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2023 06 20 Council
ta Qa�fra — 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, JUNE 20, 2023 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning -in live via http://laquinta.12milesout.com/video/live. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans 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 CityClerkMailCa�_LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in -person during the meeting by completing a "Request to Speak" form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. CITY COUNCIL AGENDA Page 1 of 9 JUNE 20, 2023 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)]. TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to `just cause" or "emergency circumstances," as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. CONFIRMATION OF AGENDA CITY COUNCIL AGENDA Page 2 of 9 JUNE 20, 2023 CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES ANALYST; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES' ASSOCIATION, AND UNREPRESENTED EMPLOYEES 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed 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)]. ANNOUNCEMENTS. PRESENTATIONS. AND WRITTEN COMMUNICATIONS 1. FIND FOOD BANK FOOD DISTRIBUTION PROGRAMS PRESENTATION BY PRESIDENT AND CEO DEBBIE ESPINOSA CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MEETING MINUTES DATED MAY 16, 2023 2. AUTHORIZE OVERNIGHT TRAVEL FOR MAYOR, FOUR COUNCILMEMBERS, AND CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 20- 22, 2023 3. EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JUNE 27, 2023, PLANNING COMMISSION MEETING CITY COUNCIL AGENDA Page 3 of 9 JUNE 20, 2023 4. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 37891 FOR THE JEFFERSON STREET RESIDENTIAL APARTMENT DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE 5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TKE ENGINEERING TO PROVIDE ON -CALL TRAFFIC ENGINEERING SERVICES 6. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH NV5, INC AND MSA CONSULTING FOR ON -CALL SURVEYING SERVICES 7. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH LANDMARK CONSULTANTS, INC AND CONVERSE CONSULTANTS FOR ON -CALL MATERIALS TESTING SERVICES 8. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH HERMANN DESIGN GROUP, INC FOR ON -CALL LANDSCAPE ARCHITECTURAL DESIGN SERVICES 9. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DUDEK TO PROVIDE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE LAKE AND IRRIGATION CONVERSION AT THE CIVIC CENTER AND SILVERROCK PARK VENUE, PROJECT NOS. 2016-06 AND 2016-08 10. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ACORN TECHNOLOGIES, INC TO PROVIDE TRAFFIC INFRASTRUCTURE INFORMATION TECHNOLOGY SUPPORT SERVICES AND PUBLIC SAFETY CAMERA SYSTEM INFORMATION TECHNOLOGY SUPPORT SERVICES 11. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH 4LEAF, INC, 299 BUREAU VERITAS NORTH AMERICA, INC, HR GREEN PACIFIC, AND INTERWEST CONSULTING GROUP FOR ON -CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES 12. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH VINTAGE ELECTRIC FOR ON -CALL ELECTRICAL SERVICES TO EXTEND THE TERM THROUGH FISCAL YEAR 2024/25 AND INCREASE THE CONTRACT AUTHORITY UP TO $150,000 OF WORK PER FISCAL YEAR EFFECTIVE FISCAL YEAR 2022/23 13. APPROVE ADDITIONAL FUNDS FOR FISCAL YEAR 2023/24 MEMORANDUM OF UNDERSTANDING WITH THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE CITY COUNCIL AGENDA Page 4 of 9 JUNE 20, 2023 14. ACCEPT SILVERROCK PARK VENUE WI-FI AND CAMERA BACKBONE 437 PROJECT NO. 2022-18, LOCATED AT SILVERROCK PARK 15. ACCEPT X-PARK PROJECT NO. 2015-09, LOCATED ON BLACKHAWK WAY 441 16. ADOPT RESOLUTION TO APPROVE THE CITY'S PROJECT LIST FOR FISCAL 445 YEAR 2023/24 FOR SENATE BILL 1 — ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING [RESOLUTION NO. 2023-0161 17. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 INVESTMENT POLICY [RESOLUTION NO. 2023-017] 18. ADOPT RESOLUTION TO APPROVE THIRD EXTENSION OF TIME FOR SITE DEVELOPMENT PERMIT 2014-1003 (SDP 2022-0012) AND TENTATIVE TRACT MAP NO. 36744 (TTM 2022-0002), LOCATED ON THE SOUTH SIDE OF AVENUE 54, ONE -QUARTER MILE EAST OF MADISON STREET [RESOLUTION NO. 2023-018] 19. ADOPT RESOLUTION TO APPROVE CLASSIFICATION PLAN AND SALARY PLAN/SCHEDULE FOR ALL REPRESENTED AND UNREPRESENTED EMPLOYEES FOR FISCAL YEAR 2022/23 [RESOLUTION NO.2023-019] 20. ADOPT RESOLUTION TO APPROVE BENEFIT, CLASSIFICATION, AND SALARY PLAN/SCHEDULE FOR FISCAL YEAR 2023/24 [RESOLUTION NO. 2023-0201 21. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION [RESOLUTION NO. 2023-021] 22. APPROVE DEMAND REGISTERS DATED MAY 26, JUNE 2, AND JUNE 9, 2023 23. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2023 24. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE 627 MATERIALS TO PURCHASE UP TO $160,000 OF MATERIALS FOR FISCAL YEAR 2022/23 25. ADOPT RESOLUTION TO APPROVE THE EXCHANGE OF REAL PROPERTY BETWEEN THE CITY AND NINO ROSINI FOR CERTAIN VACANT PARCELS IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 770-125-003 AND 770-155- 001 [RESOLUTION NO. 2023-022] CITY COUNCIL AGENDA Page 5 of 9 JUNE 20, 2023 BUSINESS SESSION PAGE 1. AWARD CONTRACT FOR CONSTRUCTION OF THE AVENUE 50 AND 635 AVENUE 52 PAVEMENT REHABILITATION PROJECT NOS. 2022-01 AND 2022-14; SEE ALSO SUPPLEMENTAL STAFF REPORT 635-S 2. APPROVE AMENDMENT NO. 6 TO GOLF COURSE MANAGEMENT 639 AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR SILVERROCK GOLF COURSE MANAGEMENT SERVICES 3. APPROVE SILVERROCK RESORT 2023/24 ANNUAL PLAN 645 4. RECEIVE AND FILE FISCAL YEAR 2022/23 BUDGET UPDATE REPORT AND 673 APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS 5. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 BUDGET AND 679 ESTABLISH THE CITY'S APPROPRIATIONS LIMIT [RESOLUTION NO. 2023-023] STUDY SESSION — None PUBLIC HEARINGS — 5:00 p.m. or thereafter For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words). Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing. PAGE 1. ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR FISCAL YEAR 2023/24 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 [RESOLUTION NO.2023-024] 2. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 THROUGH 2027/28 CAPITAL IMPROVEMENT PROGRAM [RESOLUTION NO. 2023-025] 3. ADOPT RESOLUTION TO VACATE A PORTION OF THE SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA CARRANZA PUBLIC RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 6 [RESOLUTION NO. 2023-026] CITY COUNCIL AGENDA Page 6 of 9 JUNE 20, 2023 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC WORKS MAYOR'S AND COUNCIL MEMBERS' ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT - COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14. CANNABIS AD HOC COMMITTEE (Pena & Sanchez) 15. CVAG PUBLIC SAFETY COMMITTEE (Pena) 16. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 17. LEAGUE OF CALIFORNIA CITIES - PUBLIC SAFETY POLICY COMMITTEE (Pena) 18. IMPERIAL IRRIGATION DISTRICT - ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey) 19. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena) 20. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) 21. SUNLINE TRANSIT AGENCY (Pena) 22. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 23. ANIMAL CAMPUS COMMISSION (Sanchez) 24. LEAGUE OF CALIFORNIA CITIES - PUBLIC SAFETY COMMITTEE (Sanchez & Pena) 25. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 26. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez) 27. PLANNING COMMISSION MEETING MINUTES DATED MARCH 28, 2023 753 28. PLANNING COMMISSION MEETING MINUTES DATED APRIL 11, 2023 761 29. FINANCIAL ADVISORY COMMISSION MEETING MINUTES DATED MAY 10, 767 2023 CITY COUNCIL AGENDA Page 7 of 9 JUNE 20, 2023 ADJOURNMENT ********************************* The regular City Council meeting of July 4, 2023, has been cancelled. The next regular meeting of the City Council will be held on July 18, 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 June 16, 2023. DATED: June 16, 2023 MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices • Agenda packet materials are available for public inspection: 1) at the Clerk's Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City's website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)]. • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made. • If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. CITY COUNCIL AGENDA Page 8 of 9 JUNE 20, 2023 *** 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/them to speak on the item(s) requested. Please note — members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/m/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.CityClerkMaii(o)-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 9 of 9 JUNE 20, 2023 CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, MAY 16, 2023 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 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 Councilmembers Fitzpatrick, McGarry, and Mayor Evans said they would comment on Consent Calendar Item Nos. 2, 7, and 8. Councilmember Pena said he will abstain from the discussion and vote on Consent Calendar Item No. 6 due to a potential conflict of interest stemming from the proximity of real property to this project, and requested that it be pulled for a separate vote. Council concurred. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON HIGHWAY 111, EAST OF DUNE PALMS ROAD; ASSESSOR PARCEL NUMBER 600-020-053 CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER PROPERTY OWNER: CITY OF LA QUINTA NEGOTIATING PARTY: SUNRIDGE HOTEL GROUP UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR DISPOSITION OF THE PROPERTY IDENTIFIED 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON AVENIDA LA FONDA AND MAIN STREET; ASSESSOR PARCEL NUMBERS 770-123-011, 770-124-010, AND 770-124-012 CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTY: GATHER CAPITAL UNDER NEGOTIATION: PRICE AND TERMS OF SALE CITY COUNCIL MINUTES Page 1 of 10 MAY 16, 2023 11 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES ANALYST; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES' ASSOCIATION, AND UNREPRESENTED EMPLOYEES COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:04 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:08 P.M. WITH ALL MEMBERS PRESENT 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 Councilmember McGarrey led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker realtor, and La Quinta resident — provided an update on Chamber events including newly appointed members of the executive committee for this year; and introduced new CEO Brandon Marley. PUBLIC SPEAKER: Brandon Marley, CEO, Greater Palm Springs Chamber of Commerce — expressed his pleasure in being appointed CEO and spoke of upcoming events. PUBLIC SPEAKER: Richard Gray, La Quinta — suggested that Council expedite permits for large projects; plan now for solar power and vehicle charging stations at future housing projects; include drainage into the Whitewater Channel for properties adjacent to it; connect retention basins to drain into the Whitewater Channel; the proposed Troutdale Village housing project should include elevators if the three-story plan is approved, and it should include a significant number of three -bedroom units to accommodate families; consider implementing voting districts; and given the work slowdown at Talus, and its funding issues, suggested that Council have a plan B ready to implement. Councilmember Fitzpatrick explained that the La Quinta Building Code includes all the requirements for solar power and charging stations; and Councilmember Pena explained that Coachella Valley Water District (CVWD) controls what gets discharged into the Whitewater Channel, Imperial Irrigation District (IID) holds responsibility for providing power to projects, and the residences of current Councilmembers are in every area of the City, but all five Councilmembers represent all residents. CITY COUNCIL MINUTES Page 2 of 10 MAY 16, 2023 12 Announced out of Agenda order after Consent Calendar >>> City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, on Matters Not on the Agenda, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Kelly Baucom — Special Event Permits regulations and requirements; and the Dupont Estate. • Claudia Snyder — Special Event Permits regulations and requirements. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION IN RECOGNITION OF NATIONAL PUBLIC WORKS WEEK Mayor Evans, on behalf of the Council, presented a Proclamation to Public Works Director/City Engineer Bryan McKinney and department staff. Mr. McKinney expressed his gratitude for the recognition of the importance of municipal public works in the lives of all residents. 2. CV LINK REGIONAL TRAIL PROJECT UPDATE BY COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) EXECUTIVE DIRECTOR TOM KIRK CVAG Executive Director Tom Kirk provided an update on the CV Link Regional Trail Project, a 50-mile multi -modal transportation project under construction for bicyclists, pedestrians, and low speed electric vehicles, that will run continuously throughout the Coachella Valley cities, from Desert Hot Springs to Coachella. Mr. Kirk also provided an update on the CVAG Arts and Music Line project, a 10-mile community connector to key destinations, such as schools, affordable housing, retail and employment centers, which will provide three connections to the CV Link, and will run along Avenue 48 through the Cities of La Quinta, Indio, and Coachella. CONSENT CALENDAR 1. EXCUSE ABSENCE OF COMMISSIONER DORSEY FROM THE MAY 10, 2023, QUARTERLY FINANCIAL ADVISORY COMMISSION MEETING 2. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH FIND FOOD BANK TO PROVIDE NON-PERISHABLE FOOD KITS TO HOMEBOUND SENIORS AND LA QUINTA RESIDENTS THROUGH FISCAL YEAR 2023/24 3. APPROVE GOVERNMENT PRODUCT LEASE AGREEMENT WITH QUADIENT LEASING USA, INC FOR FIVE-YEAR LEASE OF POSTAGE AND PAPER FOLDING MACHINES CITY COUNCIL MINUTES Page 3 of 10 MAY 16, 2023 13 4. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC, FOR ADDITIONAL SPENDING AUTHORITY UP TO $100,000 FOR EXTRA WORK AND PURCHASE OF PLANT MATERIALS IN FISCAL YEAR 2022/23 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER 5. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND CALIFORNIA TRAVEL ASSOCIATION SUMMIT 2023 IN MONTEREY CALIFORNIA, SEPTEMBER 18-22, 2023 6. Pulled for a separate vote by Councilmember Pena >>> ADOPT RESOLUTION AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR LAND AND WATER CONSERVATION FUND THROUGH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND AVENIDA BERMUDAS [RESOLUTION NO. 2023-0111 7. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE AVENUE 50 AND AVENUE 52 PAVEMENT REHABILITATION PROJECT NOS. 2022-01 AND 2022-14 8. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE FRED WARING DRIVE PAVEMENT REHABILITATION PROJECT NO. 2022-03 9. APPROVE DEMAND REGISTERS DATED APRIL 28 AND MAY 5, 2023 10. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2022/23 TREASURY REPORTS FOR JANUARY, FEBRUARY, MARCH 2O23 11. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2023 CONSENT CALENDAR ITEM NO. 6 — Comments Councilmember Pena recused himself from discussion and vote on Consent Calendar Item No. 6 due to a potential conflict of interest stemming from the proximity of his real property interest to the project location. CONSENT CALENDAR ITEM NOS. 2. 7. AND 8 — Comments Councilmember McGarrey said: • She serves on the Board of Directors for FIND Food Bank, which is being considered under Consent Calendar Item No. 2, and as this is a volunteer position CITY COUNCIL MINUTES Page 4 of 10 MAY 16, 2023 14 and she does not receive compensation, there is no potential conflict of interest; and • Her residence is within 1,000 feet of the project location under Consent Calendar Item No. 8, which does not constitute a material financial interest under Fair Political Practices Commission (FPPC) regulations as the proposed work solely concerns repairs and maintenance of existing streets. Mayor Evans said: • She is a past member of the Board of Directors for FIND Food Bank, which is being considered under Consent Calendar Item No. 2, and as this was a volunteer position and she did not receive compensation, there is no potential conflict of interest; and • Noted the City has supported FIND Food Bank for many years, particularly during the COVID-19 pandemic when funding was allocated and City staff assisted with food packaging and distributions. Councilmember Fitzpatrick said: • Her residence is within 2,500 feet from the proposed project under Consent Calendar Item No. 7, which does not constitute a material financial interest under FPPC regulations as explained by the City Attorney (noted below); and • Regarding Consent Calendar Item Nos. 7 and 8, there are 129 miles of streets in La Quinta; the City is only required to spend $1 million per year on repairs; every year, the City goes far beyond the minimum expenditure of $1 million; and the City tries to keep its road standards up. City Attorney Ihrke explained that under FPPC regulation 18705.2(c), there is not a financial interest requiring recusal if a decision is dealing solely with the repair, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities; and a street re -pavement would fall within this exemption. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item Nos. 1-5 and 7-11 as recommended. Motion passed unanimously. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item No. 6 as recommended and adopting Resolution No. 2023-11. Motion passed: ayes — 4, noes — 0, abstain — 1 (Pena), absent — 0. City Clerk Radeva announced Written Public Comments received on Matters Not on the Agenda as noted on page 3 of these minutes, out of Agenda order. BUSINESS SESSION 1. APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF JULY 4, AUGUST 15, AND SEPTEMBER 5, 2023 CITY COUNCIL MINUTES Page 5 of 10 MAY 16, 2023 15 Council waived presentation of the staff report, which is on file in the Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve cancelling the regular City Council meetings of July 4, August 15, and September 5, 2023. Motion passed unanimously. STUDY SESSION 1. DISCUSS FISCAL YEAR 2023/24 PRELIMINARY PROPOSED BUDGET Finance Director Martinez and Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk's Office. Council discussed the proposed asset management program; the increase in funding for park maintenance; reduction in the percentage of the budget allocated for police and fire with no reduction in service; amount allocated to cyber security, and cyber insurance coverage; and the overall increase in insurance premiums. PUBLIC SPEAKER: Richard (Dick) Mills, La Quinta (received donated time from Yolanda Mills), and Chair of the Financial Advisory Commission (FAC) — spoke on behalf of the FAC and expressed the FAC's opposition to the proposed $3.6 million funding allocation from La Quinta for the CVAG Arts and Music Line project on Avenue 48 and the Washington Street connector project. Council responded to Mr. Mills by suggesting that the CVAG Arts and Music Line project team provide the FAC with a detailed presentation on the project, since many members have little or no information on the project; and briefly explained the benefits of the project. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:49 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:59 P.M. WITH ALL MEMBERS PRESENT 2. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW FOR JANUARY-MARCH 2O23 AND POTENTIAL AMENDMENTS TO CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE City Clerk Radeva presented the staff report, which is on file in the Clerk's Office. Council discussed the number and location of lots eligible for the proposed large -lot exemption if it were to be approved. PUBLIC SPEAKER: Dick Storbo, La Quinta — opposed STVRs, and any exemptions to the ban on new permits; and said property owners can use existing processes by applying for a zone change, a Conditional Use Permit (CUP), or a Bed and Breakfast permit. CITY COUNCIL MINUTES Page 6 of 10 MAY 16, 2023 16 PUBLIC SPEAKER: Kay Wolff, La Quinta — STVR is trending well for all involved, it is a work in progress; urged Council to adopt a super -majority 4/5 vote to lift the ban on new permits; STVR complainers need to be informed if they should document disturbances with audio or visual recordings; suggested that HOA complaints and citations be transmitted to and recorded by the City in its metrics; neighbors of unpermitted STVRs are being harassed for reporting, so a resolution is needed; homeshares may be a back- door to illegal operation, and a challenge for Code Compliance for enforcement; opposes large -lot exemptions for properties in residential zones, but instead, they should be subject to CUPs; notices for Special Event Permits should be sent via registered mail, so proof of receipt exists; limit STVR guest parking on residential streets; and keep up the enforcement, public education, and reaffirm the ban on new permits. PUBLIC SPEAKER: Don Shoffstall, La Quinta — clarified the 10 large lots located in the PGA West communities questioned by Councilmember Sanchez; regarding homeshares, the ordinance must be written carefully to prevent abuse by crafty owners; adoption of a 4/5 vote to lift the ban on new permits is strongly supported by the Neighbors for Neighborhoods organization; and regarding the large -lot exemptions, believes the 500' notification radius is insufficient, and needs to be investigated for sound travel. PUBLIC SPEAKER: Lynne Daniels, La Quinta, owner of the Dupont Estate — periodic review of the STVR program is helpful; and supports allowing permits for homeshares. PUBLIC SPEAKER: Edward Armendarez, La Quinta — other cities that have regulated or banned STVRs have concluded that such a program cannot be adequately regulated; opposed to homeshare permits because they will be difficult to patrol; residents are being harassed if they are suspected of reporting unpermitted properties; and need clarification on language City uses, specifically, use of "permanent ban" is inaccurate. PUBLIC SPEAKERS: Mario Prius and Cecelia Havey, La Quinta — purchased a vacation home in 2018 and operated a STVR, but were unable to renew their license in 2020 due to a glitch in the City's system; never received any citations; in desperate financial need now without their STVR permit, even though renting long-term for 30 days or more; and asked Council to provide relief to those who experienced the City's system error in 2019/20 by allowing permit renewal. Council discussed threats or vandalism against neighbors should be reported to the police; and requested staff to investigate the system glitch mentioned to see if there are any residents that may have been affected by it. City Attorney Ihrke commented that Staff may investigate whether there was a technological issue in the past with the City's contractor for electronic permitting, but any investigation cannot affect, as a matter of law, decisions made for prior administrative appeals, or affect the applicable time periods for brining an administrative appeal or pursuing judicial relief from a decision on administrative appeal. City Attorney Ihrke also commented that, as a matter of law, belief by a STVR permit -holder that the ban on new CITY COUNCIL MINUTES Page 7 of 10 MAY 16, 2023 17 STVR permits was temporary would not be grounds for any failure to timely renew an existing STVR permit. PUBLIC SPEAKER: Anna Duitruk, spoke on behalf of Vacation Rentals Owners of La Quinta (VRON-LQ) — supports allowance of STVRs; asked Council to allow a gradual increase in STVR permits and maintaining a balance; opposed the requirement of a 4/5 vote of Council on the ban on the issuance of new STVR permits in non-exempt areas; and believes the program helps many residents. Council discussed the pros and cons of STVRs; excellent Code Enforcement; the proposed 4/5 vote would apply only to Section 3.25.055; reasons to support/oppose the 4/5 vote; support for current STVR code; gradual permit attrition; favoring HOAs management of their own communities; importance of notification to the 500' radius, or greater, to neighbors of large -lots, and proof of notification; importance of continued resident feedback; pros and cons of homeshares; process for the HOA exemption; support/opposition to require HOAs with CC&Rs allowing STVRs, to hold votes to allow any new permits in their community; the success of the current ordinance over time; consideration of opening the program to a few more STVR permits and homeshares to test the program, maybe 10 new permits a month; the initial intent in 2020 was a temporary moratorium; eliminating the proposed limit on the number of large -lot permits issued per year; the City's success in delivering everything requested by residents such as reduction in STVR permit density due to permit attrition, promoting development in exempt areas, increased code enforcement, significant reduction in complaints, accurate data collection, etc.; importance of the solid revenue from STVRs for enforcement, roads, facilities, services, etc.; the success in shutting down unpermitted operators; and division on the issue of STVRs may always exist as long as the program exists, regardless of its success. Council directed staff to clarify the ordinance section on HOAs to ensure that if the results of an HOA vote allows its owners to apply for a STVR permit under the HOA exemption, that their CC&Rs are immediately amended to clearly state that in accordance with its CC&R voting rules, HOA members are permitted to apply for a new STVR permit with the City under the HOA exemption clause; and HOAs that allow STVRs in their CC&Rs must also hold a vote of its members to reaffirm the desire of its current members to allow STVRs in the community, since new HOA members may have relied on the City's ban to override the STVR allowance in their CC&Rs when purchasing. Announced out of Agenda order before Adjournment >>> City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, regarding Study Session Item No. 2, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: • Anonymous — opposing STVRs. • John Hastie — opposing proposed Section 3.25.056 related to HOA Exemption. • Stephanie Nevel Yanchar — opposing proposed Section 3.25.056 related to HOA Exemption. CITY COUNCIL MINUTES Page 8 of 10 MAY 16, 2023 18 MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:41 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 10:03 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Sanchez and Councilmember Pena reported on their attendance at the Energy Summit; micro -grid discussion; and their tour of the Sheriff station. Councilmember Pena reported on his attendance at Career Day at Ben Franklin Elementary School; the Sean Webb sendoff; and the Bruce Lee memorial event. Councilmember Fitzpatrick reported on her tour of the Sheriff's Station; the SCAG conference; and the Palm Desert State -of -the -City event. Councilmember McGarry reported on her attendance at the SCAG conference; and the Cathedral City State -of -the -City event. Mayor Evans reported her attendance at the Bell dedication for Desert Sands; Women Leaders luncheon awarding scholarships; Impact through Golf charitable committee; provided an abbreviated State -of -the -City presentation to realtors; spoke at the County's Mental Health Day event; the SCAG conference; supported Greater Palm Springs Visitor's Bureau in a round of golf; played in Desert Sands Chili Dog Open; and attended the Concert in the Park event. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2023, Mayor Evans reported on her participation in the following organization's meeting: • CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE 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 McGarrey reported on her participation in the following organizations' meeting: • COACHELLA VALLEY MOUNTAINS CONSERVANCY • IID ENERGY CONSUMERS' ADVISORY COMMITTEE CITY COUNCIL MINUTES Page 9 of 10 MAY 16, 2023 19 La Quinta's representative for 2023, Councilmember Pena reported on his participation in the following organizations' meeting: • CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES • CVAG PUBLIC SAFETY COMMITTEE City Clerk Radeva announced Written Public Comments received for Study Session Item No. 2 as noted on page 8 of these minutes, out of Agenda order. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Pena/Sanchez to adjourn at 10:24 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 10 of 10 MAY 16, 2023 911 CONSENT CALENDAR ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: ,tune 20, 2023 STAFF REPORT AGENDP AUTHORIZE OVERNIGHT TRAVEL FOR MAYOR, FOUR COUNCILMEMBERS, AND CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 20-22, 2023 RECOMMENDATION Authorize overnight travel for the Mayor, four Councilmembers, and the City Manager to attend the League of California Cities Annual Conference in Sacramento, California, September 20-22, 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 Annual Conference (Conference) provides attendees the opportunity to participate in education sessions, discussion forums and networking. • This item has been scheduled this far in advance so that attendees may obtain advance bookings at reduced rates. FISCAL IMPACT Estimated expenses are $1,750 per attendee; this cost includes conference registration, travel, lodging and meals. Funds are included in the travel and training departments' budgets; City Council (101-1001-60320) and City Manager (101-1002-60320). BACKGROUND/ANALYSIS The Conference provides an opportunity for local leaders to learn from leading experts as well as from their peers. Education sessions and forums will include topics such as economic development, housing, public safety, communication, and technology. Further, the League's Annual Business Meeting, held during the General Assembly, acts on resolutions that establish League policy; Mayor Evans is the City's voting delegate. Additionally, the Regional Riverside Division holds a meeting during this time. 21 Staff is requesting Council consideration this far in advance as the League has already opened registration for the September 2023 Conference, and if members register now, they qualify for reduced registration and lodging rates, and may secure reduced travel fairs as well. ALTERNATIVES Council may elect to reduce the number of attendees or not have anyone attend. Prepared by: Jennifer Nelson, Management Specialist Approved by: Jon McMillen, City Manager 22 City of La Quints CONSENT CALENDAR ITEM NO. 3 CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JUNE 27, 2023, PLANNING COMMISSION MEETING RECOMMENDATION Excuse absence of Commissioner Mary Caldwell from the June 27, 2023, quarterly Planning Commission meeting. EXECUTIVE SUMMARY • On June 8, 2023, Commissioner Caldwell requested to be excused from the June 27, 2023, Planning Commission meeting due to previously scheduled travel. • Commissioner Caldwell has one (1) excused absence for fiscal year 2022/23. FISCAL IMPACT No meeting attendance compensation is paid to absent members. BACKGROUND/ANALYSIS The Municipal Code states: "If any member of a board, commission or committee absents him/herself from two consecutive regular meetings, or absents him/herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above -stated limitations on absences." ALTERNATIVES Council may deny this request, which would result in the absence being counted toward the Commissioner's limitation on absences as noted above. Prepared by: Laurie McGinley, Deputy City Clerk Approved by: Monika Radeva, City Clerk 23 24 CONSENT CALENDAR ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 37891 FOR THE JEFFERSON STREET RESIDENTIAL APARTMENT DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE 'FCOMMENDATION Approve Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement for Parcel Map 37891 for the Jefferson Street residential apartment development; and authorize the City Manager to execute said agreement upon receipt of a replacement security. EXECUTIVE SUMMAKY • Parcel Map 37891 with associated Subdivision Improvement Agreement were approved by City Council on September 20, 2022. • Global Development and Building, LLC has sold its interest in this parcel map and desires to assign the subdivision improvement obligations to MMHP 2023, LLC. MMHP 2023, LLC (New Developer) is the current owner of this parcel map. • New Developer requests approval of Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement (Agreement) for Parcel Map 37891. FISCAL IMPACT There is no fiscal impact to the City. New Developer will be submitting a replacement security to guarantee construction of the improvements. BACKGROUND/ANALYSIS Parcel Map 37891 is an approximately 5.4 acre project site located in the southeast corner of Jefferson Street and Palm Circle Drive (Attachment 1). The project proposes a total of five buildings with 40-unit multifamily residential apartments. 25 In October 2022, Global Development and Building, LLC entered into a Subdivision Improvement Agreement for the Jefferson Street Apartments project. Global Development and Building, LLC recently sold its interest in this parcel map. New Developer is the current owner. The City will execute the Agreement (Attachment 2) and release Global Development and Building's security upon receipt of the replacement security for the Jefferson Street Apartments from New Developer. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map 2. Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement 26 ATTACHMENT 1 PARCEL MAP NO. 37891 VICINITY MAP NOT TO SCALE 27 ATTACHMENT 2 ASSIGNMENT AND ASSUMPTION AGREEMENT K AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 37891 OFF -SITE AND ON -SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of , 20 , by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), Global Development and Building, LLC, a California limited liability company ("Assignor"), and MMHP 2023, LLC, a California limited liability company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated October 31, 2022 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Parcel Map No. 37891 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor has sold its interest in the Tract. Assignee is the current owner of the Tract. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F220 28 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) Faithful Performance Bond in the amount of $418,676 and Labor & Materials Bond in the amount of $418,676 for the following improvements: IMPROVEMENTS Performance Security Amount Labor & Materials Security Amount Improvement Description Grading $ 62,780 $ 62,780 Off -Site Entry Improvements $ 42,728 $ 42,728 Off -Site Landscaping $ 27,500 $ 27,500 Off -Site Water and Sewer $ 184,050 $ 184,050 Monumentation $ 5,000 $ 5,000 Standard 10% Contingency $ 32,206 $ 32,206 Professional Fees, Design 10% $ 32,206 $ 32,206 Professional Fees, Construction 10% $ 32,206 $ 32,206 TOTALI $418,676 1 $418,676 (b) Other (Specify type and amount): No other security. For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor's Improvement Security. 3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Assumption. 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. F220 -2- 29 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 JON MCMILLEN, CITY MANAGER Date City of La Quinta, California ATTEST: MONIKA RADEVA, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California ASSIGNOR: Global Development and Building, LLC 77622 Country Club Drive, Suite N Ralm Deserf,-CA,9,2,2 A) Its: ASSIGNEE: MMHP 2023, LLC 136 N. Grand Ave., #262 West Covina, C 91791 (b4__ Print Name / Title: ® W/V 5- �-- K�N \/-�C Print Name / Title: Date Date 5~ / L"L Date Date F220 -3- 30 CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TKE ENGINEERING TO PROVIDE ON -CALL TRAFFIC ENGINEERING SERVICES RECOMMENDATION Approve Agreement for Contract Services with TKE Engineering to provide on -call traffic engineering services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY The City contracts for traffic engineer services to provide traffic operations, traffic signal system design, and development traffic review, which is an expertise Staff does not possess. TKE Engineering is best qualified to provide these services and was selected through the competitive Request for Proposals (RFP) process completed in June 2023. FISCAL IMPACT There are funds available in the FY 2023/24 operating budget for contract traffic engineer services (Account No. 101-7006-60144). This contract could cost up to $200,000 annually, or $600,000 during the initial three-year term, and up to $400,000 if the term is extended for two additional years, for a total not to exceed amount of $1 million. The following is the proposed annual budget for both the initial and extended terms for on -call traffic engineering services: Initial Term: Budget FY 2023/24 $ 200,000 FY 2024/25 $ 200,000 FY 2025/26 $ 200,000 Possible Extended Term: FY 2026/27 $ 200,000 FY 2027/28 $ 200,000 TOTAL: $1,000,000 31 BACKGROUND/ANALYSIS In May 2023, the City published a RFP for on -call traffic engineering services and received six proposals. The review panel interviewed three of the firms, including TKE Engineering, Inc., Willdan Engineering, and STC Traffic, Inc. TKE Engineering was selected as the most qualified firm to provide these services. The City's on -call traffic engineering consultant will provide on -call traffic operations, traffic signal system design, and development traffic review. The City elects to contract for this service to access this expertise on an on -call basis. This consultant provides expertise that Staff does not have. ALTERNATIVES Council may elect not to approve or to modify the proposed agreement. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Agreement for Contract Services with TKE Engineering 32 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 TKE Engineering, a Corporation, etc., with a place of business at 73993 Highway 111, Suite 201 Palm Desert, CA, 92260 ("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 on -call traffic engineering, 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, 33 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 34 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) 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_ 35 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 July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. _4_ 36 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) TKE Engineering, Inc. 73993 Highway 111, Suite 201 Palm Desert, CA, 92260 ATTN: Terry Renner (b) TKE Engineering 73993 Highway 111, Suite 201 Palm Desert, CA, 92260 ATTN: Steve Ledbetter 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 Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any -5- 37 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 _6_ 38 be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification shall indemnify, protect, defer and any and all of its officers, F" ("Indemnification") which is a part hereof. To the fullest extent permitted by law, Contracting Party d (with counsel selected by City), and hold harmless City employees, agents, and volunteers as set forth in "Exhibit incorporated herein by this reference and expressly made 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 -7- 39 (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, 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. -$ 40 The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 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. -9 41 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 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 -10- 42 Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contractina Partv. 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 -11- 43 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 TKE ENGINEERING, INC. Attention: Attention: Terry Renner 78495 Calle Tampico 73993 Highway 111, Suite 201 La Quinta, California 92253 Palm Desert, CA, 92260 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. -12- 44 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -13- 45 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -14- 46 Exhibit A Scope of Services SCOPE OF SERVICES: 1. Provide technical support, prepare plan sheets (in Bluebeam), and stamp design plans as Engineer of Record for traffic signal or signing and striping modifications. 2. Prepare work orders for signing, striping, and traffic signal changes including diagrams to clarify the work that must be performed. 3. Perform concept and feasibility studies of intersection and street design alternatives including preparing preliminary design reports. This includes drafting and computer aided drafting support. 4. Prepare final plans (in Bluebeam on plan sheets), specifications, record drawing, utility, or other searches, cost estimates (opinions of construction cost), and other design related documents. Review and recommend award of construction contracts. This includes preparing record ("as built") drawings upon completion of construction. Be Engineer of Record on plans. 5. Collect data and prepare traffic capacity/level of service analyses for intersections and street segments. 6. Collect and analyze data needed for grant applications. 7. Prepare public transit service feasibility and modification studies. 8. Collect data and prepare traffic signal and stop sign warrant analysis as well as updating speed surveys for posting speed limits and curve advisory signs. 9. Monitor the Traffic Management Center, implement traffic timing in coordination with the CV Sync system, and solve communication problems. Monitoring traffic flow from the live feed of the video cameras and adjusting timing to respond to traffic incidents impacting traffic flow on the city's most heavily traveled corridors. 10. Monitor the traffic flow during special events and coordinate timing changes as needed. 11. Research equipment specs and obtain bids, process purchase orders, and coordinate the repair of traffic signal equipment with and without warranty coverage. 12.Assist with citizen requests, especially those which require collecting and analyzing data for traffic calming requests. Conduct neighborhood traffic management charrettes and/or studies as needed. Exhibit A Page 1 of 5 Last revised summer 2014777 13. Provide technical input to city staff with signing and striping changes, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data and other work performed by City staff, including crafting responses to citizen complaints or media requests. 14. Respond to data and other requests from Caltrans, Coachella Valley Association of Governments, Riverside County Transportation Commission, Riverside County, agencies such as Indio, Palm Desert, Indian Wells, SunLine Transit and others. 15. Review work zone traffic plans for capital improvement projects, utility projects, and developer projects and advise City on potential issues. 16. Update City with new California edition - Manual of Uniform Traffic Control Device standards for traffic control devices which may need be implemented/updated. 17. Prepare and present education and safety training. 18. Process data from connected and autonomous vehicles and other sources to provide real time data to members of the public. 19.Adjust signal timing based on real time data. 20.Attend monthly coordination and other project meetings as necessary. 21. Individual Project Task Order: Upon request by City, Consultant will submit for City review an individual project proposal including all information required to complete a Task Order for the individual project.. Tasks will be listed in chronological order reflecting the entire scope of work as requested by City, along with an estimated cost per task and a combined total not - to -exceed cost. Proposals will contain the names and titles of Consultant's personnel assigned to perform the work and specifically identify the individual who will be the Project Manager. Proposals will contain a project schedule indicating the various tasks and estimated time required to complete each task. Consultant's project schedule 22. Knowledge and skills in operating the following OS systems: a. Kinetics - Traffic Management Software b. Q Free Intelite Controllers/Software c. Econolite Controllers d. Genetec Security Desk — Basic Operator Exhibit A Page 2of5 48 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 Exhibit A Page 3 of 5 49 works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 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 Exhibit A Page 4 of 5 50 Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 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 5 of 5 51 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Thousand Dollars per year ($200,000) per year for the life of the Agreement, encompassing the Initial and any Extended Terms ("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 rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to exceed" Year 1: $200,000.00 "Not to exceed" Year 2: $200,000.00 "Not to exceed" Year 3: $200,000.00 Possible Extended Term: "Not to exceed" Year 4: $200,000.00 "Not to exceed" Year 5: $200,000.00 Exhibit B Page 1 of 2 52 Page 126 SECTION 3 1 COMPLETE PRICING LIST (FEE SCHEDULE) ,-, IE ENGINEERING, INC. RATE SCHEDULE 2022- 2023 HOURLY RATE Principal in Charge.................................................................................... $175.00 Project Manager/Construction Manager/Licensed Surveyor ......................... $165.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker ........................ $155.00 Assistant Project Manager/Associate Engineer ............................................ $145.00 Assistant Engineer/Plan Checker/Designer.................................................. $135.00 AutoCAD Technician.................................................................................. $125.00 Engineering Technician.............................................................................. $ 90.00 Clerical................................................................................................... $ 85.00 Forensic Engineering................................................................................. $250.00 Expert Witness Testimony........................................................................ $350.00 SURVEYING SERVICES 2-Man Survey Crew (Prevailing Wage) ........................................................ $240.00 CONSTRUCTION SERVICES Senior Construction Inspector (Prevailing Wage) ......................................... $120.00 Construction Inspector (Prevailing Wage) .................................................... $110.00 REIMBURSABLE COSTS In-house Reproduction.............................................................................. Cost Printing and Materials................................................................................ Cost + 10% Express Mail/Courier/Next Day Service ...................................................... Cost + 10% Special Subconsultant Services................................................................. Cost + 10% Revised June 2022 Request for Proposals: On -Call Traffic Engineering Services City of La Ouinta N Exhibit B 5 Page 2of2 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. Exhibit C Page 1 of 1 54 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 55 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 5 56 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. 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. Exhibit E Page 2 of 5 57 Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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 Exhibit E Page 3 of 5 58 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 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 Exhibit E Page 4 of 5 59 any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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 5 of 5 60 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 61 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 2 of 2 62 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA T11) APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH NV5, INC AND MSA CONSULTING FOR ON -CALL SURVEYING SERVICES RECOMMENDATION Approve Agreements for Contract Services with NV5, Inc. and MSA Consulting for on -call surveying services; and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY Capital improvement projects often require surveying services, which necessitate skilled specialists. NV5 Inc. and MSA Consulting are best qualified to provide on -call surveying services and were selected through the competitive Request for Proposals (RFP) process completed in June 2023. Each agreement would be approved for an amount not to exceed $200,000 per year for an initial three-year term, with an optional two-year extended term, which provides the flexibility to use one or both firms depending on work demand. FISCAL IMPACT Both agreements combined could cost up to $200,000 annually, or $600,000 during the initial three-year terms, and up to $400,000 if the term is extended for two additional years, for a total not to exceed amount of $1 million. Funds are available in the Capital Improvement Project (CIP) technical account for these services (401-0000-60108). The total amount budgeted for FY 2023/24 is $200,000 for these services; Staff cannot exceed the $200,000 budget without Council approval. The following is the proposed annual budget for both the initial and extended terms for on -call survey services: Initial Term: Budget FY 2023/24 $ 200,000 FY 2024/25 $ 200,000 FY 2025/26 $ 200,000 Possible Extended Term: FY 2026/27 $ 200,000 FY 2027/28 $ 200,000 TOTAL: $1,000,000 63 BACKGROUND/ANALYSIS In May 2023, the City published a RFP for on -call surveying services and received nine proposals. The selection committee reviewed the proposals and both NV5, Inc. and MSA Consulting were selected as the top ranked firms based on qualifications and cost efficiency; the proposed agreements are enclosed as Attachments 1 and 2 respectively. The contract authority would allow Staff to utilize either consultant for the full not to exceed budget of $200,000; the monthly invoices would be tracked to ensure that the $200,000 annual budget for these services is not exceeded. Staff requests this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments. RNATIVES Council may elect not to approve or to modify either agreement. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Agreement with NV5, Inc. 2. Agreement with MSA Consulting 64 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 NV5, Inc., a Corporation, etc., with a place of business at 42-829 Cook Street, Suite 104, Palm Desert, CA 92211 ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to on -call survey, 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 65 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- 66 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) 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. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and MSA Consulting, Inc. of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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. -3- 67 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for -4- 68 two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) NV5, Inc. 42-829 Cook Street Suite 104 Palm Desert, CA, 92211 ATTN: Jay Fahrion (b) NV5, Inc. 42-829 Cook Street Suite 104 Palm Desert, CA, 92211 ATTN: Mike Stvs, GISP 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 Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers -5- 69 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 (" PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory -6- 70 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. 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- 71 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, 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 -8- 72 changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 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 -9- 73 Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 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 -10- 74 termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contractina Partv. 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 -11- 75 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: 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: 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. -12- 76 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of -13- 77 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] -14- 78 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 CONTRACTING PARTY: By: Name: Mike Stys, GISP Title: Sr. Vice President, Geomatics O Officer By:_ Name: Title: ns -15- 79 Exhibit A Scope of Services SCOPE OF SERVICES: Survey Control — will be sufficiently marked and will be preserved and protected, monuments protected or replaced as needed. • Right of Way and Monuments — Right of way survey, Prepare legals and plats, record of survey, prepare and provide corner records. Topographic Survey and Base Mapping - Design Topographic Survey and Base Mapping Research and assemble survey records to establish locations of street centerlines, street rights -of -way, and easements. Perform either an aerial topographic and/or field survey of the project area to provide sufficient level of detail required for precise design, develop cross sections, and provide accurate quantities. All centerline monuments shall be located, and survey information shall extend a minimum of 10-feet beyond the street right-of-way. Survey data will include, but not be limited to, trees over 2-inches in diameter, buildings, walkways, sidewalks, access ramps, driveways, curbs, gutters, cross gutters, edge of pavement, asphalt berms, fire hydrants, water valves, manholes, water meters, signs, streetlights, power poles, mailboxes, walls, fences, structures, traffic signal poles, and all other visible features. Clearing/Removals — one set of reference stakes or marks at 200-foot intervals on tangent line and 100 feet on curves will be set along the limits of the construction area or Right -of -Way for clearing purposes. Rough Grade — (A) One set of grid stakes at 50-foot intervals. Stakes will indicate cut or fill to finish grade as shown on approved mass grading plan. (B) One set of stakes at 25-foot intervals and all angle points with appropriate cut or fill. (C) Provide one set of offset stakes for sidewalks at 25-foot intervals, grade breaks and angle points with cut or fill to finish surface. Finish Grade — (A) Provide one set of stakes to delineate at 25-foot intervals and all angle points with appropriate cut or fill. (B) Provide one set of offset stakes for sidewalk at 25-foot intervals, grade breaks and angle points with grades to finish surface. (C) Provide one Blue Top for building pad. Stake to be set at pad grade. (D) Pad Certifications — prior to construction of improvements, provide inspection services necessary to provide certification of pad grade as shown on the approved grading plan. • Retaining/Garden Wall — Provide one set of offset, line and grade stakes for Exhibit A Page 1 of 5 Last revised summer 20�� wall construction set at 50-foot intervals with appropriate cut or fill to top of footing. • Bridge Structures — Provide one set of stakes for foundation layout and deck grades. • Entrance Structures — Provide one set of stakes with appropriate cut or fill for the construction of entrance structures. • Building Foundations — Provide one set of stakes at an offset of 10' x 10' to the building corners, one stale per corner with grades to the finish pad. • Water, Sewer, Storm Drain, or Irrigation Lines —Provide one set of offset stakes at 50-foot intervals with grades to finish surface. • Drainage Boxes — Provide one set of stakes at a 5-foot offset to centerline of box with grades to top of grate. • Tree Locations — Provide one stake at centerline of each tree location. • Project Administration — The Surveyor of Work shall be available during the length of the project to address any questions or concerns which may arise. Three sets of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of receipt of the "Staking Request" for the said work. • Office Calculations — Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Exhibit A Page 2of5 81 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 3 of 5 82 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 4 of 5 83 (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 5 of 5 84 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Thousand Dollars per year ($200,000) per year for the life of the Agreement, encompassing the Initial and any Extended Terms ("Contract Sum"). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and MSA Consulting, of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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 rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to exceed" Year 1: $200,000.00 "Not to exceed" Year 2: $200,000.00 "Not to exceed" Year 3: $200,000.00 Possible Extended Term: "Not to exceed" Year 4: $200,000.00 "Not to exceed" Year 5: $200,000.00 Exhibit B Page 1 of 2 85 NV5, INC. City of La Quinta 2023 Rate Schedule Technical Services Engineering Aide/Planning Aide................................................................................................. $55.00/hour ProjectAssistant.............................................................................................................................. $70.00/hour Project Administrator..................................................................................................................... $85.00/hour CADD Technician I....................................................................................................................... $90.00/hour CADD Technician II................................................................................................................... $110.00/hour CADDTechnician III.................................................................................................................. $115.00/hour Senior CADD Technician/Designer......................................................................................... $120.00/hour DesignSupervisor......................................................................................................................... $130.00/hour Professional Field: Junior Engineer/Planner/Surveyor............................................................................................. $75.00/hour Assistant Engineer/Planner/Surveyor...................................................................................... $100.00/hour Associate Engineer/Planner/Surveyor..................................................................................... $115.00/hour Senior Engineer/Planner/Surveyor........................................................................................... $150.00/hour Manager.......................................................................................................................................... $185.00/hour StructuralEngineer....................................................................................................................... $150.00/hour Associate......................................................................................................................................... $165.00/hour Principal.......................................................................................................................................... $210.00/hour Prevailing Wages Surveying 1-Person Survey Crew................................................................................................................... $170.00/hour 2-Person Survey Crew.................................................................................................................. $275.00/hour Non —Prevailing Wages Surveying 1-Person Survey Crew.................................................................................................................. $135.00/hour 2-Person Survey Crew.................................................................................................................. $200.00/hour SurveyManager............................................................................................................................. $185.00/hour Expenses: Plotting and In-house Reproduction.............................................................................................. 1.15 x Cost Subsistence.......................................................................................................................................... 1.15 x Cost Other Expenses — Including Subconsultants & Purchased Services through Subcontracts. 1.15 x Cost Mileage — Outside local area........................................................................................... Per accepted IRS rate Rates based on "Prevailing Wage" for Construction Management and Surveying will be determined by Project and County per California Law. Prevailing Wages rates may require adjustment based upon new rate determination by the Department of Industrial Relations. All other rates are effective through June 30, 2024. If contract assignment extends beyond that date, a new rate schedule may be added to the contract. Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. Project Schedule: The following is the Project Schedule for the following types of survey work. • Construction Staking • Design Survey • Legal Description and Plat Construction Staking • Day 1 Notice -to -Proceed (NTP): Attain approved drawings and CADD file from the City. • Day 2 Set -Up Project: Prepare cut sheets for field work) • Days 3-4 Construction Staking: Provide Construction Staking for the project. • Day 5 Cut Sheets and Staking Report: Deliver cut sheets and staking report to the City. Design Survey • Day 1 Notice -to -Proceed: Research local records for survey control. • Day 2 Set -Up Project: Set up project for Survey Crew. • Day 3 Field Survey: Survey Crew to provide field survey and data back to office. • Days 4-6 Field Survey: Map field survey, provide survey information to City in CADD format. Prepare and process corner record if necessary. Legal Description and Plat • Day 1 Notice -to -Proceed (NTP): Review information provided by city (supporting documents and title report) • Day 2-4 Legal Description and Plat: Prepare legal description and plat send to City for review • Day 5 Sign and Seal Documents: Sign and seal documents, then deliver to the City Exhibit C Page 1 of 1 87 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 IF; Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 5 89 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. 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. Exhibit E Page 2 of 5 .o Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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 Exhibit E Page 3 of 5 91 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 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 Exhibit E Page 4 of 5 92 any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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 5 of 5 93 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 94 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 2 of 2 95 M. ATTACHMENT 2 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and MSA Consulting, Inc., a Corporation, with a place of business at 34200 Bob Hope Drive Rancho Mirage, CA 92270 ("Contracting Party"). The parties hereto agree as follows: 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 on -call survey, 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, 97 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- 98 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) 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. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and NV5, Inc. of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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. -3- 99 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for -4- 100 two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) MSA Consulting, Inc. 34200 Bob Hope Drive Rancho Mirage, CA 92270 ATTN: Luke Beverly (b) MSA Consulting, Inc. 34200 Bob Hope Drive Rancho Mirage, CA 92270 ATTN: Julian A. De La Torre, P.E., 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 Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 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 _g_ 102 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. 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. _7 103 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, 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 -$ 104 changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 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 -g 105 Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 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 -10- 106 termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contractina Partv. 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: Julie Mignogna 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: MSA CONSULTING, INC. Attention: Luke Beverly 34200 Bob Hope Drive Rancho Mirage, CA 92270 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. -12- 108 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: Exhibit A Scope of Services SCOPE OF SERVICES: Survey Control — will be sufficiently marked and will be preserved and protected, monuments protected or replaced as needed. • Right of Way and Monuments — Right of way survey, Prepare legals and plats, record of survey, prepare and provide corner records. Topographic Survey and Base Mapping - Design Topographic Survey and Base Mapping Research and assemble survey records to establish locations of street centerlines, street rights -of -way, and easements. Perform either an aerial topographic and/or field survey of the project area to provide sufficient level of detail required for precise design, develop cross sections, and provide accurate quantities. All centerline monuments shall be located, and survey information shall extend a minimum of 10-feet beyond the street right-of-way. Survey data will include, but not be limited to, trees over 2-inches in diameter, buildings, walkways, sidewalks, access ramps, driveways, curbs, gutters, cross gutters, edge of pavement, asphalt berms, fire hydrants, water valves, manholes, water meters, signs, streetlights, power poles, mailboxes, walls, fences, structures, traffic signal poles, and all other visible features. Clearing/Removals — one set of reference stakes or marks at 200-foot intervals on tangent line and 100 feet on curves will be set along the limits of the construction area or Right -of -Way for clearing purposes. Rough Grade — (A) One set of grid stakes at 50-foot intervals. Stakes will indicate cut or fill to finish grade as shown on approved mass grading plan. (B) One set of stakes at 25-foot intervals and all angle points with appropriate cut or fill. (C) Provide one set of offset stakes for sidewalks at 25-foot intervals, grade breaks and angle points with cut or fill to finish surface. Finish Grade — (A) Provide one set of stakes to delineate at 25-foot intervals and all angle points with appropriate cut or fill. (B) Provide one set of offset stakes for sidewalk at 25-foot intervals, grade breaks and angle points with grades to finish surface. (C) Provide one Blue Top for building pad. Stake to be set at pad grade. (D) Pad Certifications — prior to construction of improvements, provide inspection services necessary to provide certification of pad grade as shown on the approved grading plan. • Retaining/Garden Wall — Provide one set of offset, line and grade stakes for Exhibit A Page 1 of 5 Last revised summer 2Q1� wall construction set at 50-foot intervals with appropriate cut or fill to top of footing. • Bridge Structures — Provide one set of stakes for foundation layout and deck grades. • Entrance Structures — Provide one set of stakes with appropriate cut or fill for the construction of entrance structures. • Building Foundations — Provide one set of stakes at an offset of 10' x 10' to the building corners, one stale per corner with grades to the finish pad. • Water, Sewer, Storm Drain, or Irrigation Lines —Provide one set of offset stakes at 50-foot intervals with grades to finish surface. • Drainage Boxes — Provide one set of stakes at a 5-foot offset to centerline of box with grades to top of grate. • Tree Locations — Provide one stake at centerline of each tree location. • Project Administration — The Surveyor of Work shall be available during the length of the project to address any questions or concerns which may arise. Three sets of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of receipt of the "Staking Request" for the said work. • Office Calculations — Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Exhibit A Page 2of5 113 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 3 of 5 114 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 4 of 5 115 (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 5 of 5 116 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Thousand Dollars per year ($200,000) per year for the life of the Agreement, encompassing the Initial and any Extended Terms ("Contract Sum"). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and NV5, Inc., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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 rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to exceed" Year 1: $200,000.00 "Not to exceed" Year 2: $200,000.00 "Not to exceed" Year 3: $200,000.00 Possible Extended Term: "Not to exceed" Year 4: $200,000.00 "Not to exceed" Year 5: $200,000.00 Exhibit B Page 1 of 2 117 City of La Quinta - RFP for On -Call Survey Services (P1666) May 23, 2023 1 Page 15 PRICING AND PROJECT ORGANIZATION FEE SCHEDULE & COMPLIMENTARY SERVICES CURRENT HOURLY BILLING RATES April 1, 2023 CLASSIFICATION HOURLY RATES Principal Engineering Services PrincipalEngineer...................................................................................................................................................................$250.00 Planning Services Directorof Planning.................................................................................................................................................................. 240.00 Planner/ Designer................................................................................................................................................................... 170.00 Planner/ Project Manager....................................................................................................................................................... 155.00 CADDTechnician..................................................................................................................................................................... 140.00 AssistantPlanner..................................................................................................................................................................... 130.00 Environmental Services Director of Environmental Services.......................................................................................................................................... 210.00 Environmental Planner / GI Specialist.................................................................................................................................... 170.00 EnvironmentalPlanner............................................................................................................................................................. 140.00 Assistant Environmental Planner............................................................................................................................................. 130.00 Landscape Architecture Services StudioDirector - Landscape.................................................................................................................................................... 220.00 Senior Project Architect - Landscape...................................................................................................................................... 190.00 Senior Project Manager- Landscape...................................................................................................................................... 180.00 Senior Project Designer - Landscape...................................................................................................................................... 175.00 ProjectArchitect - Landscape................................................................................................................................................. 165.00 ProjectManager - Landscape................................................................................................................................................. 170.00 ProjectDesigner - Landscape................................................................................................................................................. 155.00 Associate Project Manager- Landscape................................................................................................................................. 150.00 Associate Project Designer- Landscape................................................................................................................................. 145.00 CADDDesigner - Landscape.................................................................................................................................................. 135.00 AdministrativeAssistant........................................................................................................................................................... 110.00 Survey Services Directorof Surveying and Mapping.......................................................................................................................................... 220.00 SurveyManager....................................................................................................................................................................... 200.00 SurveyProject Manager...........................................................................................................................................................................200.00 SeniorSurveyor....................................................................................................................................................................... 185.00 Chiefof Parties....................................................................................................................................................................... 180.00 SurveyTechnician II............................................................................................................................................................... 170.00 SurveyTechnician I................................................................................................................................................................. 140.00 One -Man Survey Crew (Field).................................................................................................................................................. 180.00 One -Man Survey Crew (Prevailing Wage)................................................................................................................................ 200.00 Two -Man Survey Crew............................................................................................................................................................. 285.00 Two -Man Survey Crew (Prevailing Wage)................................................................................................................................ 315.00 Three -Man Survey Crew.......................................................................................................................................................... 365.00 Three -Man Survey Crew (Prevailing Wage)............................................................................................................................. 400.00 Utility Services / Construction Administration UtilityManager......................................................................................................................................................................... 180.00 UtilityCoordinator................................................................................................................................................................... 165.00 CADDTechnician..................................................................................................................................................................... 140.00 Engineering Services Directorof Design Services...................................................................................................................................................... 240.00 SeniorProject Manager........................................................................................................................................................... 240.00 ProjectManager....................................................................................................................................................................... 210.00 AssociateProject Manager...................................................................................................................................................... 190.00 SeniorProject Engineer........................................................................................................................................................... 190.00 ProjectEngineer...................................................................................................................................................................... 180.00 SeniorDesigner....................................................................................................................................................................... 175.00 CADDDesigner....................................................................................................................................................................... 150.00 CADDTechnician.................................................................................................................................................................... 140.00 AssistantProject Manager....................................................................................................................................................... 115.00 Administrative Services AdministrativeAssistant........................................................................................................................................................... 110.00 The above rates include all labor, materials, and incidental expenses such as vehicle mileage, postage, toll calls, and survey materials. Not included are reproduction costs, title company charges, special mailing charges, application, filing or permit fees or survey monuments. 34200 Bob Hope Drive, Rancho Mirage, CA 92270 1 760.320.9811 1 msaconsultinging.lfm Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. Exhibit C Page 1 of 1 119 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 120 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 5 121 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. 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. Exhibit E Page 2 of 5 122 Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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 Exhibit E Page 3 of 5 123 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 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 Exhibit E Page 4 of 5 124 any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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 5 of 5 125 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 2 126 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 2 of 2 127 128 CONSENT CALENDAR ITEM NO. 7 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH LANDMARK CONSULTANTS, INC AND CONVERSE CONSULTANTS FOR ON -CALL MATERIALS TESTING SERVICES RECOMMENDATION Approve Agreements for Contract Services with LandMark Consultants, Inc. and Converse Consultants for on -call materials testing services; and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY • Materials testing services are often needed for construction projects and require a laboratory and skilled specialists. • Land Mark Consultants, Inc. (Land Mark) and Converse Consultants (Converse) are best qualified to provide on -call materials testing services and were selected through the competitive Request for Proposals (RFP) process completed in June 2023. Each agreement would be approved for an amount not to exceed $200,000 per year for an initial three-year term, and an optional two-year extended term, which provides flexibility to use one or both firms depending on work demand. FISCAL IMPACT Both agreements combined could cost up to $200,000 annually, or $600,000 during the initial three-year terms, and up to $400,000 if the term is extended for two additional years, for a total not to exceed amount of $1 million. Funds are available in the Capital Improvement Project (CIP) technical account for these services (401-0000-60108). The total amount budgeted for FY 2023/24 is $200,000 for these services; Staff cannot exceed the $200,000 budget without Council approval. The following is the proposed annual budget for both the initial and extended terms for on -call materials testing services: Initial Term: Budget FY 2023/24 $ 200,000 FY 2024/25 $ 200,000 FY 2025/26 $ 200,000 Possible Extended Term: FY 2026/27 $ 200,000 FY 2027/28 $ 200,000 TOTAL: $1,000,000 129 BACKGROUND/ANALYSIS In May 2023, the City published a RFP for on -call materials testing services and received eight proposals. The selection committee reviewed the proposals and both LandMark and Converse were selected as the top ranked firms based on qualifications and cost efficiency; the proposed agreements are enclosed as Attachments 1 and 2 respectively. The contract authority would allow Staff to utilize either consultant for the full not to exceed budget of $200,000 each year; the monthly invoices would be tracked to ensure that the $200,000 annual budget for these services is not exceeded. Staff requests this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments. I TERNATIVES Council may elect not to approve or to modify either agreement. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Agreement with LandMark Consultants 2. Agreement with Converse Consultants 130 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 Landmark Consultants, a Corporation, etc., with a place of business at 77948 Wildcat Drive Palm Desert, CA, 92211 ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to on -call materials testing, 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, 131 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. -2 132 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) 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. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Converse Consultants, Inc. of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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. _g 133 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for -4- 134 two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Landmark Consultants, Inc. 77948 Wildcat Drive Palm Desert, CA, 92211 ATTN: Greg Chandra, PE 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 Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved _5 135 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. _g 136 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- 137 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. -$ 138 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 139 as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by 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 LANDMARK CONSULTANTS, INC. Attention: Attention: Greg Chandra, PE 78495 Calle Tampico 77948 Wildcat Drive La Quinta, California 92253 Palm Desert, CA, 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. -12- 142 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -14- 144 Exhibit A Scope of Services SCOPE OF SERVICES: Consultant shall provide equipment, services, and products to be rendered in performing all designated work associated which may include, but is not limited to, performing the following intermittent observation and testing services: 2. Provide a qualified technician as necessary to conduct density tests on roadway sub -grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered, including Marshall density tests on the asphaltic concrete. 3. Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete dip section, foundations, and other minor concrete. 4. Provide a Caltrans certified technician and laboratory to perform tests on federally funded projects. 5. Perform compression strength tests in accordance with ASTM C39. 6. Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic concrete. 7. Perform R Value Testing of street subgrade and recommend a pavement section based on the results of the test. 8. Reporting of any Non -Compliance results of materials to the City within twenty- four (24) hours from the time of sampling. 9. Provide geotechnical reports and recommendations. Work may include soil samples, pavement cores, percolation tests, pavement recommendations, etc. Exhibit A Page 1 of 4 Last revised summer 2Q47 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 2 of 4 146 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 3 of 4 147 (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 4 of 4 148 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Thousand Dollars per year ($200,000) per year for the life of the Agreement, encompassing the Initial and any Extended Terms ("Contract Sum"). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Converse Consultants, Inc., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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 rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to exceed" Year 1: $200,000.00 "Not to exceed" Year 2: $200,000.00 "Not to exceed" Year 3: $200,000.00 Possible Extended Term: "Not to exceed" Year 4: $200,000.00 "Not to exceed" Year 5: $200,000.00 Exhibit B Page 1 of 3 149 Landmark Consultants, Inc. 2023/2025 Standard Fee Schedule PROFESSIONAL RATES MATERIALS TESTING EQUIPMENT -FIELD (HOURLY) (DAILY RATES) Principal/Geotechnical Engineer S230 Swiss Hammer (Concrete) $75 Senior Engineer $210 Masonry Mortar Penetrometer S75 Project Engineer $185 Vibrating Probe (Concrete) S90 Staff Engineer S 165 Generator S 150 Assistant Engineer $150 Coring Machine S150 Operations Manager $150 2" Diamond Bit/Core $40 Senior Geologist $210 3" Diamond Bit/Core $50 Project Geologist S185 4" Diamond Bit/Core S60 Staff Geologist $165 6" Diamond Bit/Core S80 * $25/hr added for all investigative work with legal (court) cases. 8" Diamond Bit/Core $100 $100/hr added for all depositions/court appearances w/ 4-hr. min Rebar Locator (R-Meter) S85 TECHNICAL RATES (*) COMPACTION CURVES Testing Technician-(Concrete/Masonry/Soils/Asphalt) $99.00 Relative Compaction (CAL 216) S250 Special Inspector -(Masonry, Steel, Concrete, Welding & Bolt) $105.00 Standard 4" Mold, D698 Method A S200 Laboratory Technician $95.00 Standard 6" Mold, D698 Method B,C,D $225 Admin. Support Staff $80 Modified 4" Mold, D1557 Method A $250 Drafting SIM Modified 6" Mold, D1557 Method B,C,D $275 Copies of Reports (Min) S75 Relative Density $450 Relative Compaction $250 $25/hr added for all Testing/Laboratory Technician for PW rate * S22.5/hr added for all Special Inspector for PW rate SOIL & AGGREGATE STABILITY EQUIPMENT/MATERIAL CHARGES R-Value (CAL 301) $330 CBR 100% Compaction $650 2 & 4 WD Vehicle (per mile) $0.95 Soil Cement, CTB, Mix Design $5,000 Tow -Behind Auger (per day) $150 CTB Compression Test S I M Truck Mounted Drilling (Flight Auger per hr.) $275 Soil -Lime Compression Test (Includes Prep) $750 Truck Mounted Drilling -(Prevailing Wage and Env. per hr.) $425 Per Diem Technicians/Inspectors (per day) S175 BASIC SOIL & AGGREGATE PROPERTIES Per Diem Drillers (per day) S350 Trip Charge (per day) $285 Sieve Analysis, Coarse & Fine Including Wash $140 Cone Penetrometer Mob $2.000 Sieve Analysis, Coarse (CAL 202) $125 Piezocone and Stratigraphic Plots (per ft.) S15 Sieve Analysis, Fine Including Wash $125 Resistivity, Piezocone Testing (per ft.) S15 #200 Wash (CAL 202) $90 Seismic Piezocone Testing (per ft.) $30 Sand Equivalent -Average of 3 (CAL 217) $105 Per Diem (CPT) S325 Plasticity Index (CAL 204) $185 Grouting (per ft.) $8 Expansion Index (UBC 29-2) $160 Dozers, Backhoe, Portable Auger, etc. $Cost+10% Moisture Determination and Unit Weight $50 2" diameter slotted PVC Piezometer $12 Moisture Determination Only $25 (w/filter sock & gravel pack per ft.) Permeability Test (Undisturbed Samples) (D5084) $400 8" diameter cast-iron Piezometer cover $50 Permeability Test (Remolded Samples) (D5084) $480 Hydrometer (Without Specific Gravity) $300 Corrosivity Series (Resistivity, Ph, Sulfates, Chlorides) $260 Construction Administration/Project Management: 20% of Field & Laboratory Subtotal 2 hrs minimum will be charged for all field work and thereafter in actual hours. An overtime premium of 1.5 times the standard rate will be charged for all personnel services periods in excess of 8 hrs per day or Saturday, and 2 times the standard rate for work in excess of 12 hrs per week day, in excess of 8 hrs on Saturday, and all day on Sunday or holidays. ICC inspection will be charged 4 hrs minimum Exhibit B Page 2 of 3 150 Landmark Consultants, Inc. 2023/2025 Standard Fee Schedule SHEAR STRENGTH & CONSOLIDATION TEST Unconfined Compression Direct Shear (3pt. Staged Test) Consolidation, Per load Increment w/ Time Rate Consolidation Test w/ Time Rate AGGREGATE QUALITY Organic Impurities (CAL 213) Specific Gravity and Absorption, Coarse Aggregate (CAL 206) Specific Gravity and Absorption, Fine Aggregate (CAL 207/208) Unit Weight (Average of 3) (CAL 212) Los Angeles Rattler Test-500 Revs (CAL 211) Los Angeles Rattler Test-1000 Revs (CAL 211) Sulfate Soundness 5 cycle test per primary size (C88) Mortar Making Properties of Sand (CAL 515) Potential Reactivity Test (ASTM C289) Cleanness Value Test (CAL 227) % Crushed Particles (CAL 205) Flat & Elongated Particles per screen size (D4791) Clay Lumps and Friable Particles (C142) Lightweight Pieces in Aggregate (C 123 ) Durability Index -Coarse or Fine (CAL 229) MASONRY Compression Test, Grout Prisms Compression Test, Mortar Cube/Cylinder Compression Test, Masonry Unit Compression Test, Masonry Prism (Grouted) Absorption and Received Moisture, Masonry Unit (Unit weight, 3 required) Grout or Mortar Specimen, Handled & Cured But Not Tested Bond Test (Shear) for grout/masonry interface (DSA) CONCRETE Concrete Mix Design or Review (Not Including Lab Test) Laboratory Trial Batch, Incl. Compression Testing of 6 Specimens Compression Test, Concrete Cylinder (CAL 521) Unit Weight of Concrete Cylinders (CAL 518) Flexural Strength, Concrete Beam (CAL 523) Compression Test, Gunite Compression Test on Cored Specimens Cylinder Molds (if not tested by Landmark) Drying Shrinkage Test, Set of 3 (CAL 537) Modulus of Elasticity of 6"x 12" Concrete Cylinder Splitting Tensile Strength Chloride Ion Determination (Water Soluble) ASPHALT $140 Agg. Corr. Factor Ignition (Lab Mix) $480 $380 Extraction %Bitumen (Reflux Method) -Inc. Shipping quote $130 %Bitumen (Ignition Oven /Gradation of Extracted Sample) $265 $450 Stabilometer Test on Premixed Sample (CAL 366) $420 Inc. Hveem Max. Density %Bitumen (Ignition Oven) (CAL 382) $150 Complete Design of Wearing Surface for a Given $110 Asphalt/Aggregate, Hveem (CAL 367) quote $85 Stability & Flow on Premixed Sample (Set of 3) $110 Inc. Marshall Max. Density $420 $75 Marshall Stability & Flow (Set of 4) Lab Mix $190 Inc. Marshall Max. Density $490 $210 Unit Weight of Asphalt Core (CAL 308) $55 $145 Max Density of Mix by Marshall/Hveem Method $240 $510 (Without Mixing) $990 Maximum Theoretical Specific Gravity (CAL 309) $210 $160 Maximum Theoretical Specific Gravity (ASTM D2041) $150 $125 Index of Retained Strength $950 $80 Tensile Strength Ratio (CAL 371) $1,250 $160 Tensile Stress Ratio $800 $330 Stripping (CAL 302) $200 $180 METALS Tensile, Up to'/4" (Not Including Machining Cost) $100 $35 Greater than'/4" $150 $35 Bend $100 $65 $150 WELDING QUALIFICATIONS- STRUCTURAL STEEL $85 (PHYSICAL TEST METHOD - ASTM, AWS, API, AISC) $33 * Visual Inspection $97 $110 * Magnetic Particle/Ultrasonic Testing $230 Operator Performance & Procedure Tests $110 Machining & Material Costs $85 Qualification Tests on Machined Coupons $200 $500 quote $35 $50 $110 $70 $70 $10 $500 $300 $95 $350 Exhibit B Page 3 of 3 151 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. Exhibit C Page 1 of 1 152 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 153 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 5 154 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. 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. Exhibit E Page 2 of 5 155 Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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 Exhibit E Page 3 of 5 156 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 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 Exhibit E Page 4 of 5 157 any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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 5 of 5 158 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 2 159 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 2 of 2 160 ATTACHMENT 2 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Converse Consultants, a Corporation, etc., with a place of business at 42280 Beacon Hill, Suite D-9 Palm Desert, CA, 92211("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to on -call materials testing, 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, 161 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. -2 162 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) 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. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Landmark Consultants, of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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. _g 163 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for -4- 164 two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party ("Principals") are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Converse Consultants, Inc. 42280 Beacon Hill, Suite D-9 Palm Desert, CA, 92211 ATTN: Hashmi Quazi (b) Converse Consultants, Inc. 42280 Beacon Hill, Suite D-9 Palm Desert, CA, 92211 ATTN: Antonio Maciel 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 Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers -5 165 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 (" PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory _g 166 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. 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. _7 167 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, 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 -$ 168 changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 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 -g 169 Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 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 -10- 170 termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contractina Partv. 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: 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: CONVERSE CONSULTANTS Attention: Hashmi Quazi, PE 42280 Beacon Hill, Suite D-9 Palm Desert, CA, 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. -12- 172 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -14- 174 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: Exhibit A Scope of Services SCOPE OF SERVICES: Consultant shall provide equipment, services, and products to be rendered in performing all designated work associated which may include, but is not limited to, performing the following intermittent observation and testing services: 2. Provide a qualified technician as necessary to conduct density tests on roadway sub -grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered, including Marshall density tests on the asphaltic concrete. 3. Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete dip section, foundations, and other minor concrete. 4. Provide a Caltrans certified technician and laboratory to perform tests on federally funded projects. 5. Perform compression strength tests in accordance with ASTM C39. 6. Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic concrete. 7. Perform R Value Testing of street subgrade and recommend a pavement section based on the results of the test. 8. Reporting of any Non -Compliance results of materials to the City within twenty- four (24) hours from the time of sampling. 9. Provide geotechnical reports and recommendations. Work may include soil samples, pavement cores, percolation tests, pavement recommendations, etc. Exhibit A Page 1 of 4 Last revised summer 2ff� 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 2 of 4 177 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 3 of 4 178 (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 4 of 4 179 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Thousand Dollars per year ($200,000) per year for the life of the Agreement, encompassing the Initial and any Extended Terms ("Contract Sum"). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Landmark Consultants., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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 rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to exceed" Year 1: $200,000.00 "Not to exceed" Year 2: $200,000.00 "Not to exceed" Year 3: $200,000.00 Possible Extended Term: "Not to exceed" Year 4: $200,000.00 "Not to exceed" Year 5: $200,000.00 Exhibit B Page 1 of 4 180 City of La Quinta RFP for On -Call Material Testing Services CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Geotechnical Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2026. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services (hourly rate including vehicle and equipment) Construction Inspector — ACIIICC and/or AWS/CWI certified (concrete, post -tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ............................... $140 DSAMasonry Inspector...........................................................................................................................................................140 Non -Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore, pull testing, torque testing, Schmidt hammer, and pachometer)..........................................................................................................145 Coating Inspector/Coring Technician.......................................................................................................................................150 Soils Technician (soil, base, asphalt concrete, and moisture emission testing).......................................................................140 SamplePick-Up.........................................................................................................................................................................50 Professional Services (consultation for field and office, if requested) StaffProfessional....................................................................................... Senior Staff Professional............................................................................ Project Professional................................................................................... ProjectManager......................................................................................... Senior Professional.................................................................................... Principal Professional................................................................................. Principal Consultant................................................................................... Laboratory Testing ......................................................... $140 ...........................................................150 ...........................................................160 ...........................................................170 ...........................................................170 ........................................................... 225 ........................................................... 235 LaboratoryTechnician...................................................................................................................................................... Per Test (see Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) LaboratorySupervisor.............................................................................................................................................................. $90 Office Support ClericalNVordProcessing......................................................................................................................................................... $85 Drafting....................................................................................................................................................................................... 85 CADOperator/Drafting Manager................................................................................................................................................90 Overtime and special shift rates for Field Services personnel are determined in accordance with Prevailing Wage law. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS milage rate per mile for company -owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, bonds, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. In the event Client fails to make any paymentto Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. AMAk Converse Consultants RV M:\JOBFILE\2023\81\23-81-194 City of La Quinta, On -Call Materials Testing Services\Proposal19-81-194_pro(30)on-call Pg. 24 Exhibit B 181 Page 2 of 4 City of La Quinta RFP for On -Call Material Testing Services CONVERSE CONSULTANTS Schedule of Fees — Geotechnical Laboratory Testing Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non -contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project. IDENTIFICATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM D2488...................................20.00 Engineering Classification, ASTM D2487 .........................25.00 Moisture Content and Dry (bulk) Density, ASTM D2216 and D2937.............................................25.00 Moisture Content, ASTM D2216..................................20.00 Shrinkage Limit, ASTM D4943..........................................85.00 Atterberg Limits, ASTM D4318 Several points............................................................150.00 OnePoint.....................................................................50.00 Particle Size Analysis, ASTM D6913 Fine Sieve, from +#200 to#4.....................................100.00 Coarse and Fine Sieve, from #200 to 3 in..................180.00 Hydrometer................................................................120.00 Percent Passing #200 Sieve, ASTM D1140 ......................80.00 Specific Gravity Fine, passing #4 sieve, ASTM D854..........................100.00 Coarse, retained on #4 sieve, ASTM C127................100.00 Sand Equivalent Test, ASTM D2419...............................120.00 Double Hydrometer Dispersion, ASTM D4221 ................150.00 COMPACTION AND BEARING STRENGTH Standard Proctor Compaction, ASTM D698 or ASTM D1557 Method A or B............................................................ 200.00 Method C, 6" mold......................................................210.00 California Impact Method, Caltrans 216..........................220.00 R-value, ASTM D2844 and CTM301...............................270.00 California Bearing Ratio (CBR), ASTM D1883 1 Point........................................................................530.00 3 Points......................................................................750.00 Relative Density 0.1 Cubic Foot Mold...................................................200.00 0.5 Cubic Foot Mold...................................................300.00 SHEAR STRENGTH TorvanefPocket Penetrometer .......................................... 25.00 Direct Shear QuickTest....................................................................75.00 Consolidated, Drained, granular soil, ASTM D3080........................................................220.00 Consolidated, Drained, fine grained soil, ASTM D3080........................................................260.00 Consolidated, Undrained, fine grained soil.................220.00 Residual Strength, per cycle........................................70.00 Remolded Specimens..................................................70.00 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) Unconfined Compression, ASTM D2166 ........................150.00 Unconsolidated, Undrained, ASTM D2850 .....................160.00 Consolidated, Undrained, per point................................700.00 Consolidated, Drained, per point....................................700.00 With Pore Pressure Measurement, per load...................150.00 Remolded Specimen.........................................................90.00 CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE (ASTM D4546) TESTS 8 Load Increments..........................................................250.00 Additional Load Increment................................................50.00 Time -Ratio, per load increment.........................................90.00 Single Point, collapse test.................................................90.00 Converse Consultants NZf M:\JOBFILE\2023\81\23-81-194 City of La Quinta, On -Call Materials Testing Services\Proposal19-81-194_pro(30)on-call pg. 25 Exhibit B 182 Page 3 of 4 Single Load Swell, ASTM D4546 Ring Sample, Field Moisture ......................................... 95.00 Ring Sample, Air Dried ................................................. 95.00 Remolded Sample.............................................................. 70.00 Expansion Index Test, UBC 29-2/ASTM D4829............... 130.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM D2434.......................................... 250.00 Falling Head Flexible Wall, ASTM D5084 ........................ 300.00 Triaxial Permeability, EPA 9100....................................... 350.00 Remolded Specimen.......................................................... 60.00 CHEMICAL TESTS Corrosivity (pH, resistivity, sulfates, chlorides) ................. 220.00 Organic Content, ASTM D2974........................................ 100.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through December 31, 2026. Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts -per -million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories. Contaminated sampleswill be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law. Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis. Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse. Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days, payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts. City of La Quinta RFP for On -Call Material Testing Services CONVERSE CONSULTANTS Schedule of Fees - Materials Laboratory Testing Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2026. AGGREGATES Moisture Content, ASTM D2216...............................................20.00 Particle Size Analysis Coarse, ASTM C136, each ................................................ 100.00 Coarse and Fine, ASTM C136 & C137), each .................. 180.00 Specific Gravity & Absorption Coarse Aggregate, ASTM C127........................................ 100.00 Fine Aggregate, ASTM C128............................................. 100.00 Unit Weight per Cubic Foot, ASTM C29 .............................. 75.00 Soundness, Sodium or Magnesium, ASTM C88, each ..... 550.00 Potential Alkali Reactivity, ASTM D289 ............................. 700.00 Freeze Thaw Soundness ................................................... 175.00 Los Angeles Abrasion, per class, ASTM C131, C535.......375.00 Sand Equivalent, ASTM D2419......................................... 180.00 Lightweight Particles, ASTM C123, each..........................300.00 Clay Lumps & Friable Particles, ASTM C142, each .......... 290.00 Stripping Test, ASTM D1664, each.....................................85.00 Organic Impurities, ASTM C40.......................................... 140.00 Durability........................................................................ By Quote CONCRETE TESTS Laboratory Trial Batch, ASTM C192................................... By Quote Laboratory Mix Design, Historical Data...............................By Quote Compression Test, 6"x12" Cylinder, ASTM C39, each.............45.00 Lightweight Concrete Compression........................................................................ 45.00 Unit Weight...........................................................................45.00 Specimen Preparation, Trimming or Coring, each .................... 60.00 Bond Strength, ASTM C321 Prepared by Converse....................................................... 250.00 Prepared by Others............................................................ 150.00 Core Compression Test, ASTM C12, each ............................... 80.00 Flexure Test, 6"x6" Beams, ASTM C78, each ........................ 130.00 Modulus of Elasticity, Static, ASTM C469, each.....................275.00 Length Change, ASTM C157, 3 bars, 5 readings each, up to 26 days...................................................................... 550.00 Splitting Tensile, 6"x12" Cylinders, each ................................. 110.00 Field Concrete Control (sampling, slump, temperature, cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate schedule, or each cylinder...................................................95.00 Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder...................................................95.00 Hold Cylinder............................................................................. 10.00 Cylinder Mold, sent to job site but not cast by Converse or returned to Converse............................................................. 5.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22) Moisture Content, as received, each ....................................... 105.00 Absorption, each........................................................................85.00 Compression, each....................................................................85.00 Shrinkage, ASTM C426, each.................................................250.00 Net Area and Volume, each......................................................25.00 Masonry Blocks, per set of 9................................................1,500.00 Masonry Core Compression, each .......................................... 125.00 Masonry Core Shear, each ..................................................... 180.00 Masonry Core Trimming, each ................................................ 150.00 Compression Test, grouted prisms, 8"x8"x16", each..............250.00 Compression Test, grouted prisms, 12"xl6"xl6", each .......... 425.00 Compression Test 2"x4" Mortar Cylinder, each ................................................. 45.00 3"x6" Grout Prisms, each ..................................................... 45.00 2" Cubes, ASTM C109, each...............................................45.00 Cast by Others........................................................................... 45.00 Mortar or Grout Mix Designs ............................................... By Quote FIREPROOFING TESTS Oven Dry Density, per sample .................................................. 70.00 Converse Consultants M:\JOBFILE\2023\81\23-81-194 City of La Quinta, On -Call Materials Testing Services\Proposall9-81-194_pro(30)on-call Pg. 26 Exhibit B 183 Page 4 of 4 MOISTURE EMISSION TEST Moisture Emission Test Kit ...................................................... 80.00 ASPHALTIC CONCRETE Stability, Flow, and Unit Weight, ASTM D6927..................... 500.00 Marshall ASTM D1559, ASTM D2726................................... 450.00 Measured Maximum Specific Gravity of Mix, ASTM D2041, Rice Method, each........................................................... 350.00 Void Analysis of Cores or Marshall Specimens, Calculations Only, ASTM D3203, set of 2 or 3.................. 60.00 Laboratory Mixing of Asphalt & Concrete, per sample............ 75.00 Complete Asphalt Concrete Mix Design Hveem or Marshall....................................................... By Quote Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each ............. 455.00 Extraction of Rubberized Asphalt & Gradation, each............ 350.00 Specific Gravity, ASTM D2726 or ASTM D1188 Uncoated............................................................................ 95.00 Coated.............................................................................. 125.00 Immersion-Compression........................................................ 650.00 Particle Coating, ASTM D2489................................................ 95.00 Stripping, ASTM D1664........................................................... 85.00 Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or By -Products ...................................................................... 350.00 Retained Strength, ASTM D1074/D1075, 6 specimens.... By Quote Retained Stability, Mil, Std, 520A, Method 104, 6 specimens................................................................. By Quote CBR, ASTM D1883, including MID Curve, 1 point ................ 400.00 Asphalt Temperature............................................................... 15.00 STRUCTURAL STEEL Tensile Test #9 Bar or Smaller, each ...................................... 60.00 Bend Test #9 Bar or Smaller, each ......................................... 60.00 Tensile Test #10 Bar or Greater, each .................................. 280.00 Tensile Test #14 Bar, each .................................................... 310.00 Rebar Coupler Tensile Test ................................................... 140.00 Tensile Test, Welded #9 Bar or Smaller, each ...................... 140.00 Tensile Test, Welded #10 Bar or Greater, each .................... 280.00 Tensile Test, Welded #14 Bar, each ..................................... 310.00 Tensile Test, Mechanically Spliced, #9 Bar or Smaller, each.................................................................................. 210.00 Tensile Test, Mechanically Spliced, #10 Bar or Greater, each.................................................................................. 350.00 HIGH STRENGTH BOLT, NUT, AND WASHER TESTING Wedge Tensile Test, A490 Bolts Under 100,000 lbs., each ................................................. 130.00 Over 100,000 lbs., each ................................................... 140.00 Wedge Tensile Test, A325 Bolts Under 100,000lbs., each ................................................. 160.00 Tensile Test, Anchor Bolts, tested with displacement transducers, each............................................................. 300.00 Nut Hardness, Proof & Cone Proof Load Test, each .............. 60.00 Washer Hardness, each.......................................................... 50.00 A325 or A490, Bolt Hardness Only, each ................................ 50.00 Bolt A325 or A490 Wedge Tensile Under 100,000 lbs. & Hardness, each ............................. 130.00 Over 100,000 lbs. & Hardness, each ............................... 170.00 Bolt, Nut & Washer, all tests per set with bolts Under 100,000 lbs ............................................................ 400.00 Over 100,000 lbs .............................................................. 500.00 See Schedule of Fees - Geotechnical Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse. Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. Exhibit C Page 1 of 1 184 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 185 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 5 186 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. 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. Exhibit E Page 2 of 5 187 Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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 Exhibit E Page 3 of 5 188 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 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 Exhibit E Page 4 of 5 189 any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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 5 of 5 190 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 2 191 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 2 of 2 192 CONSENT CALENDAR ITEM NO. 8 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH HERMANN DESIGN GROUP, INC FOR ON -CALL LANDSCAPE ARCHITECTURAL DESIGN SERVICES RECOMMENDATION Approve Agreement for Contract Services with Hermann Design Group, Inc., for on -call landscape architectural design services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • On -call professional landscape architectural design services assist Staff in streamlining delivery of turf conversion plans and other City landscape projects. Hermann Design Group is best qualified to provide these services and was selected through the competitive Request for Proposals (RFP) process completed in June 2023. FISCAL IIViri►L. i The Capital Improvement Project (CIP) design account funds landscape architectural design for individual CIP projects (401-0000-60185). This agreement could cost up to $200,000 annually, or $600,000 during the initial three-year term, and up to $400,000 if the term is extended for two additional years, for a total not to exceed amount of $1 million. The budget for all projects has a "not to exceed" total of $200,000 per year; Staff cannot exceed the $200,000 budget without Council approving additional funds. The following is the proposed annual budget for both the initial and extended terms for on -call landscape design services: Initial Term: Budget FY 2023/24 $ 200,000 FY 2024/25 $ 200,000 FY 2025/26 $ 200,000 Possible Extended Term: FY 2026/27 $ 200,000 FY 2027/28 $ 200,000 TOTAL: $1,000,000 193 BACKGROUND/ANALYSIS In May 2023, the City published a RFP for on -call landscape architectural design services and received seven proposals. The selection committee reviewed the proposals and ranked Hermann Design Group, Inc. as the most qualified firm to provide these services. The City's on -call professional landscape architectural design consultant will provide on - call landscape and irrigation support services for a variety of landscape improvements within its publicly owned right of way, including the upcoming SilverRock dust control project. This consultant provides expertise that Staff does not have. ALTERNATIVES Council may elect not to approve or to modify the proposed agreement. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Agreement for Contract Services with Hermann Design Group, Inc. 194 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 Hermann Design Group, a Corporation, etc., with a place of business at 77899 Wolf Road, Suite 102, Palm Desert, Ca 92211 ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to on -call landscape architectural design, 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. 195 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2 196 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) 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 _g_ 197 Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. -4- 198 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) Hermann Design Group, Inc. 77899 Wolf Road, Suite 102 Palm Desert, CA 92211 ATTN: Chris Hermann (b) Hermann Design Group, Inc. 77899 Wolf Road, Suite 102 Palm Desert, CA 92211 ATTN: Kristin Hermann 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 Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any -5- 199 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 _6_ 200 be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification shall indemnify, protect, defer and any and all of its officers, F" ("Indemnification") which is a part hereof. To the fullest extent permitted by law, Contracting Party d (with counsel selected by City), and hold harmless City employees, agents, and volunteers as set forth in "Exhibit incorporated herein by this reference and expressly made 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 -7- 201 (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, 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. _g_ 202 The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 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. -g 203 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 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 -10- 204 Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contractina Partv. 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 -11- 205 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 HERMANN DESIGN GROUP, INC. Attention: Attention: Chris Hermann 78495 Calle Tampico 77899 Wolf Road, Suite 102 La Quinta, California 92253 Palm Desert, CA 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. -12- 206 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -13- 207 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -14- 208 Exhibit A Scope of Services SCOPE OF SERVICES: Services and products associated with these on -call services may include, but may not be limited to: Attending meetings and preparing presentations and agenda reports for city advisory boards, commissions and the City Council when said meetings relate to projects covered by the contract; 2. Preparing feasibility studies for new, renovation, and alteration projects; 3. Preparing inventories of existing landscape conditions in publicly owned right of way; 4. Developing landscape themes and concept drawings which are consistent with the City's water conservation goals and objectives; 5. Coordinating with neighborhood home owner groups and soliciting feedback and input on community related landscape/irrigation improvements; 6. Providing value engineering and preparing plans, specifications and estimates for assigned landscape and irrigation improvement projects, which may include utilizing the City's software systems and Bluebeam; 7. Processing assigned projects for the City entitlement, which may include, but not be limited to approval by the Planning Commission, Building and Safety Department, Facilities Department, Engineering Department and City Council; 8. Perform construction support services which may include construction oversight and inspection, responding to bidder requests for information, submittal review, warranty review, contractor progress payment review and project close out. 9. Prepare a project specific rendering. The rendering shall be in color and shall be isometric or `bird's eye' to provide depth. Typical Design Scope Example shall include but not be limited to: • Task 1: Project Management The selected Consultant shall be responsible for project management activities throughout the life of the contract including managing the project schedule, setting up meetings, field reviews, and managing the project team. The Consultant will include an appropriate Exhibit A Page 1 of 6 Last revised summer 2R& number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Expected deliverables include monthly progress reports, schedule updates, meeting agendas, and minutes. • Task 2: Site Visit and Review The selected Consultant shall be responsible for in -person review of existing site conditions for grading issues, utilities and other existing site improvements. • Task 3: Utility Coordination Perform utility coordination, identify points of connections and coordinate same through affected utility providers, and obtain all necessary clearances from affected utility providers. Expected deliverables include any utility agreements as necessary. • Task 4: CVWD Approvals and Application Consultant shall prepare irrigation water budget calculations and submit them to CVWD for approval. Consultant shall also prepare Turf Removal Application assist in submitting the CVWD application for turf removal rebate. • Task 5: Conceptual Planting Plan Consultant shall prepare a conceptual landscape plan for review by staff. Upon review and refinement of the concept, consultant will prepare a planting plan for the project site with a legend that calls out plant material by Latin and common names. Photos of proposed plant material will be included as part of the presentation. After meeting and review of comments by the City, consultant will prepare a final color rendered preliminary plan for presentation. Task 6: Plans, Specifications, and Estimate Prepare project plans, specifications and engineer's estimates of probable construction costs. ■ Plans will likely include: Title Sheet, General Plan/Notes Sheet(s), Demolition Sheets, Layout Sheets (As Necessary), Landscape Sheets, Irrigation Sheets, and Detail Sheets. All construction notes and legends shall represent only the items on that plan. ■ Project Estimate should identify appropriate bid items and quantities. Project estimate shall match the project specification bid schedule. Costs should be based on the historical cost index associated with the identified bid items. ■ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans. • Task 7: Project Rendering Consultant shall prepare a project specific rendering. The rendering shall be in color and shall be isometric or `bird's eye' to provide depth. Exhibit A Page 2 of 6 210 • Task 8: Bid and Construction Support Consultant will assist the City during the bid and construction phases by responding to Requests for Information (RFI) and provide clarification on its plans as necessary. Consultant shall provide Construction Observation Services upon request by the City. The following Construction Services are anticipated: ■ Review rock, wall, and boulder layout ■ Review of plant material locations prior to installation ■ Review of irrigation mainline test ■ Review of emitter placement ■ Review final installation and irrigation coverage ■ Final punch list In addition, the Design Engineer will be responsible for the preparation of "As -Built" plans based on changes made during construction, identified by the contractor and resident engineer. Exhibit A Page 3 of 6 211 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 4 of 6 212 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 6 213 (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 6 214 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Thousand Dollars per year ($200,000) per year for the life of the Agreement, encompassing the Initial and any Extended Terms ("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 rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to exceed" Year 1: $200,000.00 "Not to exceed" Year 2: $200,000.00 "Not to exceed" Year 3: $200,000.00 Possible Extended Term: "Not to exceed" Year 4: $200,000.00 "Not to exceed" Year 5: $200,000.00 Exhibit B Page 1 of 2 215 HOURLY RATES HERMANN DESIGN GROUP NORMAL HOURLY RATES = M Principal Landscape Architect/Principal Planner..................................................................