTMENT QUARTERLY REPORT Incident Response Activity Incident. - Medical 1,032 False Alarm 126 Public Service Assistance 97 Traffic Collision 72 Standby 13 Other Fire 6 Residential Fire 3 Vehicle Fire 0 Rescue 3 Ringing Alarm 7 Other Miscellaneous 3 Hazardous Materials 2 Commercial Fire 0 Multi -Family Dwelling Fire 1 Wildland Fire 2 Incident Total In La Quinta 1,367 Average Enroute to On -Scene Time <5 Minutes F«E 567 of Q-A. +10 Minutes aAverage Min ",a +5 Minutes ",FIRE 313 of P1- +20 Minutes a %Oto5Min ",a Enroute Time: When a unit has been acknowledged as responding. On -scene Time: When a unit has been acknowledged as being on -scene. Automatic Aid LQ Resources Responding in LQ 11271 LQ Resources Aiding Other 769 Jurisdictions Resources Aiding LQ 459 237 For this quarter, Truck 86 recorded 28 responses and Truck 33 had 10 responses in the City of La Quinta. 1 4th Quarter Statistics — Office of the Fire Marshal: • Development Plan Reviews — 127 • Planning Case Reviews — 15 • Construction inspections — 670 (54% increase from Q4 2021) • Facility Inspections — 191 Plan Reviews: • Major Development Plans — The Peak - Multi -use • TI Plans — WDC Kitchen Warehouse, Urban Oazis, Enzo's Addition, Home Depot Tool Rental Center, Longhorn Steakhouse, RD RNNR, Panera Bread, Boba Shop • Master Home Fire Sprinkler Plans — Palo Verde • Special Event — New York Life @ LQRR, Alpha Win Triathlon, Mery Griffin Wedding with Fireworks, Tradition Fireworks, Rancho La Quinta Fireworks, Andalusia Fireworks, Halum Real Estate Event @ LQRR, Urquhart Wedding Tent, El Gato Classic, Summit Series @ LQRR, Amgen @ LQRR, La Quinta Art Celebration. Construction Inspections: • New Construction/Tenant Improvements — Target, Panera, WeIBeHealth, Solterra Clubhouse, La Quinta Country Club, El Patio Restaurant, Crumble Cookie • Tract Home Development Inspections — Andalusia, Cantera, Signature, Jewel @ PGA, Coral Mountain @ PGA, Stone Creek Ranch, Capistrano, Bella & Rancho Santana, Point Happy, Solterra, Rancho Santana, Lion's Gate, Palo Verde • Custom Home Development Inspections — Madison Club, Hideaway, Traditions, Quarry, Cove Community. Facility Inspections: • State Fire Marshal Mandated Annual Inspections: Fire Systems Inspector Leilani Rojas began the FY22/23 initial annual inspections, beginning with the school facilities within the City. FSI Rojas continues to follow-up on the facilities still pending compliance. • Fire Code Complaint Inspections were conducted on the following facilities: Med Post Urgent Care, Peninsula Park HOA, PGA Nicklaus Clubhouse, Rubio Home, Corporate Center Business Park. On October 8, 2022, CALFIRE /Riverside County Fire and the City of La Quinta responded to a reported bathroom fire at a single-family home. First arriving company officer reported a fire in the ceiling of the residence. Crews quickly contained the fire to the bathroom ceiling, surrounding a ventilation fan. Due to damage to the electrical wiring, power was disconnected by IID resulting in the displacement of three adults and one infant, however the family was able to find alternative shelter. No injuries to civilians or firefighters were reported. 238 On October 15, 2022, CAL FIRE/Riverside County Fire Department resources were dispatched to a reported public assist for flooding at a four -unit apartment building located on Avenida Navarro in the City of La Quinta. The first unit on scene reported active flooding inside Unit A on the first floor. Water was dripping from the ceiling, flooding several rooms inside the unit. After the water was removed, Red Cross was contacted to assist two elderly females that lived in the unit due to additional rain expected throughout the night. The property management company was on scene but was unable to provide financial assistance. No other units were involved. The Building Department of La Quinta was notified of the incident. No reported injuries to fire personnel or civilians. On October 28, 2022, CAL FIRE / Riverside County responded to reports of a structure fire in the City of La Quinta with a report of victims trapped. The first arriving unit reported light smoke from the eaves. RSO Deputy arrived at scene at the same time as the first arriving unit and conducted a victim rescue. The victim was transported to JFK Hospital with moderate injuries. Fire personnel were able to contain the fire to the kitchen area of the house. There were no injuries to fire personnel on this incident. On December 20, 2022, CAL FIRE/Riverside County Fire Department units responded to a medical emergency call with a juvenile male that sustained burn injuries. The first unit on scene found one juvenile male suffering second degree burns to 7% of his body from playing with a lighter. Fire personnel provided ALS care and the patient was transported by AMR to a local hospital for further treatment. The incident was turned over to RSO for further investigation due to the burn injury and the juvenile not having adult supervision at the time of the incident. There were no additional civilian or firefighter injuries. 