$185.00 per hour Landscape Architect................................................................................................................150.00 per hour D Project Manager/Associate.....................................................................................................130.00 per hour Zz Irrigation Designer..................................................................................................................125.00 per hour 0 Senior Designer.......................................................................................................................105.00 per hour M Professional Staff / Specification Writer...................................................................................95.00 per hour 0 Designer....................................................................................................................................90.00 per hour Z Draftsperson.............................................................................................................................75.00 per hour G) Administrative Staff...................................................................................................................70.00 per hour 70 O C OUTSIDE CONSULTANTS Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination. REIMBURSABLES Reimbursable items, such as the cost of reprographic services, soil samples, and travel outside the Coachella Valley will be charged at our cost plus 15%. RATE INCREASES Due to increases in wages/benefits, fees and hourly rates are subject to an annual increase based on the Consumer Price Index (CPI-U) published by the Bureau of Labor Statistics. Exhibit B 24 Page 2 of 2 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619.415.0095 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. Exhibit C Page 1 of 1 217 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 218 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 5 219 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. 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. Exhibit E Page 2 of 5 220 Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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 Exhibit E Page 3 of 5 221 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 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 Exhibit E Page 4 of 5 222 any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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 5 of 5 223 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 2 224 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 2 of 2 225 226 CONSENT CALENDAR ITEM NO. 9 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DUDEK TO PROVIDE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE LAKE AND IRRIGATION CONVERSION AT THE CIVIC CENTER AND SILVERROCK PARK VENUE, PROJECT NOS. 2016-06 AND 2016-08 RECOMMENDATION Approve an Agreement for Contract Services with Dudek to provide design and construction management services for the Lake and Irrigation Conversion at the Civic Center and SilverRock Park Venue, Project Nos. 2016-06 and 2016-08, respectively; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • This project encompasses two different project areas at different design stages. • The first project area is the Civic Center Campus at Calle Tampico and Washington Street, the project will convert the Civic Center Lake from potable to canal water. • The City previously contracted with Dahl Consultant to design conversion of the lake water from potable water to irrigation water provided through Coachella Valley Water District (CVWD) maintained lines (Bureau of Reclamation (BOR) Lines). • The second project area is the SilverRock Park Venue. Dudek will design a vault and meter to connect the adjacent lake system to the newly constructed BOR lines, coordinate with CVWD for connection, review the existing pump system, design any additional components to create a fully functioning system, and design any required modifications needed to isolate the lake from the adjacent lake system. • In May 2023, Staff solicited proposals for these services from qualified firms; Dudek was the only proposer and is qualified to provide these services. FISCAL 11VIVAU i There are currently funds available in the Project design budget for these services (401- 0000-60185 2016-06D). The following is the current combined project budget: Professional: $80,000 227 Initial Design $152,529 Final Design/Construction Management/Inspection $325,000 Construction: $520,000 CVWD Meter/Inspection Fees: $40,000 Contingency: $50,378 Total Budget: $1,167,907 BACKGROUND/ANALYSIS This project encompasses two different project areas at different design stages. The first is located at the Civic Center Campus located at Calle Tampico and Washington Street. The City previously contracted with a Dahl Consultant to design conversion of the lake water from potable water to irrigation water provided through CVWD maintained lines BOR Lines. CVWD has completed work to provide a point of connection and meter at the existing pumps. Dudek will review the existing proposed plans, provide bid support, construction inspection support, and construction management to complete the project. The second project location is at the recently completed SilverRock Park Venue. The SilverRock Park Venue Project began the effort by furnishing and installing a pump and lines to the adjacent lake to supply water for irrigation and installed a line within 10 feet of the newly constructed BOR lines. The proposed project will complete the lake system to ensure it is a fully functioning system. As part of this project, Dudek will design a vault and meter to connect the system to the BOR lines, coordinate with CVWD for connection, review the existing pump system, design any additional components to create a fully functioning system, and design any required modifications needed to isolate the lake from the adjacent lake system. The adjacent lake system is currently all interconnected and receives well water through one lake. This scope of work would also include bid support, construction inspection support, and construction management support. In May 2023, Staff solicited proposals for these services from qualified firms; Dudek was the only proposer and is qualified to provide these services. The proposed fee is within the cost staff anticipated for these services. kLTERNATIVES Council may elect not to approve the agreement. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Agreement with Dudek 228 ATTACHMENT 1 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and DUDEK, a Corporation, etc., with a place of business at 78-075 Main Street Suite G-203 La Quinta, CA 92253 ("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 professional engineering design and construction management services for the Lake and Irrigation Conversion at the Civic Center and SilverRock Park Venue Project (Project) 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. 229 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2 230 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Three Hundred Twenty Five Thousand Dollars ($325,000.00) (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 _g_ 231 Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2025 ("Initial Term"). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. -4- 232 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) DUDEK. 78-075 Main Street Suite G-203 La Quinta, CA 92253 ATTN: Charles Greeley (b) DUDEK. 78-075 Main Street Suite G-203 La Quinta, CA 92253 ATTN: Robert Ohlund 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 Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any -5- 233 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 _6_ 234 be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification shall indemnify, protect, defer and any and all of its officers, F" ("Indemnification") which is a part hereof. To the fullest extent permitted by law, Contracting Party d (with counsel selected by City), and hold harmless City employees, agents, and volunteers as set forth in "Exhibit incorporated herein by this reference and expressly made 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 -7- 235 (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, 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 upon full payment to the Contracting Party 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. -$ 236 The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 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. -g- 237 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 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 -10- 238 Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contractina Partv. 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 -11- 239 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 DUDEK. Attention: Public Works Director Attention: Charles Greeley 7 78495 Calle Tampico 8-075 Main Street Suite G-203 La Quinta, California 92253 La Quinta, CA 92253 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. -12- 240 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -13- 241 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -14- 242 Exhibit A Scope of Services Scope of Services attached and made apart of hereto. Exhibit A Page 1 of 4 Last revised summer 2R4� Scope of Work Task 1: Design Dudek will address the proposed Project improvements, including: ■ A third -party peer review of the design for the Civic Center lake and irrigation water conversion including a new irrigation pump and expansion of the existing pump room, and a review of existing pump equipment to assess the condition and any necessary replacements ■ A review of the existing lake supply water system at SilverRock Park and design of a new connection with CVWD/Bureau of Reclamation Canal water distribution system located in Avenue 52, a new service lateral and vault/meter facility within the public right-of-way, and a connection and pump system to convert the existing lake within the park to Canal water while simultaneously disconnecting it from the adjacent lake system and establishing the requisite California Division of Drinking Water separation and air gap requirements between sources of potable and non - potable water Dudek's scope of work tasks and deliverables include: ■ Project management services including progress reports, schedule and budget tracking, and monthly invoicing ■ Review existing CAD files, plans, and specifications provided by the City ■ Review existing system and components, including a site investigation to assess the condition of existing irrigation and lake water supply features readily accessible ■ Provide a summary of the findings from the review of existing construction documents and a recommendation for any proposed revisions to the existing Civic Center plans, basis of design recommendations for the improvements at SilverRock, and any recommended maintenance of existing features to remain - The summary will be provided as a memorandum in PDF format for review and approval by the City prior to preparation of any construction documents. ■ Prepare project plans, specifications, and engineer's estimates of probable construction costs for the proposed improvements: - For the purposes of this scope, Dudek assumes that the plans prepared by Dahl Consultants for the Civic Center Conversion are generally suitable to meet the goals of the Project and only minor modifications and/or enhancements may be required. Dudek's approach for addressing these modifications is anticipated to include comments, notes, and supplemental sketches that can be included with the bid documents using Bluebeam or another form of PDF editing software with the modifications not requiring a reissuance of plans under a Dudek border or stamped by a Dudek Registered Professional Engineer. Dahl Consultants is anticipated to remain as the Engineer of Record for these improvements. - Dudek has reviewed the provided progress drawings for the SilverRock improvements and our approach and work elements for these planned facilities are as follows: - Connect to existing CVWD/Bureau of Reclamation Canal water pipeline within Avenue 52 similar to the Civic Center Conversion. Extend the lateral to a meter vault (which will be Exhibit A Page 2 of 14 244 designed similar to the Civic Center Conversion). The meter vault facility will be located within the Avenue 52 right-of-way. The meter vault facility would include a magnetic flow meter, motor operated valve, and possibly a check valve (if an "air -gap" is not constructed at the lake). The design of these facilities would be coordinated with CVWD and subsequently constructed by CVWD. - The lateral would be extended from the vault and constructed to the SilverRock Park Lake. At the lake, a proper "air -gap" would be constructed if required/desired. Moreover, the potable water source piping currently feeding the lake would be capped and disconnect. - A new lake pump and 6-inch pipeline would be constructed and convey the lake water to an existing irrigation booster pump and filter facility approximately 180 feet away from the lake edge. - Improvement plans shall be prepared at a 1 inch = 20 feet scale. Details shall be at a scale appropriate for the required work. - Project specifications and bid documents will likely include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets specific to the Project. - Progress submittals will be provided to the City for review and comments at the 35%, 85%, and 100% level. A draft final construction document set will be provided for a screen check by the City, with any final comments addressed by Dudek prior to the issuance of "for construction" documents. All submittals will be made electronically in the appropriate format (PDF, Word, Excel, AutoCAD Civil 3D). ■ Plans for the service connection, lateral, and meter facility for SilverRock Park will be coordinated with CVWD. Plans will be provided to CVWD for review and approval, with the City paying all necessary plan review fees. For the purposes of scoping, Dudek assumes no more than three review submittals will be required. Any proposed improvements after the meter, connecting to the lake supply, will not be provided to CVWD for review as these are private improvements maintained by the City. ■ Coordination and attend meetings, including: - Project kickoff meeting - Up to five progress meetings (following the design review technical memorandum, 35% and 85%submittals, and two additional submittals) - Up to four coordination meetings with CVWD ■ Provide bid support and construction support services, including: - Attend a pre -bid meeting - Respond to bidder inquiries and assist the City with any necessary bid addendums (up to five inquiries and two addendums are allocated for in our budget) - Respond to six Requests for Information (RFIs) during construction - Provide review and feedback on 10 submittals for materials and equipment. Each submittal review includes up to two review cycles. - Attend periodic (up to four) site visits during construction Exhibit A Page 3 of 14 245 Task 2: Construction Management Construction Management Approach Dudek will provide a full turnkey construction management team to drive the Project through the construction phase to successfully deliver the Project. We will oversee that the contractor's work meets contract document standards and delivers the highest -quality materials and workmanship. We will strictly enforce the Project specifications to verify a quality installation that meets or exceeds the Project requirements. All field oversights will be followed up with a daily construction report submitted to the City at the end of each day. The report will document construction activities, changes in conditions, labor, and equipment used. Dudek will monitor the contractor to provide the City with a high level of performance starting at the pre -construction meeting and continuing throughout construction. Delays or deficiencies will be brought to the attention of the Project team and the contractor immediately with corrective action to follow, which will include withholding of payment for unsatisfactory work. Coordination and General Project Management Upon award of this Project, Mr. Litzinger and Mr. Przybyszewski will be dedicated to providing efficient construction management and inspection services for this Project. Mr. Przybyszewski will be in the field, reviewing submittals, RFIs, correspondence, schedule review, and change orders, and providing day-to-day coordination and on -site representation monitoring of the contractor's work. Management and Coordination Activities Dudek plans to manage the Project from our local office in Old Town La Quinta for the duration of construction. The construction manager/on-site representative will provide the following management and coordination functions shortly after consultant contract execution: ■ Dudek will be responsible for aspects of contract compliance, quality assurance, verifying quantities for payment, project coordination and change orders, RFIs, submittals, monitoring project schedules/updates, coordinating with multiple City departments, resident coordination, and submittal review and processing. Our goal is to communicate regularly and keep the City informed and up to date throughout the course of the Project. The City can be assured they will receive a call from us first on an issue, rather than getting a phone call from the public or contractor. ■ Dudek will review and monitor the contractor's progress, workforce, and equipment to ensure they are adhering to their schedule throughout the course of the work. Mr. Przybyszewski will stay in regular contact with the City's project manager to discuss and provide updates on the Project. He will be available at all times by cell phone and will keep in regular contact with the City. He will ensure the contractor adheres to the required hours of work. We will make it a point of emphasis at the pre -construction meeting that the contractor must keep accurate and up-to-date as-builts Exhibit A Page 4 of 14 246 on site. We will review and verify these as-builts on a monthly basis as a prerequisite for each month's progress payment. Dudek will keep a separate set of as-builts as a check for the contractor's as-builts. ■ Our approach has always been that early coordination and planning is the key to project success. We believe our job is to fill gaps and make sure that construction management and City responsibilities are identified and scheduled well in advance, ensuring Project progress is not affected. We will work together with the contractor, the City, utility companies, the public, and others involved with the City's best interests in mind. Our team will perform and complete all of the items listed in the Request for Proposal (RFP). Following is our approach to handling some of the key issues to successfully complete this Project. Task 2.1 Project Management Dudek will coordinate all work efforts for this Project, including regular progress meetings and regular updates on the status and budget. We will update the City daily regarding the contractor's work schedule along with any issues and potential changes to the design that may result in extra costs. Kickoff Meeting We will facilitate a kickoff meeting with the City prior to construction to discuss the scope and parameters of the Project. We will prepare and distribute a draft agenda in advance of the meeting for review and comment by the City. Progress Meetings We will conduct weekly progress meetings with the Project team. We will prepare an agenda that will include the following topics: safety, RFI, submittals, change order, schedule, and construction progress. Invoices Dudek will submit invoices for construction management services on a monthly basis with all supporting documentation in accordance with the contract terms. Construction Management Plan Dudek will prepare a construction management plan utilizing the final contract documents that will include the following elements: ■ Organizational chart ■ Construction management Project team and description of duties and responsibilities ■ Claims avoidance strategy ■ Special inspection requirements ■ Inspection procedures ■ List of all tests required for Project ■ Materials testing location ■ Document management system ■ Field office location (if applicable) Exhibit A Page 5 of 14 247 ■ Project closeout process Task 2.2 Construction Documents Review Dudek will perform a review of the construction documents concurrently while we prepare the design plans and specifications. We will also review the existing design prepared by Dahl Consultants. Constructability Reviews Dudek will review the documents for clarity, conflicts, consistency, and completeness with respect to bidding and construction purposes. Construction Sequence and Staging Dudek will review the project for sequencing and staging, along with any coordination with outside agencies. Task 2.3 Construction Administration Dudek will provide contract administration responsibilities that include the following: ■ Administration: Administer construction contracts and provide technical construction management support to the City. ■ Contractor communication: Provide effective written and oral communication to the contractor and other stakeholders in the administration of the contract. Provide for timely, thorough, clear, effective, and responsible communications to RFIs, Requests for Change (RFCs), RFPs, submittals, and other miscellaneous correspondence. Receive, log, and track requests for information (RFIs, RFCs, and RFPs). • Quality assurance: The Dudek team will provide quality assurance of the contractor's work. ■ Interaction with agencies: Dudek will coordinate and maintain ongoing interaction with appropriate agencies, utilities, and City staff to ensure successful Project completion. ■ Substitution requests: We will evaluate requests for material and equipment substitutions and changes based on compliance with contract specifications and taking into account the impacts to cost and schedule. We will consult with the Project team as required. ■ Submittal review/logging: We will receive, respond, log, and track submittals. We will forward submittals to the design engineer. Submittals responded to by the designer will be tracked for a timely response. ■ Project meetings: We will conduct weeklyjob site construction meetings involvingthe Project team and maintain action items, minutes of meetings, and compliance with the contract provisions. We will maintain and distribute meeting minutes within two working days. Controls and Scheduling Dudek will provide comprehensive project scheduling and control expertise as follows: ■ Baseline schedule review: Review and comment on contractor's baseline and Project schedule critical path and logic review and ensure that schedule meets all requirements of contract documents. Exhibit A Page 6 of 14 248 ■ Progress schedule review: Review and monitor contractor's schedule monthly to monitor Project progress and detect early delays. We will also review the contractor's weekly look -ahead schedules and compare them to their baseline schedule and will report any discrepancies, The review will include activity sequences and duration, schedule of submittal, and schedule of delivery for products with long lead times. ■ Cost and budget: Monitor project construction costs, budgets, and schedule and maintain current workflow projections. • Reporting: Prepare and distribute monthly construction reports, including at a minimum: - Daily inspection reports - Weekly job site meetings minutes - Monthly report overview - Project cost to date - Schedule updates - Recommendations to mitigate Project delays ■ Progress payment review: Review and approve monthly contractor invoices, verify compliance with all terms and conditions of contract, and make payment recommendations. ■ Contract extensions: Review, analyze, and make recommendations on contractor time extensions/requests. ■ Miscellaneous coordination: Coordinate and monitor work to be performed by others, including special inspection activities, surveying, and materials testing. ■ Project notice coordination: Receive and review Project notices and provide appropriate recommendations. ■ Performance valuation: Provide quarterly contractor performance evaluations during construction. ■ Time impact analysis review: The construction manager will monitor and log the contractor's labor time, attendance, and labor cost, and will minimize the compliance risk and evaluate in coordination with potential change order claims. ■ Monitor time and materials work: Monitor contractor work performed on a time and materials basis to ensure that the contractor labor charges are fair and appropriate, and that materials purchased are of quantity and quality necessary to the Project and documented on invoices. Cost Estimating Dudek will maintain a cost estimating system that conforms to industry accepted practices and provide the following: ■ Contractor proposals: Evaluate contractor cost reduction proposals in accordance with industry cost standards. ■ Change order review: Review proposed change orders. Document Control Dudek will establish a document management system for the following: Exhibit A Page 7 of 14 249 ■ Filing: Utilize a filing system that complies with City standards. ■ Claims: Identify, analyze, and prepare construction claims and disputes by assessing or validating entitlement and quantification of damages and promoting a successful resolution. ■ Document tracking: All central receipts, control, storage, distribution, indexing, and tracking of all documents. ■ Document managing: All documents, incoming and outgoing, associated with the construction management activity of all assigned projects, including, but not limited to submittals, RFIs, requests for clarifications, pay requests, change orders, and correspondence. ■ As -Built documents administration: Maintain a current set of as -built drawings and specifications. ■ Document maintenance: Maintaining all field documents, storing original documentation and furnishing to the City at Project completion. Change Order and Claims Management Dudek will implement a comprehensive claims management program. When agreement cannot be reached, we will formulate a claims defense and participate in resolution including: ■ Document managing: Coordinate, assemble, and review supporting documentation for change order processing and make final recommendations to City staff. ■ Contractor request review: Review requests of alleged cost increases and/or time impacts for merit concurrently. ■ Change order review: Thoroughly analyze the proposal and develop a negotiating position. When necessitated by variations between contractor price for change and the construction manager's fair cost estimate, we will negotiate an equitable resolution with guidance from the City. ■ Change order expediting: After the equitable resolution is reached, we will expedite approval of the negotiated change order. Task 2.4 Construction Closeout Dudek will manage the turnover of the assigned project to the City. Site closeout tasks will include: ■ Site final walk-through: Coordinate and conduct a site final walk-through to verify completion of contract and all related items of work within 7 days of substantial completion. ■ Site punch list: Develop a site punch list, verify completion, and obtain final documentation and releases within 7 days of substantial completion. ■ Site record drawing preparation: Verify and deliver contractor as -built marked -up drawings for each site to the City for record drawing preparation within 14 calendar days of site substantial completion. ■ Site permitting: Monitor permit and agency sign -offs within 14 calendar days of substantial completion. ■ Site final reporting: Prepare site summary report in accordance with the City within 7 days of final completion. Exhibit A Page 8 of 14 250 ■ Site documentation turnover: Turn over site Project files, contract, correspondence, and documentation within 14 calendar days of final completion. ■ Site warranty coordination: Prepare a list of warranty items, warranty period, and warranty repair procedures, and turn over to the City. ■ Site demobilization: Demobilize the construction management staff and facilities in accordance with agreed upon plan. Additional scope of work tasks and deliverables include: ■ Review and approve laboratory, shop, and mill test reports of materials and equipment ■ Coordinate any training sessions required for City staff ■ Obtain evidence of certification of all lien releases after the City files its notice of completion ■ Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications Task 3: Inspection Dudek's inspector will review the contract documents, plans, and permits. He will monitor the contractor and verify that installation meets the Project elements accordingly. The inspector will attend the pre - construction meeting, the kickoff meeting, and all field walks. Task 3.1 Monitoring of Construction Activities Dudek will monitor construction activities, as follows: ■ Daily and weekly documentation ■ Documentation of construction activities: Provide documentation of construction activities, duration of activities, labor resources, and equipment allocation ■ Construction reporting: Provide daily construction activity reports, labor resources, on -site equipment, and work conditions ■ Non-conformance reporting: Provide non-conformance reports ■ Photographic records: Provide weekly photographic/digital records of the project during construction. Photos will also be taken of the following: - Existing conditions prior to construction - Disputed work items - Work that has to be duplicated, replaced, or removed - Completed work - Extra work Task 3.2 BMP Inspection Dudek will: ■ Review contractor's site -specific best management practices (BMPs) ■ Monitor contractor's activities regarding pollution prevention controls and activities Exhibit A Page 9 of 14 251 Additional scope of work tasks and deliverables include: ■ Monitor and enforce construction noticing requirements, including but not limited to PM- 10 requirements. ■ Maintain field diary (bound workbook) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs, and other documentation. Maintain a separate field diary for change order work. ■ Monitor the contractor's fugitive dust control plan and ensure that the contractor uses approved haul routes and that they are kept clean. ■ As appropriate, require special inspection or testing, or make recommendations to the City regarding special inspection or testing of work not in accordance with the provisions of the contract documents, whether or not such work is fabricated, installed, or completed. ■ Record the progress of the project. Maintain a daily log containing a record of weather, the contractor's and subcontractors' work on site, the contractor's and subcontractors' equipment on site, number of workers, work accomplished, problems encountered, and other relevant data. Provide copies of daily logs to the City as requested. Include information on the contractor and the entire Project, showing percentages of completion. ■ During the course of construction, Dudek will maintain one set of plans, with markings and dimensions in red ink, to denote field changes or other corrections. Task 4: Quality Control Quality assurance is a project management responsibility conducted in accordance with the Quality Control Plan. The project manager monitors quality assurance continuously, making sure proper quality control reviews are conducted and documented at appropriate stages of the project development. Team members consistently check in with peers or senior engineers for every key decision, creating a continuous quality control check that reduces the potential for rework. Your assigned Quality Manager will ensure all Project deliverables are reviewed prior to submittal to the City. Lack of quality is a leading cause of budget overruns, construction claims, and client dissatisfaction. Dudek is committed to training project managers in proven project management and control methods. To that end, we maintain an in-house Project Managers Committee to establish guidelines for project management and review each project manager's performance. Application of proven project management and quality review principles ensures that client satisfaction is improved, project quality is improved, and cost savings are realized. Our Quality Management Program focuses on continually improving quality by identifying and correcting problems so that they do not reoccur. Dudek will establish and implement a quality assurance/quality control (QA/QC) plan organized as foI lows: 1. Organization and responsibility 2. Execution and schedule 3. Procedural requirements Exhibit A Page 10 of 14 252 4. Requirements for subconsultants 5. Project quality management audits The construction manager/on-site representative is committed to supporting construction of your Project on behalf of the City. Regular meetings with the contractor and the use of a 3-week schedule for fieldwork should prevent any delays due to inspection needs. Dudek's approach to QA/QC is directed toward ensuring that the quality of the final product meets the design drawings and specifications while increasing the project manager's awareness and confidence in the details of the entire fabrication and construction process. Task 5: Additional Services as Requested Additional services may be provided by Dudek at the request of the City. These services may include, but are not limited to: • Preparation of Additional Details During Design • Additional Inspectors • Schedule Extension Requiring Additional Inspection Time Any requests identified by Dudek that require expenditure of Task 5 budget will be authorized by the City in writing prior to these services being provided by Dudek. Exhibit A Page 11 of 14 253 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 12 of 14 254 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 13 of 14 255 (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 14 of 14 256 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 Three Hundred and Twenty -Five Thousand Dollars ($325,000) ("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 rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Exhibit B Page 1 of 2 257 P223505 (Lake Irrigation Conversion at the Civi) City of La Quinta P223505 (Lake & Irrigation Conversion at the Civi) DUDEK FEE ESTIMATE 6/12/2023 DUDEK Dudek Labor Hours and Rates Subconsultant Fees Project Project Team Role: Principal Engineer II Principal Manager/Enginee Engineer I ring CADD Operator III Electrical Electrical Inspection VIF Rockwell Team Member: Charles Greely Construction Neil Harper Brandon Lacap CADD Operator III Manager TOTAL Inspector DUDEK DUDEK LABOR Gerry Green Construction Services OTHER DIRECT Billable Rate: $280.00 $270.00 $250.00 $170.00 $160.00 $135.00 HOURS COSTS Fee Fee COSTS TOTAL FEE Project Management and Meetings 1 11 11 11 11 ®Review of Existing D. . � fff11 IM,11 Prepare Construction Documents Bid and Construction Support -� Construction Support 1 1 ® :.111 W :.111 Subtotal Task $84,575.00 Task 2 Construction Management11 11 I11 11 slow -WIT, 1 I INEW 11 1I I Task3 InspectionIII I11 111 11 11 111111111 I INKUNT, I I 1 Quality Control:I :1 II Additional Requested9, I 11 $39,945.00 Total Hoursl 80 44 Total $22,400.00 $11,880.00 112 $28,000.00 100 $17,000.00 200 $32,000.00 1000 1536 $135,000.00 $286,225.00 $9,775.00 $27,000.00 1 $2,000.00 $325,000.001 Exhibit B Page 2 of 2 Dudek Project Budget Created 258 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as identified in the project schedule attached and made part of hereto. Exhibit C Page 1 of 2 259 Tentative Project Schedule - Design and Construction Management for Lake and Irrigation Conversion at the Civic Center and Silverrock Park Venue ID p V Task Name Duration Start Finish A r Mav Jun I Jul Auci Sen Oct Nov Dec 2024 Jan Feb Mar Apr May Jun Jul Aucl Sep Oct Nov Dec 1 Notice to Proceed Design Phase Site Assessment of Facilities and Plans Summary of Findings - Meet with the City Prepare Construction Documents City Review and Approval 1st CVWD Review Update Plans 2nd CVWD Review Update Plans 3rd CVWD Review Finalize Documents Bid Project Contract Approval (City) Construction Phase Submittal Review Equipment Procurement Construction Work Closeout - Punchlist 1 day? 188 days 20 days 15 days 25 days 15 days 10 days 5 days 10 days 5 days 10 days 15 days 63 days 30 days 195 days 20 days 40 days 175 days 30 days Mon 6/12/23 Mon 6/12/23 Tue 6/13/23 Thu 2/29/24 Tue 6/13/23 Mon 7/10/23 Tue 7/11/23 Mon 7/31/23 Tue 8/1/23 Mon 9/4/23 Tue 9/5/23 Mon 9/25/23 Tue 8/22/23 Mon 9/4/23 Tue 9/5/23 Mon 9/11/23 Tue 9/12/23 Mon 9/25/23 Tue 9/26/23 Mon 10/2/23 Tue 10/3/23 Mon 10/16/23 Tue 10/17/2: Mon 11/6/23 Tue 12/5/23 Thu 2/29/24 Fri 1/19/24 Thu 2/29/24 Fri 3/1/24 Thu 11/28/24 Fri 3/1/24 Thu 3/28/24 Fri 3/29/24 Thu 5/23/24 Fri 3/29/24 Thu 11/28/24 Fri 10/18/24 Thu 11/28/24 6/12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Task Inactive Task Manual Summary Rollup External Milestone Split ................ I........ Inactive Milestone Manual Summary I Deadline Project: Lake and Irrigation Con Date: Fri 5/5/23 Milestone ♦ Inactive Summary Start -only E Progress Summary Manual Task I I Finish -only 7 Manual Progress Project Summary Duration -only External Tasks City of La Quinta Exhibit C 260 Page 2 of 2 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 261 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 5 262 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. 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. Exhibit E Page 2 of 5 263 Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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 Exhibit E Page 3 of 5 264 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 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 Exhibit E Page 4 of 5 265 any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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 5 of 5 266 Exhibit F Indemnification F.1 Indemnitv for the Benefit of Ci a. Indemnification for Professional Liabilitv. 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. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City of La Quinta, provided, however, Consultant shall be responsible for the City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness, or willful misconduct. 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 2 267 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 2 of 2 268 CONSENT CALENDAR ITEM NO. 10 City of La Quints CITY COUNCIL MEETING: ,tune 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ACORN TECHNOLOGIES, INC TO PROVIDE TRAFFIC INFRASTRUCTURE INFORMATION TECHNOLOGY SUPPORT SERVICES AND PUBLIC SAFETY CAMERA SYSTEM INFORMATION TECHNOLOGY SUPPORT SERVICES RECOMMENDATION Approve agreement for contract services with Acorn Technologies, Inc., to provide traffic infrastructure information technology support services, and public safety camera system information technology support services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • City has invested $3.25 million in City and Federal grant funds to install fiber optic traffic signal controller communications links and new traffic signal controllers; and has invested $1.37 million in a Public Safety Camera System (PSCS). • The traffic signal control system is managed via Centracs Traffic Management Software with three traffic servers and traffic infrastructure information technology (IT) support services are needed. • IT support services are also needed for the City's PSCS. • Acorn Technologies, Inc. (Acorn) provides IT services for the City. • Per the purchasing policy, amounts paid in total to vendors or contractors over $50,000 must be approved by Council. FISCAL IMPACT Funding is available in the Information Technology services Software Implementation/Enhancements account for FY 2023/24 (502-0000-71049) for the cost of the agreement, $7,200 for traffic IT support and $1,980 for PSCS IT support. 269 BACKGROUND/ANALYSIS The City has invested $156,100 in fiber optic signal interconnects and new traffic signal controllers in conjunction with the City's $3.1 million investment in signal coordination citywide pursuant to the Highway Safety Improvement Program (HSIP) grants the City received in 2016. The City is working with the Coachella Valley Association of Governments (CVAG) to ensure that the City's system is coordinated with CVAG's valley - wide traffic signal coordination initiative. Once the CVAG valley -wide system is complete, they will be responsible for the information technology support for the City's system. The City's current traffic signal control system employs Centracs signal management software and has three servers (database and communications). IT support services are needed to provide traffic infrastructure and public safety camera system support Acorn currently provides IT support for the City and is qualified to provide the necessary services for the traffic and camera system infrastructure (Attachment 1). The current contract with Acorn exceeds $50,000 and per the purchasing policy, amounts paid in total to vendors or contractors over this threshold must be approved by Council. ALTERNATIVES Council may elect not to approve, delay or modify these agreements, or direct staff to bid these services. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Traffic IT and PSCS IT Agreement with Acorn Technologies, Inc. 270 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 Acorn Technologies, a Corporation, etc., with a place of business at 1960 Chicago Avenue Suite E9 Riverside, CA 92507 ("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 Traffic Infrastructure and Public Safety Camera System IT, 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. 271 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2- 272 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Nine Thousand One Hundred and Eighty Dollars ($9,180) 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 _g_ 273 Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. -4- 274 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) Acorn Technologies, Inc. 1960 Chicago Avenue Suite E9 Riverside, CA 92507 ATTN: Mickey McGuire 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 Public Works Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. -5- 275 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the _6_ 276 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 a endorsements performance. Ong with all required endorsements. Certificate of Insurance and must be approved by Agency's Risk Manager prior to commencement of 6. INDEMNIFICATION. 6.1 Indemnification shall indemnify, protect, defer and any and all of its officers, F" ("Indemnification") which is a part hereof. To the fullest extent permitted by law, Contracting Party d (with counsel selected by City), and hold harmless City employees, agents, and volunteers as set forth in "Exhibit incorporated herein by this reference and expressly made 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 -7- 277 generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all -8- 278 copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service -g- 279 of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with -10- 280 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 ACORN TECHNOLOGIES, INC. Attention: Public Works Director Attention: Mickey McGuire 78495 Calle Tampico 1960 Chicago Avenue Suite E9 La Quinta, California 92253 Riverside, CA 92507 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- 282 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] -13- 283 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -14- 284 Exhibit A Scope of Services SCOPE OF SERVICES: • Annual maintenance fee for Shadow Protect licensing • Traffic Infrastructure support set up • Including remote tool • Setup of monitoring • Installation of base apps • Setup of admin account • Setup for on -site and off -site backup • Monthly Traffic Infrastructure support • Monthly Public Safety Camera System infrastructure support Exhibit A Page 1 of 4 Last revised summer 2RA� 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 2 of 4 286 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 3 of 4 287 (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 4 of 4 288 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 Nine Thousand One Hundred and Eighty Dollars per year ($9,180) per year for the life of the Agreement, encompassing the Initial and any Extended Terms ("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 rate schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to exceed" Year 1: $9,180 "Not to exceed" Year 2: $9,180 "Not to exceed" Year 3: $9,180 Possible Extended Term: "Not to exceed" Year 4: $9,180 "Not to exceed" Year 5: $9,180 Exhibit B Page 1 of 1 289 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. Exhibit C Page 1 of 1 290 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 291 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 5 292 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. 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. Exhibit E Page 2 of 5 293 Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other 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 Exhibit E Page 3 of 5 294 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 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 Exhibit E Page 4 of 5 295 any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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 5 of 5 296 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 2 297 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 2 of 2 298 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT CONSENT CALENDAR ITEM NO. 11 AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH 4LEAF, INC, BUREAU VERITAS NORTH AMERICA, INC, HR GREEN PACIFIC, AND INTERWEST CONSULTING GROUP FOR ON -CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES RECOMMENDATION Approve Agreements for Contract Services with 4LEAF, Inc., Bureau Veritas North America, Inc, HR Green Pacific, and Interwest Consulting Group for on -call building code plan review and inspection services; and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY • The City contracts to provide plan review and inspection services based on workload and expertise as needed. • The above -named firms are the best qualified to provide these services and were selected through the competitive Request for Proposal (RFP) process, which was completed June 9, 2023. • Each agreement would be approved for an amount a not to exceed $290,000 per year for an initial three-year term, with and optional two-year extended term, which provides the flexibility to use any of the consultants depending on work demand. FISCAL IMPACT All four agreements combined could cost up to $290,000 annually, or $870,000 during the initial three-year term, and up to $580,000 if the term is extended for two additional years, for a total not to exceed amount of $1,450,000. Funds are included in the proposed budget for fiscal year (FY) 2023/24 in the Building Division Contract Services budget (101- 6003-60118) for the annual not to exceed amount. Initial Term: Budget FY 2023/24 $ 290,000 FY 2024/25 $ 290,000 FY 2025/26 $ 290,000 Possible Extended Term: FY 2026/27 $ 290,000 FY 2027/28 $ 290,000 TOTAL: $1,450,000 299 BACKGROUND/ANALYSIS In May 2023, the City published a RFP for on -call building plan review and inspection services and received 12 proposals. Based on qualifications and cost efficiency, four consultants, 4LEAF, Inc., Bureau Veritas, HR Green Pacific, and Interwest Consulting Group were selected by the review panel in June 2023. Staff recommends these firms be retained to ensure services are available. The City's on -call building plan review and inspection services encompass review of structural design and calculations, construction and occupancy type, means of egress, access and egress for persons with disabilities, electrical and plumbing design adequate lighting, ventilation and energy conservation, and fire/life safety systems. These consultants provide expertise in these areas. The contract authority would allow Staff to utilize any of the selected consultants for the full not to exceed budget of $290,000; the monthly invoices will be tracked to ensure that the $290,000 annual budget for these services is not exceeded. Staff requests this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments. ALTERNATIVES Council may elect not to approve the Agreements. Prepared by: AJ Ortega, Building Official Approved by: Danny Castro, Design and Development Director Attachments: 1. Agreement for Contract Services with 4LEAF 2. Agreement for Contract Services with Bureau Veritas 3. Agreement for Contract Services with HR Green 4. Agreement for Contract Services with Interwest 300 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 4LEAF, INC., a California "C" Corporation, with a place of business at 424 E. Vanderbilt, Ste A, San Bernardino, CA 92408 ("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 On -Call Building Plan Review and Inspection Services as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). 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. 301 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2- 302 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Ninety Thousand Dollars ($290,000.00) 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 _g 303 Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties ("Extended Term"), and executed in writing. -4- 304 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) Marcus Johnson 424 E. Vanderbilt, Ste A San Bernardino, CA 92408 Office (909) 453-6582 Email miohnson(c-)4leafinc.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 AJ Ortega, the City Building Official, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 5 305 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the _g 306 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 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 -7- 307 generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all -g 308 copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 9 309 of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: AJ Ortega, Building Official 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: 4LEAF, INC. Marcus Johnson, Project Manager / Director of SoCal Operations 424 E. Vanderbilt, Ste A San Bernardino, CA 92408 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. -12- 312 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -14- 314 Exhibit A Scope of Services Services to be Provided: Plan Review Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes with a strict attention to details. Plan Review services may include, but are not limited to the following: • Building plans including architectural, structural, electrical, mechanical, plumbing, energy, and accessibility plans • Grading plans including precise grading plans • Structural calculations and reports • Energy reports and forms • Cal Green plans and reports including commissioning reports • Soils reports including geotechnical updates • Building construction product testing reports The tasks of the plan examiner include: • To check for conformance to: o California building standards codes o City standards o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) • To check general mathematics and design criteria • Consultant shall input project data related to plan review information into the permitting software utilized by the City • In writing, call for redesign of any portion of plans that: o Does not conform to code requirements o Is not consistent with calculations o Will be potentially unsafe to residents and the public Building Inspection Consultant upon request of the City shall provide building inspection services of special projects during the course of the construction to enforce compliance with the conditions of approval, provisions of the City's building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following: • In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes • Shall document all field conversations connected to the project Exhibit A Page 1 of 2 Last revised summer 2JJ7 • Produce corrective measures of field conditions to conform to codes and approved plans • Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation Consultant shall meet with City staff to: a) Acquaint themselves with the City development plan review and or inspection processes b) Review consultant's plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process d) Establish ongoing operating procedures between City staff and the Consultant for the on -call services On -Call Services a) Report to City Hall to pick up project documents for review when notified by the City's permitting software b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s) d) Attend meetings, upon request by the City, connected to plan review and / or field inspection activities e) Consultant, upon request by the City, shall perform electronic plan review on the platform as specified by the City 2. Performance Standards: Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): 1) One Day = 1 Working Day 2) One Week = 5 Working Days 3) Two Week = 10 Working Days 4) Three Week = 15 Working Days Exhibit A Page 2 of 2 316 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Ninety Thousand Dollars ($290,000.00) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to Exceed" Year 1: $290,000.00 "Not to Exceed" Year 2: $290,000.00 "Not to Exceed" Year 3: $290,000.00 Possible Extended Term: "Not to Exceed" Year 4: $290,000.00 "Not to Exceed" Year 5: $290,000.00 Exhibit B Page 1 of 5 317 4LEAF, INC. CONSTRucTKJNMMA ).FNT PLANCHECK IMPEgnoN • PINM4 CiQPL LWMEMOT SECTION 3: FEE SCHEDULE FY2023-2024 FEE SCHEDULE & BASIS OF CHARGES FOR THE CITY OF LA QUINTA All Rates are Subject to Basis of Charges Plan Review Percentage: 65% Fee includes: (inclusive of all disciplines except fire and Civil Initial review and two (2) rechecks_ Hourly which are billed on an hourly basis) charges apply after three (3) or more Hourly Plan Review: $125 Non -Structural Review rechecks. $160 Structural Review Shipping, courier, and electronic service. Building Chief Building Official..................................................................................................$155/hour Structural Plan Review Engineer .... _..... _.._.._.._......_.._.._......_............. _......................... ...._......... $160/hour Non -Structural Plans Examiner ......................... ................_............................................................... $120/hour Certified Access Specialist (CASp) Inspector ..... ........ ........................... ____...... .. ................. ...._......... $165/hour Certified Access Specialist (CASp) Plans Examiner...............................$165/hour Senior Combination Building Inspector (Building Inspector III) ...................... ........... ... _................. $120/hour Commercial Building Inspector (Building Inspector II) ................................................... ........ ..._...... $105/hour Residential Building Inspector (Building Inspector 1)......................................._.........._.__.._.._.........$95/hour PermitManager ......... ................ ... ................................................................................ ........ ... ...... $95/hour SeniorPermit Technician..._... ........ ...... ...................................................... _.... .............. ........... ........ $80/hour PermitTechnician .................. ..................................................................................................... ........ $70/hour Clerk/Administrator.....................................•..................................................................._................$60/hour Civil Plan Review (Grading, Improvement Plans)...............................................................................$175/hour Inspectorof Record .................... ... ...... .................................................. ....................... ....... ... ..... .$135/hour DSA Class 1 / OSHPD A Inspector............................................................ ........................ ....... ............ $175/hour DSA Gass 2 / OSHPD B Inspector.........._..............................................................................._..........$145/hour DSA Class 3 / OSHPD C Inspector ... .... .._......................................................................................$103/hour GoFormz Software ......................... ....... __.___-.............. __.__._._..................................... . $50/user monthly Code EnforceLent Code Enforcement Director ................... ........................................................................................... $145/hour Code Enforcement Manager ..................... _.._.._.._......_.._.._................._......................................$135/hour Senior Code Enforcement Officer ..................................................................................... $105/hour Code Enforcement Officer II ........... ................_._..................................................................... $95/hour Code Enforcement Officer I ............................................... .............................................................. $85/hour Proposal to Provide On -Call Building Plan Review & Inspection Services to the City of La Quinla. Page 6 Section 3 Fee S&edule Am Z 2023 -2- 318 4LEAF, INC. C.ONSTRVGTiDN MANAGEMENT PLAN CHECK IM16PaGiIQY P4W`f4G GOPE [r-QKEMENT Fire Fire Protection Engineer(FPE)--------------- --.-..-..------- .._......_--- ---------------------------------------- -------------- $205/hour Fire Prevention Officer ................................ ................ ... ... ....................................................... $140/hour FirePlans Examiner ---------------------------- ------ ------------------------------------------------------------------------- ---------- $145/hour FireInspector II .............................. -... ... -----_.._.._.._... ... ............................................ ...--•---- ..... $170/hour FireInspector I ........................................... --... ..-..-... ... ........................................................ --.-..... $160/hour Planning Housing Policy Director ............................. _.._......_.._... ... ... ... ..................................................... $205/hour PlanningDirector ....................................... _.._.._.._.._.._....----------................................••--••--_..........$180/hour Principal/Planning Manager ...................... -..................................................................................... $165/hour SeniorPlanner............................................................. ... ... ... ... ... ............................................ $140/hour Associate Planner..................•---•---•---....................................................-.....--••-------------................... $124/hour Assistant Planner............................................................... ... ... ... ... ....................................... $105/hour PlanningTechnician ........................................................ ......_.--..........-......_.------------------------------.. $90/hour Project Mauagemeut ProjectManager ..................................... ..-.--................................................................................... $180/hour Principal -in -Charge ......................... ... ... ... ...... ...._...... ..................................................................... $245/hour Eneineerine. Public Works Insvection. & Construction Manaeement (Prevailine Waee Civil Plan Review (Grading, Improvement Plans)................................................................................ $175/hour TrafficEngineer .................................................... ... ... ... ... ....................................................... $230/hour Construction Manager ....... ....... _______.__.._.__.._._._._._..--___._..-_... _ ....... _.._._._....... _........ $162/hour Certified Access Specialist (CASp) Inspector (Regular time) ...._.-.._ ......... _....... _...... ...._._._.-.....-.-.. $165/hour Certified Access Specialist (CASp) Inspector (Nighttime) ............. _._...... .__..-.-.... ........................... .... $186/hour Certified Access Specialist (CASp) Inspector (Overtime) .............. ..... ............................................. ....... $223/hour Certified Access Specialist (CASp) Plans Examiner ................ __..-___..--............... ........... ........... ...... $165/hour Public Works Inspector (Regular Time).._ - - .......----------------------------- ----.-..._------------------------------ ------ $153/hour Public Works Inspector (Nighttime) ................ _....... _._.__._.____-_...................... _......... __-__.........$172/hour Public Works Inspector (Overtime) .... .- ....... --..- - - - ...............----------- .---------------- -_---------------- $207/hour Public Works Inspector Apprentice .......... __.....-._......................... _......... __..-..._ ...................... - ... __... $99/hour Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. • All invoicing will be submitted monthly. • Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for re -checks. This is not inclusive of holidays or the day of the pick-up of plans. Prwoca tc Prcvide On -Call Build q Plan Re »ew & kspection Sendoes to the City of La Quinia. Page 7 Sector 3 Fee Sc*dule June 2. 2023 -3- 319 4LEAF, INC. CON57AUCTIONMANAGEWNT PUNCHECM ImnCTON - Pt+wwra QQvE ENrQKEME',- • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed_ • All plan review services will be subject to a $250.00 minimum fee if percentage -based fee or 2-hour minimum charge if hourly rates apply. • Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan reviewservices will be subject to 2-hour minimum fee_ • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case -by -case basis. - Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage. • 4LEAF assumes that these rates reflect the FY2023-2024 contract period. There will be a 3% escalation for FY2024-2025,FY2025-2026 • Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before SAM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1-1 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF's liability will be limited to the value of services provided. • In accordance with California's Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client -directed tasks or requirements_ Client should allow4LEAF's non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift. BASIS OF CHARGES - PREVAILING WAGE • Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the projects. • Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR. • Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We Prmosa to Provide On -Call BuildN Plan Fe ew & -.Pe-Don Services to the City of La Ounta. Page 8 Section 3 Fee Sd*Wle June 2. 2023 -4- 320 4LEAF, INC. CON57RULTUN N AGEMENT PLAN CHECK ImpE oV - PLgm Q - GoOE EN^7? ErAEN- are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project_ Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not knowthe labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR's Wage determination for Building Construction Inspector were used to determine the range of hourly rates for Public Works Inspector Apprentice. • Pre -approved overtime and Premium hours for labor categories subject to Prevailing Wage requirements will be charged per the following: - Nighttime (work begun after 4PM or before SAM) 1.125 x hourly rate - Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate - Overtime (over 8 hours Sat or 1-18 hour Sun) 1.85 x hourly rate - Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate • All invoicing will be submitted monthly. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Project -related mileage for inspections will be billed at the allowable IRS Rate. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF's liability will be limited to the value of services provided. • In accordance with California's Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client -directed tasks or requirements. Client should allow 4LEAF's non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift. Proocea tc Frwde On -Call BuildN Plan Revcw & -spoon Semmes to the City d La Quin a. Page 9 Sectcn 3 Fee Sc *dole June 2.2023 -5- 321 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. Turn -,round Times 4LEAF has a tremendous reputation for completing projects on -time and under budget. 4LEAF's plan check team is widely recognized for quick turn -around times and prompt service. Off -site plan checks are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn -around time is within 10 business days for residential plan check and within 10 days for commercial/industrial plan checks; however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Check services. Typeof Transportatio Initial Resubmittalr 1 1 r Expedited Plans n/ E-Delivery Review Review Review #2 Review Resubmittall 'Residential = 24 Hours < 10 Days 5 Days <. 5 Days < 5 Days < 3 Days 'Multi -Family < 24 Hours < 10 Days 5 Days < 5 Days < 5 Days 3 Days Commercial •: 24 Hours < 10 Days =>ays < 5 Days < 5 Days < 3 Days ' i Commercal Commercial < 24 Hours Negot�ab,e Negonable Negotiable Negotiable Negotiable > `Larger complex plan checks can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing. Exhibit C Page 1 of 1 322 Exhibit D Special Requirements NONE Exhibit D Page 1 of 1 323 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Exhibit E Page 1 of 6 324 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking or framing, and infringement or violation of intellectual property rights. Exhibit E Page 2 of 6 325 e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the Exhibit E Page 3 of 6 326 right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the Exhibit E Page 4 of 6 327 exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a Exhibit E Page 5 of 6 328 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 6 of 6 329 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. G. 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 2 330 d. Indemnification Provision for Desian Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F Page 2 of 2 331 ATTACHMENT 2 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and BUREAU VERITAS NORTH AMERICA, a Delaware Corporation, with a place of business at 220 Technology Dr, Ste 100, Irvine, CA 92618 ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to On -Call Building Plan Review and Inspection Services as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). 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. 332 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2- 333 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Ninety Thousand Dollars ($290,000.00) 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 _g 334 Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties ("Extended Term"), and executed in writing. -4- 335 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) Craig Baptista 220 Technology Drive, Suite 100 Irvine, CA 62618 Office (916) 514-4516 Email craig.baptista(a)bureauveritas.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 AJ Ortega, the City Building Official, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 5 336 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the _g_ 337 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 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 -7- 338 generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all -g 339 copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 9 340 of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 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. -11- 342 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: AJ Ortega, Building Official 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: BUREAU VERITAS NORTH AMERICA Craig Baptista, Vice President — West, Plan Check & Inspection 220 Technology Drive, Suite 100 Irvine, CA 62618 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. -12- 343 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -13- 344 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -14- 345 Exhibit A Scope of Services Services to be Provided: Plan Review Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes with a strict attention to details. Plan Review services may include, but are not limited to the following: • Building plans including architectural, structural, electrical, mechanical, plumbing, energy, and accessibility plans • Grading plans including precise grading plans • Structural calculations and reports • Energy reports and forms • Cal Green plans and reports including commissioning reports • Soils reports including geotechnical updates • Building construction product testing reports The tasks of the plan examiner include: • To check for conformance to: o California building standards codes o City standards o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) • To check general mathematics and design criteria • Consultant shall input project data related to plan review information into the permitting software utilized by the City • In writing, call for redesign of any portion of plans that: o Does not conform to code requirements o Is not consistent with calculations o Will be potentially unsafe to residents and the public Building Inspection Consultant upon request of the City shall provide building inspection services of special projects during the course of the construction to enforce compliance with the conditions of approval, provisions of the City's building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following: • In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes • Shall document all field conversations connected to the project Exhibit A Page 1 of 2 Last revised summer 2% • Produce corrective measures of field conditions to conform to codes and approved plans • Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation Consultant shall meet with City staff to: a) Acquaint themselves with the City development plan review and or inspection processes b) Review consultant's plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process d) Establish ongoing operating procedures between City staff and the Consultant for the on -call services On -Call Services a) Report to City Hall to pick up project documents for review when notified by the City's permitting software b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s) d) Attend meetings, upon request by the City, connected to plan review and / or field inspection activities e) Consultant, upon request by the City, shall perform electronic plan review on the platform as specified by the City 2. Performance Standards: Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): 1) One Day = 1 Working Day 2) One Week = 5 Working Days 3) Two Week = 10 Working Days 4) Three Week = 15 Working Days Exhibit A Page 2 of 2 347 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Ninety Thousand Dollars ($290,000.00) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to Exceed" Year 1: $290,000.00 "Not to Exceed" Year 2: $290,000.00 "Not to Exceed" Year 3: $290,000.00 Possible Extended Term: "Not to Exceed" Year 4: $290,000.00 "Not to Exceed" Year 5: $290,000.00 Exhibit B Page 1 of 2 348 CITY OF LA QUINTA - FEE SCHEDULE ON -CALL BUILDING PLAN REVIEW AND COMPLEMENTARY SERVICES BV proposes the following compensation schedule. BVs' pricing reflects our commitment to the success of the City of La Quinta by helping the City maintain significant quality and cost saving benefits. These Include: ✓ Highly qualified and licensed staff and confidence of working with a well -established consultant ✓ Reduced plan review turnaround times ✓Commitment to maintaining proposed rate structure for the life of the initial contract period PLAN REVIEW PERCENTAGE OF BASED ON • 70% of City Collected Plan Review Fee HOURLYRATES Services Only Plan Review Rate $180.00 -Grading Certified Building Official / Project Manager $160.00 CASp Inspector $155.00 Sr. Plan Review Engineer / Structural Engineer / Fire Protection Engineer $145.00 CASp Plan Review 5140.00 Plan Review Engineer / Sr. ICC Certified Plans Examiner $135.00 ICC Certified Plans Examiner $125.00 Senior Building Inspector S110.00- 5125.00 Inspector $95.00 - $105.00 -Building Permit Technician $65.00-S80.00 Administrative / Clerical Support 555.00-565.00 • Plan Review fee assumes initial review and two (2) resubmittals. Additional reviews if required will be invoiced using the hourlyfee schedule. • Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. • Overtime (OT) will be charged at 1.25 times the standard hourly rate; hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be charged without approval. • Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. • Hourly rates subject to annual adjustment in accordance with CPI from Engineering News Record (ENR) with the City's prior approval. • Mileage for employee -owned vehicles used in connection with the work will be at the current IRS rate. • Plan Review will be invoiced after initial review is completed and hourly services will be invoiced monthly. -2- 349 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. PLAN REVIEW TURNAROUND TIMES Bureau Veritas is able to meet or exceed the City of La Quinta's requirements for plan review turnaround times. Turnaround times for each submittal typically relate to the size and nature of the project and its impact on the construction schedule. The firm understands accuracy, efficiency, and integrity in all aspects of professional services are required. BV's team will maintain efficient turnaround times on all reviews as a key measurement of its performance for plan review services. We are able to produce plan review in a timely fashion and are able to present any necessary reports or studies to elected officials and/or the general public. Providing plan review services to nearly 200 jurisdictions over the past 48 years, BV has a strong history of successfully meeting project deadlines. Upon request, BV is able to provide plan review activities on a fast -track basis. To reduce turnaround times for plan review, the firm can use electronic submittals, phased submittals, conference callin , and video confe renc i ng. Our team is committed to ensuring that all deadlines are met to meet the needs of our clients. Typical Plan Review Turnaround Times Service -. -•. -. 10, 7- 7- 1;' Commercial TI Single -Family Residential addition and/or accessory building S' S Single -Family New Residential 7 Mufti- Residential and New Multi -Residential, Apartments, Commercial, and Industrial 1G' 7 7 5' - Plan Changes 7 working days Return of telephone calls and e-mails: Within 8 hours or one business day 'Large and/or Complex projects to be negotiated. I NSPECTION TURNAROUND TIMES • Perform all inspections on the following day after receiving inspection requests. • Weekend and emergency response type of inspections are available upon request. Exhibit C Page 1 of 1 350 Exhibit D Special Requirements NONE Exhibit D Page 1 of 1 351 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Exhibit E Page 1 of 6 352 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking or framing, and infringement or violation of intellectual property rights. Exhibit E Page 2 of 6 353 e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the Exhibit E Page 3 of 6 354 right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the Exhibit E Page 4 of 6 355 exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a Exhibit E Page 5 of 6 356 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 6 of 6 357 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. G. 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 2 358 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 2 of 2 359 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 HR GREEN PACIFIC, INC., a California "C" Corporation, with a place of business at 44651 Village Ct, Ste 123, Palm Desert, CA 92260 ("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 On -Call Building Plan Review and Inspection Services as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). 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. 360 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2- 361 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Ninety Thousand Dollars ($290,000.00) 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 -3- 362 Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties ("Extended Term"), and executed in writing. -4- 363 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) Tim Jonasson, PE 44651 Village Ct, Ste 123 Palm Desert, CA 92260 Office (760) 262-4317 Email tionasson(a-)hrgreen.com (b) George Wentz, PE 44651 Village Ct, Ste 123 Palm Desert, CA 92260 Office (760) 262-4317 Email gwentz(a)hrgreen.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 AJ Ortega, the City Building Official, 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 5 364 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 _g 365 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. 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- 366 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, 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 _g 367 changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 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 9 368 Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 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 -10- 369 termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contractina Partv. 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 -11- 370 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: AJ Ortega, Building Official 78495 Calle Tampico La Quinta, CA 92253 To Contracting Party: HR GREEN Tim Jonasson, PE — Municipal Advisory Services Director 44651 Village Ct, Ste 123 Palm Desert, CA 92260 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. -12- 371 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of -13- 372 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] -14- 373 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -15- 374 Exhibit A Scope of Services Services to be Provided: Plan Review Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes with a strict attention to details. Plan Review services may include, but are not limited to the following: • Building plans including architectural, structural, electrical, mechanical, plumbing, energy, and accessibility plans • Grading plans including precise grading plans • Structural calculations and reports • Energy reports and forms • Cal Green plans and reports including commissioning reports • Soils reports including geotechnical updates • Building construction product testing reports The tasks of the plan examiner include: • To check for conformance to: o California building standards codes o City standards o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) • To check general mathematics and design criteria • Consultant shall input project data related to plan review information into the permitting software utilized by the City • In writing, call for redesign of any portion of plans that: o Does not conform to code requirements o Is not consistent with calculations o Will be potentially unsafe to residents and the public Building Inspection Consultant upon request of the City shall provide building inspection services of special projects during the course of the construction to enforce compliance with the conditions of approval, provisions of the City's building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following: • In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes • Shall document all field conversations connected to the project Exhibit A Page 1 of 2 Last revised summer 2J�7 • Produce corrective measures of field conditions to conform to codes and approved plans • Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation Consultant shall meet with City staff to: a) Acquaint themselves with the City development plan review and or inspection processes b) Review consultant's plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process d) Establish ongoing operating procedures between City staff and the Consultant for the on -call services On -Call Services a) Report to City Hall to pick up project documents for review when notified by the City's permitting software b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s) d) Attend meetings, upon request by the City, connected to plan review and / or field inspection activities e) Consultant, upon request by the City, shall perform electronic plan review on the platform as specified by the City 2. Performance Standards: Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): 1) One Day = 1 Working Day 2) One Week = 5 Working Days 3) Two Week = 10 Working Days 4) Three Week = 15 Working Days Exhibit A Page 2 of 2 376 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Ninety Thousand Dollars ($290,000.00) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to Exceed" Year 1: $290,000.00 "Not to Exceed" Year 2: $290,000.00 "Not to Exceed" Year 3: $290,000.00 Possible Extended Term: "Not to Exceed" Year 4: $290,000.00 "Not to Exceed" Year 5: $290,000.00 Exhibit B Page 1 of 3 377 3. Complete Pricing List HR Green has provided various compensation options to benefit the City during periods when revenues are high and maintain appropriate consultant staffing levels during low periods of permit activity. Actual labor hours and staffing levels will fluctuate based on the actual workload or specific staffing levels established by the City. Option 1 - Percentage of Fees Collected Based upon our review of your Fee Schedule, we propose a sliding fee structure to provide Building Safety Services. Monthly Fees Collected < $200,000 $200,000 - 400.000 > $400,000 Our compensation will not exceed fees collected by the City. HR Green Compensation (based on % of fees compensated) 70% 62% 56% Notes / Assumptions 1. Plan review services will include up to a third review for approval of the plans. Additional reviews beyond three are completed based on using the applicable hourly rates as final negotiated with the City. 2. Compensation from the percentage of fees collected models shown above will include all direct HR Green employee costs, benefits, and corporate overhead. Directly related vehicle costs are subject to final contract negotiations with the City. 3. HR Green provides a detailed monthly billing for all services provided. We will work with the City to assure that the invoices are provided in a format acceptable to the City. ® On -Call Plan Review and Inspection Services, RFP Number. CLQ06192023 i IRGroon. : City of La Ouinta Page 11 i A C I f I C -2- 378 Option 2 - Hourly Rate Schedule CLASSIFICATION HOURLY RATE Principal -in-Charge / OA/OC Manager $235 - 300 Project Manager $180 - 235 Senior Professional Engineer $210 - 300 Professional Engineer $165 - 245 Structural Plan Review Engineer $185 - 245 Building Plan Review Engineer $130 - 170 Building Plan Reviewer $105 - 150 CASp-Certified Professional $135 - 180 Senior Building Inspector $125 - 160 Building Inspector $110 - 150 Senior Permit Technician $ 90 - 130 Permit Technician/Administrator $ 80 - 115 Professional Reimbursement and Overtime: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). For overtime all employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1- 1/2 times salary, as per state and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Should subconsultants be utilized, they will be approved in advance by the City and will be billed at the applicable classification rates listed above + 10%. Direct Expenses: Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten ( 10) percent (unless otherwise negotiated with the City) for items such as: • Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. • Subconsultants and other outside services, if needed. • Specific telecommunications and delivery charges. • Special fees, insurance, permits, and licenses applicable to the work. • Outside computer processing, computation, proprietary programs purchased for the work and other equipment. Our hourly fees/rates shall remain effective through December 31, 2023 and may be adjusted annually thereafter based on the CPI for Riverside County, or as negotiated and agreed to by the City. ® On -Call Plan Review and Inspection Services, RFP Number: CLO05192023 RGreen. D> Cay of La Ouinta -3- 379 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. HR Green will handle plan reviews through a paperless electronic/digital commenting process. Through our extensive experience with plan check services and our own in-house progress, our staff shall consistently meet or beat your service level goals in the performance of our plan check work as laid out below: Electronic Plan Review Service Level Commitments Type of Job qW HIR Green Turn Around Time IHIR Green I st Review Turn Around Time Recheck Residential New Construct io n/SF R 7-10 Working Days 3-5 Working Days Multi -Tenant Dwelling 7-10 Working Days 3-5 Working Days Addition 2-7 Working Days 2-5 Working Days Solar/FSS 1-3 Working Days 1-3 Working Days Remodel 1 2-7 Working Days 2-5 Working Days Commercial/industrial New Construction 7-10 Working Days based on complexity 5-7 Working Days Addition 7-10 Working Days 2-5 Working Days Remodel/TI 7-10 Working Days 2-5 Working Days Mixed Use 7-10 Working Days based on complexity 5 7 Working Days At the conclusion of each development review, our reviewer digitally stamps (signs hard copies) the title sheet of the redlined document or the cover page on reports with the date, reviewer's initials, and submittal number. The redlines, a comprehensive comment letter, and checklist are provided to all stakeholders. All documents are turned around on -time or ahead of schedule. HR Green earnestly seeks to meet or beat your expectations. We are able to meet the most hard-hitting schedules with a near perfect track record. PLAN CHECK TURNAROUND NOTES: 1. Turnaround times depend on the complexity of the project. 2. Expedited plan review within fz time specified above for first review. 3. Our plan review process well provide for an initial plan review, and two additional re -checks under the plan review fees paid at the time of plan review submittal (three plan review rounds total). 4. Large scale and complex commercial/industrial projects may take up to 20 business days for first review based upon their complexity. These include, but are not limited to, high rise buildings, multi -story mixed use, and projects with multiple buildings exceeding 25,000 sf. or larger. We will work closely with applicants so that projects well not go through useless rounds of corrections or comments. We pride our ourselves on a work product that can effectively and efficiently deliver the highest quality plan check while partnering with designers, developers, contractors, and others in order to work through any code deficiencies that enables a prompt turnaround of approved plans. Exhibit C Page 1 of 1 380 Exhibit D Special Requirements NONE Exhibit D Page 1 of 1 381 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Exhibit E Page 1 of 6 382 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking or framing, and infringement or violation of intellectual property rights. Exhibit E Page 2 of 6 383 e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the Exhibit E Page 3 of 6 384 right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the Exhibit E Page 4 of 6 385 exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a Exhibit E Page 5 of 6 386 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 6 of 6 387 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. G. 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 2 388 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 2 of 2 389 ATTACHMENT 4 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 INTERWEST CONSULTING GROUP, a Colorado Corporation, with a place of business at 9320 Chesapeake Dr, Ste 208, San Diego, CA 92123 ("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 On -Call Building Plan Review and Inspection Services as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). 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. 390 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2- 391 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Ninety Thousand Dollars ($290,000.00) 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 _g_ 392 Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties ("Extended Term"), and executed in writing. -4- 393 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) Paul Meschino, President 9300 W. Stockton Blvd., Suite 105 Elk Grove, CA 95758 Office (619) 372-9962 Email pmeschino(c�interwestgrp.com (b) David Kniff, Assistant Secretary 9320 Chesapeake Dr., Ste 208 San Diego, CA 92123 Office (858) 560-1468 Email dkniffC@esgil.com (c) William Hayes, Project Manager 1500 S. Haven Ave., Suite 220 Ontario, CA 91761 Office (909) 568-9749 Email whayes(a)interwestgrp.com (d) Shelby Sieracki, Senior Account Manager 1500 S. Haven Ave., Suite 220 Ontario, CA 91761 Office (626) 224-2055 Email ssieracki(aNnterwestgrp.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 AJ Ortega, the City Building Official, 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, -5- 394 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 ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason _g_ 395 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. 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 F (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 -7- 396 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 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 -8- 397 authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft 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 -g- 398 information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 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 -10- 399 or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. -11- 400 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. -12- 401 To City: CITY OF LA QUINTA Attention: AJ Ortega, Building Official 78495 Calle Tampico La Quinta, CA 92253 To Contracting Party: INTERWEST CONSULTING GROUP Paul Meschino, President 9300 W. Stockton Blvd., Suite 105 Elk Grove, CA 95758 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, -13- 402 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] -14- 403 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -15- 404 Exhibit A Scope of Services Services to be Provided: Plan Review Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes with a strict attention to details. Plan Review services may include, but are not limited to the following: • Building plans including architectural, structural, electrical, mechanical, plumbing, energy, and accessibility plans • Grading plans including precise grading plans • Structural calculations and reports • Energy reports and forms • Cal Green plans and reports including commissioning reports • Soils reports including geotechnical updates • Building construction product testing reports The tasks of the plan examiner include: • To check for conformance to: o California building standards codes o City standards o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) • To check general mathematics and design criteria • Consultant shall input project data related to plan review information into the permitting software utilized by the City • In writing, call for redesign of any portion of plans that: o Does not conform to code requirements o Is not consistent with calculations o Will be potentially unsafe to residents and the public Building Inspection Consultant upon request of the City shall provide building inspection services of special projects during the course of the construction to enforce compliance with the conditions of approval, provisions of the City's building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following: • In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes • Shall document all field conversations connected to the project Exhibit A Page 1 of 2 Last revised summer 2�67 • Produce corrective measures of field conditions to conform to codes and approved plans • Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation Consultant shall meet with City staff to: a) Acquaint themselves with the City development plan review and or inspection processes b) Review consultant's plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process d) Establish ongoing operating procedures between City staff and the Consultant for the on -call services On -Call Services a) Report to City Hall to pick up project documents for review when notified by the City's permitting software b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s) d) Attend meetings, upon request by the City, connected to plan review and / or field inspection activities e) Consultant, upon request by the City, shall perform electronic plan review on the platform as specified by the City 2. Performance Standards: Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): 1) One Day = 1 Working Day 2) One Week = 5 Working Days 3) Two Week = 10 Working Days 4) Three Week = 15 Working Days Exhibit A Page 2 of 2 406 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Ninety Thousand Dollars ($290,000.00) per year for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to Exceed" Year 1: $290,000.00 "Not to Exceed" Year 2: $290,000.00 "Not to Exceed" Year 3: $290,000.00 Possible Extended Term: "Not to Exceed" Year 4: $290,000.00 "Not to Exceed" Year 5: $290,000.00 Exhibit B Page 1 of 4 407 City of La Quinta I On -Call Plan Review And Inspection Services (Building Department) 3. Complete Pricing List (Fee Schedule) BILLING RATES Effective January 1, 2023 Beginning on the 1st anniversaryofthe Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally Adjusted, All Urban Consumers, referred to herein as the "CPI"). Such an increase shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. BUILDING SAFETY SERVICES Full Building Plan Review: 7S% of the City's collected permit fees. Certified Building Official.........................................................................................................$145 DeputyBuilding Official...........................................................................................................$130 PlanCheck Engineer.................................................................................................................$135 ICC Certified Plans Examiner...................................................................................................$115 CAS....................................................................................................................... ..................$120 BuildingInspector I......................................................................................................................M InspectorII...................................................................................................................................$95 InspectorIII.................................................................................................................................$100 PermitTechnician I.......................................................................................................................S55 PermitTechnician II......................................................................................................................S60 PermitTechnician III.....................................................................................................................S70 supervising Structural Engineer................................................................................................$145 StructuralEngineer.....................................................................................................................$135 33 -2- 408 City of La Quinta I On -Call Plan Review And Inspection Services (Building Department) 4. List of Complernentary Services Offered by Proposer with Corresponding Prices • T Billing Rates INTERWEST Effective January 1, 2023 A s U1 A GOPOWN Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items ICPI-U), Not Seasonally Adjusted, All Urban Consumers, referred to herein as the 'CPI'). Such an increase shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. Classification Hourly Billing Rate Engineenng Principalin Charge......................................................................................................................................$240 PrincipalEngineer......................................................................................................................................... S215 CitySurveyor/City Engineer.......................................................................................................................S215 ProjectManager............................................................................................................................................$195 TrafficEngineer............................................................................................................................................ $190 TransportationEngineer..............................................................................................................................S195 SupervisingEngineer................................................................................................................................... $190 SeniorEngineer.............................................................................................................................................$185 LicensedLand Surveyor..............................................................................................................................S185 EngineeringAssociate III.............................................................................................................................$150 EngineeringAssociate II .................................... _............................................................ _......................... S140 EngineeringAssociate I...............................................................................................................................S130 SurveyTechnician.........................................................................................................................................$125 SeniorEngineering Technician.................................................................................................................S125 EngineeringTechnician III..........................................................................................................................S120 EngineeringTechnician II...........................................................................................................................$105 EngineeringTechnician I..............................................................................................................................S95 StudentTrainee...............................................................................................................................................$45 GradingPlans Examiner..............................................................................................................................S155 Building Safety Services CertifiedBuilding Official........................................................................................................................... $160 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect ................ S155 Supervising Structural Engineer................................................................................................................$185 SeniorStructural Engineer..........................................................................................................................$175 SeniorPlans Examiner ....................... _....................................................................................................... $140 CASp.................................................................................................................................................................$125 InspectorIII.....................................................................................................................................................5110 InspectorII.....................................................................................................................................................5100 InspectorI........................................................................................................................................................ $90 PermitTechnician.......................................................................................................................................... $80 FireProtection Engineer.............................................................................................................................S155 SeniorFire Plans Examiner.........................................................................................................................S130 Fire Plans Examiner / Fire Inspector........................................................................................................$120 ICCBuilding Plans Examiner.....................................................................................................................S120 Senior Code Enforcement Officer...........................................................................................................$135 CodeEnforcement Officer........................................................................................................................S125 Trainee..............................................................................................................................................................S75 35 -3- 409 City of La Quinta I On -Call Plan Review And Inspection Services (Building Department) Construction Management ConstructionManager ................................... ......................................................................................... S170 Assistant Construction Manager.................._..............._................................._......................................S150 Supervising Public Works Observer............._..............._..............._................_..............._.....................$170 Senior Public Works Observer....._................_..............._................................._..................................... $160 Public Works Observer III .............. ......................................................................................................... $150 PublicWorks Observer 11.................................................._................................._...................................... $135 PublicWorks Observer I..................................................._................................._......................................S120 Real Estate SupervisingCorporate Broker.................................................................................................................. S250 SeniorProject Manager...............................................................................................................................S195 ProjectManager............................................................................................................................................ S175 Senior Acquisition / Relocation Agent.................................................................................................... S135 Acquisition / Relocation Agent..................................................................................................................S120 ROWTechnician...........................................................................................................................................S105 ROWCoordinator.......................................................................................................................................... S90 AdministrativeSupport...................................................................................................................................S75 Landscape Design Review Services ProjectManager...................................................................................................._......................................S165 Senior Landscape Design Reviewer............................................._........................................................S150 Landscape Design Reviewer..............................................................................................._.................... S140 Landscape Maintenance Inspector..................................................................................._..............._....$120 LandscapeField Supervisor..........................._................_..............._................................._..............._....$120 Planning Services Community Development Director.........._......................................................................................... S200 PlanningManager....................................................................................................................................... $185 PrincipalPlanner.......................................................................................................................................... S170 SeniorPlanner............................................................................................................................................. $155 AssociatePlanner....................................................................................................................................... S125 AssistantPlanner ............................. _........................................................................................................... S100 PlanningTechnician......................._................................._..................................................................._..... S80 Administrative ManagementAnalyst II................................................................................................................................ S115 ManagementAnalyst I.................................................................................................................................S105 SeniorAdministrative......................................................................................................................................S95 AdministrativeIII..............................................................................................................................................S85 AdministrativeII..............................._............................................................................................................. S80 AdministrativeI................................._..............................................................................................................S70 INTERWEST 36 -4- 410 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. Schedut( We consistently complete cu- customers' building plan r_.,e :,T,G^, o' -.chedul- statewide for both commercial and residential projects as our standard business practice. We will work hard to accommodate any turnaround schedule desired by the City. Multi -disciplinary reviews are typically performed in our offices, but wo are available for on -site work upon the City'- request when required. Our staff will meet or exceed the City's turnaround time outlined in the RFP. Project Manager, Bill Hayes, CBO, ]CC will be responsible for managing the time schedule and assuring schedule compliance. Bill will also be in charge of resource allocation of our key personnel committed to the City. Our building plan review turnaround times are listed in the table below. Directly following this page, please see resumes of the Project Mangager and key personnel who will be responsible for performance. Exhibit C Page 1 of 1 411 Exhibit D Special Requirements NONE Exhibit D Page 1 of 1 412 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Exhibit E Page 1 of 6 413 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking or framing, and infringement or violation of intellectual property rights. Exhibit E Page 2 of 6 414 e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the Exhibit E Page 3 of 6 415 right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the Exhibit E Page 4 of 6 416 exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a Exhibit E Page 5 of 6 417 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 6 of 6 418 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. G. 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 2 419 d. Indemnification Provision for Desian Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F Page 2 of 2 420 CONSENT CALENDAR ITEM NO. 12 City of La Quinta CITY COUNCIL MEETING: ,tune 20, 2023 STAFF REPORT AGENDA TITLE APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH VINTAGE ELECTRIC FOR ON -CALL ELECTRICAL SERVICES TO EXTEND THE TERM THROUGH FISCAL YEAR 2024/25 AND INCREASE THE CONTRACT AUTHORITY UP TO $150,000 OF WORK PER FISCAL YEAR EFFECTIVE FISCAL YEAR 2022/23 RECOMMENDATION Approve Amendment No. 2 to Agreement for Contract Services with Vintage Electric for on - call electrical services, to extend the term two additional years through fiscal year 2024/25 and increase the contract authority up to $150,000 of work per fiscal year effective fiscal year 2022/23; and authorize the City Manager to execute the amendment. :XECUTIVE SUMMARY • Public Works projects, as well as Building, Landscape and Street Maintenance activities often require electrical services, which necessitate certified electricians. The City contracts with Vintage Electric to provide these specialized services. • Several public works maintenance and capital improvement projects have required electrical services and have utilized most of the existing $100,000 contract authority for fiscal year (FY) 2022/23. • The current lamp post replacement project requires additional funds for the installation of new energy efficient lamp posts throughout the City. • Proposed Amendment No. 2 to the agreement would increase the annual spending authority effective FY 2022/23 and extend the term two additional years through FY 2024/25. FISCAL IMPACT Funds are available in the Maintenance Services accounts: 215-7004-60691; and 101- 3005-60691, Public Works Administration Consultants account (101-7001-60104), the Capital Improvement Project (CIP) technical accountforthese services (401-0000-60108). If approved, the revised total amount that can be paid to Vintage Electric for FY 2022-23 would increase from $100,000 to not to exceed $150,000 for electrical services. 421 The following is the proposed contract amount for the remaining contract term: Initial Term: "Not to exceed" Year 3 (FY2022/23): $150,000.00 Extended Term: "Not to exceed" Year 4 (FY2023/24): $150,000.00 "Not to exceed" Year 5 (FY2024/25): $150,000.00 BACKGROUND/ANALYSIS The City contracts with Vintage Electric to provide on -call electrical services for projects that necessitate this specialty; the contractor was selected through the competitive Request for Proposals process completed in March 2020, and Council approved the current agreement in June 2020, which expires on June 30, 2023. In March 2021, Council approved Amendment No. 1 to the agreement which increased the spending authority for FY 2020/21 from $100,000 to $200,000 due to an increase in the number of projects. Construction of several public works and capital improvement projects have utilized most of the existing contract authority for FY 2022/23. Additional funding is needed for the current lamp post replacement project. The City has purchased 97 lamp posts, 68 single lamp posts and 29 double lamp posts. The Landscape and Lighting (L&L) District has 42 single and 25 double; and Civic Center Campus has 26 single, and four double posts are for La Quinta Park. Total installation costs are estimated to be $59,000. Additional contract authority in the amount of $50,000 is needed for a total "not to exceed" budget of $150,000 for FYs 2022/23 to complete ongoing projects. If approved, proposed Amendment No. 2 (Attachment 1) would allow staff to utilize Vintage Electric for on -call electrical services for a "not to exceed" amount of $150,000 per fiscal year effective FYs 2022/23 through 2024/25. ALTERNATIVES Council may elect not to approve the amendment. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Amendment No. 2 to Agreement for On -Call Electrical Services with Vintage Electric 422 ATTACHMENT 1 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH VINTAGE ELECTRIC This Amendment No. 2 ("Amendment No. 2") to Agreement for Contract Services ("Agreement") with Vintage Electric is made and entered into as of the 20t" day of June, 2023 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Vintage Electric, ("Contracting Party"). RECITALS WHEREAS, on or about July 1, 2020, the City and Contracting Party entered into an Agreement to provide On -Call Electrical Services. The term of the Agreement expires on June 30, 2023 (Initial Term); and WHEREAS, on or about July 27, 2021, the City and Contracting Party executed Amendment No. 1 amending Section 2.1 Contract Sum of the Agreement to increase compensation for fiscal year (FY) 2020/21 by $100,000, for a total not to exceed amount of $200,000 to complete several public works and capital improvement projects; and WHEREAS, the City and Contracting Party mutually agree to execute Amendment No. 2 to: • Amend Section 2.1 Contract Sum of the Agreement by increasing compensation by $50,000, for a total not to exceed amount of $150,000 per FY, effective FY 2022/23, as identified in Exhibit B, attached hereto and made a part hereof; and • Amend Section 3.4 Term of the Agreement to extend the term for two additional years through June 30, 2025 (Extended Term). NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.1 Contract Sum is amended to read: 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Thousand Dollars ($200,000) for fiscal year (FY) 2020/21; One Hundred Thousand Dollars ($100,000) for FY 2021/22; and One Hundred and Fifty Thousand Dollars ($150,000) per year effective FY 2022/23, for the life of the Agreement, encompassing any extended terms (the "Contract Sum"), except as provided in Section 1.7. 423 "Exhibit B" — Schedule of Compensation is amended as listed in "Exhibit B", attached hereto and incorporated by this reference. 2. Section 3.4 Term is amended to read as follows: Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2020, and terminate on June 30, 2023 ("Initial Term"). Notwithstanding any provisions to the contrary in effect prior to the date of this Amendment No. 2, this Agreement is extended for two additional years and shall remain in full force and effect until June 30, 2025 ("Extended Term"). In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 2 to the Agreement for Contract Services on the respective dates set forth below. CITY OF LA QUINTA, VINTAGE ELECTRIC A California municipal corporation, a California Corporation and charter city Jon McMillen, City Manager Date: ATTEST: Monika Radeva, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney James Tourje, President Date: 424 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 Two Hundred Thousand Dollars ($200,000) for fiscal year (FY) 2020/21; One Hundred Thousand Dollars ($100,000) for FY 2021/22; and One Hundred and Fifty Thousand Dollars ($150,000) per year effective FY 2022/23, for the life of the Agreement, encompassing any extended terms ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: "Not to exceed" Year 1 (FY2020/21): $200,000.00 "Not to exceed" Year 2 (FY2021/22): $100,000.00 "Not to exceed" Year 3 (FY2022/23): $150,000.00 Extended Term: "Not to exceed" Year 4 (FY2023/24): $150,000.00 "Not to exceed" Year 5 (FY2024/25): $150,000.00 425 426 CONSENT CALENDAR ITEM NO. 13 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE ADDITIONAL FUNDS FOR FISCAL YEAR 2023/24 MEMORANDUM OF UNDERSTANDING WITH THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE RECOMMENDATION Approve additional funds for Fiscal Year 2023/24 Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce; and authorize the City Manager to execute the document. EXECUTIVE SUMMARY • On June 6, 2023, Council approved the Fiscal Year (FY) 2023/24 Memorandum of Understanding (MOU) with the Greater Coachella Valley Chamber of Commerce (Chamber) on June 6, 2023, for $166,089. • Staff did not include the cost for the proposed digital version of The Gem priced at $7,500 and seeks Council approval to increase FY 2023/24 not to exceed amount of the MOU from $166,085 to $173,589. FISCAL IMPACT FY 2023/24 Budget would allocate funds for Chamber services in the Marketing & Tourism account (101-3007-60461) and from AB 939 Recycling Solutions account (221- 0000-60127). If the digital version of The Gem is approved, the printing and distribution options will be as follows, for a total not to exceed amount of $173,589 for FY 2023/24:. Chamber Design, Print and Postage Cost City Pages Cost 0 36 pages for 9 months o Total per issue: $12,232 o Qty: 21,000 (General: $10,232 & AB 939: $ 2,000) o Total Cost for 9 months: $110,088 (General: $92,088 & AB 939: $18,000) 0 32 pages for 3 months o Total: $7,667 per issue o Qty: 16,000 (General: $5,667 & AB 939: $2,000) o Total Cost for 3 months: $23,001 (General: $17,001 & AB 939: $ 6,000) Total: $7,500 one-time cost in FY 2023/24 o Digital Gem 427 (Annual Maintenance at $1,000 will apply starting FY 2024/25) o Events & Business Engagement (State of the o Total Annual Cost: $33,000 City, Hot Rod Car Show, Monthly Business Outreach) o Total Annual Cost for MOU: $173 BACKGROUND/ANALYSIS On June 6, 2023, Council approved the MOU with the Chamber for FY 2023/24 for a total not to exceed amount of $166,089. Staff is also proposing to create a digital formatted version of The Gem that can include unlimited City content and stories that would be posted to both the City website as well as the Chamber website. The addition of the digital version would also allow the City and Chamber to include content throughout the month. A QR Code or URL would be included in each printed issue of The Gem directing readers to the digital version. • One time cost: $7,500 in FY 2023/24 • Annual Maintenance: $1,000 beginning with next fiscal year The MOU would be managed by the City Manager's office. The scope of work as currently approved includes: 1. The Gem Newsletter a. Monthly Community newsletter circulated by mail to residences and businesses within La Quinta and includes digital format and distribution (i.e., email blasts, social media) b. Monthly digital version of The Gem available online on the City's website as well as the Greater Coachella Valley Chamber of Commerce's website. 2. State of the City a. Presentation by Mayor and Council of city progress and on -going development efforts b. Mayor and Council present business awards as determined by a process agreed to by both parties. c. GCVCC would stage this annual event; City staff would design and approve format and content 3. 15th Annual Hot Rod & Custom Car Show Sponsorship a. Community Event: annual car show at La Quinta Community Park. i. Projected event parameters include: 1) 80-150 vehicle entries; 428 2) 8-25 food/retail vendors and alcohol sales; 3) Live entertainment during the event; and 4) La Quinta auto dealership inclusion. b. City Title Sponsorship, which includes: event materials branding (both print and digital), press release inclusion, and drive market promotion (in San Diego and Orange Counties) 4. Business Engagement a. Business Outreach/Services i. Ombudsman -like Services ii. Strategic Advertising/Public Relations iii. Regional Investment iv. Workforce and Business Development v. Data Collection of City's Businesses Per Council's direction on June 6, 2023, the following metrics requirements have been included in the MOU terms: o Business Engagement will consist of at least (10) in -person business connects per month between the Chamber and a La Quinta Business that will consist of Chamber meeting with owner/manager/employee and confirming contact information for that business, as well as providing resources based on the business needs. o The Chamber will hold at least (2) workshops for businesses in La Quinta per year that will provide education and information for business support. ALTERNATIVES Council may choose to make modifications to the scope and/or funding levels. Prepared by: Marcie Graham, Marketing Manager Approved by: Gil Villalpando, Director Attachment: 1. Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce 429 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND GREATER COACHELLA VALLEY CHAMBER OF COMMERCE This Memorandum of Understanding ("MOU") is made by and between the CITY OF LA QU INTA, a California municipal corporation ("CITY"), and GREATER COACHELLA VALLEY CHAMBER OF COMMERCE ("CHAMBER" and, along with CITY, sometimes referred to as the "parties"), with respect to the following: RECITALS WHEREAS, the CITY, in strategically advancing itsinterests, requirescertain professional promotional services rendered in coordination with the local business community and WHEREAS, the CHAMBER is qualified by virtue of experience, training, education, product offering, and expertise to provide these services, and has agreed to provide same as reflected herein; NOW, THEREFORE, CITY and CHAMBER agree to the following: 1.0 TERM OF MEMORANDUM. 1.1 All Recitals set out above are true and correct. 1.2 This MOU is to remain in effect for 1 (one) year following its execution by the parties. This MOU may be terminated at any time by any of the parties to the MOU with a 30 (thirty) day written notice to the remaining party. 2.0 OBLIGATIONS OF THE CHAMBER. 2.1 The CHAMBER will provide the services listed on Exhibit A attached and incorporated ("CHAMBER obligations"). 2.2. Notwithstanding any other provisions in this MOU, the CHAMBER shall not use, nor may the CHAMBER authorize the use of, any funds or other subsidy (of whatever kind) provided bythe CITY pursuanttothis MOU or any other agreement with the CITY, including but not limited to any funds or other subsidies provided by the CITY for the "CHAMBER obligations" listed in Exhibits A and "CITY obligations" listed in Exhibit B, to advocate to any person or entity (of whatever organization whatsoever, including but not limited to, sole proprietors, unincorporated associations, limited liability companies, corporations, businesses and public agencies) a position or vote either in favor of or against any measure placed on the ballot for the November 8, 2020 General Election, including but not limited to the measure placed on the ballot bythe La Quinta City Council asking the City's electorate to vote on a proposed 1 % transactions and use ("sales") tax rate increase. It is expressly 430 understood and agreed by the CHAMBER that, pursuant to California law, public resources may not be used to advocate or "mount a campaign" in favor of or against any ballot measure. 2.3 If the CHAMBER uses or is alleged to have used, or authorizes the use of or allegedly authorizes the use of, anyfunds orany othersu bsidy (of whatever kind) provided bythe CITY in violation of Section 2.2 above, the CHAMBER shall: (a) Immediately cease and desist from continuing the violation or alleged violation of Section 2.2 above, (b) Immediately use other funds or subsidies that are not provided by the CITY to pay for or otherwise subsidize the services rendered that are, were, or alleged to have been in violation of Section 2.2 above, (c) Immediately, without reservation or rights or delay, return tothe CITYany and all funds and othersubsidies provided by the C ITYforthe services rendered that are, were, or alleged to have been in violation of Section 2.2 above, and (d) Refrain from performing under this MOU, including but not limited to refraining from performing the "CHAMBER obligations" listed in Exhibits A, unless and until the CHAMBER complies with this Section 2.3 and the CITY authorizes in writing the continuance of performance under this MOU. The CITY shall have no obligation to provide any funds or other subsidies (of whatever kind) under this MOU or any other agreementwith the CITY unless and until any violation or alleged violation of Section 2.2 above has been cured as determined by the CITY in its reasonable discretion. The CITY shall have all rights and remedies available at law or in equity, including but not limited to declaratory and injunctive relief, as well as the rights available under this MOU, including but not limited to the indemnity provided in Section 4.0 below, to enforce the provisions herein. In addition to the other provisions in this MOU, this Section and Section 2.2 shall survive the termination or expiration of this MOU. 3.0 OBLIGATIONS OF CITY. CITY will provide the services listed on Exhibit B attached and incorporated ("CITY obligations"). 4.0 MUTUAL INDEMNITY AND RELEASE. The CITY and CHAMBER each hereby agree to indemnify, defend, and hold harmless the other party and its officers, employees, agents, and authorized volunteers (collectively, "Indemnitees") from and against any and all claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the indemnifying party's activities in the performance of this MOU, or to the indemnifying party's acts and/or omissions in providing oradministering the same, excepting only those Claims arising out of the sole negligence or willful misconduct of the Indemnitees. This MOU is not intended to and specifically does not create joint and several liability. 5.0 INSURANCE. The parties agree to provide insurance in accordance with the provisions of this Section. 5.1 CITY'S Insurance Obligation. Without limiting the indemnification provisions provided herein, CITY, at itssole expense, shall obtain and keep in force during theterm of this MOU and any extensions thereof, a policy or policies of general liability insurance, or equivalent thereof, covering all injuries to persons and damage to property resulting from any actions or omissions of the CITY in accordance with the terms of this MOU. Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be 431 rated A-/VII I or better by ambest.com. At the CITY's option, CITY shall be allowed to self - insure the insurance coverage as required above. 5.2 CHAMBER'S Insurance Obligation. Without limiting the indemnification provisions provided herein, CHAMBER, at its sole expense, shall obtain and keep in force during the term ofthis MOU and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property resulting from any actions or omissions of CHAMBER in accordance with the terms of this MOU. The policy or policies evidencing such insurance shall be endorsed to name the CITY, its officials, officers, employees, and agents as additional insured, shall provide that same may not be cancelled or amended without thirty (30) days prior notice to CITY, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A -/VI I I or better by ambest.com. Prior to the Commencement Date of this MOU, and upon renewal of such policies, CHAMBER shall submit to CITY certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. a.0 ADDITIONAL PROVISIONS. a.1 In all cases, the language in all parts of this MOU shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this MOU. a.2 This MOU contains the entire agreement of the parties with respect to the subject matters identified in this MOU and supersedes any prior oral or written statements or agreements between the parties with respect to the subject matters identified in this MOU. a.3 No termination or expiration of this MOU shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination or expiration of this MOU. a.4 In the event either party brings any suitor other proceeding with respect to the subject matter or enforcement of this MOU, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys' fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys' fees, expenses, and costs incurred in establishing the right to indemnification). a.5 No waiver of any term or condition of this MOU shall be a continuing waiver thereof. a.6 This MOU is not intended to and does not create any partnership or joint venture between the parties, and each party remains an independent contractor as to the other. Each party shall bear its own liability and there is no joint and several liability as a result of this MOU. [signature on following page] 432 IN WITNESS WHEREOF, CITY and CHAMBER have executed this MOU as evidenced by the signatures contained below: CITY OF LA QUINTA: By: Jon McMillen City Manager Dated: ATTEST: By: Monika Radeva City Clerk APPROVED AS TO FORM: By: William H. Ihrke City Attorney GREATER COACHELLA VALLEY CHAMBER OF COMMERCE: Bv: Brandon Marley President Dated: ATTEST: By: Print Name & Title: APPROVED AS TO FORM AND CONTENT: Bv: Print Name &Title: 433 EXHIBIT "A" Obligations of CHAMBER 1. The Gem Newsletter a. Community Newsletter with circulation by mail to residences and businesses within La Quinta with a monthly frequency and includes digital format and distribution (i.e. email blasts, social media) b. Cityreserves theoptiontopurchase adspace withexclusive pricing that includes: • (9) Months at: $110,088 • 36 Pages • 12 Months • Qty. 21,000 & Bulk Mail/Addressing • (3) Months at: $23,001 • 32 Pages • 12 Months • Qty. 16,000 & EDDM Postage • Digital Version: $7,500 2. State of the City - $15,000 a. Presentation by Mayor and Council of city progress and on -going development efforts. b. Mayor and Council will also present business awards as determined by a process agreed to by both parties. c. GCVCC would stage this annual event; city staff would design and approve format and content 3. 15th Annual Hot Rod & Custom Car Show Sponsorship - $10,000 a. Community Event: annual car show at La Quinta Community Park. i. Projected eventparameters include: a. 80-150 vehicle entries; b. 8-25 food/retail vendors and alcohol sales; c. Live entertainment during the event; and d. La Quinta auto dealership inclusion. b. CityTitleSponsorship, which includes: event materials branding (both print and digital), press release inclusion, and drive marketpromotion(in San Diego and OrangeCounties) 4. Business Development - $8,000 a. Business Outreach/Services i. Ombudsman -like Services ii. Strategic Advertising/PR ill. Regional Investment iv. Workforce and Business Development v. Data Collection of City's Businesses vi. Minimum of (10) in -person business connect type meetings per month vii. (2) Business education workshops per year for businesses 434 Grand Total: $173,589 CHAMBER shall submit monthly invoices to CITY. Such invoices shall be reviewed by a principal member of CHAMBER specifying that the payment requested is for work performed in accordance with the terms of this MOU. CITY will pay CHAMBER for all expenses stated thereon which are approved by CITY and in accordance with this MOU no later than thirty (30) days after invoices are received by the CITY. 435 436 CONSENT CALENDAR ITEM NO. 14 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: ACCEPT SILVERROCK PARK VENUE WI-FI AND CAMERA BACKBONE PROJECT NO. 2022-18 LOCATED AT SILVERROCK PARK RECOMMENDATION Accept the SilverRock Park Venue Wi-Fi and Camera Backbone Project No. 2022-18 as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $3,569, thirty- five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY • The project placed 24-strands of fiber from the intersection of SilverRock (Talus) Way and Avenue 52 to the on -site modular event building at SilverRock Park Venue to allow for the future expansion of the City's Wi-Fi Network and installation of cameras. • The work is complete and Council acceptance will close the contract and allow final payment. FISCAL IMPACT The following is the financial accounting for Project No. 2022-18: Original Contract Amount $ 61,942 Contract Change Orders No. 1 - 5 $ 9,431 Final Contract Amount $ 71,373 Project Budget $ 104,000 Final Contract Amount ($ 71,373) Design & Professional Costs $ 19,650) Inspection, Survey, Plans, & Other Construction Costs $ 1,564 Anticipated Funds Remaining* $ 11,413 * All costs to date have been accounted for and no further costs are anticipated. 437 There are adequate funds to close this project; the final retention amount of $3,569 will be paid from account number 401-0000-20600. 3ACKGROUND/ANALYSIS On August 2, 2022, Council awarded a $61,942 contract to Elecnor Belco Electric, Inc. On August 29, 2022, a Notice to Proceed was issued with a 15-working day completion time starting on September 19, 2022, and ending on October 7, 2022. The project was deemed substantially complete on October 12, 2022. No liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued on October 13, 2022, to allow for furnish and installation of approximately 110 ft. of 1.5-inch conduit and extended the contract completion date to October 10, 2022. Contract Change Order No. 2 was issued on October 26, 2022, to allow for an upgrade of one Small Form -Factor Pluggable (SFP) module from 1 GB to 10 GB. Contract Change Order No. 3 was issued on October 26, 2022, to allow for a fiber splicing change and extended the contract completion date to October 11, 2022. Contract Change Order No. 4 was issued on October 26, 2022, to allow for fiber splicing at the X-Park and extended the contract completion date to October 13, 2022. Contract Change Order No. 5 was issued on June 12, 2023, to allow for final quantity adjustments. Due to supply chain demand, the contractor was waiting for a part to come in which resulted in a later acceptance date. The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 438 SilverRock Venue ATTACHMENT 1 Vicinity Map .... ............................................. .......................................rz::::: ... as iid s:::::::::::::::: .......... :::::::::::::: ��:::::::::::::::::::::::::::::::::::::::: ........................................... V.C:kSY_�If:t_�4Li5Q:::::::::::::::::::::::::::::::::::::: . I: :: ::'SA ■fG�l.7 :::::::............................a................................... .. .. .. .. .. .. ......... .. .. ... ..:...:...:.::.:.:.......::::: ............................ .. .. .. .. .. .. .. .. ......... .. .. x y� ::...... 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REPORT PRINTED ON...2/21/2019 2:50:13 PM © Rk% a County GIS 440 CONSENT CALENDAR ITEM NO. 15 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: ACCEPT X-PARK PROJECT NO. 2015-09, LOCATED ON BLACKHAWK WAY RECOMMENDATION Accept the X-Park Project No. 2015-09 as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $188,625, thirty-five days after the Notice of Completion is recorded. EXECU FIVE SUMMARY • The project constructed 31,000 square -feet of skating and bicycling area with bowls and features for all age ranges and abilities: including a parking lot, a 1,400 square - foot pro -shop, pump track, and retention basins. • The work is complete and Council acceptance will close the contract and allow final payment. FISCAL IMPACT The following is the financial accounting for Project No. 2015-09: Original Contract Amount $ 2,800,000 Amendments no. 1 — 5 957 710 Contract Change Orders no. 1 — 2 $ 14,785 Final Contract Amount $ 3,772,495 Project Budget $ 4,686,639 Final Contract Amount ($ 3,772,495) Pre -Design Contract Amount $ 45,000 Professional, & Personnel Costs $ 64,798 Land Acquisition $634,682 Inspection, Survey, Plans, & Other Construction Costs 123 264 Anticipated Funds Remaining* $ 46,400 * All costs to date have been accounted for and no further costs are anticipated. There are adequate funds to close this project; the final retention amount of $188,625 will be paid from account number 401-0000-20600. 441 BACKGROUND/ANALYSIS On June 5, 2018, Council awarded a $2,800,000 design -build contract to Spohn Ranch. Amendment No. 1 was approved by Council on March 19, 2019, amending the contract sum by $817,000, for a total not to exceed amount of $3,617,000 and extended the term to February 29, 2020. Amendment No. 2 was approved by Council on May 21, 2019, to remove irrigation and landscaping services for the X-Park, amending the contract sum by $106,000 for a revised not to exceed amount of $3,511,000. Amendment No. 3 was executed on February 25, 2020, and extended the contract term to June 30, 2021. Amendment No. 4 was approved by Council on September 15, 2020, to amend the contract sum for a total not to exceed amount of $3,714,126 due to an amendment to the Scope of Services and extension of term to December 31, 2021. On December 1, 2020, a Notice to Proceed was issued with a 250-working day completion time starting on December 1, 2020, and ending on December 1, 2021. The project was deemed substantially complete on March 23, 2022. Liquidated damages are recommended in the amount of $34,000. The recommended liquidated damages have been factored into Contract Change Order No. 2. Contract Change Order No. 1 was issued to allow for standard power outlets with ground fault circuit interrupter (GFI) protection on light poles, 1" conduit receptacles and wiring, additional administrative time, and additional bonding. Contract Change Order No. 2 was issued to allow for credit for change or vert ramp location, removal and disposal of 4 trees, installation of 4" conduit under parking lot and sidewalk, additional 6' fence, additional 4' fence, wiring and conduit for four (4) 5G poles, credit for wiring that wasn't installed, credit for guard rails not installed, credit for turn down wall not installed, and 68 days of liquidated damages at $500/day. The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Management Assistant Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 442 ATTACHMENT 1 443 444 CONSENT CALENDAR ITEM NO. 16 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE THE CITY'S PROJECT LIST FOR FISCAL YEAR 2023/24 FOR SENATE BILL 1 - ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING RECOMMENDATION Adopt a resolution to approve the City's project list for fiscal year 2023/24 to receive estimated funds from Senate Bill 1, Road Repair and Accountability Act of 2017; and supersede existing resolution 2023-009. EXECUTIVE SUMMARY • On April 4, 2023, Council provided direction on Senate Bill 1 (SB-1) funding through the Capital Improvement Program (CIP) study session discussion. • To receive the SB-1 funds, the City must comply with the following requirements: o Demonstrate an annual Maintenance of Effort (MOE) expenditure from the City's General Fund in the amount of $1,786,109; and o Submit a Council resolution which lists the projects to be funded in the following fiscal year with SB-1 funds, including a project description, location, schedule of completion, and estimated useful life of the improvements. • On April 18, 2023, the City Council adopted Resolution No. 2023-009 to approve the City's project list for fiscal year (FY) 2023/24 to receive estimated funds from SB-1, Road Repair and Accountability Act of 2017. • The City's estimated funds apportionment for FY 2023/24 was revised by the state in late May from $949,613 to $917,400, and Staff has revised the project list for FY 2023/24 to the $917,400 estimate. FISCAL IMPACT The following table lists the total amount to be expended per fiscal year based on the currently identified SB-1 funded CIP projects: 2023124 1 2024125 1 2025126 1 2026127 1 2027128 TOTAL $917,400 $959,109 $950,000 $997,088 $988,171 $4,811,768 445 BACKGROUND/ANALYSIS SB-1 created new permanent funding for road maintenance and rehabilitation projects. Each city and county must submit a project list to the California Transportation Commission by July 1, 2023, to be eligible for SB-1 funding for the following FY. On April 18, 2023, the City Council adopted Resolution No. 2023-009 which approved the City's SIB-1 project list for FY 2023/24. In late May the City's estimated funds apportionment for FY 2023/24 was revised by the state from $949,613 to $917,400, and Staff has revised the project list for FY 2023/24 to the $917,400 estimate by reducing the proposed SB-1 funding for the Avenue 50 Widening Improvements (Jefferson Street to Madison Street) from $471,613 to $439,400. The revised draft FY 2023/24 through 2027/28 CIP proposes using SIB-1 funding for the following transportation improvements: Project Description 2023/24 2024/25 2025/26 2026/27 2027/28 Total Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) $478,000 $478,000 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) $439,400 $579,109 $1,018,509 Frances Hack Lane (Avenida Bermudas to Cul-de-sac) $380,000 $380,000 Cove Area Slurry Seal Improvements Phase 2 $950,000 $950,000 Citywide Arterial Slurry Seal Improvements $997,088 $997,088 Washington Street Pavement Rehabilitation $988,171 Project (Sagebrush Lane to $988,171 Fred Waring Drive TOTAL: $917,400 $959,109 $950,000 $997,088 $988,171 $4,811,768 The Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) and Avenue 50 Widening Improvements (Jefferson Street to Madison Street) are proposed to receive SB-1 funds in FY 2023/24. The improvements on Washington Street include construction of a 6-foot sidewalk from Avenue 50 to Calle Tampico. The improvements on Avenue 50 include widening Avenue 50 from Jefferson Street to Madison Street to the general plan roadway conditions, including a multi -use trail along the north side. 446 kLTERNATIVES Council may elect not to approve the revised SB-1 Resolution and decline SB-1 funds. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer 447 RESOLUTION NO. 2023 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of La Quinta (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $917,400 in RMRA funding in Fiscal Year 2023-24 from SB 1; and WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list through three (3) public meeting opportunities; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost-effective projects that also meet the community's priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one street/road project in the City this year and other similar projects into the future; and WHEREAS, the City's current Pavement Management Plan found that the City's streets and roads are in a "very good" condition and are currently ranked with an overall 448 Resolution No. 2023 - xxx The Road Repair and Accountability Act of 2017 - Fiscal Year 2023-24 (SB-1) Adopted: June 20, 2023 Page 2 of 3 80 Pavement Condition Index (PCI). This revenue will assist the City in maintaining the very good roadway system condition over the next decade and beyond; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide. WHEREAS, on June 20, 2023, by a majority vote of the City Council of the City of La Quinta, California, the following projects were selected: Project Name Fiscal Year Amount 1. Washington Street Sidewalk Improvements 2023/24 $478,000 2. Avenue 50 Widening Improvements 2023/24 $439,400 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The following list of proposed projects will be funded in -part or solely with fiscal year 2023-24 Road Maintenance and Rehabilitation Account revenues: Project Name 1. Washington Street Sidewalk Improvements Fiscal Year Amount 2023/24 $478,000 Title: Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) Description: The proposed improvements along The improvements on Washington Street include construction of a 6 ft. sidewalk from Avenue 50 to Calle Tampico. Estimated Useful Life: 20 Years. Project Name 2. Avenue 50 Widening Improvements Fiscal Year Amount 2023/24 $439,400 Title: Avenue 50 Widening Improvements (from Jefferson Street to Madison Street) Description: The proposed improvements on Avenue 50 include widening Avenue 50 from Jefferson Street to Madison Street to the general plan roadway conditions, including construction of a multi -use trail along the north side. Estimated Useful Life: 20 Years. 449 Resolution No. 2023 - xxx The Road Repair and Accountability Act of 2017 - Fiscal Year 2023-24 (S13-1) Adopted: June 20, 2023 Page 3 of 3 SECTION 3. This resolution shall go into effect upon adoption and shall supersede Resolution No. 2023-009 adopted on April 18, 2023. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 450 CONSENT CALENDAR ITEM NO. 17 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE.- ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 INVESTMENT POLICY RECOMMENDATION Adopt a resolution to approve fiscal year 2023/24 Investment Policy. EXECU + IVE SUMMARY • The California Government Code requires the City Treasurer to submit an annual statement of investment policy. • As part of their work plan, and as stated in Section XVIII of the City's Investment Policy (Policy), The Financial Advisory Commission (FAC) is asked to review the Policy annually. • The FAC reviewed and approved the draft Policy for fiscal year (FY) 2023/24 on May 10, 2023. FISCAL IMPACT - None. BACKGROUND The City has been awarded the Investment Policy Certificate of Excellence from the Association of Public Treasurers of the United States and Canada (APT US&C), and has been certified by the California Municipal Treasurers Association (CMTA). In addition, there were no new regulatory changes in FY 2022/23 that affected the City's policy. Therefore, staff recommends no significant changes to the current policy. The following minor edits, along with punctuation or format changes and updates to the dates, are identified as red -lined in Attachment 1: • Section IX Authorized Financial Dealers: In the last paragraph, added "or deposit" so that the sentence reads "The City shall not invest or deposit in excess of the FDIC insured amount in banking institutions which do not disclose to the City a current listing of securities pledged for collateral ization in public monies." • Edits to Appendix C — Segregation of Major Job Responsibilities: Reflects updated job titles. 451 • Edit to Appendix D-Approved Financial Institutions: Bank of the West was acquired by BMO and banking accounts are expected to transition to the new name in the Fall of 2023, therefore BMO Commercial Bank is being added to the list. ALTERNATIVES The policy has been recognized by APT US&C and CMTA as being comprehensive as written and is in compliance with California Government Code, therefore no alternatives are recommended at this time. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Claudia Martinez, Finance Director Attachment: 1. Draft Investment Policy for Fiscal Year 2023/24 (red -lined) 452 RESOLUTION NO. 2023 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING AND ADOPTING FISCAL YEAR 2023/2024 INVESTMENT POLICY WHEREAS, the general purpose of the Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta; and WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The investment portfolio shall remain sufficiently li uid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or iy eld throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs; and WHEREAS, authority to manage the City of La Quinta's investment portfolio is derived from the City's municipal code, management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy for each Fiscal Year; and WHEREAS, the Investment Policy will be adopted before the end of June of each year and amended as considered necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: SECTION 1. This Resolution supersedes all prior Investment Policy resolutions adopted by the City Council. SECTION 2. The City Council hereby adopts the Fiscal Year 2023/2024 Investment Policy attached hereto as "Exhibit A" and incorporated herewith by this reference. SECTION 3. Severability — if any provisions of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other 453 Resolution No. 2023-XXX Investment Policy for Fiscal Year 2023/2024 Adopted: June 20, 2023 Page 2 of 2 provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 4. This Resolution shall become effective upon adoption. The Investment Policy adopted by this Resolution shall go into effect July 1, 2023. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of June, 2023, by the following vote: AYES: NOES: ABSTAIN: ABSENT: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 454 INVESTMENT POLICY 4 a(4t' OUL&(v Fiscal Year 2023-2024 Table of Contents Section Topic Page Executive Summary 1 I General Purpose 2 II Investment Policy 2 III Scope 2 IV Objectives 3 V Maximum Maturities 5 VI Prudence 5 VII Authority 5 VIII Ethics and Conflicts of Interest 6 IX Authorized Financial Dealers and Institutions 6 X Permissible Deposits and Investments 7 XI Investment Pools 10 XII Payment and Custody 10 XIII Interest Earning Distribution Policy 11 XIV Internal Controls and Independent Auditors 11 XV Reporting Standards 12 XVI Review of Investment Portfolio 13 XVII Financial Advisory Commission — City of La Quinta 13 XIII Investment Policy Adoption 13 Appendices Top i c Page A Municipal Code Ordinance 2.70 — Financial Advisory Commission 14 B Municipal Code Ordinance 3.08 — Investment of Moneys and Funds 16 C Segregation of Major Investment Responsibilities 18 D Listing of Approved Financial Institutions 19 E Investment Management Process and Risk 20 F Glossary 22 456 CITY OF LA QUINTA Investment Policy Fiscal Year 2023/2024 EXECUTIVE SUMMARY The general purpose of this Investment Policy is to provide the rules and standards that must be followed in administering the City of La Quinta's (the "City") deposits and investments. The City's Investment Policy conforms to all state and local statutes and applies to all deposits and investments of the City, with the exception of bond proceeds and those noted in section III herein. It is the City's policy to deposit and invest public funds in a manner that shall provide safety of principal, liquidity to meet the City's obligations and requirements that may be reasonably anticipated, and a risk -based market rate of return. Authority to manage the City's investment portfolio is derived from the City Municipal Code. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The City Manager, City Treasurer, and City employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. The Investment Policy shall be adopted by resolution of the La Quinta City Council on an annual basis, before the end of each fiscal year (June). Page 1 of 27 457 City of La Quinta Statement of Investment Policy July 1, 2023 through June 30, 2024 Adopted by the City Council on June 206, 2023 L GENERAL PURPOSE The general purpose of this document is to provide the rules and standards that must be followed in administering the City of La Quinta's deposits and investments. II. INVESTMENT POLICY It is the policy of the City of La Quinta to deposit and invest public funds in a manner that shall conform to all State and local statutes governing the investment of public funds and set forth the permissible deposits and investments of the City's funds and the limitations thereon. M. SCOPE Except noted below, this Investment Policy applies to all deposits and investments of the City of La Quinta, the Successor Agency to the City of La Quinta Redevelopment Agency, and the City of La Quinta Financing and Housing Authorities. These funds are reported in the City's Annual Comprehensive Financial Report (ACFR) and include all funds within the following fund types: ➢ General ➢ Special Revenue ➢ Capital Projects ➢ Debt Service ➢ Enterprise ➢ Internal Service ➢ Trust and Agency ➢ Any new fund types and fund(s) that may be created. Financial assets and investment activity not subject to this policy The City's Investment Policy does not apply to the following: ➢ Cash and Investments raised from Conduit Debt Financing; ➢ Funds held in trust in the City's name in pension or other post -retirement benefit programs; ➢ Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects; ➢ Short or long-term loans made to other entities by the City or Agency; ➢ Short term (Due to/from) or long term (Advances from/to) obligations made either between the City and its funds or between the City and Agency; and ➢ Investment of bond proceeds. The City's Investment Policy shall not govern bond proceeds and bond reserve fund investments. California Code Section Page 2 of 27 458 5922(d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions. Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. These arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity, and to rebate excess earnings, if necessary. M OBJECTIVES The objectives of the City's investment activity, in order of priority and importance, are: A. Safety of Principal Safety of principal is the foremost objective of the City's investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of principal of the overall portfolio in accordance with the permissible deposits and investments. The City shall endeavor to preserve its investment principal by making only permissible deposits and investments, undertaken in a controlled manner to minimize the possibility of loss or misappropriation through malfeasance or otherwise. Investments not backed by the full faith and credit of the United States Government shall be diversified by allocating assets between different types of permissible investments, maturities, and issuers as a means to mitigate credit risk and interest rate risk. Investment in any single security type or single financial institution shall be limited to the maximum percentages and/or dollar amounts as noted in Section X. 1. Credit Risk is the risk of loss from the failure of the security issuer or backer. Credit risk may be mitigated by: • Limiting investments to investment grade securities as permitted in Section X; and • Diversification- reducing concentration risk by limiting the total amount invested in individual issuers of securities in the investment portfolio so that potential losses due to issuer failure or securities downgrades may be minimized. 2. Interest Rate Risk is the risk that market values of securities in the portfolio will decline due to changes in general interest rates. Interest rate risk may be mitigated by: Page 3 of 27 459 • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and • Investing operating funds primarily in shorter -term securities. 3. Liquidity Risk is the risk that a security cannot be liquidated because of its unique features or structure or because it is thinly traded. Liquidity risk is not a material issue for the City's portfolio because of the permissible deposits and investments (see Section X). A discussion of the City's investment process and risk is presented in Appendix E. B. Provide Liquidity The investment portfolio shall remain sufficiently liquid to meet all of the City's cash needs that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore, since all possible cash needs cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. The City's policy is to generally hold securities and other investments to maturity. However, securities may be sold prior to maturity under certain circumstances as follows: • A security with declining credit quality can be sold early to minimize loss of principal. • Unanticipated liquidity needs of the portfolio require that one or more securities be sold. • When a sale/repurchase is fiscally advantageous based on market conditions and fits the needs of the portfolio C. Yield a Risk -Based Market Rate of Return The City's investment portfolio shall be structured with the objective of yielding a risk -based market rate of return throughout budgetary and economic cycles. Return on investment is less important than the safety and liquidity objectives described above. The City's Investment Policy does not specify a single benchmark as a goal or target yield for a rate of return on its investment portfolio. The portfolio's rates of return will be influenced by several factors, including actions by the Federal Reserve Board, the marketplace, and overall economic perceptions and conditions. Performance Standards: As a basis for comparison only, the Treasurer's quarterly reports will display the rates of return on the three-month Bill, six-month Bill, the one and two-year U.S. Treasury Note, and the yield for the State Treasurer's Local Agency Investment Fund (LAIF). The Treasurer may use these or any other published rates of return that the Treasurer deems appropriate for comparison to the return on the City's investment portfolio. Page 4 of 27 460 The investment portfolio shall be designed with the objective of obtaining a market rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. V. MAXIMUM MATURITIES It is the City's policy to generally hold securities and other investments until maturity. This buy -and - hold policy shall not prevent the sale of a security as listed in section IV.B The general buy -and -hold strategy requires that the City's investment portfolio be structured so that sufficient liquid funds are available from maturing investments and other sources to meet all reasonably anticipated cash needs. The City shall follow Title 5 of the California Government Code §53601 (the "State Code") regarding maximum maturities, in that "no investment shall be made in any security... that at the time of the investment has a term remaining to maturity in excess of five years". VI. PRUDENCE and FIDUCIARY DUTY The City shall follow the State Code §53600.3 regarding fiduciary duty and the Prudent Investor Standard as follows: Except as provided in subdivision (a) of §27000.3, all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. VII. AUTHORITY Authority to manage the City's investment portfolio is derived from Chapter 3.08 of the City's Municipal Code. Management responsibility for the investment program is delegated to the City Treasurer for a period of one year pursuant to the City Council's annual adoption of the Investment Policy. The City Treasurer shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may Page 5 of 27 461 engage in an investment transaction except as provided under the terms of this Investment Policy (see Appendix C) and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinateofficials. VIII. ETHICS AND CONFLICTS OF INTEREST The City Manager, City Treasurer, and City employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. The City will maintain compliance with the procedures set forth in the Conflicts of Interest and Acceptance of Gifts and other Gratuities section of the City of La Quinta Personnel Manual and the City's Municipal Code Chapter 2.60 Conflicts of Interest. Any questionable activity or relationship shall be reported immediately; reporting must be made in accordance with the personnel policies of the City and, until resolved, the officer or employee shall refrain from participating in the City's business related to the matter. The City Manager, City Treasurer, and City employees may conduct personal business with banks, brokers, and other financial institutions that are authorized to conduct business with the City provided that the terms of the activity to the accountholder with the City are the same as those that are available to the public in general, or to all employees as a result of contract negotiations. IX. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Treasurer maintains a listing of financial institutions which are approved for direct investment purposes, as well as a list of approved broker/dealers. 1. Broker/Dealers who desire to become bidders for direct investment transactions must supply the City with the following: • Current audited financial statements; • Proof of Financial Industry Regulatory Authority (FINRA) Certification; • Proof of State of California registration; • Resume of financial broker; and • Completion of the City of La Quinta Broker/Dealer Questionnaire, which contains a certification of having read the City's Investment Policy. The City Treasurer or designee shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and/or individual(s) conducting investment related business. The City Treasurer or designee may also contact the following agencies during the verification process: • Financial Industry Regulatory Authority (FINRA) Public Disclosure Report File (1- 800-289-9999). Page 6 of 27 462 • State of California Department of Financial Protection and Innovation (1- 866-275- 2677). A professional investment manager or management firm, if engaged by the City pursuant to Section X of this policy, may utilize their own list of approved broker/dealers on the condition that any such list is provided to the City upon request. All Broker/Dealers and financial institutions that provide investment services will be subject to City Council approval. An annual review of the financial condition and registrations of approved broker/dealers will be conducted by the City Treasurer or designee. Current audited financial statements and/or System and Organizational Controls (SOC- 1 and/or SOC-2) internal control reports may be maintained on file for each financial institution and broker/dealer with which the City conducts business. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment (see Appendix D, "Listing of Approved Financial Institutions"): • Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUSIF). • Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Call Report (Consolidated Reports of Condition and Income) if requested. These reports can also be found at: https://cdr.ffiec.gov/public/ManageFacsimiles.aspx The City shall not invest or deposit in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateral ization in public monies. X. PERMISSIBLE DEPOSITS AND INVESTMENTS It is the City's policy to follow Title 5 of the California Government Code (the "State Code") in regard to allowable securities, and to be sufficiently diversified with regard to security type and issuer. Permissible deposits and investments, as allowed by Chapter 4, Part 1, Division 2, Title 5 (hereinafter cited by §), include, but are not limited to, the following list. The State Code can be directly referenced at https://Ieginfo.legislature.ca.gov/ Page 7 of 27 463 Checking. Savings. and Sweep Accounts - The City will only maintain checking and savings accounts with state or national banks, savings associations, federal associations, and/or credit unions in accordance with §53635.2. • Collateralization: The amount of the City's deposits or investments not insured by the FDIC shall be collateralized by securities in accordance with §53652. The Treasurer may invest in an interest -bearing active deposit account as approved in §53632. The deposit account must be collateralized with securities that are in accordance with §53632.5. In addition, the market value of the collateralized securities must be maintained in accordance with §53652 and be held by a custodian in accordance with the requirements of §53656. The proportion of the City's share of the deposit account shall be determined in accordance with §53658. Certificates of Deposit (Negotiable and Non-negotiable) — As authorized in §53601(i), the City may invest in Non -Negotiable and Negotiable Certificates of Deposits (CD) up to 30% of the overall portfolio. In no instance shall a CD or combined CDs with a single issuer exceed the FDIC or NCUSIF insurance limit of $250,000. U.S. Treasury Bills. Notes. and Bonds — As authorized in §53601(b), the City may invest in U.S. Treasury bills, notes, and bonds directly issued and backed by the full faith and credit of the U.S. Government. The City's Investment Policy provides for investments in U.S. Treasury issues of 100% of the portfolio. U.S. Government Agency Securities and Federal Government Securities — As authorized in §53601(f), the City may invest in securities issued by U.S. Government instrumentalities and agencies (commonly referred to as government sponsored enterprises or LSE's). These securities may not be backed by the full faith and credit of the U.S. Government (with the exception of Government National Mortgage Association (GNMA) securities). Examples of GSE's include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), Federal Home Loan Bank (FHLB), Federal Farm Credit Banks Funding Corporation (FFCB), Federal Agricultural Mortgage Corporation (FAMC), Tennessee Valley Authority (TVA), and GNMA securities. The City's Investment Policy allows investment only in securities of GNMA, FNMA, FHLMC, FHLB, and FFCB. For Fiscal Year 2022-23, the maximum face amount per issuer is $20 million and the maximum face amount per purchase is $10 million. Prime Commercial Paper — As authorized in §53601(h), a portion of the City's portfolio may be invested in commercial paper of the highest rating as provided for by a nationally recognized statistical rating organization (NRSRO) such as Moody's, Fitch, or Standard & Poor's (S&P). There are a number of other qualifications regarding investments in commercial paper based on the financial strength and size of the corporation and the size of the investment. The City limits on prime commercial paper are as defined in the State Code. Page 8 of 27 464 Local Agency Investment Fund (LAIF) —As authorized in §16429.1 and by LAIF policies, local government agencies are each authorized to invest up to the deposit limit as designated by the California State Treasurer. The City Treasurer may not invest more than the maximum amount per account as allowed byLAIF. Money Market Mutual Funds —As authorized in §53601(1), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). Corporate Notes — As authorized in §53601(k), local agencies may invest in corporate notes. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City's Investment Policy allows investment in corporate notes authorized by the Government Code with the following limitations: • Maximum 30% of the portfolio; • Maturities shall not exceed five years from date of purchase; • Eligible notes shall be regularly quoted and traded in the marketplace; • Eligible notes shall be in a rating category of "AX or better by an NRSRO; • The maximum aggregate investment in each issuer shall not exceed $5 million (PAR value), or no more than 10% of the total investment assets in the commercial paper and the medium -term notes of any single issuer. Professionally Managed Account(s) — The City Treasurer may place up to 50% of the portfolio with a professional portfolio management/investment management firm (firm). The firm will be approved by the City Council based upon the City Treasurer's recommendation pursuant to completion of a public request for proposal (RFP). The firm shall have: • An established professional reputation for asset or investment management; • Knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds; • Substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City; • Professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City; and Page 9 of 27 465 • Registration with the Securities and Exchange Commission under the Investment Advisers Act of 1940 Before engagement by the City and except as may be specifically waived or revised, the firm shall commit to adhere to the provisions of the City's Investment Policy with the following exceptions: • The firm may be granted the discretion to purchase and sell investment securities in accordance with this Investment Policy; • The firm is not required to adhere to a buy -and -hold policy; and • The firm does not need City Manager or City Treasurer approval to make permissible investments. Local Agency Bonds and California Local Agency Obligations — As authorized in §53601(a) and §53601(e), the City may invest in California local agency obligations. §53601(a) pertains to investing in bonds issued by a local agency, or by the department, board, agency or authority of the local agency. §53601(e) pertains to investing in bonds and other defined indebtedness of any local agency, or department, board, agency or authority of the local agency within the State of California. The Agency obligations must be invested in the long-term rating category of A or better by an NRSRO. In the case of an initial public offering, including refinancings, the Treasurer may purchase directly from the Bond Underwriter. In the case of secondary issues, the Treasurer will rely on the approved Broker/Dealers. XI. INVESTMENT POOLS There are three (3) types of investment pools: • State -run pools (e.g., LAIF); • Pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee (e.g., County Pools, and Joint Powers Authorities such as the California Asset Management Program (CAMP)); and • Pools that are operated for profit by third parties (e.g. money market funds). The City's Investment Policy permits investment in pools and money market funds as authorized by State Code §16429.1, §53601(1) and §53601(p). M. PAYMENT AND CUSTODY The City shall engage qualified third -party custodians to act in a fiduciary capacity to maintain appropriate evidence of the City's ownership of securities and other eligible investments. Such custodians shall disburse funds received from the City for a purchase to the broker, dealer or seller only after receiving evidence that the City has legal, record ownership of the securities. Page 10 of 27 466 Even though ownership is evidenced in book -entry form rather than by actual certificates, this procedure is commonly referred to as the delivery versus payment (DVP) method for the transfer of securities. XIII. INTEREST EARNING DISTRIBUTION POLICY Interest earnings are generated from pooled investments and specific investments. The following provisions apply to the calculation and distribution of interest earnings. 1. Pooled Investments — It is the general policy of the City to pool all available operating cash of the City of La Quinta, Successor Agency to the City of La Quinta Redevelopment Agency, La Quinta Financing Authority, and La Quinta Housing Authority, and to allocate interest earnings as a payment to each fund of an amount based on the month -end cash balance included in the common portfolio for the earning period. 2. Specific Investments — Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. XIV. INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: • Safeguard assets; • The orderly and efficient conduct of its business, including adherence to management policies; • Prevention or detection of errors and fraud; • The accuracy and completeness of accounting records; and • Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: • Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. • Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. • Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. • Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes Page 11 of 27 467 place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. • Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities (Appendix C). • Written confirmation of telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported by written communications or electronic confirmations and approved by the appropriate person. Written communications may be via fax or email if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal orwritten follow- up. • Development of a wire transfer agreement with the City's bank and third -party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The system of internal controls developed by the City shall be reviewed annually by the independent auditor in connection with the annual audit of the City's Financial Statements. The independent auditor's letter on internal control over financial reporting and compliance as it pertains to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The auditor's letter, as it pertains to cash and investment activities, and the City Treasurer's response shall be provided to the City's Financial Advisory Commission for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Financial Advisory Commission and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. See Appendix C, "Segregation of Major Investment Responsibilities." X)L REPORTING STANDARDS The City Treasurer shall submit a quarterly Treasurer's Report to the City Council and the Financial Advisory Commission that includes all cash and investments under the authority of the Treasurer. In addition, the City Treasurer or designee shall ensure all investment transactions are reported on a monthly basis as they occur throughout the quarter. The Treasurer's Report shall summarize cash and investment activity and changes in balances and include the following: • A certification by the City Treasurer; • A listing of purchases and sales/maturities of investments; Page 12 of 27 468 • Cash and Investments categorized by authorized investments; LAIF will also be provided quarterly and show yield and maturity; • Comparison of month -end actual holdings to Investment Policy limitations; • A two-year list of historical interest rates. XVI. REVIEW OF INVESTMENT PORTFOLIO The securities held by the City must be in compliance with this Policy at the time of purchase. Due to market conditions, some securities may no longer comply subsequent to the date of purchase, therefore a quarterly review of the portfolio will be conducted to identify any securities which may have fallen out of compliance. Any major incidences of noncompliance identified during such review will be reported to the Financial Advisory Commission for confirmation of staff course of action. XVII. FINANCIAL ADVISORY COMMISSION - CITY OF LA QUINTA The Financial Advisory Commission (FAC) is composed of seven members from the public that are appointed by the City Council. The FAC's membership, qualifications, and powers and duties are prescribed in Chapter 2.70 of the La Quinta Municipal Code and included in this policy as Appendix A. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each commissioner will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the FAC. All commissioners shall report annually to the City Clerk on Form 700, Statement of Economic Interests, any activities, interests, or relationships that may be, or have the appearance of, a conflict of interest. XVIII. INVESTMENT POLICY ADOPTION The City's Investment Policy will be reviewed annually by the City's Financial Advisory Commission and the City Treasurer. The Financial Advisory Commission will forward the Investment Policy with any revisions to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Financial Advisory Commission, City Manager, City Attorney, and City Treasurer to review the Investment Policy and any comments prior to submission to the City Council for their consideration. The Investment Policy shall be adopted by resolution of the City Council annually before the end of June of each year. Page 13 of 27 469 APPENDIX A City of La Quinta Municipal Code Chapter 2.70 FINANCIAL ADVISORY COMMISSION 2.70.010 General rules regarding the financial advisory commission. Except as set out below, see Chapter 2.06 for general provisions. 2.70.020 Number of members. The financial advisory commission ("FAC") shall initially consist of seven members appointed by, and serving at the will of, the city council. The city council may increase or decrease the number of members from time to time but in no event shall the membership exceed nine members or be less than five members. 2.70.30 Qualifications of members. A. In addition to the qualification requirements set forth in Section 2.06.040 of this code, a minimum of three of the members shall be finance professionals and shall have a verifiable background in finance and/or securities, preferably with knowledge and/or experience in markets, financial controls and accounting for securities. B. For those applying for the professional position, background information will be requested, and potential candidates must agree to a background check and verification by the city manager or designee. 2.70.040 Powers and duties. A. The principal functions of the FAC are: 1. Review at least annually the city's investment policy and recommend appropriate changes; 2. Review at least quarterly the treasury report and note compliance with the investment policy and adequacy of cash and investments for anticipated obligations; 3. Receive and consider other reports provided by the city treasurer; 4. Meet with the independent auditor after completion of the annual audit of the city's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities; 5. Review at least annually the revenue derived from the one percent (1 %) transactions and use tax instituted by voters in November 2016 to ensure these funds are used to provide services, programs and capital projects in the city of La Quinta. Page 14 of 27 470 6. Serve as a resource for the city treasurer on matters such as proposed investments, internal controls, use of or change of financial institutions, custodians, brokers and dealers. B. The FAC will report to the city council after each meeting either in person or through correspondence at a regular city council meeting. (Ord. 556 § 1, 2017) 2.70.050 References to the Investment Advisory Board. If any other chapter(s) or section(s) in this code refers to the Investment Advisory Board, that chapter(s) or section(s) shall be deemed to refer to the Financial Advisory Commission established by the ordinance amending chapter 2.70 of this code. Page 15 of 27 471 APPENDIX 6 City of La Quinta Municipal Code Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by Sections 53607 and 53608 of the California Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer, which, for purposes of this chapter, is defined in Section 2.12.010 of this code. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under the city council adopted city investment policy and any provision of state law relating to the investing of general city funds, including, but not limited to, Sections 53601 and 53635 of the California Government Code, as said sections now read or may hereafter be amended, from moneys in the city treasurer's custody which are not required for the immediate necessities of the city and as he or she may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord.2 § 1 1982) 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be cancelled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 3.08.050 Reports. The city treasurer shall make a quarterly report to the city council of all investments made pursuant to the authority delegated in this chapter and as permitted by Section 53646(b)(1) of the Government Code. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982) Page 16 of 27 472 3.08.060 Deposits of securities Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the city council adopted investment policy and terms of any state law, including, but not limited to, Section 53608 of the Government Code, as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982) 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 36524 of the Government Code and any other applicable provisions of law. (Ord. 2 § 1, 1982) Page 17 of 27 473 APPENDIX C SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Responsible Parties Develop and recommend modifications to the City's City Treasurer, Principal Management Analyst, and formal Investment Policy Financial Advisory Commission Review City's Investment Policy and recommend City Council action Adopt formal Investment Policy Implement formal Investment Policy Review financial institutions and select investments Acknowledge investment selections Execute investment transactions Confirm wires City Manager and City Attorney City Council City Treasurer City Treasurer or Principal Management -Analyst City Manager or his/her designee City Manager, City Treasurer, or Principal Management Analyst Accounting Manager, Senior Accountant, or Administrative Technician Record investment transactions in City's accounting records Accounting Manager or Senior Accountant Investment cerification- match broker confirmation to City's investment records City Treasurer or Principal Management Analyst Reconcile investment records to accounting records and bank statements Principal Management Analyst Reconcile investment records to treasurer's report of investments Security of investments at City Security of investments outside of City Review internal control procedures City Treasurer, Accounting Manager, or Principal Management Analyst Accounting Manager or Administrative Technician Third Party Custodian External Auditor Page 18 of 27 474 APPENDIX D Listing of Approved Financial Institutions Banking Services Custodian Services Deferred Compensation Broker/Dealer Services Government/Joint Powers Authority Pools Trustee Services Other Post Employment Benefits (OPEB) Trust Pension Trust - Administration -Bank of the West, San Francisco, CA (Banking Services) -Sunwest Bank, Irvine, CA (Banking Services - Dune Palms Mobile Estates) -BMO Commercial Bank -The Bank of New York Mellon/Pershing LLC -Stifel -International City/County Management Association Retirement Corporation (ICMA-RC) dba MissionSquare Retirement -Stifel, Nicholaus, & Company, Inc. -Higgins Capital Management, Inc. -Great Pacific Securities -State of California Local Agency Investment Fund (LAIF) -California Asset Management Program (CAMP) -County of Riverside Pooled Investment Fund') -U.S. Bank Trust Company, NA(2) -California Employers' Retirement Benefits Trust (CERBT)/CaIPERS -Public Agency Retirement Services (PARS) (')The County of Riverside Treasurer maintains one Pooled Investment Fund for all local jurisdictions having funds on deposit in the County Treasury. The City's fire funds, which are property taxes collected to fund fire services in the City, are kept in reserve with the County to be used as expenses are incurred. (2) U.S. Bank is the fiscal agent for all of the following bonds: 2013 (refunded in 2021), 2014 (refunded in 2021), 2016, and 2021 Successor Agency to the La Quinta Redevelopment Agency (RDA) Bonds. U.S. Bank is also the trustee and asset custodian for the PARS pension trust. As of January 29, 2022, U.S. Bank, National Association transitioned its Global Corporate Trust business to wholly owned subsidiary U.S. Bank Trust Company, National Association. Page 19 of 27 475 APPENDIX E INVESTMENT MANAGEMENT PROCESS AND RISK Except as provided for in Section 27000.3, Government Code Section 53600.3 declares as a trustee each person, treasurer, or governing body authorized to make investment decisions on behalf of local agencies. Trustees are subject to the prudent investor standard. These persons shall act with care, skill, prudence, and diligence under the circumstances then prevailing when investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds. Section 53600.5 further stipulates that the primary objective of any person investing public funds is to safeguard principal; secondly, to meet liquidity needs of the depositor; and lastly, to achieve a return or yield on invested funds (Government Code Section 27000.5 specifies the same objectives for county treasurers and board of supervisors). Risk is inherent throughout the investment process. There is investment risk associated with any investment activity and opportunity risk related to inactivity. Market risk is derived from exposure to overall changes in the general level of interest rates while credit risk is the risk of loss due to the failure of the insurer of a security. The market value of a security varies inversely with the level of interest rates. If an investor is required to sell an investment with a five percent yield in a comparable seven percent rate environment, that security will be sold at a loss. The magnitude of that loss will depend on the amount of time until maturity. Purchasing certain allowable securities with a maturity of greater than five years requires approval of the governing board (see Government Code Section 53601). Part of that approval process involves assessing and disclosing the risk and possible volatility of longer -term investments Another element of risk is liquidity risk. Instruments with call features or special structures, or those issued by little known companies, are examples of "story bonds" and are often thinly traded. Their uniqueness often makes finding prospective buyers in a secondary market more difficult and, consequently, the securities' marketability and price are discounted. However, under certain market conditions, gains are also possible with these types of securities. Default risk represents the possibility that the borrower may be unable to repay the obligation as scheduled. Generally, securities issued by the federal government and its agencies are considered the most secure, while securities issued by private corporations or negotiable certificates of deposit issued by commercial banks have a greater degree of risk. Securities with additional credit enhancements, such as bankers acceptances, collateralized repurchase agreements and collateralized bank deposits are somewhere between the two on the risk spectrum. The vast majority of portfolios are managed within a buy and hold policy. Investments are purchased with the intent and capacity to hold that security until maturity. At times, market forces or operations may dictate swapping one security for anotheror Page 20 of 27 476 selling a security before maturity. Continuous analysis and fine tuning of the investment portfolio are considered prudent investment management. The Government Code contains specific provisions regarding the types of investments and practices permitted after considering the broad requirement of preserving principal and maintaining liquidity before seeking yield. These provisions are intended to promote the use of reliable, diverse, and safe investment instruments to better ensure a prudently managed portfolio worthy of public trust. Source: Chapter II. Fund Management from the Local Agency Investment Guidelines Issued by California Debt and Investment Advisory Commission Page 21 of 27 477 APPENDIX F GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFRJ: The official annual report for the City of La Quinta. It includes combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CDJ: A time deposit with a specific maturity evidenced by a certificate. Large- denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. CONDUIT FINANCING: A form of Financing in which a government or a government agency lends its name to a bond issue, although it is acting only as a conduit between a specific project and bond holders. The bond holders can look only to the revenues from the project being financed for repayment and not to the government or agency whose name appears on the bond. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. Page 22 of 27 478 DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest -bearing money market instruments that are issued at discount and redeemed at maturity for full face value DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. GOVERNMENT SPONSORED ENTERPRISES (GSEs): Privately held corporations with public purposes created by the U.S. Congress to reduce the cost of capital for certain borrowing sectors of the economy. Securities issues by GSEs carry the implicit backing of the U.S. Government, but they are not direct obligations of the U.S. Government. Typically referred to as 'Agency Bonds' or 'Agencies'. FNMAs or Fannie Mae (Federal National Mortgage Association) - Like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder -owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FHLBs (Federal Home Loan Bank) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. FFCBs (Federal Farm Credit Bank) — Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. Page 23 of 27 479 FHLMCs or Freddie Mac (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Mortgages are purchased solely from the Federal Home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and interest is paid monthly. FAMCs or Farmer Mac (Federal Agricultural Mortgage Corporation) - FAMC increases the availability and affordability of credit for the benefit of American agriculture and rural communities. They are the nation's premier secondary market for agricultural credit, providing financial solutions to a broad spectrum of the agricultural community, including agricultural lenders, agribusinesses, and other institutions that can benefit from access to flexible, low-cost financing and risk management tools. FAMC is regulated by the Farm Credit Administration. Other federal agency issues are Small Business Administration notes (SBA's), Government National Mortgage Association notes (GNMA's), and Tennessee Valley Authority notes (TVA's). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit per entity. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open- market operations. FEDERAL OPEN MARKET COMMITTEE (FOMCI: Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven -member Board of Governors in Washington, D.C., 12 regional banks and about 3,000 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "pass-throughs" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund): - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period, the minimum transaction is $5,000 and the City follows the state guidance for maximum total balance. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time Page 24 of 27 480 they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one-half of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase -reverse repurchase agreements that establish each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer- lender to liquidate the underlying securities in the event of default by the seller - borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. NRSRO (NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONu: A credit rating agency recognized by the Securities and Exchange Commission (SEC). Examples include Fitch Ratings, Inc., Moody's Investor's Services, Inc., and S&P Global Ratings, among others. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker -dealers, banks and a few unregulated firms. Page 25 of 27 481 QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO) and REVERSE REPURCHASE AGREEMENTS (RRP or RevRer)o): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money that is increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. SSAE 16: The Statement on Standards for Attestation Engagements No. 16 (SSAE 16) is a set of auditing standards and guidance on using the standards, published by the Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants (AICPA) for redefining and updating how service companies report on compliance controls. The Service Organizational Control report (SOC-1) contains internal controls over financial reporting and is used by auditors and office controllers. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, and derivative -based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest- bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. Page 26 of 27 482 TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10years. TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Page 27 of 27 483 484 INVESTMENT POLICY 4 a(4t' OUL&(v Exhibit A Fiscal Year 2020232023- 2024 Table of Contents Section Topic Page Executive Summary 1 I General Purpose 2 II Investment Policy 2 III Scope 2 IV Objectives 3 V Maximum Maturities 5 VI Prudence 5 VII Authority 5 VIII Ethics and Conflicts of Interest 6 IX Authorized Financial Dealers and Institutions 6 X Permissible Deposits and Investments 7 XI Investment Pools 10 XII Payment and Custody 10 XIII Interest Earning Distribution Policy 11 XIV Internal Controls and Independent Auditors 11 XV Reporting Standards 12 XVI Review of Investment Portfolio 13 XVII Financial Advisory Commission — City of La Quinta 13 XIII Investment Policy Adoption 13 Appendices Topic Page A Municipal Code Ordinance 2.70 — Financial Advisory Commission 14 B Municipal Code Ordinance 3.08 — Investment of Moneys and Funds 16 C Segregation of Major Investment Responsibilities 18 D Listing of Approved Financial Institutions 19 E Investment Management Process and Risk 20 F Glossary 22 486 CITY OF LA QUINTA Investment Policy Fiscal Year 2022120232023/2024 EXECUTIVE SUMMARY The general purpose of this Investment Policy is to provide the rules and standards that must be followed in administering the City of La Quinta's (the "City") deposits and investments. The City's Investment Policy conforms to all state and local statutes and applies to all deposits and investments of the City, with the exception of bond proceeds and those noted in section III herein. It is the City's policy to deposit and invest public funds in a manner that shall provide safety of principal, liquidity to meet the City's obligations and requirements that may be reasonably anticipated, and a risk -based market rate of return. Authority to manage the City's investment portfolio is derived from the City Municipal Code. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The City Manager, City Treasurer, and City employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. The Investment Policy shall be adopted by resolution of the La Quinta City Council on an annual basis, before the end of each fiscal year (June). Page 1 of 27 487 City of La Quinta Statement of Investment Policy July 1, 2021 2023 through June 30, 2022 2024 Adopted by the City Council on June 2021-6, 20222023 L GENERAL PURPOSE The general purpose of this document is to provide the rules and standards that must be followed in administering the City of La Quinta's deposits and investments. II. INVESTMENT POLICY It is the policy of the City of La Quinta to deposit and invest public funds in a manner that shall conform to all State and local statutes governing the investment of public funds and set forth the permissible deposits and investments of the City's funds and the limitations thereon. M. SCOPE Except noted below, this Investment Policy applies to all deposits and investments of the City of La Quinta, the Successor Agency to the City of La Quinta Redevelopment Agency, and the City of La Quinta Financing and Housing Authorities. These funds are reported in the City's Annual Comprehensive Financial Report (ACFR) and include all funds within the following fund types: ➢ General ➢ Special Revenue ➢ Capital Projects ➢ Debt Service ➢ Enterprise ➢ Internal Service ➢ Trust and Agency ➢ Any new fund types and fund(s) that may be created. Financial assets and investment activity not subject to this policy The City's Investment Policy does not apply to the following: ➢ Cash and Investments raised from Conduit Debt Financing; ➢ Funds held in trust in the City's name in pension or other post -retirement benefit programs; ➢ Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects; ➢ Short or long-term loans made to other entities by the City or Agency; ➢ Short term (Due to/from) or long term (Advances from/to) obligations made either between the City and its funds or between the City and Agency; and ➢ Investment of bond proceeds. The City's Investment Policy shall not govern bond proceeds and bond reserve fund investments. California Code Section Page 2 of 27 488 5922(d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions. Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. These arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity, and to rebate excess earnings, if necessary. M OBJECTIVES The objectives of the City's investment activity, in order of priority and importance, are: A. Safety of Principal Safety of principal is the foremost objective of the City's investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of principal of the overall portfolio in accordance with the permissible deposits and investments. The City shall endeavor to preserve its investment principal by making only permissible deposits and investments, undertaken in a controlled manner to minimize the possibility of loss or misappropriation through malfeasance or otherwise. Investments not backed by the full faith and credit of the United States Government shall be diversified by allocating assets between different types of permissible investments, maturities, and issuers as a means to mitigate credit risk and interest rate risk. Investment in any single security type or single financial institution shall be limited to the maximum percentages and/or dollar amounts as noted in Section X. 1. Credit Risk is the risk of loss from the failure of the security issuer or backer. Credit risk may be mitigated by: • Limiting investments to investment grade securities as permitted in Section X; and • Diversification- reducing concentration risk by limiting the total amount invested in individual issuers of securities in the investment portfolio so that potential losses due to issuer failure or securities downgrades may be minimized. 2. Interest Rate Risk is the risk that market values of securities in the portfolio will decline due to changes in general interest rates. Interest rate risk may be mitigated by: Page 3 of 27 489 • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and • Investing operating funds primarily in shorter -term securities. 3. Liquidity Risk is the risk that a security cannot be liquidated because of its unique features or structure or because it is thinly traded. Liquidity risk is not a material issue for the City's portfolio because of the permissible deposits and investments (see Section X). A discussion of the City's investment process and risk is presented in Appendix E. B. Provide Liquidity The investment portfolio shall remain sufficiently liquid to meet all of the City's cash needs that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore, since all possible cash needs cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. The City's policy is to generally hold securities and other investments to maturity. However, securities may be sold prior to maturity under certain circumstances as follows: • A security with declining credit quality can be sold early to minimize loss of principal. • Unanticipated liquidity needs of the portfolio require that one or more securities be sold. • When a sale/repurchase is fiscally advantageous based on market conditions and fits the needs of the portfolio C. Yield a Risk -Based Market Rate of Return The City's investment portfolio shall be structured with the objective of yielding a risk -based market rate of return throughout budgetary and economic cycles. Return on investment is less important than the safety and liquidity objectives described above. The City's Investment Policy does not specify a single benchmark as a goal or target yield for a rate of return on its investment portfolio. The portfolio's rates of return will be influenced by several factors, including actions by the Federal Reserve Board, the marketplace, and overall economic perceptions and conditions. Performance Standards: As a basis for comparison only, the Treasurer's quarterly reports will display the rates of return on the three-month Bill, six-month Bill, the one and two-year U.S. Treasury Note, and the yield for the State Treasurer's Local Agency Investment Fund (LAIF). The Treasurer may use these or any other published rates of return that the Treasurer deems appropriate for comparison to the return on the City's investment portfolio. Page 4 of 27 490 The investment portfolio shall be designed with the objective of obtaining a market rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. V. MAXIMUM MATURITIES It is the City's policy to generally hold securities and other investments until maturity. This buy -and - hold policy shall not prevent the sale of a security as listed in section IV.B The general buy -and -hold strategy requires that the City's investment portfolio be structured so that sufficient liquid funds are available from maturing investments and other sources to meet all reasonably anticipated cash needs. The City shall follow Title 5 of the California Government Code §53601 (the "State Code") regarding maximum maturities, in that "no investment shall be made in any security... that at the time of the investment has a term remaining to maturity in excess of five years". VI. PRUDENCE and FIDUCIARY DUTY The City shall follow the State Code §53600.3 regarding fiduciary duty and the Prudent Investor Standard as follows: Except as provided in subdivision (a) of §27000.3, all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. VII. AUTHORITY Authority to manage the City's investment portfolio is derived from Chapter 3.08 of the City's Municipal Code. Management responsibility for the investment program is delegated to the City Treasurer for a period of one year pursuant to the City Council's annual adoption of the Investment Policy. The City Treasurer shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may Page 5 of 27 491 engage in an investment transaction except as provided under the terms of this Investment Policy (see Appendix C) and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinateofficials. VIII. ETHICS AND CONFLICTS OF INTEREST The City Manager, City Treasurer, and City employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. The City will maintain compliance with the procedures set forth in the Conflicts of Interest and Acceptance of Gifts and other Gratuities section of the City of La Quinta Personnel Manual and the City's Municipal Code Chapter 2.60 Conflicts of Interest. Any questionable activity or relationship shall be reported immediately; reporting must be made in accordance with the personnel policies of the City and, until resolved, the officer or employee shall refrain from participating in the City's business related to the matter. The City Manager, City Treasurer, and City employees may conduct personal business with banks, brokers, and other financial institutions that are authorized to conduct business with the City provided that the terms of the activity to the accountholder with the City are the same as those that are available to the public in general, or to all employees as a result of contract negotiations. IX. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Treasurer maintains a listing of financial institutions which are approved for direct investment purposes, as well as a list of approved broker/dealers. 1. Broker/Dealers who desire to become bidders for direct investment transactions must supply the City with the following: • Current audited financial statements; • Proof of Financial Industry Regulatory Authority (FINRA) Certification; • Proof of State of California registration; • Resume of financial broker; and • Completion of the City of La Quinta Broker/Dealer Questionnaire, which contains a certification of having read the City's Investment Policy. The City Treasurer or designee shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and/or individual(s) conducting investment related business. The City Treasurer or designee may also contact the following agencies during the verification process: • Financial Industry Regulatory Authority (FINRA) Public Disclosure Report File (1- 800-289-9999). Page 6 of 27 492 • State of California Department of Financial Protection and Innovation (1- 866-275- 2677). A professional investment manager or management firm, if engaged by the City pursuant to Section X of this policy, may utilize their own list of approved broker/dealers on the condition that any such list is provided to the City upon request. All Broker/Dealers and financial institutions that provide investment services will be subject to City Council approval. An annual review of the financial condition and registrations of approved broker/dealers will be conducted by the City Treasurer or designee. Current audited financial statements and/or System and Organizational Controls (SOC- 1 and/or SOC-2) internal control reports may be maintained on file for each financial institution and broker/dealer with which the City conducts business. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment (see Appendix D, "Listing of Approved Financial Institutions"): • Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUSIF). • Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Call Report (Consolidated Reports of Condition and Income) if requested. These reports can also be found at: https://cdr.ffiec.gov/public/ManageFacsimiles.aspx The City shall not invest or deposit in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateral ization in public monies. X. PERMISSIBLE DEPOSITS AND INVESTMENTS It is the City's policy to follow Title 5 of the California Government Code (the "State Code") in regard to allowable securities, and to be sufficiently diversified with regard to security type and issuer. Permissible deposits and investments, as allowed by Chapter 4, Part 1, Division 2, Title 5 (hereinafter cited by §), include, but are not limited to, the following list. The State Code can be directly referenced at https:/fleginfo.legislature.ca.gov/ Page 7 of 27 493 Checking. Savings. and Sweep Accounts - The City will only maintain checking and savings accounts with state or national banks, savings associations, federal associations, and/or credit unions in accordance with §53635.2. • Collateralization: The amount of the City's deposits or investments not insured by the FDIC shall be collateralized by securities in accordance with §53652. The Treasurer may invest in an interest -bearing active deposit account as approved in §53632. The deposit account must be collateralized with securities that are in accordance with §53632.5. In addition, the market value of the collateralized securities must be maintained in accordance with §53652 and be held by a custodian in accordance with the requirements of §53656. The proportion of the City's share of the deposit account shall be determined in accordance with §53658. Certificates of Deposit (Negotiable and Non-negotiable) — As authorized in §53601(i), the City may invest in Non -Negotiable and Negotiable Certificates of Deposits (CD) up to 30% of the overall portfolio. In no instance shall a CD or combined CDs with a single issuer exceed the FDIC or NCUSIF insurance limit of $250,000. U.S. Treasury Bills. Notes. and Bonds — As authorized in §53601(b), the City may invest in U.S. Treasury bills, notes, and bonds directly issued and backed by the full faith and credit of the U.S. Government. The City's Investment Policy provides for investments in U.S. Treasury issues of 100% of the portfolio. U.S. Government Agency Securities and Federal Government Securities — As authorized in §53601(f), the City may invest in securities issued by U.S. Government instrumentalities and agencies (commonly referred to as government sponsored enterprises or LSE's). These securities may not be backed by the full faith and credit of the U.S. Government (with the exception of Government National Mortgage Association (GNMA) securities). Examples of LSE's include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), Federal Home Loan Bank (FHLB), Federal Farm Credit Banks Funding Corporation (FFCB), Federal Agricultural Mortgage Corporation (FAMC), Tennessee Valley Authority (TVA), and GNMA securities. The City's Investment Policy allows investment only in securities of GNMA, FNMA, FHLMC, FHLB, and FFCB. For Fiscal Year 2022-23, the maximum face amount per issuer is $20 million and the maximum face amount per purchase is $10 million. Prime Commercial Paper — As authorized in §53601(h), a portion of the City's portfolio may be invested in commercial paper of the highest rating as provided for by a nationally recognized statistical rating organization (NRSRO) such as Moody's, Fitch, or Standard & Poor's (S&P). There are a number of other qualifications regarding investments in commercial paper based on the financial strength and size of the corporation and the size of the investment. The City limits on prime commercial paper are as defined in the State Code. Page 8 of 27 494 Local Agency Investment Fund (LAIF) —As authorized in §16429.1 and by LAIF policies, local government agencies are each authorized to invest up to the deposit limit as designated by the California State Treasurer. The City Treasurer may not invest more than the maximum amount per account as allowed byLAIF. Money Market Mutual Funds —As authorized in §53601(1), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). Corporate Notes — As authorized in §53601(k), local agencies may invest in corporate notes. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City's Investment Policy allows investment in corporate notes authorized by the Government Code with the following limitations: • Maximum 30% of the portfolio; • Maturities shall not exceed five years from date of purchase; • Eligible notes shall be regularly quoted and traded in the marketplace; • Eligible notes shall be in a rating category of "AX or better by an NRSRO; • The maximum aggregate investment in each issuer shall not exceed $5 million (PAR value), or no more than 10% of the total investment assets in the commercial paper and the medium -term notes of any single issuer. Professionally Managed Account(s) — The City Treasurer may place up to 50% of the portfolio with a professional portfolio management/investment management firm (firm). The firm will be approved by the City Council based upon the City Treasurer's recommendation pursuant to completion of a public request for proposal (RFP). The firm shall have: • An established professional reputation for asset or investment management; • Knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds; • Substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City; • Professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City; and Page 9 of 27 495 • Registration with the Securities and Exchange Commission under the Investment Advisers Act of 1940 Before engagement by the City and except as may be specifically waived or revised, the firm shall commit to adhere to the provisions of the City's Investment Policy with the following exceptions: • The firm may be granted the discretion to purchase and sell investment securities in accordance with this Investment Policy; • The firm is not required to adhere to a buy -and -hold policy; and • The firm does not need City Manager or City Treasurer approval to make permissible investments. Local Agency Bonds and California Local Agency Obligations — As authorized in §53601(a) and §53601(e), the City may invest in California local agency obligations. §53601(a) pertains to investing in bonds issued by a local agency, or by the department, board, agency or authority of the local agency. §53601(e) pertains to investing in bonds and other defined indebtedness of any local agency, or department, board, agency or authority of the local agency within the State of California. The Agency obligations must be invested in the long-term rating category of A or better by an NRSRO. In the case of an initial public offering, including refinancings, the Treasurer may purchase directly from the Bond Underwriter. In the case of secondary issues, the Treasurer will rely on the approved Broker/Dealers. XL INVESTMENT POOLS There are three (3) types of investment pools: • State -run pools (e.g., LAIF); • Pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee (e.g., County Pools, and Joint Powers Authorities such as the California Asset Management Program (CAMP)); and • Pools that are operated for profit by third parties (e.g. money market funds). The City's Investment Policy permits investment in pools and money market funds as authorized by State Code §16429.1, §53601(1) and §53601(p). XII. PAYMENT AND CUSTODY The City shall engage qualified third -party custodians to act in a fiduciary capacity to maintain appropriate evidence of the City's ownership of securities and other eligible investments. Such custodians shall disburse funds received from the City for a purchase to the broker, dealer or seller only after receiving evidence that the City has legal, record ownership of the securities. Page 10 of 27 496 Even though ownership is evidenced in book -entry form rather than by actual certificates, this procedure is commonly referred to as the delivery versus payment (DVP) method for the transfer of securities. XIII. INTEREST EARNING DISTRIBUTION POLICY Interest earnings are generated from pooled investments and specific investments. The following provisions apply to the calculation and distribution of interest earnings. 1. Pooled Investments — It is the general policy of the City to pool all available operating cash of the City of La Quinta, Successor Agency to the City of La Quinta Redevelopment Agency, La Quinta Financing Authority, and La Quinta Housing Authority, and to allocate interest earnings as a payment to each fund of an amount based on the month -end cash balance included in the common portfolio for the earning period. 2. Specific Investments — Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. XIV. INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: • Safeguard assets; • The orderly and efficient conduct of its business, including adherence to management policies; • Prevention or detection of errors and fraud; • The accuracy and completeness of accounting records; and • Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: • Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. • Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. • Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. • Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes Page 11 of 27 497 place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. • Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities (Appendix C). • Written confirmation of telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported by written communications or electronic confirmations and approved by the appropriate person. Written communications may be via fax or email if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal orwritten follow- up. • Development of a wire transfer agreement with the City's bank and third -party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The system of internal controls developed by the City shall be reviewed annually by the independent auditor in connection with the annual audit of the City's Financial Statements. The independent auditor's letter on internal control over financial reporting and compliance as it pertains to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The auditor's letter, as it pertains to cash and investment activities, and the City Treasurer's response shall be provided to the City's Financial Advisory Commission for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Financial Advisory Commission and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. See Appendix C, "Segregation of Major Investment Responsibilities." X)L REPORTING STANDARDS The City Treasurer shall submit a quarterly Treasurer's Report to the City Council and the Financial Advisory Commission that includes all cash and investments under the authority of the Treasurer. In addition, the City Treasurer or designee shall ensure all investment transactions are reported on a monthly basis as they occur throughout the quarter. The Treasurer's Report shall summarize cash and investment activity and changes in balances and include the following: • A certification by the City Treasurer; • A listing of purchases and sales/maturities of investments; Page 12 of 27 498 • Cash and Investments categorized by authorized investments; LAIF will also be provided quarterly and show yield and maturity; • Comparison of month -end actual holdings to Investment Policy limitations; • A two-year list of historical interest rates. XVI. REVIEW OF INVESTMENT PORTFOLIO The securities held by the City must be in compliance with this Policy at the time of purchase. Due to market conditions, some securities may no longer comply subsequent to the date of purchase, therefore a quarterly review of the portfolio will be conducted to identify any securities which may have fallen out of compliance. Any major incidences of noncompliance identified during such review will be reported to the Financial Advisory Commission for confirmation of staff course of action. XVII. FINANCIAL ADVISORY COMMISSION - CITY OF LA QUINTA The Financial Advisory Commission (FAC) is composed of seven members from the public that are appointed by the City Council. The FAC's membership, qualifications, and powers and duties are prescribed in Chapter 2.70 of the La Quinta Municipal Code and included in this policy as Appendix A. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each commissioner will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the FAC. All commissioners shall report annually to the City Clerk on Form 700, Statement of Economic Interests, any activities, interests, or relationships that may be, or have the appearance of, a conflict of interest. XVIII. INVESTMENT POLICY ADOPTION The City's Investment Policy will be reviewed annually by the City's Financial Advisory Commission and the City Treasurer. The Financial Advisory Commission will forward the Investment Policy with any revisions to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Financial Advisory Commission, City Manager, City Attorney, and City Treasurer to review the Investment Policy and any comments prior to submission to the City Council for their consideration. The Investment Policy shall be adopted by resolution of the City Council annually before the end of June of each year. Page 13 of 27 499 APPENDIX A City of La Quinta Municipal Code Chapter 2.70 FINANCIAL ADVISORY COMMISSION 2.70.010 General rules regarding the financial advisory commission. Except as set out below, see Chapter 2.06 for general provisions. 2.70.020 Number of members. The financial advisory commission ("FAC") shall initially consist of seven members appointed by, and serving at the will of, the city council. The city council may increase or decrease the number of members from time to time but in no event shall the membership exceed nine members or be less than five members. 2.70.30 Qualifications of members. A. In addition to the qualification requirements set forth in Section 2.06.040 of this code, a minimum of three of the members shall be finance professionals and shall have a verifiable background in finance and/or securities, preferably with knowledge and/or experience in markets, financial controls and accounting for securities. B. For those applying for the professional position, background information will be requested, and potential candidates must agree to a background check and verification by the city manager or designee. 2.70.040 Powers and duties. A. The principal functions of the FAC are: 1. Review at least annually the city's investment policy and recommend appropriate changes; 2. Review at least quarterly the treasury report and note compliance with the investment policy and adequacy of cash and investments for anticipated obligations; 3. Receive and consider other reports provided by the city treasurer; 4. Meet with the independent auditor after completion of the annual audit of the city's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities; 5. Review at least annually the revenue derived from the one percent (1 %) transactions and use tax instituted by voters in November 2016 to ensure these funds are used to provide services, programs and capital projects in the city of La Quinta. Page 14 of 27 500 6. Serve as a resource for the city treasurer on matters such as proposed investments, internal controls, use of or change of financial institutions, custodians, brokers and dealers. B. The FAC will report to the city council after each meeting either in person or through correspondence at a regular city council meeting. (Ord. 556 § 1, 2017) 2.70.050 References to the Investment Advisory Board. If any other chapter(s) or section(s) in this code refers to the Investment Advisory Board, that chapter(s) or section(s) shall be deemed to refer to the Financial Advisory Commission established by the ordinance amending chapter 2.70 of this code. Page 15 of 27 501 APPENDIX 6 City of La Quinta Municipal Code Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by Sections 53607 and 53608 of the California Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer, which, for purposes of this chapter, is defined in Section 2.12.010 of this code. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under the city council adopted city investment policy and any provision of state law relating to the investing of general city funds, including, but not limited to, Sections 53601 and 53635 of the California Government Code, as said sections now read or may hereafter be amended, from moneys in the city treasurer's custody which are not required for the immediate necessities of the city and as he or she may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord.2 § 1 1982) 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be cancelled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 3.08.050 Reports. The city treasurer shall make a quarterly report to the city council of all investments made pursuant to the authority delegated in this chapter and as permitted by Section 53646(b)(1) of the Government Code. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982) Page 16 of 27 502 3.08.060 Deposits of securities Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the city council adopted investment policy and terms of any state law, including, but not limited to, Section 53608 of the Government Code, as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982) 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 36524 of the Government Code and any other applicable provisions of law. (Ord. 2 § 1, 1982) Page 17 of 27 503 APPENDIX C SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Responsible Parties City Treasurer, Financial S rviE s Principal Develop and recommend modifications to the City's Management -Analyst, and Financial Advisory formal Investment Policy Commission Review City's Investment Policy and recommend City Council action Adopt formal Investment Policy Implement formal Investment Policy Review financial institutions and select investments Acknowledge investment selections Execute investment transactions Confirm wires City Manager and City Attorney City Council City Treasurer City Treasurer or Finaneial Ser,iees Principal Management -Analyst City Manager or his/her designee City Manager, City Treasurer, or ina,ne°al Se T Principal Management -Analyst Accounting Manager, Senior Accountant, or Hanagengent Assistant Administrative Technician Record investment transactions in City's accounting records Accounting Manager or Senior Accountant Investment cerification- match broker confirmation City Treasurer or Finaneial S r," s Principal to City's investment records Management Analyst Reconcile investment records to accounting records and bank statements Fonan ial Sep mees Principal Management Analyst Reconcile investment records to treasurer's report of investments Security of investments at City Security of investments outside of City Review internal control procedures City Treasurer, Accounting Manager or Financial— Trincipal Management Analyst Accounting Manager or Managengent Assistant Administrative Technician Third Party Custodian External Auditor Page 18 of 27 504 APPENDIX D Listing of Approved Financial Institutions Banking Services -Bank of the West, San Francisco, CA (Banking Services) -BMO Commercial Bank -Sunwest Bank, Irvine, CA (Banking Services - Dune Palms Mobile Estates) Custodian Services -The Bank of New York Mellon/Pershing LLC -Stifel Deferred Compensation -International City/County Management Association Retirement Corporation(ICMA- RC) dba MissionSquare Retirement Broker/Dealer Services -Stifel, Nicholaus, & Company, Inc. -Higgins Capital Management, Inc. -Great Pacific Securities Government/Joint Powers Authority Pools -State of California Local Agency Investment Fund (LAIF) Trustee Services -California Asset Management Program (CAMP) -County of Riverside Pooled Investment Fund') -U.S. Bank Trust Company, NA(2) Other Post Employment Benefits (OPEB) Trust -California Employers' Retirement Benefits Trust (CERBT)/CalPERS Pension Trust- Administration -Public Agency Retirement Services (PARS) (1)The County of Riverside Treasurer maintains one Pooled Investment Fund for all local jurisdictions having funds on deposit in the County Treasury. The City's fire funds, which are property taxes collected to fund fire services in the City, are kept in reserve with the County to be used as expenses are incurred. (2) U.S. Bank is the fiscal agent for all of the following bonds: 2013 (refunded in 2021), 2014 (refunded in 2021), 2016, and 2021 Successor Agency to the La Quinta Redevelopment Agency (RDA) Bonds. U.S. Bank is also the trustee and asset custodian for the PARS pension trust. As of January 29, 2022, U.S. Bank, National Association transitioned its Global Corporate Trust business to wholly owned subsidiary U.S. Bank Trust Company, National Association. Page 19 of 27 505 APPENDIX E INVESTMENT MANAGEMENT PROCESS AND RISK Except as provided for in Section 27000.3, Government Code Section 53600.3 declares as a trustee each person, treasurer, or governing body authorized to make investment decisions on behalf of local agencies. Trustees are subject to the prudent investor standard. These persons shall act with care, skill, prudence, and diligence under the circumstances then prevailing when investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds. Section 53600.5 further stipulates that the primary objective of any person investing public funds is to safeguard principal; secondly, to meet liquidity needs of the depositor; and lastly, to achieve a return or yield on invested funds (Government Code Section 27000.5 specifies the same objectives for county treasurers and board of supervisors). Risk is inherent throughout the investment process. There is investment risk associated with any investment activity and opportunity risk related to inactivity. Market risk is derived from exposure to overall changes in the general level of interest rates while credit risk is the risk of loss due to the failure of the insurer of a security. The market value of a security varies inversely with the level of interest rates. If an investor is required to sell an investment with a five percent yield in a comparable seven percent rate environment, that security will be sold at a loss. The magnitude of that loss will depend on the amount of time until maturity. Purchasing certain allowable securities with a maturity of greater than five years requires approval of the governing board (see Government Code Section 53601). Part of that approval process involves assessing and disclosing the risk and possible volatility of longer -term investments Another element of risk is liquidity risk. Instruments with call features or special structures, or those issued by little known companies, are examples of "story bonds" and are often thinly traded. Their uniqueness often makes finding prospective buyers in a secondary market more difficult and, consequently, the securities' marketability and price are discounted. However, under certain market conditions, gains are also possible with these types of securities. Default risk represents the possibility that the borrower may be unable to repay the obligation as scheduled. Generally, securities issued by the federal government and its agencies are considered the most secure, while securities issued by private corporations or negotiable certificates of deposit issued by commercial banks have a greater degree of risk. Securities with additional credit enhancements, such as bankers acceptances, collateralized repurchase agreements and collateralized bank deposits are somewhere between the two on the risk spectrum. The vast majority of portfolios are managed within a buy and hold policy. Investments are purchased with the intent and capacity to hold that security until maturity. At times, market forces or operations may dictate swapping one security for anotheror Page 20 of 27 506 selling a security before maturity. Continuous analysis and fine tuning of the investment portfolio are considered prudent investment management. The Government Code contains specific provisions regarding the types of investments and practices permitted after considering the broad requirement of preserving principal and maintaining liquidity before seeking yield. These provisions are intended to promote the use of reliable, diverse, and safe investment instruments to better ensure a prudently managed portfolio worthy of public trust. Source: Chapter II. Fund Management from the Local Agency Investment Guidelines Issued by California Debt and Investment Advisory Commission Page 21 of 27 507 APPENDIX F GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFRJ: The official annual report for the City of La Quinta. It includes combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CDC: A time deposit with a specific maturity evidenced by a certificate. Large- denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. CONDUIT FINANCING: A form of Financing in which a government or a government agency lends its name to a bond issue, although it is acting only as a conduit between a specific project and bond holders. The bond holders can look only to the revenues from the project being financed for repayment and not to the government or agency whose name appears on the bond. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. Page 22 of 27 508 DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest -bearing money market instruments that are issued at discount and redeemed at maturity for full face value DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. GOVERNMENT SPONSORED ENTERPRISES (GSEs): Privately held corporations with public purposes created by the U.S. Congress to reduce the cost of capital for certain borrowing sectors of the economy. Securities issues by GSEs carry the implicit backing of the U.S. Government, but they are not direct obligations of the U.S. Government. Typically referred to as 'Agency Bonds' or 'Agencies'. FNMAs or Fannie Mae (Federal National Mortgage Association) - Like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder -owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FHLBs (Federal Home Loan Bank) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. FFCBs (Federal Farm Credit Bank) — Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. Page 23 of 27 509 FHLMCs or Freddie Mac (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Mortgages are purchased solely from the Federal Home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and interest is paid monthly. FAMCs or Farmer Mac (Federal Agricultural Mortgage Corporation) - FAMC increases the availability and affordability of credit for the benefit of American agriculture and rural communities. They are the nation's premier secondary market for agricultural credit, providing financial solutions to a broad spectrum of the agricultural community, including agricultural lenders, agribusinesses, and other institutions that can benefit from access to flexible, low-cost financing and risk management tools. FAMC is regulated by the Farm Credit Administration. Other federal agency issues are Small Business Administration notes (SBA's), Government National Mortgage Association notes (GNMA's), and Tennessee Valley Authority notes (TVA's). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit per entity. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open- market operations. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven -member Board of Governors in Washington, D.C., 12 regional banks and about 3,000 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "pass-throughs" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund): - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period, the minimum transaction is $5,000 and the City follows the state guidance for maximum total balance. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time Page 24 of 27 510 they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one-half of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase -reverse repurchase agreements that establish each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer- lender to liquidate the underlying securities in the event of default by the seller - borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. NRSRO (NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONu: A credit rating agency recognized by the Securities and Exchange Commission (SEC). Examples include Fitch Ratings, Inc., Moody's Investor's Services, Inc., and S&P Global Ratings, among others. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker -dealers, banks and a few unregulated firms. Page 25 of 27 511 QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO) and REVERSE REPURCHASE AGREEMENTS (RRP or RevRer)o): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money that is increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. SSAE 16: The Statement on Standards for Attestation Engagements No. 16 (SSAE 16) is a set of auditing standards and guidance on using the standards, published by the Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants (AICPA) for redefining and updating how service companies report on compliance controls. The Service Organizational Control report (SOC-1) contains internal controls over financial reporting and is used by auditors and office controllers. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, and derivative -based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest- bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. Page 26 of 27 512 TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10years. TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Page 27 of 27 513 514 CONSENT CALENDAR ITEM NO. 18 City of La Quinta CITY COUNCIL MEETING: ,tune 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE THIRD EXTENSION OF TIME FOR SITE DEVELOPMENT PERMIT 2014-1003 (SDP 2022-0012) AND TENTATIVE TRACT MAP NO. 36744 (TTM 2022-0002), LOCATED ON THE SOUTH SIDE OF AVENUE 54, ONE -QUARTER MILE EAST OF MADISON STREET RECOMMENDATION Adopt a Resolution to approve a third extension of time for Site Development Permit 2014- 1003 (SDP 2022-0012) and Tentative Tract Map 36744 (TTM 2022-0002) to November 5, 2024. EXECUTIVE SUMMARY • Griffin Ranch Investors LP (Applicant) has requested a two-year extension for the site development permit (SDP) and tentative tract map (TTM) originally approved in 2015 and extended in 2017. This will be the third extension. • The project has not progressed due to economic conditions and litigation. • The project was granted an automatic extension on both SDP and TTM due to Assembly Bill 1561 (AB1561) (2021) for housing projects. This granted an 18-month extension to the project. • Revisions to the conditions of approval include changes in dates and permit numbers and updated street width requirements. The Applicant has accepted the updated conditions of approval. FISCAL IMPACT - None BACKGROUND/ANALYSIS The project, located on the south side of Avenue 54, one quarter mile east of Madison Street (Attachment 1), was originally approved by Council on May 5, 2015. Approvals included Specific Plan 2014-1001 Amendment 1, TPM 35745, SDP 2014-1003, and TTM 36744. The Municipal Code provides for granting a two-year time extension for an SDP and TTM. For SDP's, there is no limit on the number of extensions that can be granted. TTM's are limited to extensions totaling six years. Automatic time extensions granted by the state, if the entitlement meets criteria for the extension, shall be in addition to any remaining extensions available. The State recently passed AB1561, providing automatic 515 extensions of 18 months for housing entitlements in effect on March 4, 2021, and expiring prior to December 31, 2021. The SDP and TTM entitlements met these criteria and were automatically extended 18 months until November 5, 2022 (Attachment 2). The SDP and TTM entitlements have been extended for a total of five years and six months. The Applicant submitted a request for a third extension of time in September 2022 (Attachment 3), that will extend the time to November 5, 2024. A Final Map must be recorded on or before this date or else it will expire. This extension is the last that can be granted for this TTM, no further extensions are available. Proiect Description The approved project is a 39.8-acre residential development consisting of 78 single-family homes, one residential estate lot, and common lots for a lake, community building and private streets (Attachments 4 and 5). Revisions to Conditions of Approval There are no changes proposed to the project. Recommended revisions to the conditions of approval for the SDP and the TTM include updates based on changes in dates, permit numbers, and changes to street widths from 36 ft. to 40 ft. based on fire street width requirements, included as Exhibits A and B to the enclosed proposed resolution. Applicant has reviewed and accepted the conditions. ALTERNATIVES Council may deny the time extension request. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map 2. AB1561 Extension Notice 3. Justification Letter 4. SDP Plan Set 5. Tentative Tract Map 36744 516 RESOLUTION NO. 2023 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A THIRD EXTENSION OF TIME FOR A SITE DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP FOR A RESIDENTIAL DEVELOPMENT ON THE SOUTH SIDE OF AVENUE 54, ONE QUARTER MILE EAST OF MADISON STREET CASE NUMBERS: SITE DEVELOPMENT PERMIT 2022- 0012 (SDP 2014-1003, EXTENSION 3) AND TENTATIVE TRACT MAP 2022-0002 (TTM 36744, EXTENSION 3) APPLICANT: GRIFFIN RANCH INVESTORS LP WHEREAS, the City Council of the City of La Quinta, California, did on June 20, 2023, consider a request by Griffin Ranch Investors, L.P. for approval of a third extension of time for a Site Development Permit and a Tentative Tract Map for a residential development on 39.8 acres, generally located on the south side of Avenue 54, one quarter mile east of Madison Street, more particularly described as: APN: 767-320-013 WHEREAS, the City Council of the City of La Quinta, California, did on May 5, 2015, hold a duly noticed Public Hearing and adopted Resolution No. 2015-015 approving a request by Griffin Ranch Investors, L.P. for approval of a Specific Plan Amendment, Tentative Parcel Map, Site Development Permit, and Tentative Tract Map; and WHEREAS, the City Council of the City of La Quinta, California, did on June 20, 2017, adopt Resolution No. 2017-029 approving a request by Griffin Ranch Investors, L.P. for approval of a first extension of time for Site Development Permit 2014-1003 and Tentative Tract Map 36744; and WHEREAS, the City Council of the City of La Quinta, California, did on August 6, 2019, adopt Resolution No. 2019-032 approving a request by Griffin Ranch Investors, L.P. for approval of a second extension of time for Site Development Permit 2014-1003 and Tentative Tract Map 36744; and WHEREAS, the State of California, did on September 28, 2020 pass Assembly Bill 1561 providing automatic extensions of time for housing entitlements, which extended the Site Development Permit 2014-1003 and Tentative Tract Map 36744 for 18 months, until November 5, 2022; and 517 Resolution No. 2023-XXX Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) Project: Estates at Griffin Lake Adopted: Page 2 of 6 WHEREAS, the applicant did, on September 15, 2022, apply for a third extension of time for Site Development Permit 2014-1003 and Tentative Tract Map 36744; and WHEREAS, the Design and Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2014-1001 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was certified on May 5, 2015. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166; and SITE DEVELOPMENT PERMIT 2022-0012 (SDP 2014-1003, EXTENSION 3) WHEREAS, upon hearing and considering all testimony and arguments of all interested persons, if any, desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Site Development Permit time extension: 1. Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) is consistent with the La Quinta General Plan, in that the project site is designated as Low Density Residential. The City's General Plan policies relating to Low Density Residential encourage the provision of a full range of residential land uses within the City in order to accommodate development of all housing types, and the proposed project augments those policies. 2. Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) is consistent with the La Quinta Zoning Code in terms of architectural style, building height, building mass, and landscaping. The site development permit conforms to certain modified development standards set forth in the project Specific Plan and has been conditioned to ensure compliance with the zoning standards of the Very Low -Density zoning district and other supplemental residential standards as established in Title 9 of the La Quinta Municipal Code. 3. Processing and approval of Site Development Permit 2022-0012 (SDP 2014- 1003, Extension 3) is in compliance with the requirements of the California Environmental Quality Act. The Design and Development Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2014-1001 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was certified on May 5, 2015. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. The architectural design of Site Development Permit 2022-0012 (SDP 2014- 1003, Extension 3) including, but not limited to the architectural style, scale, 518 Resolution No. 2023-XXX Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) Project: Estates at Griffin Lake Adopted: Page 3 of 6 building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. The Tuscan and Italian Farmhouse styles of design for the common area buildings and residential units are appropriate in context with surrounding development, and the supplemental design elements (stucco finishes with stone accents and exposed rafters, wood accents on garage doors, and concrete S-tile roofs) appropriately enhance the architecture of the buildings. 5. The site design of Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) including, but not limited to project entries, interior circulation, proposed amenities, screening of equipment, exterior lighting, pedestrian accessibility, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 6. Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) landscaping is consistent with the landscaping standards and plant palette of the project Specific Plan and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. No turf is used in the individual lot landscape concepts which utilize decomposed granite and fractured rock in lieu of turf. The project landscaping for the buildings utilizes a low water use plant palette and shall enhance visual continuity of the development with the surrounding residential areas and will comply with City and Coachella Valley Water District water efficiency requirements, ensuring efficient water use. TENTATIVE TRACT MAP 2022-0002 (TTM 36744, EXTENSION 3) WHEREAS, upon hearing and considering all testimony and arguments of all interested persons, if any, desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Tentative Tract Map time extension: 1. The design of Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) is consistent with the city General Plan and Specific Plan 2014-1001. The Tract Map is consistent with the Low -Density Residential land use designation as set forth in the General Plan, at 1.98 units/acre. 2. The design and improvement of Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) is consistent with the La Quinta General Plan and Specific Plan 2014-1001 with the implementation of recommended conditions of approval to ensure consistency for the homes proposed on the lots created therein, as well as adequate storm water drainage. The project density at 1.98 units/acre is consistent with the La Quinta General Plan and Specific Plan 2014-1001, in that the proposed development density is comparable to the surrounding single- family residential developments. 519 Resolution No. 2023-XXX Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) Project: Estates at Griffin Lake Adopted: Page 4 of 6 3. The design of Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) is not likely to either cause substantial environmental damage or substantially injure fish or wildlife or their habitat. The Design and Development Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2014-1001 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was certified on May 5, 2015. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. The design of Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) is not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The site of Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) is physically suitable for the potential development and density of development as permitted in the Zoning Ordinance and Subdivision Ordinance. As conditioned, the proposed design of the subdivision is physically compatible with the site with regards to topography for the type of land use designation and potential development of the subject property. 6. As conditioned, Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) is consistent with all applicable provisions of the La Quinta Zoning Ordinance and Subdivision Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. 7. The design and improvements required for Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision. All roadway improvements, easements, and surrounding improvements will be completed to City standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the Mitigated Negative Declaration and associated Mitigation Monitoring Program for the project was certified on May 5, 2015, and no changed 520 Resolution No. 2023-XXX Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) Project: Estates at Griffin Lake Adopted: Page 5 of 6 circumstances or conditions are proposed, nor has any new information been submitted, which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. That it does hereby approve a third extension of time to November 5, 2024, for Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3), for the reasons set forth in this Resolution and subject to the attached Conditions of Approval, incorporated herewith as Exhibit A. SECTION 4. That it does hereby approve a third extension of time to November 5, 2024, for Tentative Tract Map 2022-0002 (TTM 36744, Extension 3), for the reasons set forth in this Resolution and subject to the attached Conditions of Approval, incorporated herewith as Exhibit B. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held June 20, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California 521 Resolution No. 2023-XXX Site Development Permit 2022-0012 (SDP 2014-1003, Extension 3) Tentative Tract Map 2022-0002 (TTM 36744, Extension 3) Project: Estates at Griffin Lake Adopted: Page 6 of 6 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 522 RESOLUTION NO. 2023-XXX EXHIBIT A CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 1 of 19 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit extension shall expire on November 5, 2024 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080 unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. The two-year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Site Development Permit and/or the City's CEQA compliance. 3. Site Development Permit 2022-0012 shall comply with all applicable conditions and/or mitigation measures for the following related approval(s): • Environmental Assessment 2014-1001 • Specific Plan 2014-1001 • Tentative Parcel Map 2014-1001 (TPM 36745) • Tentative Tract Map 2019-0003 (TTM 36744) • Site Development Permit 2014-1003 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board 523 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 2 of 19 • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with all requirements, directives, and orders established pursuant to Executive Order B-29-15 and all regulations adopted to implement that executive order by any state, regional, or local agency or department, including but not limited to regulations adopted by the State Water Resources Control Board, California Department of Water Resources, California Energy Commission, and Coachella Valley Water District (or other distributor of a public water supply), in furtherance of the mandate to prevent the waste and unreasonable use of potable water. If another executive order or future regulations are issued and adopted in furtherance of a mandate to prevent the waste and unreasonable use of water, the applicant shall comply with all requirements, directives, and orders established thereunder. If a requirement, directive, or order established pursuant to Executive Order B-29-15 (or any future executive order) and regulations adopted pursuant thereto is more restrictive than a requirement under the La Quinta Municipal Code applicable by these conditions of approval, then the applicant shall comply with the most restrictive requirement. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2012- 0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. 524 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 3 of 19 The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs as required. 8. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 525 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 4 of 19 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Streets `B', `C', `D', 'E', 'F', 'G', and `H' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a minimum 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, or 28 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&Rs. Property line shall be placed at the back of curb similar to the lay out shown on the (preliminary grading plan/tentative map) and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. 14. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 526 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 5 of 19 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 17. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 18. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 19. The applicant shall construct the following street improvements to conform with the General Plan: A. OFF -SITE STREETS 1) Avenue 54 — The applicant should install signing and striping to provide median acceleration lanes at the two development access intersections on Avenue 54. B. PRIVATE STREETS 1) Streets `B', 'C', 'D', `E', `F', `G', and `H' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, or 28 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&Rs. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 527 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 6 of 19 C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map, except for minor revisions as may be required by the City Engineer. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. E. Emergency Turn Around 1) Shall be constructed to conform to the lay -out shown on the tentative tract map, except for minor revisions as may be required by the City Engineer. 20. The design of community parking facilities for common areas shall conform to LQMC Chapter 9.150, and in particular the following: A. The parking stall, aisle widths and double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. On -street parking designated as guest parking on the approved site plan shall be designed in accordance with parallel stall requirements. B. Cross slopes should be a maximum of 2% where ADA accessibility is required, including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes as required shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. Where handicapped parking may be required, one van accessible handicapped parking stall is required per eight handicapped parking stalls. A project parking plan shall be required to include appropriate signage to implement parking restrictions, and on and off-street parking provisions of the CC & R's subject to City Engineer and Design and Development Department approval. F. Golf cart parking shall be provided at appropriate locations in the development, in particular in close proximity to the Community Building area. Golf cart stall size shall conform to generally accepted industry standards, as may be determined by the City Engineer and Design and Development Department. 528 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 7 of 19 G. A minimum five -space bicycle rack shall be provided in an appropriate location at the Community Building facility. 21. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 22. The applicant shall design street pavement sections using Caltrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 23. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 24. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 25. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 26. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 529 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 8 of 19 27. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 28. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Development Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical E. Off -Site Signing & Striping Plan 1" = 40' Horizontal NOTE: D through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On -Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 530 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) ESTATES AT GRIFFIN LAKE ADOPTED: Page 9 of 19 The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2016 California Building Code accessibility requirements associated with each door. The assessment must comply with the submittal requirements of the Building & Safety Division. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 29. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 30. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 31. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. 531 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 10 of 19 IMPROVEMENT SECURITY AGREEMENTS 32. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 33. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 34. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping, and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 35. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative Tract map. 532 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 11 of 19 D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 36. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. 37. Should the applicant fail to construct the improvements for the development or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 40. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, 533 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 12 of 19 B. A preliminary geotechnical ("soils") report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an authorized professional registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 41. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 43. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 534 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 13 of 19 44. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments unless otherwise approved by the City Engineer. 45. Minimize the differential in building pad elevations of perimeter lots and building pad elevations in adjacent developments. Building pad elevations of perimeter lots have been allowed by the City Engineer to differ by more than the standard one foot in elevation from adjacent developments due to the unique site conditions of this project and the effort by the applicant to lower the site as much as possible. Meeting the one foot standard would impose an unreasonable hardship upon the applicant. 