239 240 REPORTS AND INFORMATIONAL ITEM NO. 27 A. QpLN{ SAP .y V N �%bRASE9 �� w . c'Q`IFORN`� Pol INTERNATIONAL AIRPdRT �, ` REVISED AND REPOSTED ON DECEMBER 16, 2022 AIRPORT COMMISSION MEETING AGENDA Wednesday, December 21, 2022 - 5:30 P.M. Pursuant to Assembly Bill 361, this meeting will be conducted by teleconference and there will be no in -person public access to the meeting location. Submit your public comment to the Airport Commission electronically. Material may be emailed to: Christina. brown(c�palmspringsca.gov - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record. To observe the meeting or to provide public comments at the meeting, please use the following link https://us02web.zoom.us/i/86019815290?pwd=ZitOZDlyeGZhNUNEQTVkU29nTUdPdzO9 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916 City of Palm Springs: Riverside County: Paul Slama City of Cathedral City: Vacant City of Palm Desert: Kevin Wiseman Aftab Dada - Chair David Feltman Kevin J. Corcoran Vice Chair Ken Hedrick City of Indian Wells: Paul Budilo City of Coachella: Gabriel Martin City of Rancho Mirage: Thomas Weil Gerald Adams Scott G. Miller Patricia Breslin John Payne City of La Quinta: Kathleen Hughes City of Desert Hot Springs: Jan Pye City of Indio: Jhan Schmitz Todd Burke M. Guillermo Suero Palm Springs City Staff Teresa Gallavan Harry Barrett Jr., A.A.E. Jeremy Keating Interim City Manager Airport Executive Director Assistant Airport Director 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE 2. POSTING OF AGENDA 3. ROLL CALL 4. ACCEPTANCE OF AGENDA 5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission 6. APPROVAL OF MINUTES: Minutes of the Airport Commission Special Meetings of September 28, 2022 and October 6, 2022 241 Airport Commission Meeting Agenda December 21, 2022 — Page 2 7. INTRODUCTIONS AND PRESENTATIONS 7.A Riverside County Appointed Commissioner 7.113 Assistant Airport Director 8. DISCUSSION AND ACTION ITEMS: 8.A Airport Art Tour Update 8.113 Palm Springs Art Museum Artwork Loan Extension 8.0 Palm Springs Air Museum Expansion 8.11) Operations, Properties and Facilities Committee Update 8.E Formation of Ad Hoc Design Review Committee 8.F Formation of Ad Hoc Master Plan Review Committee 8.G 2023 Airport Commission Meetings 8.11-11 Marketing Update 8.1 Financial Summary Update 8.J Projects and Airport Capital Improvement Program Update 9. COMMISSIONERS REQUESTS AND REPORTS 10. REPORT OF COUNCIL ACTIONS: 10.A Past City Council Actions 10.113 Future City Council Actions 11. RECEIVE AND FILE: 11.A Airline Activity Report November 2022 11.113 Airline Activity Report Fiscal Year Comparison 11.0 Airlines Schedules January 2023 12. COMMITTEES: 12.A Future Committee Meetings ADJOURNMENT: The Airport Commission will adjourn to a Regular Meeting on January 18, 2023, at 5:30 P.M. 242 Airport Commission Meeting Agenda December 21, 2022 — Page 3 AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on December 15, 2022, in accordance with established policies and procedures. PUBLIC NOTICES Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City's website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at 760 323-8204. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 243 Palm Springs Airport Commission Report — December 21, 2022 Meeting Public Comments - None Introductions & Presentations: New Riverside Country Representative — Paul Slama from Tribal Headquarters Cabazon Band of Indians and various other valley boards and new Assistant Airport Director — Jeremy Keating formally from Arizona — 25 years as private pilot and transitioned into airport management. Teresa Gallavan is still acting as Palm Springs City Manager. Discussion and Action Items: Airport Art Tour — Gary Armstrong of PS Art Museum along with airport staff identified which art was donated to the city but not specifically to the airport or its location. Goal is to identify best location for airport collection and discuss care and handling of each piece. Palm Springs Art Museum Artwork Loan Extension —Jay Varata, Community & Economic Development Director for the museum states that an extension for 5 additional years for 7 pieces of art. They will also rotate art and supplement the collection. Some pieces were deemed too small and the museum will speak to the artists about enhancing a piece to make more impact. The City of PS provides the insurance on the art. Palm Springs Air Museum Expansion — Fred Bell spoke on behalf of air museum and discussed the $3million expansion as well as rebuilding the front end of the museum and updating restrooms. The expansion will extend 2.5 acres to the south. Visitation is heavy and 21% more than last year. Operations, Properties and Facilities Committee Update — New concessions will make a presentation on Feb. 23rd. A week prior to Thanksgiving the Overflow Parking Lot opened. The lots have been 84% full and utilizing two shuttles to transfer passengers and their luggage to the terminal. Signage needs to be improved. The baggage handling system (approved by a former Airport Executive Director with no consultation with the airport commission) has not worked as had been anticipated. The cost is projected to be $20 million for a new system. The city attorney is evaluating options that the airport may have. Formation of Ad Hoc Design Review Committee — Paradies and Marshall (the two concession companies winning the airport contracts) will be reviewed by Aftab Dada, David Feltman, Kevin Corcoran, Kevin Wiseman, John Payne and Todd Burke Formation of Ad Hoc Master Plan Review Committee- Afab Dada, Ken Hedrick, Scott Miller and Kevin Corcoran 2023 Airport Commission Meetings — Afab Dada, the commission Chair, made the motion that the airport commission only meet 5 times a year. This motion was met with severe opposition by several airport commissioners who feel more meetings and more sub -committees need to be created. Afab stated that these meetings consume a lot of time from the airport staff and take them away from their responsibilities. They are not the best use of their time. One commissioner proclaimed that airport staff have proven not capable of making sound decisions and used the 244 baggage claim system as an example. Because it was becoming very heated, this will not be an agenda item to discuss in January. More drama is sure to follow.... Marketing Update: Marketing Director on vacation so his report was written and presented at the meeting. November set a new record of 17.4 % over previous year. Travel for Christmas is anticipated to be up 5% to 2021. Over 5400 additional departing seats compared to 2021 from 12/21 to 12/26. Logo update provided new options: Consultant took info from over 500 community surveys and stakeholder meeting. More meetings will follow with goal of presentation to City Council in March/April. Financial Summary Update: Victoria Carpenter, Airport Administration Manager stated that the airport budget and actual revenue are holding very close to expectation and all revenues will now increase with December through March anticipated passenger lift. Year to date (through November) emplaned passengers are 47.2% over 2021 and deplaned passengers are 45.7% over 2021. Rental cars will also escalate dramatically over the next four months including December and this is a major revenue stream for the airport. Federal Grants are closely monitored and the CARES grant for COVID with over $11 million will expire in May 2024. All other current grants expire in 2025-2027. The staff is always searching for grants to apply for to improve the airport. Projects and Airport Capital Improvement Program Update — three points were discussed: 1. Update on the subject of airlines — insurance and baggage handling with anticipated update end of January 2. WIFI — IT Manager for City of PS has been contacted who there are also issues of weak WIFI at City Hall. Airport has received complaints on this topic. 