46. Minimize the differential in elevations of lots within this development and elevations in adjoining developments. The differences in elevation between the adjoining properties and the lots within this development as shown on the TTM and the grading plan will be allowed by the City Engineer due to the unique site conditions of this project and the effort by the applicant to lower the site as much as possible. Further lowering of the site would impose an unreasonable hardship upon the applicant. 47. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation, and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 48. Stormwater handling shall conform with the approved hydrology and drainage report for the Estates at Griffin Lake, Tract Map 36744. Nuisance water shall be disposed of in an approved manner. 49. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 535 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 14 of 19 50. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 51. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 52. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 53. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 54. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 55. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 56. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 57. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 58. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 59. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board 536 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 15 of 19 Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2012-0006-DWQ. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 60. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities) 61. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 62. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 63. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. 537 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 16 of 19 CONSTRUCTION 64. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 65. A final noise analysis shall be completed when final lot layout and pad elevations have been completed to assure that the existing Avenue 54 wall is sufficient to meet the City's noise control standards for all affected units. 66. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. LANDSCAPING 67. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and common areas shall be signed and stamped by a licensed landscape architect. 68. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 69. Except as otherwise stated in these conditions, all landscaping shall consist of, at minimum, 36" box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 70. The applicant shall submit final landscape plans for review, processing, and approval to the Planning Division, in accordance with the Final Landscape Plan application process, as a major final landscape plan. Plans shall include construction design for all walls, fences, gated entries, trellises, landscape and common area lighting, etc. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 538 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 17 of 19 Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Planning Division a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 71. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. PUBLIC SERVICES 72. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. At this time, SunLine has not requested any such improvements; however, should such a request be made in the future, depending on project phasing and completion, the applicant may be required to provide certain said improvements. MAINTENANCE 73. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 74. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 75. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 76. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 539 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 18 of 19 77. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. FIRE PROTECTION 78. For residential areas, provide approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 2-hour duration at 20 PSI. 79. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 80. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 81. Residential fire sprinklers are required in all one and two family dwellings per the California Residential Code, California Building Code and the California Fire Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. 82. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities 83. Any turn -around requires a minimum 38-foot turning radius. 84. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 85. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to 540 RESOLUTION NO. 2023-XXX CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2022-0012 (2014-1003 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: Page 19 of 19 installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. PLANNING DIVISION 86. Lots 1 through 31, as depicted on the approved Tentative Tract Map (I.e. along the east and south sides of the project), shall be restricted to single story units, not to exceed 22 feet in height. This restriction shall be designated by note on the final map and/or incorporated into the project CC&Rs, referencing this Condition and shall further state that compliance with the restriction shall be verified during review of precise grading plan submittal(s). 87. The applicant shall consider incorporation of a pedestrian pathway that provides direct access from the street to the front door areas of the homes. 541 RESOLUTION 2023-XXX EXHIBIT B CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: JUNE 20, 2023 PAGE 1 OF 20 GENERAL The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la- quinta.org. 2. This Tentative Tract Map shall expire on November 5, 2024, unless recorded. This extension is the final tentative tract map extension available under the Subdivision Map Act unless any automatic state extensions are granted prior to the expiration date. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 542 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 2OF20 4. Tentative Tract Map 36744 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2014-1001 • Specific Plan 2014-1001 • Tentative Parcel Map 2014-1001 (TPM 36745) • Site Development Permit 2017-0006 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with all requirements, directives, and orders established pursuant to Executive Order B-29-15 and all regulations adopted to implement that executive order by any state, regional, or local agency or department, including but not limited to regulations adopted by the State Water Resources Control Board, California Department of Water Resources, California Energy Commission, and Coachella Valley Water District (or other distributor of a public water supply), in furtherance of the mandate to prevent the waste and unreasonable use of potable water. If another executive order or future regulations are issued and adopted in furtherance of a mandate to prevent the waste and unreasonable use of water, the applicant shall comply with all requirements, directives, and orders established thereunder. If a requirement, directive, or order established pursuant to Executive Order B-29-15 (or any future executive order) and regulations adopted pursuant thereto are more restrictive than a requirement under the La Quinta Municipal Code applicable by these conditions of approval, then the applicant shall comply with the most restrictive requirement. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a 543 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 3 OF 20 Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs as required. 8. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 544 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 4 OF 20 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall retain for private use on the Final Map all private street rights -of - way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Streets `B', `C', `D', 'E', 'F', 'G', and `H' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a minimum 40- foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, or 28 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. Property line shall be placed at the back of curb similar to the lay out shown on the (preliminary grading plan/tentative map) and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. 15. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 545 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 5 OF 20 16. When the City Engineer determines that access rights to the proposed street rights -of - way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 17. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 18. Direct vehicular access to Avenue 54 from lots with frontage along Avenue 54 is restricted, except for approved access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 19. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 22. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 23. The applicant shall construct the following street improvements to conform with the General Plan: A. OFF -SITE STREETS 1) Avenue 54 — The applicant provide median acceleration intersections on Avenue 54. should install signing and striping to lanes at the two development access 546 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 6 OF 20 B. PRIVATE STREETS 1) Streets 'B', 'C', 'D', 'E', 'F', 'G', and 'H' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 40-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, or 28 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map, except for minor revisions as may be required by the City Engineer. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. E. Emergency Turn Around 1) Shall be constructed to conform to the lay -out shown on the tentative tract map, except for minor revisions as may be required by the City Engineer. 24. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 25. The applicant shall design street pavement sections using Caltrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 26. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months 547 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 7 OF 20 old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 27. Improvements shall include appurtenances such as traffic control signs, markings, and other devices, raised medians if required, street name signs and sidewalks. Mid - block street lighting is not required. 28. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings, and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. FINAL MAPS 30. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1" = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 31. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 32. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Development Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. WQMP (Plan submitted in Report Form) 548 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 8 OF 20 NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical E. Off -Site Signing & Striping Plan 1" = 40' Horizontal NOTE: D through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On -Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2016 California Building Code accessibility requirements associated with each door. The assessment must comply with the submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Division in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Manager, and the City Engineer. 549 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 9 OF 20 "Site Development" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC&Rs shall be submitted concurrently with the Street Improvement Plans. 33. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 34. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 35. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 36. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 37. Any Subdivision Improvement Agreement ("SIX) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 550 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 10 OF 20 38. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping, and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 39. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative Tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 40. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site 551 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 11 OF 20 improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. 41. Should the applicant fail to construct the improvements for the development or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 43. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 44. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an authorized professional registered in the State of California. 552 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 12 OF 20 All grading shall conform with the recommendations contained in the Preliminary Soils Report and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 45. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 46. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 47. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 48. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments unless otherwise approved by the City Engineer. 49. Minimize the differential in building pad elevations of perimeter lots and building pad elevations in adjacent developments. Building pad elevations of perimeter lots have been allowed by the City Engineer to differ by more than the standard one foot in elevation from adjacent developments due to the unique site conditions of this project and the effort by the applicant to lower the site as much as possible. Meeting the one - foot standard would impose an unreasonable hardship upon the applicant. 553 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 13 OF 20 50. Minimize the differential in elevations of lots within this development and elevations in adjoining developments. The differences in elevation between the adjoining properties and the lots within this development as shown on the TTM and the grading plan will be allowed by the City Engineer due to the unique site conditions of this project and the effort by the applicant to lower the site as much as possible. Further lowering of the site would impose an unreasonable hardship upon the applicant. 51. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation, and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 52. Stormwater handling shall conform with the approved hydrology and drainage report for the Estates at Griffin Lake, Tract Map 36744. Nuisance water shall be disposed of in an approved manner. 53. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100-year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3-hour, 6 hour or 24-hour event producing the greatest total run off. 54. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 55. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 56. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 554 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 14 OF 20 57. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 58. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 59. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 60. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 61. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 62. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 63. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2009- 0009-DWQ and Order No. 2012-0006-DWQ. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred 555 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 15 OF 20 method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 64. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 65. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 66. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 67. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 68. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 69. A final noise analysis shall be completed when final lot layout and pad elevations have been completed to assure that the existing Avenue 54 wall is sufficient to meet the City's noise control standards for all affected units. 70. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to 556 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 16 OF 20 demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. LANDSCAPE AND IRRIGATION 71. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 72. The applicant shall provide landscaping in the required setbacks, retention basins, common lots, and park areas. 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 74. The applicant shall submit final landscape plans for review, processing, and approval to the Planning Division, in accordance with the Final Landscape Plan application process, as a major final landscape plan. Plans shall include construction design for all walls, fences, gated entries, trellises, etc. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Planning Division a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 75. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 76. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 557 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 17 OF 20 77. A master wall plan, detailing the design and location of sound wall areas, entry walls, and interior property line walls, shall be subject to review and approval by the Planning Division, in accordance with the landscape review process as conditioned. The wall plan shall specify wall section details, colors and materials, capping, pilasters, entry monuments, planters, and any other related features. PUBLIC SERVICES 78. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. At this time, SunLine has not requested any such improvements; however, should such a request be made in the future, depending on project phasing and completion, the applicant may be required to provide certain said improvements. MAINTENANCE 79. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 80. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 81. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 82. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 83. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. 84. Tentative Tract 36744 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu payment(s) shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Design and Development Director, via land sale information, a current fair market value appraisal, or other information on land value within the subdivision. 558 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 18 OF 20 Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. FIRE PROTECTION 85. For residential areas, provide approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 2- hour duration at 20 PSI. 86. The required water system, including fire hydrants, shall be installed, and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 87. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets, and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 88. Residential fire sprinklers are required in all one- and two-family dwellings per the California Residential Code, California Building Code, and the California Fire Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. 89. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 90. Any turn -around requires a minimum 38-foot turning radius. 91. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 92. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to 559 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 19 OF 20 installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. ARCHAEOLOGY/PALEONTOLOGY 93. If buried cultural materials are discovered during any earth -moving operations associated with the project, all work in that area shall be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. 94. If any resource recovery occurs, a final report shall be submitted to the Planning Division prior to the issuance of the first Certificate of Occupancy for the project. 95. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 96. A paleontological resource impact mitigation program shall be developed and implemented for the proposed project in accordance with the provisions of CEQA, as well as the proposed guidelines of the Society of Vertebrate Paleontology. The primary component of the mitigation program will be monitoring of ground disturbances during the project by qualified personnel. Since the surface soils have been extensively disturbed in the past, only periodic monitoring is recommended during demolition, tree removal, grubbing, or shallow surface grading. Continuous monitoring shall be conducted for deeper grading and excavations that reach beyond a depth of two feet. The mitigation program should include but not be limited to the following: The excavation of areas identified as likely to contain paleontological resources, such as undisturbed Lake Cahuilla beds and any undisturbed subsurface alluvium, shall be conducted by a qualified paleontological monitor. The monitor should be prepared to quickly salvage fossils, if they are unearthed, to avoid construction delays, but must have the power to temporarily halt or divert construction equipment to allow for removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth -moving permit, or before any clearing of the site is begun. Samples of sediments should be collected and washed to recover small invertebrate and vertebrate fossils. 560 RESOLUTION 2023-XXX CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 2022-0002 (TTM 36744 EXT 3) PROJECT: ESTATES AT GRIFFIN LAKE ADOPTED: PAGE 20 OF 20 • Recovered specimens should be identified and curated at a repository with permanent retrievable storage that would allow for further research in the future. • A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted to the City, will signify completion of the program to mitigate impacts to paleontological resources. • Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. PLANNING DIVISION 97. To comply with the Migratory Bird Treaty Act (MBTA), any vegetation or tree removal, or other ground disturbing activities occurring between January 1 st and August 31 st with the potential to impact nesting birds shall require a qualified biologist to conduct a nesting bird survey to determine if there is a potential impact to such species. All vegetation and suitable nesting habitat (including open ground) on the project site, whether or not it will be removed or disturbed, shall be surveyed for nesting birds. If no nests are present, this condition will be cleared. Conducting construction activities outside the breeding season (September 1st through December 31 st) can avoid having to implement these measures. If active nests of any native bird are found on site, they will be avoided until after the young have fledged. 98. Lots 1 through 31 as depicted on the approved Tentative Tract Map shall be restricted to single story units, not to exceed 22 feet in height. This restriction shall be designated by note on the final map and/or incorporated into the project CC&R's, referencing this Condition. Compliance with this restriction shall be verified during review of precise grading plan submittal(s). 99. It shall be disclosed to any and all parties involved in the sale or other transfer of residential Lots 1 through 78, as part of the CC&R's, that Lot 79 is developed with a residential estate that is approved as a private and public event venue and luxury estate residential rental use. The disclosure shall incorporate language to describe potential impacts due to noise, traffic, and other characteristics associated with the use of Lot 79 as an event venue on a regular basis. 561 HE E A&Y .;row Ar Zft, ir JL MAJASON CtUR 41 or V, I kome.F-L, N ►oo-1 -=;New se ATTACHMENT 2 I AI LP-,RNI.; May 7, 2021 Mr. Mark Majer Griffin Ranch Investors LP 23 Corporate Plaza Suite #150 Newport Beach, CA 92660 SUBJECT: SITE DEVELOPMENT PERMIT 2014-1003 AND TENTATIVE TRACT MAP 36744 EXTENSIONS ASSEMBLY BILL (AB) 1561 EXTENSIONS Dear Mr. Majer: The State of California passed Assembly Bill No. 1561, which provides automatic extensions of 18 months for housing entitlements in effect on March 4, 2021 and expiring prior to December 31, 2021. Both Site Development Permit 2014-1003 and Tentative Tract Map 36744 qualify for this automatic extension. Therefore, the new expiration date for both of these entitlements is November 5, 2022. No further action is needed on your part. If you have any questions, please contact me at (760) 777-7069. Sincerely, Z�4 CARLOS FLORES Senior Planner :EFP i- ATTACHMENT 3 MDM INVESTMENT GROUP September 28, 2022 City of La Quinta Attn: Carlos Flores 78-495 Calle Tampico La Quinta, CA 92253 RE: JUSTIFICATION LETTER FOR ADDITIONAL EXTENSION REQUESTS OF SDP 2014-1003 AND TTM 36744 (VIA RESOLUTION 2019-032) Dear Mr. Flores, Please consider this justification letter for requesting additional extensions for the discretionary approvals stated above. The new extension periods being requested are for the maximum amount of possible time. We received the initial approvals in May 2015 and immediately began processing improvement and final engineered plans with the City of La Quinta and CVWD. According to our files, our improvement plans are approximately 90% complete and we plan to start submitting the remaining scope before the end of 2022. The previous two extensions that were granted to our project in 2017 and 2019 were required due to negative economic conditions and litigation that was associated with the project. We have overcome both hurdles and are finally at a point where we can push this project forward, based on a use that will be beneficial to both the city and overall community. Thank you for your time in reading this letter. Please contact me directly if you have further questions. Sincerely, Mark Majer Griffin Ranch Investors, LP 23 Corporate Plaza, Suite 150 - Newport Beach, CA 92660 - M) 949.629.2582 - C) 949.300.9579 564 u ATTACHMENT 4 LOT B" 46 I II PE 489.3 I 3 I PE 487.5 I -----I II I II - -- -- -- -- - 45 PE 488.4 E ISTING \ -RE SI'PENIrIAL I � 44 PE 487.4 ---- II \ 43 I PE 485.3 P L PE 486.5 �I 42 PE 485.6 - - - - 6 -1 PE 484.3 I 41 \PE 484.E rF- Ito 1),It SEPT 18, 2014 SCALE 1" = 100'-0" 1 I 1 l 21 PE 480.2 LE 19 LLJ PE 481.0 \ 22 PE 479.1 I 'L I �I I 23 18 I PE-477.8 I PE 479.824 I PE 476.6 I I II EX17 TINE _ RESIDENTIAL 25 PE 475.4 L 16 PE 478.0 I P L \ \\ 8 \\ \\ PE 485.5 \ 9 1 12 13 \� / PE 486.5 EXISTING PE 486.1 PE 481.8 PE 477.9 \ RESIDEN IAL 39 / \ \ \ - - - - - \ PE 482.E � � \ 1 38 PE 482.E I � 1 37 36 35 34 33 32 P q\ I PE 483.5 PE 484.2 PE 484.2 PE 482.7 PE 480.6 PE 478.6 I PE 476.E 1 1 TYP . LOT SITE DEVELOPMENT PLAN ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA GRIFFIN RANCH INVESTORS, LP Tentative Tract Map Assessors Parcel Number Legal Description Land Use Gross Acreage Ave 54 Public St. Dedication Net Acreage Residential Lots 1 thru 73 Existing Residential Lot 7 Private Open Space Lot A Lake Lot B Community Facility Lot C Seger Connection Private Streets Existing Zoning Proposed Zoning Existing Gen Flan Land Use 6' EX. STRIPED MEDIAN 36744 City of La Quinta, County of Riverside, State of CA. 77-320-013 Assessors Parcel 77-320-013 being a portion of the Northeast quarter of the Northwest quarter of section 15. Township 6 South, Range 7 East, San Bernardino base and meridian per U. 39.79 ac 1.3 ac 30.1 0 ac 21.03 a 5.15 ac 6.88 ac .10 ac Very Lou Density Residential RVL) with equestrian overlay Estates at Griffin Lake - Specific Plan Low Density Residential LDR 54' (HALF STREET RIGHT-OF-WAY DEDICATION) 30, EX. EASTBOUND TRAVEL (2 LANES) is' EX. PARKWAY EX. V WIDE SIDEWALK `CURB & SECTION A -A GUTTER AVENUE 54 (PUBLIC STREET) (RIGHT-OF-WAY DEDICATION ONLY. STREET IMPROVEMENTS EXIST) N.T.S. P.U.E. 10 R/W0 1- _1_ B.O.C. CURB 8 GUTTER R/W FX, MASONRY WALL R!W P.U. E. 2' 36, 2' 2 TRAVEL LAMES A.C. PAVEMENT OVER A.B. WEDGE CURB 12' TRAVEL LANE SECTION B-B STREETS "B" "C", PORTION OF "D" THRU "HT' (PRIVATE STREETS / PARKING BOTH SIDES OF STREET) N.T.S. 58' 1 D' 12' PROP. RAISED TRAVEL LANE MEDIAN r-BARRIER WEDGE CURB B.O.C. 12' TRAVEL LANE A.O. PAVEMENT CURB I OVER A.B. {0 IO CURB & SECTION C-C CU'rrER STREET "A"r AND "D" (PROJECT ENTRIES) (PRIVATE STREET) N.T.S. ARCh�T F 12' TRAVEL LANE BARRIER CURB Owner / Applicant Griffin Rancch Investor, LP Gwo amiLL,. Mr. Marls Maj er * No. C-02667 23 Corporate Plaza Suite 150 REN. 5 Newport Beach, CA 926609o�GA���4¢� 949.629.2580 LLJ UCILLA Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE ROUP Mr. Greg Bucilla, AIA z ' RCHITECTURE 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 13037 SP-1 949.851.9080 © 2014 BUCILLA GROUP ARCHITECTURE, INC. n6l PLAN 1 3,025 SF (39390 SF W/ BONUS RM @ 2ND STORY) Owner / Applicant Griffin Rancch Investor, LP Mr. Mark Maier 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 949.629.2580 GREG G. V BUC�� * Ns. C-02687 REN. 5 _ 9�aF CA►-1F�� SFPT,g,,0„ ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA SCALE 1/411 = 11-011 GRIFFIN RANCH INVESTORS, LP Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE Mr. Greg Bucilla, AIA 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 949.851.9080 ES I GNSUBP✓1ITTAL PRASE 0 LU UCILLA In- ROUP z RCHITECTURE 13037 I 1.0 2014 BUCILLA GROUP ARCHITECTURE, INC.56 ITALIAN FARMHOUSE lA TUSCAN VILLA 1B PLAN 1 FRONT ELEVATIONS COLOR SCHEME 4 44 I L. 4 �• � • rr� COLOR SCHEME 6 Owner / Applicant Griffin Rancch Investor, LP Mr. Mark Maier 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 949.629.2580 GREG G. BLOLLA * Ns. C-0266 FiEH.5t3 9 of CA►- SFPT,g,,0„ ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA SCALE 1/411 = 11-011 GRIFFIN RANCH INVESTORS, LP S U B M I T T A L 0 UCILLA Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE � ROUP Mr. Greg Bucilla, AIA z RCHITECTURE 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 13037 1.1 949.851.9080 P H A � E 2014 BUCILLA GROUP ARCHITECTURE, INC.56 Eil1 PLAN 2 3,425 SF Owner / Applicant Griffin Rancch Investor, LP Mr. Mark Maj er 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 949.629.2580 �`, GREG G. V. V BUCiLLA * Ns. C-02687 REH. 6 _ 9�aF CA►-1F�� SFPT,g,,0„ ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA SCALE 1/411 = 11-011 GRIFFIN RANCH INVESTORS, LP Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE Mr. Greg Bucilla, AIA 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 949.851.9080 D E S I G N S U B M I T T A L P H A � E 0 LU UCILLA In- ROUP z RCHITECTURE 13037 I 2.0 2014 BUCILLA GROUP ARCHITECTURE, INC.56 { a - ailll"ii% F ,5 fir.: ys '4 � i ' • � R` — T' - r' ■ •rF � � rid ti �*' � •� �a 4 N 4 LA +�jcr 1 i _ •4 4, ��{'IpA .�+!■[r aa -�' - yy 7 4�.. y ii --. • : T r: /.'} .: /�'�A Y]I s� a. aiTa I �.,.]`. iw , - f r1 \ - a- 'Y.- --. - — y� . L L411 ry�'�M1 ITALIAN FARMHOUSE 2A TUSCAN VILLA 2B PLAN 2 FRONT ELEVATIONS - i�ti r: - � r �� .1•a - M1 .. 4V 1 Z .yam �ti r t' P— - 4K a�F• i. f' i COLOR SCHEME 1 . l J1 COLOR SCHEME 7 Owner / Applicant Griffin Rancch Investor, LP Mr. Mark Maier 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 949.629.2580 GREG G. BUCiL LA * Ns. C-0266 Rec&-* 9 OF CA►- SFPT,g,,0„ ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA SCALE 1/411 = 11-011 GRIFFIN RANCH INVESTORS, LP S U B M I T T A L 0 UCILLA Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE � ROUP Mr. Greg Bucilla, AIA z RCHITECTURE 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 13037 2.1 949.851.9080 P H A � E 2014 BUCILLA GROUP ARCHITECTURE, INC.56 GNP- N rm PLAN 3 3,530 SF Owner / Applicant Griffin Rancch Investor, LP Mr. Mark Maier 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 949.629.2580 GREG G. V BLcILLA * Ns. C-02687 REN. 16 9�aF cA►.�Fo� SFPT,g,,0„ ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA SCALE 1/411 = 11-011 GRIFFIN RANCH INVESTORS, LP Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE Mr. Greg Bucilla, AIA 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 949.851.9080 D E S I G N S U B M I T T A L P H A � E 0 LU UCILLA In- ROUP z RCHITECTURE 13037 I 3.0 2014 BUCILLA GROUP ARCHITECTURE, INC.57 ITALIAN FARMHOUSE 3A TUSCAN VILLA 3b PLAN 3 FRONT ELEVATIONS COLOR SCHEME 3 COLOR SCHEME 5 Owner / Applicant Griffin Rancch Investor, LP Mr. Mark Maier 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 949.629.2580 GREG G. BLOLU * Ns. C-0266 RFN. 6-* 9 �aF CA►- SFPT,g,,0„ ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA SCALE 1/411 = 11-011 GRIFFIN RANCH INVESTORS, LP 0 UCILLA Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE � ROUP Mr. Greg Bucilla, AIA z RCHITECTURE 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 13037 3.1 949.851.9080 D E S I G N S U B M I T T A L P H A � E 2014 BUCILLA GROUP ARCHITECTURE, INC.57 PLAN 4 39680 SF Owner / Applicant Griffin Rancch Investor, LP Mr. Mark Maier 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 949.629.2580 �`, GREG G. V BUCiLLA * Ns. C-02687 REN. 6 _ 9�aF CA►-1F�� SFPT,g,,0„ ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA SCALE 1/411 = 11-011 GRIFFIN RANCH INVESTORS, LP Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE Mr. Greg Bucilla, AIA 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 949.851.9080 D E S I G N S U B M I T T A L P H A � E 0 LU UCILLA In- ROUP z RCHITECTURE 13037 I 4.0 2014 BUCILLA GROUP ARCHITECTURE, INC.57 SEPT 18, 2014 SCALE 1/4" = 1'-0" ` 4ti i ter . •#� s •t 4:+���., �+•'' � � �'* {r�fi+ s_ x ti r _ rK ITALIAN FARMHOUSE 4A TUSCAN VILLA 4B PLAN 4 FRONT ELEVATIONS ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA GRIFFIN RANCH INVESTORS, LP r �W \' tir 4 � +• , ■ate {. c`- i � ■.•:r.`ar+'f k� COLOR SCHEME 2 COLOR SCHEME 8 I - Owner / Applicant Griffin Rancch Investor, LP GREG G• `A Mr. Mark Maier * BWUA Ns, C-02687 23 Corporate Plaza, Suite 150 AEH. 6 _ Newport Beach, CA 926609 949.629.2580aFCA►-�F° 0 UCILLA Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE � ROUP Mr. Greg Bucilla, AIA z RCHITECTURE 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 13037 4.1 949.851.9080 S U B M I T T A L P H A � E 2014 BUCILLA GROUP ARCHITECTURE, INC.57 u I Pi� T� Y + rf"' f4 Nor- V ' ;fir v" i■ —� •I a ' I + ■IL — SEPT 18, 2014 SCALE 1/4" = 1'-0" 71I i on BLDG SIDE ELEVATION (FACING LAKE SIDE) -V A. 11 dL FOR NO _ .:.Isla, t f t� r!x' ! ' ... max- • gym � � � � � � � 4 gain qbm * ram' "tipt_ t1w jr imm mi EW 1011 ism NEW mm Ilk i. Imm BLDG FRONT ELEVATION NEW COMMUNITY FACILITY ESTATES @ GRIFFIN LAKE LA QUINTA, CALIFORNIA GRIFFIN RANCH INVESTORS, LP COLOR SCHEME 4 Owner / Applicant Griffin Rancch Investor, LP 0. uXALA Mr. Marls Mai er * ,�,. C-02667 23 Corporate Plaza Suite 150 REN• 5 _ Newport Beach, CA 926609OFCAy��p�� 949.629.2580 0 UCILLA Planner / Architect BGA, Inc. PLANNING & ARCHITECTURE ROUP Mr. Greg Bueilla, AIA z ' RCHITECTURE 19782 MacArthur Blvd., Suite 270 Irvine, CA 92612 13037 5.5 949.851.9080 © 2014 BUCILLA GROUP ARCHITECTURE, INC. n I 4 ot l THE ESTATES AT GRIFFIN LAKE COVER SHEET TRACT MAP #32 7 41 Iilk I07.1 L- : COVER SHEET L-1: OVERALL PLAN L-2: WALL AND FETE PLAN L-3: MAIN ENTRY L-: POOL AND RECREATION AREA L- : AVE. 54 EXTERIOR PARKWAY L-: TYPICAL PRODUCTION UNITS L-7: LADE DESIGN AND EXISTING ESTATE L-: PLANT AND LIGHT LEGENDS L- : PLANT IMAGES L-1 : HARDSCAPE IMAGES L-1 1: LIGHT PLAN I PREPARED FOR: j MARK MAJER 0IF cio*GRIFFIN RANCH INVESTORS LP 23 CORPORATE PLAZA, STE. 150 NEWPORT BEACH, 0A 960 N L-0 R&A LZ\NDSC/\PE ARCHITECTS, INC. LA QUINTA.. CA 061 El Fri a Suite 2 10 Palm Desert CA 92260 RGA Project 1365 (60) 6 - 6 4 SEP. 2, 21 R PLAN VIEW D � n [ 2 2 r r Z m m D�wPL n 0 2 2 r_ r_ z m m w PLAN VIEW - �i FUTURE HOME SITES --------------------- 3 ' BOAC' ESMT, 10' BOR EASMENT 14' FROW TO CITY� AN VIEW � ELEVATION AVE.54 PROPERTY LINE EX1 71NCa WALL TO REMAIN =AIKIT /11 r= T/'S MATe-LJ 1E XISTIM.2 WALL TO KEMAIN PAINT COLON TO MATC14 ! 'k T L-- ♦ I AVE.54 PLANT SCHEDULE TREES BOTANICAL NAME COMMON NAME S12E WATER USE QTY REMARKS C) CERCIDIUM FLORIlDUM BLUE PALO VERD'E 36BOX 02 LOW 7 _y 1 CHILOPSIS IJNEARIS DESERT WILLOW 24'BOX .02 LOW PITHECELLOBIUM FLEXICAULE TEXAS EBONY 24'BOX .02 LOW 5 PROSORSX'PHOENIX' TM HYBRID MESCUITE 38'BO .02 LOW 3 SHRUBS BOTANICAL NAME COMMON NAME SIZE WATER USE QTY REMARKS AD AGAVE DESMETTIANA'VARIEGATA' VARIEGATED AGAVE 5GAL LOW 0.2 22 CDR CORDIA PARVIFOLIA SMALL -LEAF GEiIGERTREE 15 GAL LOW a.2 17 DW D SYLIRJON WHEELER] GREY DESERT SPOOK! 15 GAL LOW a_2 50 EUM EUPHCRBIA MILII `JERRY S CHOICE' CROWN OF THORNS 5 GAL LOW 0.2 25 EUR EUPHORIB IA RESINIFERA RESIN SPURGE 5 GAL LOW 0.2 130 HE HESPERALOE PARVIFLORA RED YUCCA 5 GAL LOW 0.2 36 LEH LEUCOPHYLLUM X `HEAVENLY CLOUD' BAROMETERBUSH 5 GAL LOW 0.2 19 LZ LEUCOPHYLLUM ZYGOPHYLLUM'BLUE RANGER` CIMMERON 5GAL LOW 0.2 38 OE OENOTH ERA SPECIOSA `SISKIYOU' MEXICAN EVENING PRIMROSE 1 GAL LOW 0.2 26 'f U G YUCCA GLORIOSA SPANISH DAGGER 24'BOX LOW 0.2 17 VINEJESPALIER BOTANICAL NAME COMMON NAME SIZE WATER USE I I QTY I REMARKS MAC MAC FADYENA UNGUIS-CAT] YELLOW TRUMPET VINE 5 GAL I LOW 112 J 25 NOTES- 9ULQM TO $ 0191WIT G=119RO 1 91319THRMT 8131LU $i j +M WM,7-4 ! ME PLAN FOR LOICA71CM A'0M:) GRAMM Off LOW W1 IM F> - COLOR AlFAMUCNE OOWACT TO Z DEFIN AFMFI WETMV AND AOLLED PLACE I1 ALL PLA NTO AREAS E7ICEFr LAM AFEAB CR LMM CrrH M NWID ------------ KEY MAP ?4 1 � 6 n r r rn m > I zi� LIGHTING SCHEDULE SYMBOL MANUFACTUREFRIMODEUDESCRIPTIOhJ QTY DETAIL MATERIAL FINISH ELECTRICAL LAMP WATTS COLOR TEMP LENS OPTICSIGLARE MOUNTING TREE UP LIGHT i KICHLER 16011 26 BRASS (MBR) MATTE BRONZE 12V LED 12W WARM WHITE (C) CLEAR 60 DEGREE Pi=RMA POST V ACCENT LIGHT � KICHLER 16007 17 BRASS (MBR) MATTE BRONZE 12V LED 4W WARM WHITE CLEAR 45 DEGREE PERMA POST THE ESTATES AT GRIFFIN LAKE I AVE. 54 PLANTING PLAN - { PREPARED FOR: MARS( MAJER °A CA%0f GRIFFIN RANCH INVESTORS LP 23 CORPORATE PLAZA, STE. 150 NEIPORT BEACH, CAS 920 t,AMOOAM AFK�K SCALE: V = 0'-0" GRAPHIC SCALE 50' 40' 20' 10, a N L-5 RCA LANDSCAPE SCAPE ARCHITECS, INC. 7 061 El Fri a Suite 2 10 Palm Desert CA 92260 (760) 6 - 6 4 RGA Project # 1365 SEP. 2, 21 SIDE YARD WALL HEADER LARGE SHRUBS DECOMPOSED GRANITE BELOW SIDE YARD WALL IMI A k I 1 I RIVEWAY CONCRETE STEP STONES TO SIDE YARD GATE N OTES SEE SHEET L-8 FOR PLANT AND LIGHT LEGEND SEE SHEET L-9 FOR PLANT IMAGES SIDE YARD WALL �vwe NNW 16 LJL '�JIv1I I JLLJ 1\l- 1 N I I [- BELOW GROUND COVER FRACTURED ROCK '`-" HEADER PLANT LEGEND LARGE TREES r . t' SMALL TREES LARGE MEDIUM ACCENTS SMALL ACCENTS ORNAMENTAL GRASSES LARGE SHRUBS BALL SHRUBS GROUND COVERS 'r- " FRACTURED ROCK J P L SIDE YARD WALL N 3 d"pRIVEWAY +1 MEDIUM - ACCENTS CONCRETE STEP STONES TO SIDE YARD GATE DECOMPOSED GRANITE ITE BELOW KEY MAP THE ESTATES AT GRIFFIN FAKE / FRONT YARD TYPICALS Lu r a 4 • # D IVEWAY PLAN 4 LOUR ARID - Er 1TRY SMALL SHRUBS — HEADER LARGE ACCENTS FRACTURED ROCK !,- 11 i we *vamoose safs..,.mass s.s FOUR PRODUCTION HONES FRONT YARD TYPICAL I PREPARED FOR: MARS{ MAJER GRIFFIN RANCH INVESTORS LP 23 CORPORATE PLAZA, STE. 150 NEPORT BEACH, OAS 960 N ::Jr 'UESET BACK EDGE CURB L-6 RGA LA JDKAPE AR HFKTS, INC i 7 061 El Pas a Suite 2 10 Palm Desert CA 92260 (760) 6- 6 4 RGA Project # 1365 SEP.2, 21 HARDSCAPE MATERIALS ENTRY AREAS, BOAT DOCKS AND RECREATION AREA CONTEMPORARY CONCRETE PAVERS EXPOSED AGGREGATE RUSTIC CONCRETE PAVERS S THE EST) LA QUINTA, CA A IN POOL SIDE CABANAS BOAT DOCKS SHADE STRUCTURES 00101 El M I bi IN X41 L04 1100 El 0 1604 Wml 0 _-s PAVI LIONS BOAT DOCKS D RECREATION AREA x � i-'. � , rlw� FA TRELLIS SHADE STRUCTURE STONE AND PLASTER RETAINING WALLS AND STEPS FOR SHORE LINE AND DOCK AREAS ACCESS TES AT GRIFFIN LAKE I HARDSCAPE IMAGE BOAR BRICK K NATURAL BOULDER RETAINING L-10 3061 El Pas s uife 210Palm Desert CA 92260 (D) 6 - 624 G A Project 1365 S E P. 2 4, 2 1 578 ATTACHMENT 5 -- - _ :; ___ :-_____ _ _- _______________________ _ _ _ ______. -"_ " ____� •� \,, II!oiii i%% � y /��7 G�{� o o �7 -Conc. x4836 -� __ _______ _______________ _-. -- ' � _ ____________________________________________________-_ ______ __ r r ------------- Op LG°Q�1D USE a \H1 ma- aoLF COURSE Ex. R/w_ --- __�----_______�--------------------________-�- - - -- i -,EX.- - - - --- _. - -� AVENUE 54 a --- _- a-------- G - �) �_ 1 ,jSEE NOTE NO. 1 IN DA)p TABLE ON_THIS SHEET PERTAINING TO LOT 791 EX. STRIPED - _------____-- t, � X B6t7NDA�4 AND�7`L' N 89046'51.76" E 1317.72' MEDIAN ' _ _ __ �- 77677�QOPEH ap ° -- a.- - -= W �I W - : w - - C - imK v EX. R/W�7�wK 59T f 16' 2Yl' 24' 20' 8T T87 8T 1 8T 8T 21' 24' 92' 6 `u w LU AVENUE 52 - conc. x489.4 m x,88.5 4 1 F'KUF. K/W - .490.4 - 10, OBS _ 0 834 � ---- A. �t II Ic 4 C� 5s'IC582 N 3 10,904 SF N w 1 10,904 SF 10,904 SF 5 c 6 I I ` s - � 1 � 10,734 SF PROP. B o 10,904 SF N 15,735 SF - \ I 10' P.U.E. � / v \ 87� - - -87r� - -87r - - =87r 77677��3�Oo=0�0 AVENUE 54 776773�000� \y b STREET "B" 41 x 4795 % 224,541 SF (�1�V OLD - O f- 75' CQ . 5.15 AC _ _ C]I 101' LQ aUoH�Q � - �� SEE NOTE NO. 1 IN DATA TABLE ON THIS SHEET PERTAINING TO LOT 79 10I� I �( ) N � l � I I 7 0 ,786 x487 i 74 B co °o' 11,321 Sr I 1 10,127SF C7 11,844SF Y OBS OBS 130' 125'- r - : - 1 130' I- - � � p 9 LOT ..B., � I x 33,569 SF I I 1 73 0 76 �� 10,000 SF o x,BZP' x 0.77 AC I I I� I O I I x497.4 10,397 SF 00 10,397 SF Mo® �t I 1 1 71671=`3 �0=00� I I I ' 1 125' 130' 130�Q C I I I' I 97 x494. • �I�Olo1� 1 I I I I I � C�L°aaUOL`LG°a l Conc. �a - r g AVENUE 50 19 2 C07Y1 OF ]HOD H- w w V z Lu �00 O O I o Q �g U�10�9C�OQpOGiQ' OOU�94YI Of;= G,iOdC�GD3�1� AIRPORT BOULEVARD 21 � w w o' VENUE 58 ' +� o� �°r I 72 0 77 0 «�� 10,000 SF a0 co 10,397 SF Q I I 2gl���� 0 10,397 SF 1 - --- - - II•=' j x4 - ��" DO����o 1 130' 130 1 I f j 125' Ir, \--- RULER -- 4R,�� 2�zo 00 LPROP.BOLD ER WAY �glivO�7 o 40' w _ _ _ _ _ _ I I o y 10'P.U.E. - - VICINITY MAP DO STREET - _ -_ �' I/ - ��'O�OQ ��� 1 - -- LOT ..A.. Hi 0- 40' 0 10 oro I I - --- R, 71 78 �M 10,000 SF I ' I N.T.S. 259,916 SF o �� tr` 12,312 SF 12,913 SF 5.97 AC ��� ���� I �'_ I 125' L o-: � 6> (b �\ \ 76' 1 11 11 0 -1 I 68 �� \ 70 10,000 SF 00 I o 12,748SF \ r'�p� 11,572SF 1 I ^ II �� I `17071=c`�3�0000�0 o oM 7� 0 125' 78 , 13,399 SF o 40 ����� L� 13,967 SF N s N25 \� `69 1 : I �6�=3�000 III I 2 12,273 SF f 7 13,776 SF 1 70 �P' \ \ I ��1� �S 13,703 SF 67 \\ \ I 1 CD 10,0 0 SF x4 .� I I cv 4 ,� /� \ 11,733SF \ 1 0 � 125' FEMA FLOOD ZONE DESIGNATION: ZONE X - AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. ZONE X - AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1 % ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1 % ANNUAL CHANCE FLOOD. �7Hz�C7 H0o 3� 3%]g I38R=40 56 R=CD 40 125 5 �9' R; ��� I 1 0Op LHD USE. LOAM ZOE �Yl-I z �I � 41 13,747SF � N ��, �� � /6g z I I I _ -1 15,594 SF II13 RESS'I) C lmn/° L MOMM(R. LO%W I 0 10,165 SF 130 iL / 59 11,9 0 SF \ - T �P d 10,000 SF � I I ABBREVIATIONS DD E� e 7v mel]DC�H rI zO L �nM1�GJ I 1 I� 128' 128' 13,798 SF l EOp EarRoaH OWERLG°aYl / �� I I 1 125' I B.O.C. BACK OF CURB 55 H l7 I 7l(jo ����0=0�� I - (E) EAST 37 I ^� 42 12,104 SF o j / \16 '�, 7 12, 65 SF 1 1 I (N) NORTH 10,371 SF 12,153 SF B 1 1 14 0 (S) SOUTH x4 s' 1 I 60 I 1 F I� I I D° 0 0 ° W WEST � � r 64 � � � o,000 s x, �G�3QO1� G�Oo ��071g ( ) I 71671=`� �00 00 00 1l, Q I 130' - _ - - - - - - - 12,165 SF 86 16,595 SF Cep Lz°pHD USE. L0 1� A.C. ASPHALT CONCRETE �11 a 1 I li7'- - - �l� - � tib 728, �� 1 125' I I I AC ACREAGE 0 DC H1�0��7 G3C��ODC��11� aL STREET "E" v 1 I __ APN ASSESSORS PARCEL NUMBER I I 36 - �S� 61 1 r �Oo�0�6CG4Yl BNDRY BOUNDARY I II 10,400 SF P�� _ - R 1 5, \ 1 1,529 SF 72�, 1 1 15 0 f I' I I RESHDMH7] QL % 71M I D ° C/L CENTERLINE a 1 ]11 - - 8� - - - �- - - 6' O �j I cO �� C&G CURB AND GUTTER II �� �� t o,000 SF CQUC� �G30L°QG� OMCG3LG°QYI 130' I PROP. \ 1 E/P EDGE OF PAVEMENT ESMT. EASEMENT 10' P.U.E. B � �'' 62 125' I\ 1 _ EX. EXISTING P o I 35 l rd 43 N 44 N 45 46 N 47 \ 11,387sF 1 I 1 _ MAX. MAXIMUM I I I 0 1 1,838 SF 10,000 SF ^ 10,000 SF 10,000 SF 12,374 SF \ \ \ 1 I 1 �d 10,400 SF ip O �S- �b 9 16 0 I ��O 7T���0�0��° I M.B. MAP BOOK 10,000 SF °O Q I MIN. MINIMUM II o 130' =1 �1 \ \ I I a II NO. NUMBER 94' 80' 80' 80' 48 \ \ 63 125' I N.T.S. NOT TO SCALE w 51 10,200 SF ° \ \ 11,946 SF 1 I 1 O/H OVERHEAD 70713�OOOg 34 OS/PP OPEN SPACE /PARKS / �' ul 10,398 SF y `�6' �s \ p' �f a PG. PAGE I ' q 17 O'� - P/L PROPERTY LINE II I 49 \ 10,686 SF o r PROP. PROPOSED , t 29' � 54 0 53 0 52 0 51 0 I 11,670 SF 2 10,400 SF fO 10,400 SF `2 c4 14,385 SF � \ � � / � I - P.U.E. PUBLIC UTILITY EASEMENT 10,400 SF 50 39, I I R RADIUS III I I , 1 B 1 1,989 SF � � � � _- -- I 33 Ij10 �/ O I 1 R/W RIOGH OFSITY WAYRESIDENTIAL) 10,354 SF r Jim - - - - - - - - - - - �2� R,3 _ _ - �' s� \ SF SQUARE FEET I _57 8T _ �0' �0� �1 \ 34 0 o - \ 18 [� STD. STANDARD n 124 _ STREET "G" v - - / �° C %J(oj%J� �0�0�5j TYP. TYPICAL \s� ` `�1,, 17,332 SF o \ UG UNDERGROUND / - - $0'- 80_ - - �0_ _ 89' - R / 81' i C`• Icp 12 - 8� cr 32 PROP.' CD �I I 18,264 SF B 10' P.U.E. 77677_�320-006 30 0 29 a 28 0 27 0 26 a 25 24 23 22 �° 21 �, 20 19 2�s' �o �° I I fi 1 0 31 ) - 12,612 SF `� 10,381 SF `^' 10,400 SF �' 10,400 SF r' 10,400 SF `^' 10,400 SF r' 10,002 SF N 12,414 SF 15,609 SF 12,201 SF 10,401 SF `V 11,392 SF � 17,863 SF u 85' 134' 80' 80' 80' 80' 80' 80' 80' 80' 80' 80' 100' 183' N 89'49'25.80" E 1316.79' 3�0�0� QOpG�] opz%(C� ) D s 7G3G°QO`� �lOo 2£o377g / I x 486.2 D ° D e x 476.4 �p LQG�D U�C�o LOAM DC��1�0��7 G3C��ODC�H1`70QL �OH]OH1C�o L0� \,` x,B0.6 DD EHnf 7V HESI)DEH 7I ,%L �M 71H EOUIIESTRUH OO WERLQ� \ � 77C�77�3�000�3 j7 j7 / 71671 �3�00 �Oo Oo a � 77677�3�OOOg x4Afi" i/ � i/ �3�00�0 71671�3�00 0�� 71C�71�3�Oo 00 �� I-'��.,��� 54' (HALF STREET RIGHT-OF-WAY DEDICATION) R/W EX. STRIPED MEDIAN P.U.E. 10, R/W 2' EX. EASTBOUND TRAVEL (2 LANES) SECTION A -A EX. PARKWAY EX. 6' WIDE SIDEWALK CURB & GUTTER (PUBLIC STREET) (RIGHT-OF-WAY DEDICATION ONLY. STREET IMPROVEMENTS EXIST) N.T.S. 40' 36' 2 TRAVEL LANES EX. MASONRY WALL R/W 10, P.U.E. 2' CURB ' SECTION B-B CURB STREETS "B", "C", PORTION OF "D" THRU "H" (PRIVATE STREETS / PARKING BOTH SIDES OF STREET) N.T.S. B.O.C. 58' B.O.C. 12' 12' 10, 12' 12' TRAVEL LANE TRAVEL LANE PROP. RAISED TRAVEL LANE TRAVEL LANE MEDIAN BARRIER BARRIER A.C. PAVEMENT CURB CURB OVER A.B. II II 2% CURB & � GUTTER SECTION C-C STREET "A" AND "D" (PROJECT ENTRIES) (PRIVATE STREET) N.T.S. CURB & GUTTER LEGEND 679.3 EXISTING SPOT ELEVATIONS EXISTING CONTOURS EXISTING AEASEMENT DELTA c EXISTING CABLE EXISTING IRRIGATION DRN DRAIN LINE - - - - - - - EXISTING EASEMENT E EXISTING ELECTRIC - - G EXISTING GAS - IRR EXISTING IRRIGATION EXISTING LOT LINE EXISTING EDGE - OF PAVEMENT r EXISTING TELEPHONE EXISTING OVERHEAD o/H T TELEPHONE R/W EXISTING RIGHT OF WAY s EXISTING SEWER EXISTING SEWER FM FORCE MAIN - - w EXISTING WATER TENTATIVE TRACT MAP BOUNDARY PROPOSED AND EXISTING CENTER LINE PROPOSED CURB - PROPOSED EASEMENT PROPOSED LOT LINE PROPOSED RIGHT OF WAY IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 36744 EXHIBIT DATE: JUNE 20, 2014 DATA TABLE APPLICANT AND LAND OWNER: GRIFFIN RANCH INVESTORS, LP ADDRESS 23 CORPORATE PLAZA SUITE 150 NEWPORT BEACH, CALIFORNIA 92660 CONTACT: MARK MAJER TELEPHONE: (949)629-2580 EXHIBIT PREPARER: MSA CONSULTING, INC. ADDRESS 34200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 CONTACT: JULIAN A. DE LA TORRE (PE C43880) TELEPHONE: (760) 320-981 1 SOURCE OF TOPOGRAPHY: INLAND AERIAL SURVEYS, INC. ADDRESS 7117 ARLINGTON AVENUE, SUITE "A" RIVERSIDE, CALIFORNIA 92503 DATE OF TOPOGRAPHY: DECEMBER 20, 2013 TELEPHONE: (951) 687-4252 ASSESSOR'S PARCEL NUMBER: 767-320-013 LEGAL DESCRIPTION: ASSESSOR'S PARCEL 767-320-013 BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS PER UNITED STATES GOVERNMENT SURVEY LAND USE DESCRIPTION: ACREAGE: GROSS ACREAGE: 39.79 Ac. AVENUE 54 PUBLIC STREET DEDICATION (PER TENTATIVE PARCEL MAP NO. 36745): 1.63 Ac. NET ACREAGE: 38.16 Ac. RESIDENTIAL LOTS: LOTS 1-78 21.03 Ac. EXISTING RESIDENTIAL LOT: LOT 79 5.15 Ac. PRIVATE OPEN SPACE LOTS: LOT "A" (LAKE), LOT "B" (CLUBHOUSE), AND LOT "C" (SEWER CONNECTION) 6.88 Ac. PRIVATE STREETS: STREETS "A" - "H" 5.10 Ac. RESIDENTIAL LOTS 1 - 78 DATA: MINIMUM LOT SIZE: 10,000 S.F. AVERAGE LOT SIZE: 1 1,743 S.F. MAXIMUM LOT SIZE: 18,264 S.F. EXISTING ZONING: VERY LOW DENSITY RESIDENTIAL (RVL) WITH EQUESTRIAN OVERLAY PROPOSED ZONING: GRIFFIN LAKE ESTATES SPECIFIC PLAN EXISTING GENERAL PLAN LAND USE: LOW DENSITY RESIDENTIAL (LDR) PROPOSED GENERAL PLAN LAND USE: LOW DENSITY RESIDENTIAL (LDR) PUBLIC UTILITY PURVEYORS: ELECTRIC: IMPERIAL IRRIGATION DISTRICT 760-335-3640 GAS: THE GAS COMPANY 800-427-2200 TELEPHONE: VERIZON COMPANY 800-483-5000 WATER: COACHELLA VALLEY WATER DISTRICT 760-398-2651 CABLE: TIME WARNER CABLE 760-340-1312 SEWER: COACHELLA VALLEY WATER DISTRICT 760-398-2651 USA: UNDERGROUND SERVICE ALERT 800-227-2600 EXISTING EASEMENT NOTES: Z& WATER PIPE LINE EASEMENT IN FAVOR OF U.S.A., FOR INCIDENTAL PURPOSES, RECORDED APRIL 11, 1949 IN BOOK 1067, PAGE 26, O.R. 2 BOTH POLE LINES AND CONDUITS IN FAVOR OF IMPERIAL IRRIGATION DISTRICT, FOR UTILITY PURPOSES, RECORDED JUNE 4, 1956 IN BOOK 1921, PAGE 381, O.R. (UNPLOTTABLE) AN EASEMENT FOR PUBLIC HIGHWAY OVER THE NORTH 30 FEET OF SAID LAND CREATED BY MINUTE ORDER OF SUPERVISORS OF RIVERSIDE COUNTY, MADE ON JANUARY 9, 1901, RECORDED APRIL 17, 1959 AS INSTRUMENT NO. 32692, IN BOOK 2454, PAGE 65 O.R. 4 THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED RIGHT OF WAY AGREEMENT, EXECUTED BY AND BETWEEN THE MERV GRIFFIN LIVING TRUST, U/D/T DATED JUNE 20, 1986 (AS AMENDED) AND THE CITY OF LA QUINTA, A MUNICIPAL CORPORATION, RECORDED JANUARY 20, 2005, AS INSTRUMENT NO. 2005-0055025, O.R. NOTE: 1. FINANCING PARCEL MAP NO. 36745 ACCOMPANIES TENTATIVE TRACT MAP NO. 36744. IF THE FINAL PARCEL MAP RECORDS BEFORE THE TRACT MAP, IT WOULD ELIMINATE THE NEED FOR THE FINAL TRACT MAP TO DEDICATE ANY ADDITIONAL RIGHT-OF-WAY ON AVENUE 54 OR TO RECORD LOT 79. o pig` R 0' 100' 200' 300' 400' SCALE 1"=100' 579 580 CONSENT CALENDAR ITEM NO. 19 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE CLASSIFICATION PLAN AND SALARY PLAN/SCHEDULE FOR ALL REPRESENTED AND UNREPRESENTED EMPLOYEES FOR FISCAL YEAR 2022/23 RECOMMENDATION Adopt a Resolution approving the classification plan and salary plan/schedule for Fiscal Year 2022/23, effective January 1, 2023. EXECUTIVE SUMMARY • The City's classification plan and salary plan/schedule must be approved by the City Council and adopted by resolution in accordance with the City's Personnel Policy. • On August 2, 2022, pursuant to Resolution No. 2022-029, Council authorized the City Manager to implement personnel changes and reclassify various positions. • Approval and adoption of this resolution will allow the City Manager to implement the necessary personnel changes and reclassifications. FISCAL IMPACT Council previously approved implementation costs on August 2, 2022, and funds are available in the current fiscal year budget in the Contingency for Staffing account (101- 1007-50115). BACKGROUND/ANALYSIS The City's Classification Plan and Salary Plan/Schedule groups jobs into common classifications based on similarities and provides job classification titles and salary structures. On August 2, 2022, Council authorized the City Manager to implement personnel changes and reclassify various positions. Over the last year, the City worked with a consultant to update all job classifications/descriptions, which resulted in various positions being identified for reclassification. To implement the recommended changes, the City's Classification Plan and Salary Plan/Schedule must be approved by Council. Approval of the Classification Plan and 581 Salary Plan/Schedule will enable the City Manager to place employees in the appropriate classifications and salary ranges based on the level of work being performed. kLTERNATIVES The Council may elect not to adopt the resolution approving the salary plan/schedule and classification plan for Fiscal Year 2022/23. Prepared by: Carla Triplett, Human Resources Analyst Approved by: Jon McMillen, City Manager Attachment: 1. Salary Schedule 2022/23 Redline 582 RESOLUTION NO. 2023 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE CLASSIFICATION PLAN AND SALARY PLAN/SCHEDULE FOR ALL REPRESENTED AND UNREPRESENTED EMPLOYEES FOR FISCAL YEAR 2022/23 WHEREAS, the classification plan and salary plan/schedule of the City of La Quinta must be approved by the City Council and adopted by resolution in accordance with the City of La Quinta's ("City") Personnel Policy; and WHEREAS, the City desires to establish a fair and equitable classification plan and salary plan/schedule for all represented and unrepresented employees; and WHEREAS, this document will supersede any prior resolutions and amendments and may be changed only upon approval of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby approves to implement the 2022/23 Classification Plan, attached hereto as Exhibit A, and incorporated herewith by this reference, for all represented and unrepresented employees. SECTION 2. The City Council hereby approves to implement the 2022/23 Salary Schedule, attached hereto as Exhibit B, and incorporated herewith by this reference, for all represented and unrepresented employees. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20' day of June, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 583 Resolution No. 2023 — xxx Classification Plan and Salary Plan/Schedule FY 2022/23 Adopted: June 20, 2023 Page 2 of 2 LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 584 CITY OF LA QUINTA RESOLUTION NO. 2023-XXX 2022/23 CLASSIFICATION PLAN EXHIBIT A EFFECTIVE JANUARY 1, 2023 ADOPTED: JUNE 20, 2023 CLASSIFICATION SERIES CLASSIFICATION SPECIFICATIO UTHORIZED WORKING TITL Administrative Administrative Assistant Administrative Assistant Al2 Administrative Technician Administrative Technician 1321/622 Executive Specialist Executive Specialist 1325/1332 Building Building Inspector Building Inspector B23 Senior Building Inspector Sr. Building Inspector 1324/631 Plans Examiner Plans Examiner 1325/1332 Deputy Building Official Deputy Building Official C42 Centralized Services Permit Technician Permit Technician B22 Senior Permit Technician Sr. Permit Technician B23 City Clerk Deputy City Clerk Deputy City Clerk 1324/1331 Code Code Compliance Officer Code Compliance Officer B22 Senior Code Compliance Officer Sr. Code Compliance Officer B23 Animal Control/Code Compliance Supervisor Animal Control/Code Compliance Supervisor C42 Community Services Recreation Leader Recreation Leader All Senior Recreation Leader Sr. Recreation Leader Al2 Community Services Specialist Community Services Specialist B23 Senior Community Services Specialist Sr. Community Services Specialist B24 Data Administration Data Reporting Specialist Data Reporting Specialist 624/1332 Engineering Construction Inspector Construction Inspector B23 Assistant Construction Manager Assistant Construction Manager C42 Associate Engineer Associate Engineer C44/C51 Finance Finance Technician Finance Technician B22 Senior Finance Technician Sr. Finance Technician B23 Junior Accountant Jr. Accountant B24 Accountant Accountant 625/1332 Senior Accountant Sr. Accountant C42 Human Resources Human Resources Technician HR Technician B22 Maintenance & Operations Maintenance & Operations Worker Maintenance & Operations Worker Al2 Senior Maintenance & Operations Worker Sr. Maintenance & Operations Worker A13 Maintenance & Operations Technician Maintenance & Operations Technician B23 Maintenance & Operations Coordinator Maintenance & Operations Coordinator B24/B31 Maintenance & Operations Crew Leader Maintenance & Operations Crew Leader 1324/631 Maintenance & Operations Superintendent Maintenance & Operations Superintendent C42 Management Manager Building Official D61 Manager Finance Manager D61 Manager Hub Manager D61 Manager Human Resources Manager D61 Manager Marketing Manager D61 Manager Planning Manager D61 Deputy Director Community Services Deputy Director D63 Deputy Director Maintenance & Operations Deputy Director D63 Deputy Director Public Safety Deputy Director D63 1 585 CLASSIFICATION SERIES Management (continued) CITY OF LA QUINTA 2022/23 CLASSIFICATION PLAN EFFECTIVE JANUARY 1, 2023 CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE Director Director Director Director Director City Manager Management Administration Management Specialist Management Analyst Principal Management Analyst Marketing/Communications Marketing & Communications Specialist Planning Associate Planner Senior Planner Traffic Traffic Signal Technician * City Manager salary is determined by City Council contract City Clerk Design & Development Director Director (Business Unit/Housing Development) Finance Director/Treasurer Public Works Director/City Engineer City Manager Management Specialist Management Analyst Principal Management Analyst Marketing & Communications Specialist Associate Planner Sr. Planner Traffic Signal Technician RATING E82 E82 E82 E82 E82 F101* B25 C42 C44/C51 B24/B31 C42 C44/C51 B22 2 586 t IOWA& — cew K,Mnesertr — 2022/23 Salary Schedule RESOLUTION NO. 2023-XXX EXHIBIT B ADOPTED: JUNE 20, 2023 FULL-TIME EMPLOYEES ANNUAL WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 All $ 41,138.26 $ 43,195.17 $ 45,252.09 $ 47,309.00 $ 49,365.91 $ 51,041.01 $ 52,716.11 $ 54,391.22 $ 56,066.32 $ 57,741.42 Administrative Assistant Al2 $ 45,260.81 $ 47,523.85 $ 49,786.90 $ 52,049.94 $ 54,312.98 $ 56,155.93 $ 57,998.87 $ 59,841.82 $ 61,684.77 $ 63,527.72 Maintenance & Operations Worker Sr. Maintenance & Operations Worker A13 $ 49,383.36 $ 51,852.53 $ 54,321.69 $ 56,790.86 $ 59,260.03 $ 61,270.83 $ 63,281.62 $ 65,292.42 $ 67,303.22 $ 69,314.01 Administrative Technician B21 $ 53,518.30 $ 56,194.22 $ 58,870.13 $ 61,546.05 $ 64,221.96 $ 66,401.26 $ 68,580.57 $ 70,759.87 $ 72,939.17 $ 75,118.47 Administrative Technician Code Compliance Officer Finance Technician B22 $ 57,640.85 $ 60,522.89 $ 63,404.94 $ 66,286.98 $ 69,169.02 $ 71,516.17 $ 73,863.33 $ 76,210.48 $ 78,557.63 $ 80,904.78 Human Resources Technician Permit Technician Traffic Signal Technician Building Inspector Community Services Specialist Construction Inspector Maintenance& Operations Technician B23 $ 61,763.41 $ 64,851.58 $ 67,939.75 $ 71,027.92 $ 74,116.09 $ 76,631.09 $ 79,146.09 $ 81,661.08 $ 84,176.08 $ 86,691.08 Sr. Code Compliance Officer Sr. Finance Technician Sr. Permit Technician Deputy City Clerk Jr. Accountant Maintenance & Operations Coordinator Maintenance & Operations Crew Leader B24 $ 67,446.36 $ 70,818.68 $ 74,191.00 $ 77,563.32 $ 80,935.64 $ 83,681.99 $ 86,428.35 $ 89,174.71 $ 91,921.07 $ 94,667.43 Marketing & Communications Specialist Sr. Building Inspector Sr. Community Services Specialist Accountant Executive Specialist B25 $ 74,439.45 $ 78,161.42 $ 81,883.39 $ 85,605.36 $ 89,327.34 $ 92,358.58 $ 95,389.83 $ 98,421.07 $ 101,452.32 $ 104,483.56 Plans Examiner Management Specialist B31 $ 67,446.36 $ 70,818.68 $ 74,191.00 $ 77,563.32 $ 80,935.64 $ 83,681.99 $ 86,428.35 $ 89,174.71 $ 91,921.07 $ 94,667.43 B32 $ 74,439.45 $ 78,161.42 $ 81,883.39 $ 85,605.36 $ 89,327.34 $ 92,358.58 $ 95,389.83 $ 98,421.07 $ 101,452.32 $ 104,483.56 ULL-TIME EMPLOYEES (ANNUA WORKING TITLE DEN! STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14 C41 $76,022.44 $79,190.29 $82,358.15 $85,526.00 $88,693.86 $91,857.91 $95,028.05 $97,783.86 $100,539.67 $103,295.48 $106,051.29 $108,807.10 $111,562.91 $114,318.72 Assistant Construction Manager Associate Planner Animal Control/Code Compliance Supervisor Deputy Building Official C42 $ 80,433.29 $ 83,784.94 $ 87,136.60 $ 90,488.25 $ 93,839.91 $ 97,187.54 $ 100,541.61 $ 103,457.31 $ 106,373.02 $ 109,288.72 $ 112,204.43 $ 115,120.13 $ 118,035.84 $ 120,951.54 Associate Planner Maintenance & Operations Superintendent Management Analyst Sr. Accountant C43 $ 84 844.12 $ 88 379.57 $ 91 915.03 $ 95 450.48 $ 98 985.94 $ 102 517.15 $ 106 055.15 $ 109 130.75 $ 112 206.34 $ 115 281.94 $ 118 357.54 $ 121 433.13 $ 124 508.73 $ 127 584.33 Associate Engineer Principal Management Analyst C44 $ 90,367.61 $ 94,133.23 $ 97,898.84 $ 101,664.46 $ 105,430.08 $ 109,191.18 $ 112,959.51 $ 116,235.33 $ 119,511.16 $ 122,786.98 $ 126,062.80 $ 129,338.63 $ 132,614.45 $ 135,890.27 Senior Planner Building Official Finance Manager Hub Manager Human Resources Manager D61 $ 102,513.99 $ 106,785.75 $ 111,057.51 $ 115,329.27 $ 119,601.02 $ 123,867.66 $ 128,142.49 $ 131,858.62 $ 135,574.75 $ 139,290.88 $ 143,007.01 $ 146,723.14 $ 150,439.26 $ 154,155.39 Marketing Manager Planning Manager Community Services Deputy Director Maintenance & Operations Deputy Director D63 $ 113,021.68 $ 117,731.29 $ 122,440.90 $ 127,150.52 $ 131,860.13 $ 136,564.09 $ 141,277.10 $ 145,374.13 $ 149,471.17 $ 153,568.20 $ 157,665.24 $ 161,762.27 $ 165,859.31 $ 169,956.35 Public Safety Deputy Director City Clerk Design & Development Director Director (Business Unit/Housing Development) E82 $ 136,138.97 $ 141,811.88 $ 147,484.79 $ 153,157.71 $ 158,830.62 $ 164,496.72 $ 170,173.72 $ 175,108.75 $ 180,043.78 $ 184,978.82 $ 189,913.85 $ 194,848.89 $ 199,783.92 $ 204,718.95 Finance Director/City Treasurer Public Works Director/City Engineer !Citv Mana er 1 F101' 1 $ 185,230.221 $ 192,948.761 $ 200,667.311 $ 208,385.851 $ 216,104.391 $ 223,813.681 $ 231 537.78 $ 238 252.37 $ 244 966.96 $ 251.681.551 $ 258 396.14 $ 265,110.73 $ 271,825.32 $ 278,539.91 City Council Approval 06/20/2023 08/02/2022 Elected Official Positions Monthl Ma or $2800.05 Council Members 2300.00 Boards and Commission Members Per Community Services Commission $75.00 Construction Appeals & Oversight Board 0.00 Financial Advisory Commission $75.00 Housing Commission $50.00 Planning Commission 918 7 $100.00 Effmfive Date 01/01/2023 07/01/2022 2022/23 a�v uC wGi Salary Schedule ATTACHMENT 1 FULL-TIME E WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 . All $ 41,138.26 $ 43,195,17 $ 45,252.09 $ 47,301 $ 49,365.91 $ 51,041.01 $ 52,716.11 $ 54,391.22 $ 56,066.32 $ 57,741 A2 Administrative Assistant Al2 $ 45.260.81 $ 47,523.85 $ 49.786.90 $ 52,049.94 $ 54.312.98 $ 56,155.93 $ 57.998.87 $ 59,841.82 $ 61.684.77 $ 63,527.72 Maintenance & Operations Worker Sr. Maintenance & Operations Worker A13 $ 49,383.36 $ 51,852.53 $ 54,321.69 $ 56,790.86 $ 59,260.03 $ 61,270.83 $ 63,281.62 $ 65,292.42 $ 67,303.22 $ 69,314.01 Administrative Technician AIMsWcam B21 $ 53.518.30 $ 56,194.22 $ 58.870.13 $ 61,546.05 $ 64.221.96 $ 66,401.26 $ 68.580.57 $ 70,759.87 $ 72.939.17 $ 75,118.47 Acceuat-Teehaician Administrative Technician Code Compliance Offlcorl Finance Technician B22 $ 57,640.85 $ 60,522.89 $ 63,404.94 $ 66,286.98 $ 69,169.02 $ 71,516.17 $ 73,863.33 $ 76,210.48 $ 78,557.63 $ 80,91)1 Human Resources Technician Permit Technician Traffic Si nal Technician Bu ldng inspector 1 Building Inspector ccu munily Services Specialist AV 6CoBndsetructii inspector 823 $ 61,763.41 $ 64,851.58 $ 67,939.75 $ 71,027.92 $ 74,116.09 $ 76,631.09 $ 79,146.09 $ 81,661.08 $ 84,176.08 $ 86,691.08 Maintenance & Operations Technician Sr. Code Compliance OKcer Sr. Finance Technician Sr. Permit Technician Deputy City Clerk Jr. Accountant Maintenance & Operations Coordinator Maintenance & Operations Femman Crew Leader MarketingB Communications Specialist Mona r- ,S'st B24 $ 67,446.36 $ 70,818AB $ 74,191.00 $ 77,563.32 $ 80,935.64 $ 83,681.99 $ 86,428.35 $ 89,174.71 $ 91,921.07 $ 94,667.43 RlaasE-�camiaEvT Sr. Building Inspect., Sr. Ccmmunity4.