3. Homeless spending the night at the airport — USO (who closes at 10 pm each night) states they were not aware of homeless issue at airport nor that the homeless were trying to steal bags from the military. Military flights drop off servicemen after 10 pm and many elect to just spend the night at the airport due to early flight in the morning. Hotels offer complimentary rooms based on availability according to Afab, but miliary are nervous about missing a wake-up call, or getting transportation to/from airport. The homeless are using the restrooms and sleeping on chairs or on the floor. The airport commission had been told last summer by former PS City Manager that the airport would not be affected at all by opening the homeless shelter across the street. Obviously, the cold weather is bringing them inside. Commissioners Requests and Reports — None Report of Council Actions - None Next Airport Commission meeting will be a regular meeting on Jan. 18, 2023 at 5:30 pm 245 246 REPORTS AND INFORMATIONAL ITEM NO. 28 o� QALM SA� .� � • Al -y VH INTERNATIONAL AIRPORT AIRPORT COMMISSION MEETING AGENDA cgORN�P Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Wednesday, February 15, 2023 - 5:30 P.M. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in -person public access to the meeting location. To submit your public comment to the Airport Commission electronically. Material may be emailed to: Christina. brown(50almspringsca.gov - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record. This is a hybrid in -person and virtual meeting. To virtually observe the meeting or to virtually provide public comments, please use the following Zoom link https://us02web.zoom.us/i/86019815290?pwd=ZitOZDIVeGZhNUNEQTVkU29nTUdPdzO9 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916 City of Palm Springs: Riverside County: Paul Slama City of Cathedral City: Tony Michaelis City of Palm Desert: Kevin Wiseman Aftab Dada - Chair David Feltman Kevin J. Corcoran Vice Chair Ken Hedrick City of Indian Wells: Paul Budilo City of Coachella: Gabriel Martin City of Rancho Mirage: Vacant Gerald Adams Scott G. Miller Patricia Breslin John Payne City of La Quinta: Kathleen Hughes City of Desert Hot Springs: Jan Pye City of Indio: Jhan Schmitz Todd Burke M. Guillermo Suero Palm Springs City Staff Teresa Gallavan Harry Barrett Jr., A.A.E. Jeremy Keating Interim City Manager Airport Executive Director Assistant Airport Director 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE 2. POSTING OF AGENDA 3. ROLL CALL 4. ACCEPTANCE OF AGENDA 5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission 6. APPROVAL OF MINUTES: Minutes of the Airport Commission Regular Meeting of November 22, 2022 7. INTRODUCTIONS AND PRESENTATIONS 7.A Cathedral City Appointed Commissioner Tony Michaelis 247 Airport Commission Meeting Agenda February 15, 2023 — Page 2 8. DISCUSSION AND ACTION ITEMS: 8.A Working Groups 8.113 USO Update 8.0 Marketing Update 8.11) Ad Hoc Design Review Committee Update 8.E Budget and Finance Committee Update 8.F Airport Mid -Year FY22/23 Budget Update 8.G Airport Staffing Update 8.11­11 Projects and Airport Capital Improvement Program Update 9. EXECUTIVE DIRECTOR REPORT 10. COMMISSIONERS REQUESTS AND REPORTS 11. REPORT OF COUNCIL ACTIONS: 11.A Past City Council Actions 11.113 Future City Council Actions 12. RECEIVE AND FILE: 12.A Airline Activity Report January 2023 12.113 Airline Activity Report Fiscal Year Comparison 13. COMMITTEES: 13.A Future Committee Meetings ADJOURNMENT: The Airport Commission will adjourn to a Special Meeting on February 28, 2023, at 1:00 P.M. 248 Airport Commission Meeting Agenda February 15, 2023 — Page 3 AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on February 9, 2023, in accordance with established policies and procedures. PUBLIC NOTICES Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City's website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 249 Palm Springs Airport Commission Report — February 15, 2022 Meeting Public Comments - None Introductions & Presentations: Introduction of new Cathedral City Commissioner Tony Michaelis. Discussion and Action Items: Working Groups —The airport staff have created a means of how to prioritize their tasks and that of the airport commission committees requests so that one can easily review the status of a topic. I feel the airport staff is intimidated by the demands of the current airport commission. There are 3 bullies that dominate and disrupt the meetings. They are abrasive and not pleasant. They do not understand that the commission reports to City Council and believe the airport should be independent as a federal entity. Unfortunately, the Commission Chairman, Afab Dada is not effective in controlling them and keeping them on topic. The airport staff created the working group concept to protect themselves. Several temporary flights have been added for Coachella USO Update - The airport offered the USO assistance with additional funding for development of a free lodging program and other resources to support and expand their services. The USO responded that it doesn't require being open 24/7 at this time. Marketing Update - The January 2023 total passenger count was 43.9% over 2022. However we must be mindful that COVID/Omicron impacted both January & February 2022. The new airport logo will be presented in April to PS City Council. Ad Hoc Design Review — New menus and design of the latest airport bar and signage is fresh and inviting. It definitely has a PS vibe to it! Airport Staffing Update — The airport is severely understaffed compared to comparable other airports of similar size. This is not new — it has been true since 2021. The airport flights and passengers have increased significantly but the airport staff has not. From 2012 — 2021 the airport had a staff of 80. In 2022 the staff was increased to 92.5 but there are 13 vacancies that need to be filled. By 2024 there should be 114 staff positions. The airport has been challenged with greater than anticipated growth, changing regulations from both the TSA and FAA, our need for data in every department, and a greater need than ever before for public safety. Harry Barrett, the Airport Executive Director, has vision and believes the airport staff needs to grow but not have "overgrowth". He is seeking ways that the airport can share resources and be more efficient. This will be a primary task for him and one that is imperative to get the right individual in the right space. Airport Mid -Year 2022/23 Budget Update - The airport is flourishing due to its steady growth and federal funding received during the pandemic. The most profitable fund is the Customer Facilities which is based on car rentals. The airport gains $9 per day up to 5 days or $45 on every car rental. This has provided a surplus of $767,000 to date at mid -year. Another source of recognition is the General Airport Operations Fund. 250 Highlights from the General Operations Fund are: The General Airport Operations Fund Revenue ended the first two quarters of the fiscal year with total revenue at $25.7 million. This is an increase of 108% from the first two quarters of fiscal year 2022 due to the collection of the Coronavirus Aid, Relief and Economic Security Act (CARES) and the Airport American Rescue Plan Act (ARPA) funds in the second quarter of FY23. Mid -year highlights are presented below: • The Airport received approximately $6.0 million from the CARES Act and approximately $6.0 million from the ARPA Act fund. • On -Airport Car Rental Fees increased by 4%. Car Rental Fees at mid -year FY22 were approximately $3.9 million compared to FY23 at $4 million. • Airport Leased Parking increased by 13% due to an increase in passenger traffic. Airport Leased Parking at mid -year FY22 were approximately $2.5 million compared to FY23 at $2.8 million • Terminal Non -Airlines Commercial Rentals growth of 92% is driven by CLEAR leasing terminal space and the increase in sales from the food and beverage and retail concessionaire. Executive Director Report from Harry Barrett - Covered in the Airport Mid -Year Report and Airport Staffing Update Commissioners Requests and Reports — None Report of Council Actions - None Next Airport Commission meeting will be a special meeting on Feb. 28, 2023 at 1 pm. I will not be able to attend due to La Quinta Art Celebration Artist Registration at Wellness Center and event starting the next day. 251 252 POWER POINTS CITY COUNCIL MEETING MARCH 7, 2023 Y City Council Meeting March 7, 2023 Pledge of Allegiance City Council Meeting March 7, 2023 Presentations 1 . eO., S • ti J City Council Meeting March 7, 2023 P1 - La Quinta High School Associated Student Body Presentation i CALIFORNIA City Council Meeting March 7, 2023 S1 - Discuss Converting RCSD Traffic Car Officer Position to a Traffic Motor Officer Position [: Ar 1p to + 1 cl I1�' _-- Background La Quinta contracts with Riverside County Sheriff's Department for law enforcement services. • 130 daily patrol hours (about 25 Deputies at 1,884 productive hours) • One (1) Lieutenant • Two (2) Sergeants • Two (2) Motor Officers • Three (3) Traffic Officers • Five (5) Special Enforcement Team (SET) • Two (2) Deputy Sheriff Officers assigned to Violent Crime Gang Task Force & Coachella Valley Narcotics Task Force • Six (6) Community Service Officer II positions Request Traffic Team: Traffic Team: 2 Motor Officers 3 Motor Officers 3 Traffic Officers 2 Traffic Officers Advantages of a Motor Officer vs. a Traffic Officer • Overall faster response times than a vehicle within City. • Smaller profile of a motorcycle versus a car allows for better positional opportunities, which are better in achieving the overall traffic safety goals. • Able to maneuver through traffic more efficiently and be seen by more motorists. • Motorcycles provide better support for local events with large vehicle and pedestrian attendance. • Response times of motorcycle is approximately 40% faster than patrol cars, this includes high priority and in progress crimes. Delineation of Duties Motor Officer Traffic Officer • Investigate traffic collisions Investigate traffic collisions • Enforce traffic laws Enforce traffic laws • Focus on collision • DUI enforcement • Traffic control • Assistance with large events involving pedestrians • Dignitary escorts • Focus on collision • DUI enforcement • Limited traffic contro Delineation of Duties Most Significant Difference - • Motorcycle Officers focus on preventing collisions. • Traffic Officers focus on reacting to collisions after they occur. n Comparison Currently, La Quinta is the only city in the desert that still staffs a traffic officer (Car). All have been converted to motorcycles. • Palm Springs — 4 Motor Officers • Rancho Mirage — 3 Motor Officers • Palm Desert — 4 Motor Officers • Indian Wells — 1 Motor Officer • La Quinta — 2 Motor Officers • Indio — 2 Motor Officers The cities of Cathedral City and Coachella do not have a traffic team. Fiscal Impact • First year cost: $40,000 which includes the cost of one new motorcycle, equipment and motor pay differential of $1.95 an hour. • Recurring annual cost (after less patrol car mileage): $7,100 Motor Officer Safety Department Approved Motor Uniforms — Full Face Helmets — Kevlar infused ripstop uniforms — Kevlar mesh pants — Motorcycle riding boots * Patrol cars are always available during inclement weather Overall Goal of a Motor Officer • Educate the public through visibility and violator contact • Reduction of traffic collisions • Provide the safest experience possible while driving on streets within the City. Questions? CALIFORNIA City Council Meeting March 7, 2023 S2 - Discuss New Improvements in Public Safety Tech I A Background As public safety technology advances, its ability to increase police efficiency is well -documented and known. There are two technologies staff would like to examine: • Automated License Plate Reader (ALPR) • Gunshot Detection Software MAW Automate icense Plate Reading (ALP y* �S r ' s �� r r � ` •'� =f 4! �` , rk • t V '' I� - i • = ter• r,.�l . 1 RIVERSIDE COUNTY SHERIFF'S DEPARTME March 7, 2023 What is ALPR • Captures Still Images • Date, Time & Location • Converts License Plates to Alphanumeric Characters • Recognizes Vehicle Type & Color • Does Not connect to DMV • Does Not Use Facial Recognition • Does Not Enforce Traffic • Downloads DOJ Hot Lists (Plates & Wants Only) • Users Can Create Own Hot Lists 21 ALPR —California SB34 (2015) • Requires... • ALPR users safeguard data • Agencies to create and maintain a policy • Post on agency website • Agency host public hearing prior to program implementation • Allows civil recourse to those harmed by negligent release • Requires agencies to provide training to users • Required Software Provider to be CAS Compliant • Audit trail for use of database 22 11 March 7, 2023 ALPR Users & Sharing, Purging • Users • Patrol Deputies, Investigators, Crime Analysts Sharing Agencies choose to share or not With SB34 Complaint Agencies No Sharing with Immigration Agencies Palm Springs, Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Desert, Indian Wells, Indio and unincorporated areas. San Jacinto, Hemet, Beaumont, Menifee, Redlands, East Vale, Moreno Valley, Jurupa Valley, Murrieta, Temecula, Canyon Lake, Lake Elsinore, Norco, Perris, Wildomar, Murrieta, and Corona. 23 24 12 March 7, 2023 ALPR Success Story November 2, ZB20 (Hemet, CA) — In June of 242a, the Hemet Police Deportment implemented new measures to fight crime by partnering with technelvgy company Flock Safety, a crime -solving company that provides the most advanced & affordable security for neighbarhoods, small businesses, and law enforcement. Twenty (20) license plats reading (LPN) cameras were placed throughout the City of Hemet. Since the Flock cameras went live an June 81h, the Hemet polio Department has been able to safely recover 132 stolen vehicles and make 119 arrests associated with those cases. The Hemet police Department reached a benchmark with the total recovery value of the vehicles amounting to approximately $1.15 Mill Iloin dollars. Cr" OF HAWRrPOUCE DkP.+U?TMBW • 450 E. L. THAM AVENUE w h EWET. CA 92543 FWD: M 1) 7652400 * FA; f959 7ML2412 25 W. 13 March 7, 2023 Flock & PSC • Public Safety Cameras Uses • Traffic Collision Investigation • Criminal Investigations Without ALPR • Requires Hours of Video Review • Doesn't Always Generate Investigative Leads • Generates Significant Follow -Up 27 ALPR Alert I:A - 2CF2T:ti ..,. CA - 26892TZ sink. vain Le F.W11IT1.9: 1E20.610516]?AZZ F.-n[Tifnfs 5:a%:R G5/MJ2M2 Sm r IW_m M — [:cl_yayp mmem NOT A Huy 6ai @ Avenoc 66 Cgfl ma: 104 W R D111-M a PAC11 rh Nc Wurk:Th[rlhul5L&du1! -U—ty- RM NeTwork- Pal- D—er[ Luckkii - CL—iTy - RCND W 14 March 7, 2023 29 Transparency Public Facing Portal Number of Cameras Who Cameras are Shared With Department Policy at IN- 4MUIYIGro.IorkdWvII.1 m"w"' 1.._, -I.. aIYi.Y41.Mi1a.a*a�Ia,Y I. I fA T��.mrcn.r.m�a.�Fmm Mowrr.� ma Yr•�w.ti���tiF• mra-�I.�wsoa..aF•.r Nvary.Yl•• �i+rlf ti•1• O.YY I1-1 4Ynn O rY.a.olw w�.a.�oM r."�.h.rr.L .rrl4 r.�•�Mr+m..Ikr�.iiws�I w.rrr .wm H+Lm �..�r. T•I .ltil�r Ya1YY. �rt IYIYF..M a r., I��.fi�...i..NlMIIY•�,FMp.ti� :R aW�Iro-y R y.• A�-, 4 amu.r..Y.rAm ••:YLrA r. A14... pan rr.r ueo.a.rbL....w.a e•.Iw�:Man�sr mml.�... ". u ry,s..cm .u�nwrtnn»r. Lw.Itril.in Ya,L. M LrAm,:Y.rt 1{50.ln.JFi41'L� Inh4lt� M`...i�. e`+y rau.v.0 rim rn iv.rc. i •m m W+r4w.srn Tlyrr.�.rr,� ..'..... .rrLd.ra��y. jr wM1iMYM.wM/w. V tI yy a�Y�ai,.rs4.. 15 March 7, 2023 Crime Rankings & Trends 2021 Property Crime & Clearance 7•0°7° 2500 2371 (P.(P°7o ■ Property Crime 2000 1886 7.4'76 ■ Cleared 1500 1401 q.(P%o 4.5 7o 1000 869 815 722�0 I 500 I 5.707o I 3.307o 33 1 103 83 124 39 140 8 I 60 2 165 0 — � — Coachella Indio La Quinta Palm Desert Rancho Cathedral City Desert Hot Palm Springs Mirage Springs 31 32 16 March 7, 2023 L , Sho#spo##er Detect • Protect - Connect Addressing Gun Violence in La Quinta, CA - March 7th, 2023 33 G OF Ivco�M�rani �•� ShotSpotter Respond TM 34 17 pr �2� � � 2 \� March 7, 2023 Gunshot is Reviewed and Published --- ---___ I I X•, ShotSpottelr Respond" 37 O Police Respond + I Al 0 IP r PI is or 0 "! dot� � 9 tt jo NO f i I I � � I a X•, ShotSpotter Respond" 38 { ONO lip � t� 19 k{ I r solo 4F or AM* Ab Mr 41� { - Information Sent to Your 911 Communication Center X' ShotSpotterRespond'" 6.00* ` c 7M ITo the Patrol Cars 5 , ShotSpotter Respond'" t Mae q 3658 M i chiga n Av I? 40 . 910-- ShotSpofter Respond m •`®« . /» i2° . � • �a. - \�: AP \ .�k���.� p. , -- � \ AL 4. ry .#�. 25947 1 \i® A_. ShotSpotter Respond March 7, 2023 Community Impact & Engagement Initiatives University Partnerships Direct Community Engagement ow 45 Aglk� "Data for Good" �4ft Child & Youth Trauma Response 0 ShotSpotter" r i J L 'I D.ET ROTECT CONNECT r Success Stories ag IIVa Website 921 46 23 f T' k safety Leverage the future of policing, now Our Mission Eliminate Crime for the Mhole Community La Quinta, CA 48 C Why Flock Safety? Gunshot detection and ALPR together ftack safety When you get Flock you get: objective, real-time and investigative leads • Vehicle Fingerprint'" = license plate plus • Indiscriminate evidence from fixed locations • No people, no facial recognition, no traffic enforcement • Solar Powered, LTE enabled -Easy to deploy • Works in conjunction with the Raven Gunshot Detection March 7, 2023 What is Raven? • Low cost: $25-$35K / square mile • Infrastructure -light: physical installation takes as little as 1 week / square mile* Low power and privacy -focused: devices are solar -powered, only turn on when a gunshot is heard Accurate alerts and localization of gunshots: find victims and physical evidence faster • Automatic tie-in to Falcon ALPR: easily create a perimeter around a crime scene to see who drove in and out before and after the gunshot, use LPR searches and Hotlists to find suspects faster • Utilizes Flock's patented machine learning models • No additional training required for RSO. Flock is accessable to the entire department today. 51 Continuous training and evolution IFlr,k,;. -, M6mlff les Jll,d gtwhobma Mid fmrl DtPLOMENT alee, ML models are de plow, d every 2 weeks 52 ANNOTA v IOf+ natalbraf VI&INaae rerT aadla cup. VALIDATIOK New ML model la flm an enure DB of aadla ckpa. The t*niJ bf tim modal ere comprted In Eunrno amwNblbt—II imprgywr il. wQ O ploy. Ehu, wa nllraln. TkMNIN{l SyeiemCreates anet. model Eased on dl a ileEle dote to �IaffiFyr rpm'ho1 r�%noI 26 March 7, 2023 Klatch & Triangulate N 53 How does this technology prevent and eliminate crime? 54 Proactive: Real Time Alerts when Wanted Vehicles or gunshots happen in your City Investigative: As clearance rates increase, crime rates decrease Flock cameras and Raven act as a deterrent Product is widely adopted by RSO and nearly all cities in Riverside County 27 March 7, 2023 Flock is Widely Adopted in California • Alhambra • Cathedral City • Elk Grove • El Monte • Riverside County Sheriff • Woodland • Glendale • Temecula • Grass Valley • La Canada Flintridge • Moreno Valley • • San Ramon Danville • MontereyPark • Lake Elsinore • Livermore • San Dimas • Canyon Lake • Hercules • Arcadia • Beaumont • Vacaville • Azusa • Indio • Lake County Sheriff • Glendora • Norco . Clear Lake • Covina • Palm Desert • Fairfield • West Covina • Wildomar • Benicia • Pomona • Indio • Rio Vista • Calabasas • Riverside • Dixon • Placentia • Napa County Sheriff • La Puente • San Mateo County Sheriff • Rosemead • Stanton . Novato • Jurupa Valley • Laguna Hills • San Mateo PD • Lake Elsinore • Lake Forest • San Bruno • Hemet • Seal Beach • Foster City • San Jacinto • Oceanside • Colma • Bakersfield • Hillsborough 55 No i R .k R CALIFORNIA City Council Meeting March 7, 2023 S3 - 2021-02 Fritz Burns Park Improvements Draft Master Plan Background • Additional park amenities identified as priority at 2021, 2022 and 2023 Community Workshops • Funding included in CIP for Master Planning and Design Background • In May 2022 INSITE was selected to develop Fritz Burns Park Master Plan • October 2022 Community Survey • Project team, consultant and community feedback: Developed 4 Phase Draft Plan Existing Park Amenities • Swimming pool • Children's play area • Picnic tables & benches • Restrooms • 6 tennis courts • 8 pickle ball courts • Water feature • Skate park • Dog park • Parking lot and off-street parking IYm= BURNS PARK MASTER PLAN RE 2 ' � Fi . �_ }t f T T • Y q.'.4 Proposed Park Amenities PHASE 1*: ✓ Replacement of tennis court/pickle ball court shade structures; ✓ Conversion of two (2) tennis courts to eight (8) pickle ball courts. *Staff is procuring quotes for this phase PHASE 2: ✓ Expanded playground with new equipment, shade, lighting, and drinking fountains; ✓ Plaza with public art play element, seating, and shade; ✓ Restroom building; ✓ Tree lined promenade with seating and picnic tables; ✓ Bicycle racks and tune-up station. Proposed Park Amenitie PHASE 3: ✓ Modifications to existing parking lot; ✓ New parking lot with tree islands; ✓ Electric Vehicle charging stations. FRITZ BURNS PARK MASTER PLAN PHASE 4: ✓ New water playground and wading pool; ✓ Expanded pool deck with shade and seating; ✓ Expanded pool equipment area. Cost Estimates by Phase PHASE I COSTESTIMAT *Staff is curreffl7rMuring cost estimates from vendors for this Ahm #17 4*- APO- Qil� 0-- 'i;j, Project Funding • Project 2021-02 Funding in CIP • FY 2021/22: $350K Measure G • FY 2022/23: $500K Parks & Rec DIF • Construction funding will be proposed in FY 2023/24 through 2027/28 CIP per Council direction Questions? i R 'k •R �• .tom .�'��-'�'�� - - .t • _ . ., f�� Sri CALIFORNIA City Council Meeting March 7, 2023 B 1 - Agreement for Shade Structure Installation at Fritz Burns Park and X-Park CALIFORNIA ems`` . �.� � ..art-•�- � - - City Council Meeting March 7, 2023 B2 - Contract Services with Kiley & Associates for Federal Lobbyist Services .` 10, a 'w G CA Background • Why a Federal Lobbyist: — Federal funding for City programs and projects — Meetings with U.S. Congress and federal agencies — Pending federal legislation impacting the local government — Voice and relationship in Washington, DC Kiley & Associates • DC office on Capitol Hill • Results in securing federal funding for CA cities • Understands the importance of collaborating with local representatives • $42,000/year ($3,500/monthly) i CALIFORNIA City Council Meeting March 7, 2023 63 - Letter of Concern to Coachella Valley Unified School District to Reinstate School Resource Officers _ y y - . -,. � ` � .' •+r,- try_ R .� �Y •R • _ . ` +f� Sri+ La / (Z"(v