-Servlces Specialist Accountant Executive Specialist Plans Examiner B25 $ 74,439.45 $ 78,161.42 $ 81,883.39 $ 85,605.36 $ 89,327.34 $ 92,358.58 $ 95,389.83 $ 98,421.07 $ 101,452.32 $ 104,483.56 Management Specialist 631 $ 6] 446.36 $ ]0 818.66 $ 74 191.00 $ ]] 563.32 $ 80 935.64 $ 83 681.99 $ 86 428.35 $ 89174.71 $ 91.921.07 $ 94 667.43 B32 $ 74,439.45 $ 78.161.42 $ 81,883.39 $ 85.605, 6 $ 89,327.34 $ 92,358.58 $ 95,389.83 $ 98.421.07 $ 101,452.32 $ 104.483.56 LL- WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14 C41 $76022.44 $79190.29 $82358.15 $85526.00 $88693.86 $91857.91 $95028.05 $97783.86 $100539.67 $103295.48 $106051.29 $108807.10 $111562.91 $114318.72 Animal ControllCode Compliance Supervisor Assistant Construction Manager Associate Planner Deputy Building Official 6emmd,$ty-ResewseaAnay'st Fiaancialtiawlses Anatysf C42 $ 80,433.29 $ 83,784.94 $ 87,136.60 $ 90,488.25 $ 93,839.91 $ 97,187.54 $ 100,541.61 $ 103,457.31 $ 106,373.02 $ 109,288.72 $ 112,204.43 $ 115,120.13 $ 118,035.84 $ 120,951.54 Maintenance & Operations Superintendent Management Analyst Sr. Accountant #affl�OperaI . .. I C43 84 844.12 88 379.5] 91 915.03 95450.48 98 985.94 102 517.15 106 055.15 109130.75 S 112 206.34 115 281.94 S 118 357.54 121 133.13 S 124 508.73 127 594.33 Associate Engineer Principal Management Analyst C44 $ 90,367.61 $ 94,133.23 $ 97,898.84 $ 101,664A6 $ 105,430.08 $ 109,191.18 $ 112,959.51 $ 116,235.33 $ 119,511.16 $ 122,786.98 $ 126,062.80 $ 129,338.63 $ 132,614.45 $ 135,890.27 Sr. Planner Building Official 6emuntng Finance gFinance Manager Manager Hub Manager Hub Manager Human Resources Manager D61 $ 102,513.99 $ 106,785.75 $ 111,057.51 $ 115,329.27 $ 119,601.02 $ 123,867.66 $ 128,142.49 $ 131,858.62 $ 135,574.75 $ 139,290.88 $ 143,007.01 $ 146,723.14 $ 150,439.26 $ 154,155.39 Marketing Manager Planning Manager Pub! a Safety Manager Community Services Deputy Director Maintenance & Opere lops FaclNBesDeputy Director D63 $ 113.021.68 $ 117,731.29 $ 122.440.90 $ 127,150.52 $ 131.860.13 $ 136,564.09 $ 141,277.10 $ 145,374.13 $ 149.471.17 $ 153,568.20 $ 157.665.24 $ 161,762.27 $ 165.859.31 $ 169,956.35 Public Safety Deputy Director City Clerk sar�at.r Design B Development Director Dtreolor(Business Unit/Housing Development) E82 $ 136,138.97 $ 141,811.88 $ 147,484.79 $ 153,157.71 $ 158,830.62 $ 164,496.72 $ 170,173.72 $ 175,108.75 $ 180,043.78 $ 184,978.82 $ 189,913.85 $ 194,848.89 $ 199,783.92 $ 204,718.95 Finance Director/City Treasurer Public Works Director/City Engineer .CityManager F101' 185 230.22 192 948.]6 200 667.31 208 385.85 216 104.39 223 813.68 231 537.78 238 252.3] 244 966.96 251 681.55 258 396.14 265 110.73 271 825.32 278 539.91 Recreation Leader Senior Receaton Cootie, AB4A A92A 19.78 21.75 20.77 21.76 22.85 23.94 22.74 25.02 23.73 26.11 24.54 27.00 25.34 27.88 26.15 28.77 26.95 29.66 27.76 110,54 Dafa Reporting B24 $32.43 $34.05 $35.67 $37.29 $38.91 $40.23 S41.55 $42.87 $44.19 $45.51 Specialist City Council Approval 06/20/2023 08/02/2022 Elected Official Positions lil.mthhr Mayor I USOUO Council Members Boards and Commission Members Community Services Commission Per $75,00 Consiructlon A Is & Oversl ht Board Financial Ativiso Commission 0.00 $75.00 Housin Commission $50.00 Plannin Commission $100.00 588 Effective Date 01/01/2023 07/01/2022 CONSENT CALENDAR ITEM NO. 20 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE BENEFIT, CLASSIFICATION, AND SALARY PLAN/SCHEDULE FOR FISCAL YEAR 2023/24 RECOMMENDATION Adopt a Resolution approving the benefit, classification plan, and salary schedule/plan for Fiscal Year 2023/24, effective July 1, 2023. EXECUTIVE SUMMARY • The City's salary plan/schedule, classification, and benefit plan must be approved by the City Council and adopted by resolution in accordance with the City's Personnel Policy. • The City of La Quinta Employees' Association (Association) met and conferred on matters pertaining to the annual reopener to determine World at Work salary schedule adjustment and designated paid holidays. • The Association accepted the 2.7% World at Work salary schedule adjustment effective July 1, 2023, and the recognition of Christmas Eve as a designated paid holiday to be observed on Friday, December 22, 2023. • The Association's acceptance also affects non -represented regular full-time employees. • A summary of the economic benefits consisting of the health benefits will be verbally announced in accordance with Government Code Section 54953(c)(3) prior to Council taking any action for the City's executives as defined by State law [subdivision (d) of Section 3511.1]. FISCAL IMPACT The 2023/24 cost to implement the 2.7% World at Work salary schedule adjustment and holiday pay is $190,000 for non -represented membership and $160,000 for represented membership, totaling approximately $350,000. Funds are available in the Contingency for Staffing account (101-1007-50115). 589 BACKGROUND/ANALYSIS The City and Association have met and agreed upon a 2.7% World at Work salary schedule adjustment effective July 1, 2023, and recognition of Christmas Eve as a designated paid holiday to be observed Friday, December 22, 2023. Historically, when the City elects to change benefits for the Association, it also provides non -represented regular full-time employees the same benefits. Staff recommends that the proposed 2.7% World at Work salary schedule adjustment and Christmas Eve holiday be provided to non -represented regular full-time employees. To implement the World at Work salary adjustments, Council must approve the City's Classification Plan and Salary Plan/Schedule. Approval of the Classification Plan and Salary Plan/Schedule will enable the City to provide non -represented regular full-time employees with the same benefits as represented Association members. ALTERNATIVES The Council may elect not to provide the same benefit adjustment changes to the unrepresented regular full-time employees. Prepared by: Carla Triplett, Human Resources Analyst Approved by: Jon McMillen, City Manager 590 RESOLUTION NO. 2023 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE BENEFIT, CLASSIFICATION, AND SALARY/PLAN SCHEDULE FOR FISCAL YEAR 2023/24 WHEREAS, the benefit, classification plan, and salary plan/schedule of the City of La Quinta must be approved by the City Council and adopted by resolution in accordance with the City of La Quinta's ("City") Personnel Policy; and WHEREAS, the City desires to recognize Christmas Eve as a designated paid holiday observed December 22, 2023, for non -represented full-time regular employees updating the City's Benefit Plan and 2023 designated paid holidays; and WHEREAS, the City desires to implement a 2.7% World at Work salary schedule adjustment for all non -represented employees updating the City's 2023/24 Salary Plan/Schedule; and WHEREAS, the City desires to establish a fair and equitable classification plan; and WHEREAS, this document will supersede any prior resolutions and amendments and may be changed only upon approval of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby approves recognizing Christmas Eve as a designated holiday observed on December 22, 2023, for non -represented regular full- time employees. SECTION 2. The City Council hereby approves to implement the 2023/24 Classification Plan, attached hereto as Exhibit A, and incorporated herewith by this reference, for all non -represented employees. SECTION 3. The City Council hereby approves to implement the 2023/24 Salary Schedule, attached hereto as Exhibit B and incorporated herewith by this reference, for all non -represented employees. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20t" day of June 2023 by the following vote: 591 Resolution No. 2023 — xxx FY 2023/24 Benefit, Classification, and Salary Plan/Schedule Adopted: June 20, 2023 Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 1-"%09 16 MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 592 CLASSIFICATION SERIES Administrative Building Centralized Services City Clerk Code Community Services Data Administration Engineering Finance Human Resources Maintenance & Operations Management CITY OF LA QUINTA RESOLUTION NO. 2023-XXX 2023/24 CLASSIFICATION PLAN EXHIBIT A EFFECTIVE JULY 1, 2023 ADOPTED: JUNE 20, 2023 CLASSIFICATION SPECIFICATIOI AUTHORIZED WORKING TITL Administrative Assistant Administrative Assistant Al2 Administrative Technician Administrative Technician 1321/622 Executive Specialist Executive Specialist 1325/1332 Building Inspector Building Inspector B23 Senior Building Inspector Sr. Building Inspector 1324/631 Plans Examiner Plans Examiner 1325/1332 Deputy Building Official Deputy Building Official C42 Permit Technician Permit Technician B22 Senior Permit Technician Sr. Permit Technician B23 Deputy City Clerk Deputy City Clerk 1324/1331 Code Compliance Officer Code Compliance Officer B22 Senior Code Compliance Officer Sr. Code Compliance Officer B23 Animal Control/Code Compliance Supervisor Animal Control/Code Compliance Supervisor C42 Recreation Leader Senior Recreation Leader Community Services Specialist Senior Community Services Specialist Data Reporting Specialist Construction Inspector Assistant Construction Manager Associate Engineer Finance Technician Senior Finance Technician Junior Accountant Accountant Senior Accountant Human Resources Technician Recreation Leader All Sr. Recreation Leader Al2 Community Services Specialist B23 Sr. Community Services Specialist B24 Data Reporting Specialist 624/1332 Construction Inspector B23 Assistant Construction Manager C42 Associate Engineer C44/C51 Finance Technician B22 Sr. Finance Technician B23 Jr. Accountant B24 Accountant 625/1332 Sr. Accountant C42 i HR Technician B22 Maintenance & Operations Worker Maintenance & Operations Worker Al2 Senior Maintenance & Operations Worker Sr. Maintenance & Operations Worker A13 Maintenance & Operations Technician Maintenance & Operations Technician B23 Maintenance & Operations Coordinator Maintenance & Operations Coordinator B24/B31 Maintenance & Operations Crew Leader Maintenance & Operations Crew Leader B24/631 Maintenance & Operations Superintendent Maintenance & Operations Superintendent C42 Manager Building Official D61 Manager Finance Manager D61 Manager Hub Manager D61 Manager Human Resources Manager D61 Manager Marketing Manager D61 Manager Planning Manager D61 Deputy Director Community Services Deputy Director D63 Deputy Director Maintenance & Operations Deputy Director D63 Deputy Director Public Safety Deputy Director D63 593 CLASSIFICATION SERIES Management (continued) CITY OF LA QUINTA 2023/24 CLASSIFICATION PLAN EFFECTIVE JULY 1, 2023 CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE Director Director Director Director Director City Manager Management Administration Management Specialist Management Analyst Principal Management Analyst Marketing/Communications Marketing & Communications Specialist Planning Associate Planner Senior Planner Traffic Traffic Signal Technician * City Manager salary is determined by City Council contract City Clerk Design & Development Director Director (Business Unit/Housing Development) Finance Director/Treasurer Public Works Director/City Engineer City Manager Management Specialist Management Analyst Principal Management Analyst Marketing & Communications Specialist Associate Planner Sr. Planner Traffic Signal Technician RATING E82 E82 E82 E82 E82 F101* B25 C42 C44/C51 B24/B31 C42 C44/C51 B22 2 594 2023/24 tIWA& Salary Schedule RESOLUTON NO.2023-XXX EXHIBIT B ADOPTED: JUNE 20, 2023 FULL-TIME EMPLOYEES ANNUAL WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 All $ 42,248.99 $ 44,361.44 $ 46,473.89 $ 48,586.34 $ 50,698.79 $ 52,419.12 $ 54,139.45 $ 55,859.78 $ 57,580.11 $ 59,300.44 Administrative Assistant Al2 $ 46,482.85 $ 48,806.99 $ 51,131.14 $ 53,455.28 $ 55,779.42 $ 57,672.13 $ 59,564.84 $ 61,457.55 $ 63,350.26 $ 65,242.96 Maintenance & Operations Worker Sr. Maintenance & Operations Worker A13 $ 50,716.71 $ 53,252.55 $ 55,788.38 $ 58,324.22 $ 60,860.05 $ 62,925.14 $ 64,990.23 $ 67,055.32 $ 69,120.41 $ 71,185.49 Administrative Technician B21 $ 54,963.29 $ 57,711.46 $ 60,459.62 $ 63,207.79 $ 65,955.95 $ 68,194.10 $ 70,432.24 $ 72,670.38 $ 74,908.53 $ 77,146.67 Administrative Technician Code Compliance Officer Finance Technician B22 $ 59,197.15 $ 62,157.01 $ 65,116.87 $ 68,076.73 $ 71,036.58 $ 73,447.11 $ 75,857.63 $ 78,268.16 $ 80,678.68 $ 83,089.21 Human Resources Technician Permit Technician Traffic Signal Technician Building Inspector Community Services Specialist Construction Inspector Maintenance & Operations Technician B23 $ 63,431.02 $ 66,602.57 $ 69,774.12 $ 72,945.68 $ 76,117.23 $ 78,700.13 $ 81,283.03 $ 83,865.94 $ 86,448.84 $ 89,031.74 Sr. Code Compliance Officer Sr. Finance Technician Sr. Permit Technician Deputy City Clerk Jr. Accountant Maintenance & Operations Coordinator Maintenance & Operations Crew Leader B24 $ 69,267.41 $ 72,730.78 $ 76,194.15 $ 79,657.52 $ 83,120.89 $ 85,941.40 $ 88,761.92 $ 91,582.43 $ 94,402.94 $ 97,223.45 Marketing & Communications Specialist Sr. Building Inspector Sr. Community Services Specialist Accountant Executive Specialist B25 $ 76,449.32 $ 80,271.78 $ 84,094.25 $ 87,916.71 $ 91,739.18 $ 94,852.27 $ 97,965.36 $ 101,078.45 $ 104,191.54 $ 107,304.63 Plans Examiner Management Specialist B31 $ 69,267.41 $ 72,730.78 $ 7Q194.15 $ 79,657.52 $ 83,120.89 $ 85,941.40 $ 88,761.92 $ 91,582.43 $ 94,402.94 $ 97,223.45 832 $ 76,449.32 $ 80,271.78 $ 84,094.25 $ 87,916.71 $ 91,739.18 $ 94,852.27 $ 97,965.36 $ 101,078.45 $ 104,191.54 $ 107,304.63 am 911111 FULL-TIME EMPLOYEES (ANNUAL) WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14 C41 $78,075.05 $81,328.43 $84,581.82 $87,835.21 $91,088.59 $94,338.08 $97,593.81 $100,424.03 $103,254.24 $106,084.46 $108,914.68 $111,744.90 $114,575.12 $117,405.33 Assistant Construction Manager Associate Planner Animal Control/Code Compliance Supervisor Deputy Building Official C42 $ 82,604.99 $ 86,047.14 $ 89,489.29 $ 92,931.44 $ 96,373.59 $ 99,811.61 $ 103,256.24 $ 106,250.66 $ 109,245.09 $ 112,239.52 $ 115,233.95 $ 118,228.38 $ 121,222.81 $ 124,217.24 Associate Planner Maintenance & Operations Superintendent Management Analyst Sr. Accountant C43 $ 87,134.91 $ 90,765.82 $ 94,396.73 $ 98,027.65 $ 101,658.56 $ 105,285.11 $ 108,918.64 $ 112,077.28 $ 115,235.92 $ 118,394.55 $ 121,553.19 $ 124,711.83 $ 127,870.47 $ 131,029.11 Associate Engineer Principal Management Analyst C44 $ 92,807.54 $ 96,674.83 $ 100,542.12 $ 104,409.41 $ 108,276.70 $ 112,139.35 $ 116,009.42 $ 119,373.69 $ 122,737.96 $ 126,102.23 $ 129,466.50 $ 132,830.77 $ 136,195.04 $ 139,559.31 Senior Planner Building Official Finance Manager Hub Manager D61 $ 105,281.87 $ 109,668.96 $ 114,056.06 $ 118,443.15 $ 122,830.25 $ 127,212.08 $ 131,602.33 $ 135,418.80 $ 139,235.26 $ 143,051.73 $ 146,868.19 $ 150,684.66 $ 154,501.12 $ 158,317.59 Human Resources Manager Marketing Manager Planning Manager Community Services Deputy Director Maintenance & Operations Deputy Director D63 $ 116,073.27 $ 120,910.04 $ 125,746.81 $ 130,583.58 $ 135,420.36 $ 140,251.33 $ 145,091.58 $ 149,299.24 $ 153,506.89 $ 157,714.55 $ 161,922.21 $ 166,129.86 $ 170,337.52 $ 174,545.17 Public Safety Deputy Director City Clerk Design & Development Director Director (Business Unit/Housing Development) E82 $ 139,814.72 $ 145,640.80 $ 151,466.88 $ 157,292.96 $ 163,119.04 $ 168,938.13 $ 174,768.40 $ 179,836.68 $ 184,904.96 $ 189,973.24 $ 195,041.52 $ 200,109.80 $ 205,178.08 $ 210,246.36 Finance Director/City Treasurer Public Works Director/City Engineer City Manager F101- $ 190,231.44F $ 198,158.38 $ 208,085.32 $ 214,012.27 $ 221,939.21 $ 229,856.64 $ 237,789.291 $ 244,685.181 $ 251,581.06 $ 258,476.951 $ 265,372.831 $ 272,268.72 $ 279,164.60 $ 286,060.48 Elected Official Positions III Ma or $2 800.00 Council Members $2,300.00 Boards and Commission Members Per Community Services Commission $75.00 Construction Appeals & Oversi ht Board $0.00 Financial Advisory Commission $75.00 Housing Commission $50.00 Planning Commission $100.00 City Council Approval Effective Date 06/20/2023 07/01/2023 596 CONSENT CALENDAR ITEM NO. 21 City of La Quinta CITY COUNCIL MEETING: ,tune 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION RECOMMENDATION Adopt a Resolution to approve Amendment No. 1 to the Memorandum of Understanding between the City and the La Quinta City Employees' Association. EXECUTIVE SUMMARY • The current Memorandum of Understanding (MOU) between the City of La Quinta (City) and the La Quinta City Employees' Association (Association) provides for a meet and confer reopener to determine annual World at Work salary schedule adjustments. • The City and the Association met and discussed Fiscal Year 2023/24 World at Work salary schedule adjustments and designated paid holidays. • Amendment No. 1 (Amendment) is a result of the reopener approving a 2.7% World at Work salary schedule adjustment for Fiscal Year 2023/24 and observing Christmas Eve as a designated paid holiday in 2023. FISCAL IMPACT The 2023/24 cost to implement the 2.7% World at Work salary schedule adjustment and holiday pay for represented membership would be approximately $160,000. Funds are available in the Contingency for Staffing account (101-1007-50115). BACKGROUND/ANALYSIS The City and the Association entered into a five-year MOU in August 2022. The current MOU provides for a meet and confer reopener to discuss and determine annual World at Work salary schedule adjustments which are determined by the World at Work Salary Budget survey report that reflected a 2.7% salary schedule adjustment. Staff met with the Association to discuss the annual World at Work reopener and designated paid holidays for 2023. The Association accepted the 2.7% World at Work 597 salary schedule adjustment effective July 1, 2023 and the recognition of Christmas Eve as a designated paid holiday to be observed on Friday, December 22, 2023. Except as modified by Amendment No. 1, the MOU remains in full force and effect according to its terms. ALTERNATIVES The City and Association have worked in the true spirit of cooperation to serve the needs of both parties equitably. Approval of Amendment No. 1 will conclude a successful labor negotiation process. Staff does not recommend any alternatives. Prepared by: Carla Triplett, Human Resources Analyst Approved by:Jon McMillen, City Manager 598 RESOLUTION NO. 2023 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING WHEREAS, Council adopted Resolution No. 2022-029 on August 2, 2022, approving the current Memorandum of Understanding ("MOU") between the City of La Quinta ("City") and the La Quinta Employees' Association (Association), expiring on June 30, 2027; and WHEREAS, the current MOU between the City and the Association provides for an annual meet and confer reopener to determine annual World at Work salary schedule adjustments; and WHEREAS, the City and the Association, the recognized organization, have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended; and WHEREAS, the City and the Association have negotiated and agreed upon a 2.7% World at Work salary schedule adjustment effective July 1, 2023, and recognition of Christmas Eve as a designated paid holiday observed December 22, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby ratifies and approves implementation of the economic benefit and right set forth in Amendment No. 1 between the City and Association, attached and incorporated as Exhibit "A", to the extent the City may legally ratify and approve the economic benefit and right in Amendment No. 1 within the term of the MOU. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20t" day of June, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 599 Resolution No. 2023 — xxx Amendment No. 1 to MOU with La Quinta City Employee Association Adopted: June 20, 2023 Page 2 of 2 LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California .We RESOLUTION NO. 2023-XXX EXHIBIT A ADOPTED: JUNE 20, 2023 AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING This AMENDMENT NO. 1 (AMENDMENT) is made by and between the CITY OF LA QUINTA (CITY) and the LA QUINTA CITY EMPLOYEES' ASSOCIATION (ASSOCIATION) as of June 20, 2023. RECITALS WHEREAS, City Council adopted Resolution No. 2022-029 on August 2, 2022, approving the current Memorandum of Understanding (MOU) between the CITY and the ASSOCIATION covering the period from August 2, 2022 through June 30, 2027; and WHEREAS, Section 2.2 of the MOU provides for an annual meet and confer reopener to determine World at Work salary schedule adjustments; and WHEREAS, in May 2023, the CITY and ASSOCIATION began labor negotiations to meet and confer over wages, hours, terms, and conditions of employment, pursuant to Government Code 3500; and WHEREAS, the CITY and ASSOCIATION met and considered Fiscal Year 2023/2024 World at Work salary structure adjustments and designated paid holidays for 2023. NOW, THEREFORE, it is agreed by and among the parties as follows: 1. The foregoing Recitals are true and correct and incorporated in full as part of this AMENDMENT. 2. The CITY and the ASSOCIATION have negotiated and agreed upon a 2.7% World at Work salary schedule adjustment effective July 1, 2023, attached hereto as "Exhibit 1"; and 3. The reopener referenced in Section 2.2 of the MOU is concluded/closed for purposes of the Fiscal Year 2023/2024 salary schedule adjustments; and 4. The CITY and the ASSOCIATION have negotiated and agreed upon observing Christmas Eve on December 22, 2023, as a designated paid holiday; and 5. Except as modified by this Agreement, the MOU remains in full force and effect according to its terms. CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES' ASSOCIATION IN Its Mayor By: Its President 601 2023/24 Salary Schedule MOU AMENDMENT NO. 1 t O` A& — cew Km,nesertr — EXHIBIT 1 FULL-TIME EMPLOYEES ANNUAL WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 All $ 42,248.99 $ 44,361.44 $ 46,473.89 $ 48,586.34 $ 50,698.79 $ 52,419.12 $ 54,139.45 $ 55,859.78 $ 57,580.11 $ 59,300.44 Administrative Assistant Al2 $ 46,482.85 $ 48,806.99 $ 51,131.14 $ 53,455.28 $ 55,779.42 $ 57,672.13 $ 59,564.84 $ 61,457.55 $ 63,350.26 $ 65,242.96 Maintenance & Operations Worker Sr. Maintenance & Operations Worker A13 $ 50,716.71 $ 53,252.55 $ 55,788.38 $ 58,324.22 $ 60,860.05 $ 62,925.14 $ 64,990.23 $ 67,055.32 $ 69,120.41 $ 71,185.49 Administrative Technician B21 $ 54,963.29 $ 57,711.46 $ 60,459.62 $ 63,207.79 $ 65,955.95 $ 68,194.10 $ 70,432.24 $ 72,670.38 $ 74,908.53 $ 77,146.67 Administrative Technician Code Compliance Officer Finance Technician B22 $ 59,197.15 $ 62,157.01 $ 65,116.87 $ 68,076.73 $ 71,036.58 $ 73,447.11 $ 75,857.63 $ 78,268.16 $ 80,678.68 $ 83,089.21 Human Resources Technician Permit Technician Traffic Signal Technician Building Inspector Community Services Specialist Construction Inspector Maintenance & Operations Technician B23 $ 63,431.02 $ 66,602.57 $ 69,774.12 $ 72,945.68 $ 76,117.23 $ 78,700.13 $ 81,283.03 $ 83,865.94 $ 86,448.84 $ 89,031.74 Sr. Code Compliance Officer Sr. Finance Technician Sr. Permit Technician Deputy City Clerk Jr. Accountant Maintenance & Operations Coordinator Maintenance & Operations Crew Leader B24 $ 69,267.41 $ 72,730.78 $ 76,194.15 $ 79,657.52 $ 83,120.89 $ 85,941.40 $ 88,761.92 $ 91,582.43 $ 94,402.94 $ 97,223.45 Marketing & Communications Specialist Sr. Building Inspector Sr. Community Services Specialist Accountant Executive Specialist B25 $ 76,449.32 $ 80,271.78 $ 84,094.25 $ 87,916.71 $ 91,739.18 $ 94,852.27 $ 97,965.36 $ 101,078.45 $ 104,191.54 $ 107,304.63 Plans Examiner Management Specialist B31 $ 69,267.411 $ 72,730.78 $ 7Q194.15 $ 79,657.52 $ 83,120.89 $ 85,941.40 $ 88,761.92 $ 91,582.43 $ 94,402.94 $ 97,223.45 832 $ 76,449.32 $ 80,72 1.78 $ 84,094.25 $ 87,916.71 $ 91,739.181 $ 94,852.271 $ 97,965.36 $ 101,078.45 $ 104,191.54 $ 107,304.63 FULL-TIME EMPLOYEES (ANNUAL) WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14 C41 $78,075.05 $81,328.43 $84,581.82 $87,835.21 $91,088.59 $94,338.08 $97,593.81 $100,424.03 $103,254.24 $106,084.46 $108,914.68 $111,744.90 $114,575.12 $117,405.33 Assistant Construction Manager Associate Planner Animal Control/Code Compliance Supervisor Deputy Building Official C42 $ 82,604.99 $ 86,047.14 $ 89,489.29 $ 92,931.44 $ 96,373.59 $ 99,811.61 $ 103,256.24 $ 106,250.66 $ 109,245.09 $ 112,239.52 $ 115,233.95 $ 118,228.38 $ 121,222.81 $ 124,217.24 Associate Planner Maintenance & Operations Superintendent Management Analyst Sr. Accountant C43 $ 87,134.91 $ 90,765.82 $ 94,396.73 $ 98,027.65 $ 101,658.56 $ 105,285.11 $ 108,918.64 $ 112,077.28 $ 115,235.92 $ 118,394.55 $ 121,553.19 $ 124,711.83 $ 127,870.47 $ 131,029.11 Associate Engineer Principal Management Analyst C44 $ 92,807.54 $ 96,674.83 $ 100,542.12 $ 104,409.41 $ 108,276.70 $ 112,139.35 $ 116,009.42 $ 119,373.69 $ 122,737.96 $ 126,102.23 $ 129,466.50 $ 132,830.77 $ 136,195.04 $ 139,559.31 Senior Planner Building Official Finance Manager Hub Manager D61 $ 105,281.87 $ 109,668.96 $ 114,056.06 $ 118,443.15 $ 122,830.25 $ 127,212.08 $ 131,602.33 $ 135,418.80 $ 139,235.26 $ 143,051.73 $ 146,868.19 $ 150,684.66 $ 154,501.12 $ 158,317.59 Human Resources Manager Marketing Manager Planning Manager Community Services Deputy Director Maintenance & Operations Deputy Director D63 $ 116,073.27 $ 120,910.04 $ 125,746.81 $ 130,583.58 $ 135,420.36 $ 140,251.33 $ 145,091.58 $ 149,299.24 $ 153,506.89 $ 157,714.55 $ 161,922.21 $ 166,129.86 $ 170,337.52 $ 174,545.17 Public Safety Deputy Director City Clerk Design & Development Director Director (Business Unit/Housing Development) E82 $ 139,814.72 $ 145,640.80 $ 151,466.88 $ 157,292.96 $ 163,119.04 $ 168,938.13 $ 174,768.40 $ 179,836.68 $ 184,904.96 $ 189,973.24 $ 195,041.52 $ 200,109.80 $ 205,178.08 $ 210,246.36 Finance Director/City Treasurer Public Works Director/City Engineer City Manager F101- $ 190,231.44F $ 198,158.38 $ 208,085.32 $ 214,012.27 $ 221,939.21 $ 229,856.64 $ 237,789.291 $ 244,685.181 $ 251,581.06 $ 258,476.951 $ 265,372.831 $ 272,268.72 $ 279,164.60 $ 286,060.48 Elected Official Positions III Ma or $2 800.00 Council Members $2,300.00 Boards and Commission Members Per Community Services Commission $75.00 Construction Appeals & Oversi ht Board $0.00 Financial Advisory Commission $75.00 Housing Commission $50.00 Planning Commission $100.00 City Council Approval Effective Date 06/20/2023 602 07/01/2023 CONSENT CALENDAR ITEM NO. 22 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MAY 26, JUNE 2, AND JUNE 9, 2023 RECOMMENDATION Approve demand registers dated May 26, June 2, and June 9, 2023. EXECUTIVE SUMMARY — None FISCAL IMPACT Demand of Cash: City Successor Agency of RDA Housing Authority BACKGROUND/ANALYSIS $ 10,468,354.12 $ 1,600.00 $ 34,114.77 $ 10,504,068.89 Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for May 26, June 2, and June 9, 2023. Warrants Issued: EFT 127-128 210998-211045 211046-211099 211100-211146 Wire Transfers Payroll Tax Transfers Payroll Direct Deposit $ 1,087.40 $ 3,032,051.76 $ 808,457.50 $ 570,681.53 $ 5,571,141.58 $ 89,373.71 $ 431,275.41 $ 10,504,068.89 603 The most significant expenditures on the demand registers are: Vendor Account Name Amount Purpose Riverside County Sheriff Various $2,505,510.96 Feb -Mar Police Service & FY22/23 Department Police Facilities Fee Urban Habitat Construction $289,666.18 Desert Pride, Marbella, & Sierra Del Rey Landscape Renovation Progress Payment California Commercial Construction $216,714.00 La Quinta Park Splash Pad Pools, Inc. (1) Renovation Progress Payments Ortiz Enterprises, Inc. Construction $212,543.50 Dune Palms Bridge Progress Payment Visit Greater Palm TBIS Due to $176,486.57 FY22/23 Q3 STVR TBID Springs VGPS Collections (1) Payments were made 5/26/23 & 6/9/23 Wire Transfers: Twenty transfers totaled $5,571,142. Of this amount, 5 million was to the Bank of New York Mellon for investment purchases, and $239,314 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 YTM Purchase Bankers Bank CD $ 248,000 5/24/2023 4.150% 4.150% Purchase US Alliance FCU CD $ 248,000 5/26/2023 4.550% 4.550% Purchase Technology Credit Union CD $ 248,000 5/30/2023 5.000% 5.000% Maturity United States Treasury Treasury $ 4,000,000 5/31/2023 1.625% 4.515% Maturity United States Treasury Treasury $ 1,000,000 5/31/2023 0.125% 0.432% Purchase United States Treasury Treasury $ 4,000,000 5/31/2023 0.000% 5.403% Purchase United States Treasury Treasury $ 1,000,000 5/31/2023 3.625% 3.852% Purchase United States Treasury Treasury $ 1,000,000 5/31/2023 3.500% 3.837% Maturity Pittsfield Co -Op Bank CD $ 2459000 6/7/2023 2.500% 2.500% Purchase Federal Farm Credit Bank Agency $ 1,000,000 6/8/2023 3.875% 3.915% Purchase Chartway FCU CD $ 248,000 6/9/2023 4.900% 4.900% Prepared by: Jesse Batres, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers 2. Wire Transfers 604 /_1iEXIIIIII:IIT, I4kik5il Demand Register City of La Quinta Packet: APPKT03480 - 05/26/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101-GENERAL FUND CHARTER COMMUNICATIONS- 211006 05/05-06/04/23 - FS #32 CABLE/INTERN... Cable/Internet - Utilities 101-2002-61400 10.52 DATA TICKET, INC. 211012 04/2023 - RCDAS HEARING Administrative Citation Servi... 101-6004-60111 500.00 SOUTHWEST AQUATICS INC 211033 05/2023 - LAKE MAINTENANCE SERVICE Civic Center Lake Maintenan... 101-3005-60117 1,350.00 SOUTHWEST AQUATICS INC 211033 05/2023 - LAKE MAINTENANCE SERVICE SilverRock Lake Maintenance 101-3005-60189 1,350.00 CHARTER COMMUNICATIONS- 211006 05/03-06/02/23 - FS #93 INTERNET (351... Cable/Internet - Utilities 101-2002-61400 99.99 DATA TICKET, INC. 211012 04/2023 - CODE CITATION PROCESSING Administrative Citation Servi... 101-6004-60111 1,059.80 DATA TICKET, INC. 211012 04/2023 - POLICE CITATION PROCESSING Administrative Citation Servi... 101-6004-60111 341.50 SPARKLETTS 211035 4/19/23 & 5/3/23 - CITYWIDE DRINKING... Citywide Supplies 101-1007-60403 212.33 JOE A GONSALVES & SON 211020 06/2023 - LOBBYIST SERVICES Contract Services - Administr... 101-1002-60101 3,500.00 HR GREEN PACIFIC INC 211019 03/2023 - ONCALL PLAN CHECK SVCS E... Map/Plan Checking 101-7002-60183 8,289.50 HR GREEN PACIFIC INC 211019 04/2023 - ONCALL PLAN CHECK SVCS E... Map/Plan Checking 101-7002-60183 252.00 TPX COMMUNICATIONS 211039 04/23-05/22/23 - EOC PHONE LINE SVC Telephone - Utilities 101-2002-61300 1,794.76 ANDERSON COMMUNICATI... 210999 05/01/23 - ANNUAL REPEATER SVC FOR ... Mobile/Cell Phones/Satellites 101-2002-61304 648.00 VINTAGE ASSOCIATES 211043 05/2023 - PARK MAINTENACE Landscape Contract 101-3005-60112 60,804.00 QUALITY STREET SERVICE 211028 05/03/23 - EMERGENCY STREET CLEANI... Professional Services 101-7003-60103 1,380.00 QUALITY STREET SERVICE 211028 05/04/23 - EMERGENCY STREET CLEANI... Professional Services 101-7003-60103 1,565.00 VAN DERMYDEN MAKUS LA... 211041 05/13/23 - WORKPLACE CLIMATE ASSES... Professional Services 101-1004-60103 2,042.50 ODP BUSINESS SOLUTIONS, L... 211025 05/03/23 - STANDING MATS J.BATRES/D... Office Supplies 101-1006-60400 100.42 DESERT RECREATION DISTRI... 211016 04/2023 - FB POOL OPERATIONS & PRO... Fritz Burns Pool Programming 101-3003-60184 4,407.56 STAPLES ADVANTAGE 211037 05/11/23 - CITYWIDE PRINTING PAPER Forms, Copier Paper 101-1007-60402 503.66 STAPLES ADVANTAGE 211037 05/13/23 - OFFICE SUPPLIES Office Supplies 101-1005-60400 39.66 STAPLES ADVANTAGE 211037 05/13/23 -THERMAL LAMINATING POU... Office Supplies 101-7001-60400 32.61 BIO-TOX LABORATORIES 211001 03/27/23 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 289.25 BIO-TOX LABORATORIES 211001 03/27/23 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 1,601.53 RASA/ERIC NELSON 211029 05/13/23 - LAD 2023-0002 ONCALL MAP.. Map/Plan Checking 101-7002-60183 350.00 RASA/ERIC NELSON 211029 05/13/23 - FPM 2023-0001 ONCALL MA... Map/Plan Checking 101-7002-60183 2,110.00 AMERICAN FORENSIC NURSE... 210998 04/19/23 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 133.70 CALIFORNIA DESERT NURSER... 211003 01/13/23 - PLANTS FOR ADAMS PARK Materials/Supplies 101-3005-60431 542.87 CALIFORNIA DESERT NURSER... 211003 05/09/23 - PLANTS FOR CALLE NUESTRA Materials/Supplies 101-3005-60431 463.21 PWLC II, INC 211027 05/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,510.00 MOYA, DANIEL 211024 05/23/23 - WEED ABATEMENT LOT CLE... Lot Cleaning/Gravel Program 101-6004-60120 500.00 COACHELLA VALLEY CONSER... 211009 04/2023 - MSHCP FEES MSHCP Mitigation Fee 101-0000-20310 32,445.00 COACHELLA VALLEY CONSER... 211009 04/2023 - MSHCP FEES CVMSHCP Admin Fee 101-0000-43631 -324.45 PETRA-1, LP 211026 05/08/23 - GYM WIPES (4 CASES) Operating Supplies 101-3002-60420 671.26 SUNLINE TRANSIT AGENCY 211038 03/2023 - SUNLINE PASSES Due to SunLine 101-0000-20305 84.00 SUNLINE TRANSIT AGENCY 211038 03/2023 - SUNLINE PASSES Miscellaneous Revenue 101-0000-42301 -3.50 ARMENDARIZ, DERRICK 211000 1/10-04/25/23 -TUITION REIMBURSEM... Training & Education/MOU 101-1004-60322 2,472.40 VISIT GREATER PALM SPRINGS 211044 Q3 FY 22/23 STVR TBID COLLETIONS TBID Due to VGPS 101-0000-20303 185,775.33 CAMILLE BARBER 211004 05/08/23 - CITATION DISMISSAL LQ200... Administrative Citations 101-0000-42700 3,100.00 DENNIS SADORRA 211013 05/18/23 - CITATION DISMISSAL LQ200... Administrative Citations 101-0000-42700 100.00 JOHN WIRFS & CYNTHIA L. P... 211021 05/03/23 - CITATION DISMISSAL LQP16... Parking Violations 101-0000-42706 50.00 VISIT GREATER PALM SPRINGS 211044 Q3 FY 22/23 STVR TBID COLLETIONS VGPS TBID Admin Fee 101-0000-43635 -9,288.76 SANCHEZ, STEVE 211031 4/12-4/14/23 -LCC LEADERS SUMMIT RE... Travel & Training 101-1001-60320 238.90 DELGADO, JESSICA 127 FY 22/23 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 HALLICK, ROSEMARY 128 04/25-04/28/23 - CMTA CONFERENCE R... Travel & Training 101-1006-60320 887.40 COUNTY OF RIVERSIDE PUBIL 211010 04/2023 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 310.68 DESERT HEART RHYTHM CO... 211015 10/02/22 - REFUND OF BUSINESS LICEN... Over Payments, AR Policy 101-0000-20330 32.40 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Sheriff Patrol 101-2001-60161 599,190.15 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Police Overtime 101-2001-60162 32,586.07 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Target Team 101-2001-60163 157,171.45 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Community Services Officer 101-2001-60164 59,159.24 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Gang Task Force 101-2001-60166 16,132.80 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Narcotics Task Force 101-2001-60167 16,132.80 6/12/2023 7:04:33 PM Page 1 of 5 605 Demand Register Packet: APPKT03480 - 05/26/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Motor Officer 101-2001-60169 117,151.35 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Dedicated Sargeants 101-2001-60170 43,664.00 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Dedicated Lieutenant 101-2001-60171 25,091.20 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Sheriff - Mileage 101-2001-60172 27,196.86 RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE Special Enforcement Funds 101-2001-60175 3,132.93 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Sheriff Patrol 101-2001-60161 586,199.77 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Police Overtime 101-2001-60162 30,421.55 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Target Team 101-2001-60163 157,524.05 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Community Services Officer 101-2001-60164 58,005.92 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Gang Task Force 101-2001-60166 16,132.80 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Narcotics Task Force 101-2001-60167 16,132.80 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Motor Officer 101-2001-60169 111,421.60 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Dedicated Sargeants 101-2001-60170 39,570.50 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Dedicated Lieutenant 101-2001-60171 25,091.20 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Sheriff - Mileage 101-2001-60172 26,826.83 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE Special Enforcement Funds 101-2001-60175 2,416.44 RIVERSIDE COUNTY SHERIFF ... 211030 07/1/22-6/30/23 - POLICE FACILITIES FEE Sheriff - Other 101-2001-60176 325,386.11 Fund 101- GENERAL FUND Total: 2,806,273.45 Fund: 201 - GAS TAX FUND WHITE CAP CONSTRUCTION ... 211045 05/03/23 - MATERIALS FOR STREETS Materials/Supplies 201-7003-60431 551.96 Fund 201- GAS TAX FUND Total: 551.96 Fund: 202 - LIBRARY & MUSEUM FUND VINTAGE ASSOCIATES 211043 05/2023 - PARK MAINTENACE Landscape Contract 202-3004-60112 869.00 VINTAGE ASSOCIATES 211043 05/2023 - PARK MAINTENACE Landscape Contract 202-3006-60112 181.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 1,050.00 Fund: 212 - SLESA (COPS) FUND RIVERSIDE COUNTY SHERIFF ... 211030 02/09-03/08/23 - BP #9 POLICE SERVICE COPS Burglary/Theft Prevent... 212-0000-60179 6,169.78 RIVERSIDE COUNTY SHERIFF ... 211030 03/09-04/05/23 - BP #10 POLICE SERVICE COPS Burglary/Theft Prevent... 212-0000-60179 7,602.76 Fund 212 - SLESA (COPS) FUND Total: 13,772.54 Fund: 215 - LIGHTING & LANDSCAPING FUND LANDMARK GOLF MANAGE... 211022 03/2023 - SRR PERIMETER LANDSCAPE ... SilverRock Way Landscape 215-7004-60143 5,528.00 LANDMARK GOLF MANAGE... 211022 04/2023 - SRR PERIMETER LANDSCAPE ... SilverRock Way Landscape 215-7004-60143 5,278.00 TRI-STATE MATERIALS INC 211040 05/03/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 2,205.47 TRI-STATE MATERIALS INC 211040 05/11/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 491.01 TRI-STATE MATERIALS INC 211040 05/11/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 613.76 TRI-STATE MATERIALS INC 211040 05/16/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 2,212.61 SPARKLETTS 211034 4/19/23 & 5/03/23 - DRINKING WATER Operating Supplies 215-7004-60420 474.94 VINTAGE ASSOCIATES 211043 05/2023 - PARK MAINTENACE Landscape Contract 215-7004-60112 11,331.00 CREATIVE LIGHTING & ELECT... 211011 05/2023 - LIGHTING MAINTENANCE SER... Consultants 215-7004-60104 6,063.92 SMITH PIPE & SUPPLY CO 211032 05/01/23 - IRRIGATION PARTS Materials/Supplies 215-7004-60431 83.77 SMITH PIPE & SUPPLY CO 211032 05/10/23 - IRRIGATION PARTS Materials/Supplies 215-7004-60431 521.46 CALIFORNIA DESERT NURSER... 211003 05/09/23 - PLANTS FOR CALLE NUESTRA Materials/Supplies 215-7004-60431 155.16 MACIAS NURSERY, INC. 211023 05/09/23 - PLANTS Materials/Supplies 215-7004-60431 815.62 MACIAS NURSERY, INC. 211023 05/10/23 - PLANTS Materials/Supplies 215-7004-60431 498.07 PWLC II, INC 211027 05/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 58,574.00 PWLC II, INC 211027 05/8/23 - PLANT REPLACEMENT AT NUE... Maintenance/Services 215-7004-60691 1,216.00 PWLC II, INC 211027 05/12/23 - PLANT REMOVAL AT LA FON... Maintenance/Services 215-7004-60691 1,520.00 PWLC II, INC 211027 05/10/23 - PLANT REPLACEMENT FOR C... Maintenance/Services 215-7004-60691 1,520.00 FRONTIER COMMUNICATIO... 211018 05/07-06/06/23 - PHONE SVC Electric - Utilities 215-7004-61116 143.21 FRONTIER COMMUNICATIO... 211018 05/10-06/09/23 - PHONE SVC Electric - Utilities 215-7004-61116 55.40 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 99,301.40 Fund: 224 - TUMF FUND COACHELLA VALLEY ASSOC 0... 211008 04/2023 -TUMF FEES TUMF Payable to CVAG 224-0000-20320 58,650.00 Fund 224 - TUMF FUND Total: 58,650.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS ST. FRANCIS ELECTRIC, LLC 211036 04/2023 - ONCALL TRAFFIC SIGNAL MAI... Construction 401-0000-60188 2,908.00 DESERT CONCEPTS CONSTR... 211014 4/18/23 - BLACKHAWK WAY CROSSING ... Retention Payable 401-0000-20600 9,026.90 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 11,934.90 6/12/2023 7:04:33 PM .1. Page 2 of 5 Demand Register Packet: APPKT03480 - 05/26/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 501- FACILITY & FLEET REPLACEMENT ENVIRONMENTAL LOGISTICS,.. 211017 04/07/23 - HAZARDOUS WASTE DISPOS... HAZMAT Containment and Di.. 501-0000-60677 CHEVROLET CADILLAC 211007 05/04/23 - 2022 SILVERADO MAINTENA... Vehicle Repair & Maintenan... 501-0000-60676 Fund 501- FACILITY & FLEET REPLACEMENT Total: Fund: 502 - INFORMATION TECHNOLOGY TPX COMMUNICATIONS 211039 ANDERSON COMMUNICATI... 210999 ANDERSON COMMUNICATI... 210999 CANON FINANCIAL SERVICES,.. 211005 CANON FINANCIAL SERVICES,.. 211005 VERIZON WIRELESS 211042 FRONTIER COMMUNICATIO... 211018 Fund: 503 - PARK EQUIP & FACILITY FUND CALIFORNIA COMMERCIAL P... 211002 CALIFORNIA COMMERCIAL P... 211002 04/23-05/22/23 - PHONE LINE SVC Telephone - Utilities 502-0000-61300 05/01/23 - ANNUAL REPEATER SVC FOR... Cell/Mobile Phones 502-0000-61301 05/01/23 - ANNUAL REPEATER SVC FOR ... Cell/Mobile Phones 502-0000-61301 04/2023 CITY PRINTER 03/2023 METER ... Copiers 502-0000-60662 05/2023 CITY PRINTER 04/2023 METER ... Copiers 502-0000-60662 04/02-05/01/23 -BACKUP SERVER (2183) Cable/Internet - Utilities 502-0000-61400 05/04-06/03/23 - DSL SVC Cable/Internet - Utilities 502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total: 1,302.00 106.29 1,408.29 3,788.06 810.00 324.00 3,007.95 2,698.73 66.17 422.21 11,117.12 4/2023 LQ PARK SPLASH PAD RENOVAT... Retention Payable 503-0000-20600-1,530.50 4/2023 LQ PARK SPLASH PAD RENOVAT... Parks 503-0000-71060 30,610.00 Fund 503 - PARK EQUIP & FACILITY FUND Total: 29,079.50 Grand Total: 3,033,139.16 6/12/2023 7:04:33 PM Page 3 of 5 607 Demand Register Packet: APPKT03480 - 05/26/2023 JB Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 212 - SLESA (COPS) FUND 215 - LIGHTING & LANDSCAPING FUND 224-TUMFFUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FUND Account Number 101-0000-20303 101-0000-20305 101-0000-20310 101-0000-20330 101-0000-42301 101-0000-42700 101-0000-42706 101-0000-43631 101-0000-43635 101-1001-60320 101-1002-60101 101-1004-50252 101-1004-60103 101-1004-60322 101-1005-60400 101-1006-60320 101-1006-60400 101-1007-60402 101-1007-60403 101-2001-60161 101-2001-60162 101-2001-60163 101-2001-60164 101-2001-60166 101-2001-60167 101-2001-60169 101-2001-60170 101-2001-60171 101-2001-60172 101-2001-60174 101-2001-60175 101-2001-60176 101-2001-60420 101-2002-60112 101-2002-61300 101-2002-61304 101-2002-61400 101-3002-60420 101-3003-60184 101-3005-60112 101-3005-60117 101-3005-60189 101-3005-60431 101-6004-60111 101-6004-60120 Grand Total: Account Summary Account Name TBID Due to VGPS Due to SunLine MSHCP Mitigation Fee Over Payments, AR Policy Miscellaneous Revenue Administrative Citations Parking Violations CVMSHCP Admin Fee VGPS TBID Admin Fee Travel & Training Contract Services - Admi... Annual Wellness Dollar ... Professional Services Training & Education/M... Office Supplies Travel & Training Office Supplies Forms, Copier Paper Citywide Supplies Sheriff Patrol Police Overtime Target Team Community Services Offi... Gang Task Force Narcotics Task Force Motor Officer Dedicated Sargeants Dedicated Lieutenant Sheriff - Mileage Blood/Alcohol Testing Special Enforcement Fu... Sheriff - Other Operating Supplies Landscape Contract Telephone - Utilities Mobile/Cell Phones/Sate... Cable/Internet - Utilities Operating Supplies Fritz Burns Pool Progra... Landscape Contract Civic Center Lake Maint... SilverRock Lake Mainten... Materials/Supplies Administrative Citation ... Lot Cleaning/Gravel Prog... Expense Amount 2,806,273.45 551.96 1,050.00 13,772.54 99,301.40 58,650.00 11,934.90 1,408.29 11,117.12 29,079.50 3,033,139.16 Expense Amount 185,775.33 84.00 32,445.00 32.40 -3.50 3,200.00 50.00 -324.45 -9,288.76 238.90 3,500.00 200.00 2,042.50 2,472.40 39.66 887.40 100.42 503.66 212.33 1,185,389.92 63,007.62 314,695.50 117,165.16 32,265.60 32,265.60 228,572.95 83,234.50 50,182.40 54,023.69 2,024.48 5,549.37 325,386.11 310.68 1,510.00 1,794.76 648.00 110.51 671.26 4,407.56 60,804.00 1,350.00 1,350.00 1,006.08 1,901.30 500.00 6/12/2023 7:04:33 PM 02 Page 4 of 5 Demand Register Packet: APPKT03480 - 05/26/2023 JB Account Summary Account Number Account Name Expense Amount 101-7001-60400 Office Supplies 32.61 101-7002-60183 Map/Plan Checking 11,001.50 101-7003-60103 Professional Services 2,945.00 201-7003-60431 Materials/Supplies 551.96 202-3004-60112 Landscape Contract 869.00 202-3006-60112 Landscape Contract 181.00 212-0000-60179 COPS Burglary/Theft Pre... 13,772.54 215-7004-60104 Consultants 6,063.92 215-7004-60112 Landscape Contract 69,905.00 215-7004-60143 SilverRock Way Landsca... 10,806.00 215-7004-60420 Operating Supplies 474.94 215-7004-60431 Materials/Supplies 7,596.93 215-7004-60691 Maintenance/Services 4,256.00 215-7004-61116 Electric - Utilities 198.61 224-0000-20320 TUMF Payable to CVAG 58,650.00 401-0000-20600 Retention Payable 9,026.90 401-0000-60188 Construction 2,908.00 501-0000-60676 Vehicle Repair & Maint... 106.29 501-0000-60677 HAZMAT Containment a... 1,302.00 502-0000-60662 Copiers 5,706.68 502-0000-61300 Telephone - Utilities 3,788.06 502-0000-61301 Cell/Mobile Phones 1,134.00 502-0000-61400 Cable/Internet - Utilities 488.38 503-0000-20600 Retention Payable -1,530.50 503-0000-71060 Parks 30,610.00 Grand Total: 3,033,139.16 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 2,980,413.85 201804E Landscape & Lighting Median Islan... Landscape & Lighting Median Islz 11,710.91 202219E La Quinta Splash Pad Renovation La Quinta Splash Pad Renovation 30,610.00 202219RP Retention Payable La Quinta Splash Pad Renovation -1,530.50 202222RP Retetion Payable Blackhawk Way School Crossing 9,026.90 2223TMICT Construction Expense FY22/23 Traffic Maintenance Imf 2,908.00 Grand Total: 3,033,139.16 *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. 6/12/2023 7:04:33 PM .1• Page 5 of 5 Demand Register City of La Quinta Packet: APPKT03486 - 06/02/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND UNITED WAY OF THE DESERT 211093 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 DESERT SUN PUBLISHING, LLC 211063 03/10-03/17/23 - SURPLUS SALE AD Advertising 101-1006-60450 158.40 DESERT SUN PUBLISHING, LLC 211063 03/23/23 - PUBLIC SAFETY CAMERA SYS... Professional Services 101-2001-60103 441.00 DESERT SUN PUBLISHING, LLC 211063 03/17/23 -TROUTDALE RESIDENCES PC ... Advertising 101-6002-60450 441.00 DESERT SUN PUBLISHING, LLC 211063 03/03/23 -TROUTDALE RESIDENCES NOI Advertising 101-6002-60450 441.00 DESERT SUN PUBLISHING, LLC 211063 03/31/23 - VILLAGE HOSPITALITY HOME... Advertising 101-6002-60450 441.00 CHARTER COMMUNICATIONS- 211054 05/16-06/15/23 - FS #70 CABLE (1860) Cable/Internet - Utilities 101-2002-61400 41.76 WILLDAN 211098 04/2023 - ONCALL TRAFFIC ENGINEERI... Contract Traffic Engineer 101-7006-60144 13,422.50 CHARTER COMMUNICATIONS- 211054 05/16-06/15/23 - FS #32 CABLE (8152) Cable/Internet - Utilities 101-2002-61400 94.55 PALMS TO PINES PRINTING 211080 05/26/23 - WOOD NAME TAGS Promotional Items 101-3007-60134 38.84 ALARM MONITORING SERVI... 211047 04/18/23 - CH ALARM SENSOR MAINTE... Security & Alarm 101-3008-60123 102.23 ALARM MONITORING SERVI... 211047 05/15/23 - CH ALARM MAINTENANCE Security & Alarm 101-3008-60123 326.25 GARDAWORLD 211070 05/2023 - ARMORED SERVICE Professional Services 101-1006-60103 285.69 MICHAEL BAKER INTERNATI... 211075 03/2023 - SRR PHASE II INFRASTRUCTU... Consultants 101-7006-60104 17,285.66 BLOWNAWAY BY WILLIAM 211053 05/23/23 - FB PARK MONUMENT MAIN... Maintenance/Services 101-3005-60691 2,400.00 QUICK N EASY APPLIANCE SE... 211082 05/16/23 - FS #93 REFRIGERATOR REPAIR Maintenance/Services 101-2002-60691 605.00 DESERT SANDS UNIFIED SCH... 211062 02/09-04/05/23 BP# 9&10 BSCHOOL RE... School Officer 101-2001-60168 35,337.26 XPRESS GRAPHICS 211099 05/23/23 - LQ FALSE ALARM POSTCARDS.. LQ Police Volunteers 101-2001-60109 237.24 ODP BUSINESS SOLUTIONS, L... 211077 04/19/23 - CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 88.77 ODP BUSINESS SOLUTIONS, L... 211077 05/17/23 - BUDGET BINDERS/OFFICE SU... Office Supplies 101-1006-60400 57.19 ODP BUSINESS SOLUTIONS, L... 211077 05/18/23 - CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 88.77 STAPLES ADVANTAGE 211087 05/20/23 - WIRELESS MOUSE Office Supplies 101-3005-60400 43.49 STAPLES ADVANTAGE 211087 05/27/23 - FATMAX TAPES (3) Operating Supplies 101-7006-60420 106.00 COMMUNITY ALL-STARS, LLC 211056 FY 23/24 HIGH SCHOOL SPORTS SPONS... Prepaid Expense 101-0000-13600 1,975.00 ROBERT HALF 211085 03/24/23 - TEMP AGENCY SERVICES A.... Temporary Agency Services 101-6006-60125 1,575.00 ROBERT HALF 211085 05/12/23 - TEMP AGENCY SERVICES A.... Temporary Agency Services 101-6006-60125 1,575.00 ROBERT HALF 211085 05/19/23 - TEMP AGENCY SERVICES A.... Temporary Agency Services 101-6006-60125 1,575.00 DEPARTMENT OF JUSTICE 211060 04/2023 - ALCOHOL/BLOOD ANALYSIS Blood/Alcohol Testing 101-2001-60174 140.00 TRULY NOLEN INC 211092 02/09/23 - FB POOL RODENT CONTROL ... Pest Control 101-3008-60116 250.00 DAIOHS FIRST CHOICE SERVI... 211057 05/18/23 - COFFEE LOBBY MACHINE SU... Citywide Supplies 101-1007-60403 340.20 AMERICAN FORENSIC NURSE... 211049 05/03/23 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 66.85 AMERICAN FORENSIC NURSE... 211049 05/08/23 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 133.70 FEDEX 211066 05/09/23 - OVERNIGHT MAIL Postage 101-1007-60470 10.15 FEDEX 211066 05/16/23 - OVERNIGHT MAIL Postage 101-1007-60470 13.85 ESGIL CORPORATION 211065 02/2023 - ONCALL PLAN REVIEW SERVIC... Plan Checks 101-6003-60118 5,512.50 DAIOHS FIRST CHOICE SERVI... 211057 05/17/23 - LOBBY COFFEE MACHINE SU... Citywide Supplies 101-1007-60403 284.89 ESGIL CORPORATION 211065 03/2023 - ONCALL PLAN REVIEW SERIVCE Plan Checks 101-6003-60118 1,575.00 ESGIL CORPORATION 211065 04/2023 - ONCALL PLAN REVIEW SERVICE Plan Checks 101-6003-60118 577.50 RIVERSIDE ASSESSOR 211083 04/2023 - RECORDING FEES Technical 101-6004-60108 20.00 HOME DEPOT CREDIT SERVIC... 211073 04/26/23 - LIGHT BULBS FOR FS #32 Fire Station 101-2002-60670 76.33 HOME DEPOT CREDIT SERVIC... 211073 04/17/23 - SPRAY PAINT FOR FS #32 Fire Station 101-2002-60670 48.04 HOME DEPOT CREDIT SERVIC... 211073 03/30/23 - PAINTING SUPPLIES Materials/Supplies 101-3008-60431 265.58 HOME DEPOT CREDIT SERVIC... 211073 04/12/23 - INTERIOR DOOR & LIGHT BU... Materials/Supplies 101-3008-60431 268.63 HOME DEPOT CREDIT SERVIC... 211073 04/17/23 - CONCRETE ANCHORS & HAR... Materials/Supplies 101-3008-60431 65.22 HOME DEPOT CREDIT SERVIC... 211073 03/28/23 - CONCRETE ANCHORS FOR CH Materials/Supplies 101-3008-60431 15.17 HOME DEPOT CREDIT SERVIC... 211073 04/18/23 - RESTROOM SIGN & SPRAY PA.. Materials/Supplies 101-3008-60431 32.01 HOME DEPOT CREDIT SERVIC... 211073 04/27/23 - DOUBLE BOLT SNAPS (4) Materials/Supplies 101-3008-60431 19.04 HOME DEPOT CREDIT SERVIC... 211073 04/18/23 - DRILL BIT SET & SCREW EXT... Tools/Equipment 101-3008-60432 74.47 HOME DEPOT CREDIT SERVIC... 211073 04/25/23 - UTILITY CART Tools/Equipment 101-3008-60432 162.04 HOME DEPOT CREDIT SERVIC... 211073 04/21/23 - SOCKET SETS & JIGSAW BLA... Tools/Equipment 101-3008-60432 59.01 HOME DEPOT CREDIT SERVIC... 211073 04/05/23 - HARDWARE Operating Supplies 101-7003-60420 342.86 HOME DEPOT CREDIT SERVIC... 211073 04/04/23 - TARPS & GLOVES Operating Supplies 101-7003-60420 139.00 HOME DEPOT CREDIT SERVIC... 211073 03/28/23 - SPRING LINKS & WATER HOS... Operating Supplies 101-7003-60420 147.35 6/12/2023 7:03:00 PM Page 1 of 5 610 Demand Register Packet: APPKT03486 - 06/02/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount HOME DEPOT CREDIT SERVIC... 211073 03/31/23 - PAINT & PAINT SUPPLIES Operating Supplies 101-7003-60420 48.45 HOME DEPOT CREDIT SERVIC... 211073 04/19/23 - WIRE ROPE THIMBLES Operating Supplies 101-7003-60420 17.66 HOME DEPOT CREDIT SERVIC... 211073 04/21/23 -TURNBUCKLES & WASHERS/... Operating Supplies 101-7003-60420 29.15 HOME DEPOT CREDIT SERVIC... 211073 04/19/23 - WIRE ROPE, BLADES, HARD... Operating Supplies 101-7003-60420 224.17 HOME DEPOT CREDIT SERVIC... 211073 03/28/23 - CLEANING SUPPLIES Operating Supplies 101-7003-60420 48.85 HOME DEPOT CREDIT SERVIC... 211073 04/19/23 - WIRE ROPE & CONCRETE AN... Operating Supplies 101-7003-60420 145.30 HOME DEPOT CREDIT SERVIC... 211073 04/17/23 - SMALL TOOLS Tools/Equipment 101-7003-60432 114.02 HOME DEPOT CREDIT SERVIC... 211073 03/30/23 - BLOWER TOOL Tools/Equipment 101-7003-60432 194.66 HOME DEPOT CREDIT SERVIC... 211073 04/27/23 - GREASE GUN & GREASE CAR... Tools/Equipment 101-7003-60432 74.52 HOME DEPOT CREDIT SERVIC... 211073 04/26/26-TAPE MEASURE Tools/Equipment 101-7003-60432 26.07 HOME DEPOT CREDIT SERVIC... 211073 03/30/23 - IMPACT DRIVER POWER TOO... Tools/Equipment 101-7003-60432 183.79 SUNLINE TRANSIT AGENCY 211088 FY 23/24 BUS WRAP SPONSORSHIP Prepaid Expense 101-0000-13600 6,500.00 GOVOS, INC. 211071 06/2023 STVR PERMITTING SOFTWARE Professional Services 101-1005-60103 3,820.00 DISH NETWORK 211064 05/22-06/21/23 - EOC CABLE Cable/Internet - Utilities 101-2002-61400 100.70 DEPARTMENT OF CONSERVA... 211059 07/01-09/30/22 - SEISMC HAZARD MAP... SMIP Fees Payable 101-0000-20308 2,925.11 DEPARTMENT OF CONSERVA... 211059 07/01-09/30/22 - SEISMC HAZARD MAP... SMIP Fees 101-0000-42610 -146.27 TELLEZ, BENJAMIN 211090 FY 22/23 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 FOSTER, ROCIO 211068 05/19/23 - FOOD FOR DUI CHECKPOINT ... LQ Police Volunteers 101-2001-60109 196.96 TECHNOGYM USA CORP 211089 05/04/23 - WC FITNESS FOAM ROLLER Operating Supplies 101-3002-60420 59.70 TECHNOGYM USA CORP 211089 05/26/23 - WC POSTERIOR FITNESS EQU... Operating Supplies 101-3002-60420 3,096.79 RUBIO'S FRESH MEXICAN GRI... 211086 05/30/23 - BUSINESS LICENSE REFUND L... Over Payments, AR Policy 101-0000-20330 250.00 230-CIRCLE K STORES, INC. 211046 05/30/23 - BUSINESS LICENSE REFUND L... Over Payments, AR Policy 101-0000-20330 51.00 ROADPOST USA INC. 211084 05/23-06/22/23 - EOC SATELLITE PHON... Mobile/Cell Phones/Satellites 101-2002-61304 200.85 HDL COREN & CONE 211072 04/01-06/30/23 - PROPERTY TAX CONT... Consultants 101-1006-60104 5,174.35 Fund 101- GENERAL FUND Total: 113,395.82 Fund: 201- GAS TAX FUND HOME DEPOT CREDIT SERVIC... 211073 04/06/23 - EMT CONDUIT & BLACK STEE... Materials/Supplies 201-7003-60431 92.52 HOME DEPOT CREDIT SERVIC... 211073 04/20/23 - EPDXY ADHESIVE CARTRIDGE Materials/Supplies 201-7003-60431 164.61 HOME DEPOT CREDIT SERVIC... 211073 04/10/23 - RETAINING WALL BLOCKS Materials/Supplies 201-7003-60431 376.93 HOME DEPOT CREDIT SERVIC... 211073 03/30/23 - RETAINING WALL BLOCKS Materials/Supplies 201-7003-60431 376.93 HOME DEPOT CREDIT SERVIC... 211073 03/30/23 - PALLET DEPOSIT REFUND Materials/Supplies 201-7003-60431 -54.38 HOME DEPOT CREDIT SERVIC... 211073 04/11/23 - CONCRETE BLOCKS Materials/Supplies 201-7003-60431 25.58 HOME DEPOT CREDIT SERVIC... 211073 03/28/23 - RETAINING WALL BLOCKS Materials/Supplies 201-7003-60431 376.93 HOME DEPOT CREDIT SERVIC... 211073 04/04/23 - EMT CONDUIT & HARDWARE Materials/Supplies 201-7003-60431 171.68 HOME DEPOT CREDIT SERVIC... 211073 03/30/23 - RETAINING WALL BLOCK Materials/Supplies 201-7003-60431 4.98 Fund 201 - GAS TAX FUND Total: 1,535.78 Fund: 202 - LIBRARY & MUSEUM FUND USA DRAIN AND PLUMBING... 211096 05/10/23 - MUSEUM TOILET REPAIR Maintenance/Services 202-3006-60691 892.00 FRONTIER COMMUNICATIO... 211069 05/13-06/12/23 - MUSEUM PHONE Telephone - Utilities 202-3006-61300 123.75 Fund 202 - LIBRARY & MUSEUM FUND Total: 1,015.75 Fund: 215 - LIGHTING & LANDSCAPING FUND TRI-STATE MATERIALS INC 211091 05/05/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 21,991.03 TRI-STATE MATERIALS INC 211091 05/18/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 491.01 TRI-STATE MATERIALS INC 211091 05/18/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 491.01 TRI-STATE MATERIALS INC 211091 05/16/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 2,240.25 STAPLES ADVANTAGE 211087 05/20/23 - COFFEE K-CUPS Operating Supplies 215-7004-60420 74.98 STAPLES ADVANTAGE 211087 05/25/23 - COFFEE K-CUPS AND GLOVES Operating Supplies 215-7004-60420 79.19 PWLC II, INC 211081 05/15/23 - PLANT REMOVAL AT CALLE L... Maintenance/Services 215-7004-60691 1,216.00 PWLC II, INC 211081 05/16/23 - PLANT REPLACEMENT AT CA... Maintenance/Services 215-7004-60691 1,216.00 PWLC II, INC 211081 05/19/23 - PLANT REPLACEMENT AT W... Maintenance/Services 215-7004-60691 1,216.00 HOME DEPOT CREDIT SERVIC... 211073 04/17/23 - PAD LOCKS Materials/Supplies 215-7004-60431 19.55 HOME DEPOT CREDIT SERVIC... 211073 04/13/23 - MARKING SPRAY PAINT Materials/Supplies 215-7004-60431 91.33 DESERT ELECTRIC SUPPLY 211061 03/22/23 - ELECTRICAL FUSE Materials/Supplies 215-7004-60431 216.03 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 29,342.38 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN US BANK 211095 04/01/23-03/01/24 - 2021 BOND TRUST... Prepaid Expense 237-0000-13600 1,600.00 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 1,600.00 6/12/2023 7:03:00 PM Page 2 of 5 611 Demand Register Packet: APPKT03486 - 06/02/2023 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 270 - ART IN PUBLIC PLACES FUND BEST SIGNS INC 211052 05/15/23 - LQ HARMONY SIGNAGE Operating Supplies 270-0000-60482 992.44 Fund 270 - ART IN PUBLIC PLACES FUND Total: 992.44 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS AMERICAN BUSINESS BANK 211048 02/2023 DUNE PALMS ROAD BRIDGE RE... Retention Payable 401-0000-20600 65,242.00 AMERICAN BUSINESS BANK 211048 03/2023 DUNE PALMS ROAD BRIDGE RE... Retention Payable 401-0000-20600 49,443.65 ORTIZ ENTERPRISES INC. 211078 04/2023 - DUNE PALMS BRIDGE PROGR... Retention Payable 401-0000-20600 -11,186.50 ORTIZ ENTERPRISES INC. 211078 04/2023 - DUNE PALMS BRIDGE PROGR... Construction 401-0000-60188 223,730.00 AMERICAN BUSINESS BANK 211048 04/2023 - DUNE PALMS BRIDGE RETENT... Retention Payable 401-0000-20600 11,186.50 XPRESS GRAPHICS 211099 05/15/23 - COMMUNITY WORKSHOP P... Design 401-0000-60185 442.02 NV5 211076 04/2023 LQ VILLAGE UNDERGROUND F... Design 401-0000-60185 9,383.00 BENGAL ENGINEERING INC 211051 04/2023 DUNE PALMS LOW WATER CR... Design 401-0000-60185 3,634.37 URBAN HABITAT 211094 04/2023 LQ LANDSCAPE RENOVATION ... Retention Payable 401-0000-20600 -15,245.59 URBAN HABITAT 211094 04/2023 LQ LANDSCAPE RENOVATION ... Construction 401-0000-60188 304,911.77 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 641,541.22 Fund: 501 - FACILITY & FLEET REPLACEMENT AUTOZONE 211050 05/25/23 - VEHICLE BATTERY AND SUPP... Parts, Accessories, and Upfits 501-0000-60675 268.01 AUTOZONE 211050 05/25/23 - VEHICLE BATTERY RETURN D... Parts, Accessories, and Upfits 501-0000-60675 -22.00 WEX BANK 211097 03/2023 - FUEL Fuel & Oil 501-0000-60674 228.58 HOME DEPOT CREDIT SERVIC... 211073 04/07/23 - VEHICLE CLEANING SUPPLIES Parts, Accessories, and Upfits 501-0000-60675 42.13 CHEVROLET CADILLAC 211055 05/19/23 - 2022 SILVERADO 3500HD MA.. Vehicle Repair & Maintenan... 501-0000-60676 106.49 PACIFIC MOBILE STRUCTURES.. 211079 06/2023 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 Fund 501- FACILITY & FLEET REPLACEMENT Total: 3,711.72 Fund: 502 - INFORMATION TECHNOLOGY CHARTER COMMUNICATIONS- 211054 05/10-06/09/23 - CH INTERNET (2546) Cable/Internet - Utilities 502-0000-61400 2,079.00 CHARTER COMMUNICATIONS- 211054 05/12-06/11/23 - CITY YARD CABLE (408... Cable/Internet - Utilities 502-0000-61400 81.77 DELL MARKETING LP 211058 04/13/23 - TWO LAPTOPS FOR IT STOCK Computers 502-0000-80103 5,251.04 DELL MARKETING LP 211058 04/13/23 -TWO LAPTOPS FOR C.WOOD... Computers 502-0000-80103 5,251.04 FISHER INTEGRATED INC 211067 04/2023 - MONTHLY FEE Consultants 502-0000-60104 1,100.00 FISHER INTEGRATED INC 211067 04/2023 - CC VIDEO STREAMING Consultants 502-0000-60104 600.00 Fund 502 - INFORMATION TECHNOLOGY Total: 14,362.85 Fund: 601 - SILVERROCK RESORT GARDAWORLD 211070 05/2023 - SRR ARMORED SERVICE Bank Fees 601-0000-60455 725.11 GARDAWORLD 211070 04/2023 - SRR ARMORED EXCESS ITEMS... Bank Fees 601-0000-60455 15.60 GARDAWORLD 211070 04/2023 - SRR ARMORED SVC TIER PRIC... Bank Fees 601-0000-60455 149.15 HOME DEPOT CREDIT SERVIC... 211073 04/12/23 - PRESSURE BALANCED SHOW... Repair & Maintenance 601-0000-60660 69.68 Fund 601- SILVERROCK RESORT Total: 959.54 Grand Total: 808,457.50 6/12/2023 7:03:00 PM 612 Page 3 of 5 Demand Register Packet: APPKT03486 - 06/02/2023 JB Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 215 - LIGHTING & LANDSCAPING FUND 237 - SUCCESSOR AGCY PA 1 ADMIN 270 - ART IN PUBLIC PLACES FUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 601- SILVERROCK RESORT Account Number 101-0000-13600 101-0000-20308 101-0000-20330 101-0000-20981 101-0000-42610 101-1004-50252 101-1005-60103 101-1006-60103 101-1006-60104 101-1006-60400 101-1006-60450 101-1007-60403 101-1007-60470 101-2001-60103 101-2001-60109 101-2001-60168 101-2001-60174 101-2002-60670 101-2002-60691 101-2002-61304 101-2002-61400 101-3002-60420 101-3005-60400 101-3005-60691 101-3007-60134 101-3008-60116 101-3008-60123 101-3008-60431 101-3008-60432 101-6002-60450 101-6003-60118 101-6004-60108 101-6006-60125 101-7003-60420 101-7003-60432 101-7006-60104 101-7006-60144 101-7006-60420 201-7003-60431 202-3006-60691 202-3006-61300 215-7004-60420 215-7004-60431 215-7004-60691 237-0000-13600 Grand Total: Account Summary Account Name Prepaid Expense SMIP Fees Payable Over Payments, AR Policy United Way Deductions SMIP Fees Annual Wellness Dollar ... Professional Services Professional Services Consultants Office Supplies Advertising Citywide Supplies Postage Professional Services LQ Police Volunteers School Officer Blood/Alcohol Testing Fire Station Maintenance/Services Mobile/Cell Phones/Sate... Cable/Internet - Utilities Operating Supplies Office Supplies Maintenance/Services Promotional Items Pest Control Security & Alarm Materials/Supplies Tools/Equipment Advertising Plan Checks Technical Temporary Agency Servi... Operating Supplies Tools/Equipment Consultants Contract Traffic Engineer Operating Supplies Materials/Supplies Maintenance/Services Telephone - Utilities Operating Supplies Materials/Supplies Maintenance/Services Prepaid Expense Expense Amount 113,395.82 1,535.78 1,015.75 29,342.38 1,600.00 992.44 641,541.22 3,711.72 14,362.85 959.54 808,457.50 Expense Amount 8,475.00 2,925.11 301.00 37.00 -146.27 200.00 3,820.00 285.69 5,174.35 57.19 158.40 802.63 24.00 441.00 434.20 35,337.26 340.55 124.37 605.00 200.85 237.01 3,156.49 43.49 2,400.00 38.84 250.00 428.48 665.65 295.52 1,323.00 7,665.00 20.00 4,725.00 1,142.79 593.06 17,285.66 13,422.50 106.00 1,535.78 892.00 123.75 154.17 25,540.21 3,648.00 1,600.00 6/12/2023 7:03:00 PM 613 Page 4 of 5 Demand Register Packet: APPKT03486 - 06/02/2023 JB Account Summary Account Number Account Name Expense Amount 270-0000-60482 Operating Supplies 992.44 401-0000-20600 Retention Payable 99,440.06 401-0000-60185 Design 13,459.39 401-0000-60188 Construction 528,641.77 501-0000-60674 Fuel& Oil 228.58 501-0000-60675 Parts, Accessories, and ... 288.14 501-0000-60676 Vehicle Repair & Maint... 106.49 501-0000-71032 Building Leases 3,088.51 502-0000-60104 Consultants 1,700.00 502-0000-61400 Cable/Internet - Utilities 2,160.77 502-0000-80103 Computers 10,502.08 601-0000-60455 Bank Fees 889.86 601-0000-60660 Repair & Maintenance 69.68 Grand Total: 808,457.50 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 116,949.32 111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-52 223,730.00 111205D Design Expense Dune Palms Bridge Imp/BRLKS-52 3,634.37 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-52 114,685.65 141513D Design Expense SilverRock Way Infra/Street Impr 17,285.66 201603CT Construction Expense La Quinta Landscape Renovation 304,911.77 201603RP Retention Payable La Quinta Landscape Renovation -15,245.59 201804E Landscape & Lighting Median Islan... Landscape & Lighting Median Islz 28,861.30 202102D Design Expense Fritz Burns Park Improvements 442.02 202206D Design Expense Village Utilities Undergrounding 1 9,383.00 STVRE Short Term Vacation Rental Expen... Short Term Vacation Rental Tracl 3,820.00 Grand Total: 808,457.50 *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. 6/12/2023 7:03:00 PM 614 Page 5 of 5 Demand Register City of La Quinta Packet: APPKT03490 - 06/09/2023 JB Vendor Name Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101-GENERAL FUND INDUSTRIAL HEALTH MEDICA... 211125 05/03/23 - COVID 19 TESTING KITS Consultants/Employee Servic... 101-1004-60104 85.00 DESERT VALLEYS BUILDERS A... 211115 05/01/23 - PUBLIC OFFICIALS LUNCHED... Travel & Training 101-1001-60320 45.00 DESERT VALLEYS BUILDERS A... 211115 05/01/23 - PUBLIC OFFICIALS LUNCHED... Travel & Training 101-1001-60320 45.00 VINTAGE E & S INC 211143 5/23-5/26/23 FB PARK SHADE STRUCTU... Maintenance/Services 101-3005-60691 1,219.58 TPX COMMUNICATIONS 211138 05/23-06/22/23 - EOC PHONE LINE SVC Telephone - Utilities 101-2002-61300 1,794.76 VERITAS TECHNOLOGIES LLC 211140 05/31/23 - DATA BACK-UP FOR LASERFI... Professional Services 101-1005-60103 1,120.57 WELLNESS WORKS 211145 05/2023 - EAP SERVICES Consultants/Employee Servic... 101-1004-60104 387.20 DESERT CONCEPTS CONSTR... 211112 4/14/23 BEAR CREEK TRAIL DRINKING F... Maintenance/Services 101-3005-60691 7,800.00 DESERT CONCEPTS CONSTR... 211112 05/23/23 - COVE TRAILHEAD TABLE/BE... Maintenance/Services 101-3005-60691 2,600.00 DESERT CONCEPTS CONSTR... 211112 05/26/23 - LQ PARK SLIDE REPLACEMEN... Maintenance/Services 101-3005-60691 2,200.00 VINTAGE ASSOCIATES 211142 05/24/23 - REMOVAL OF 3 PALMS AT FB... Maintenance/Services 101-3005-60691 10,620.00 WL CONTRUCTION SUPPLY L... 211146 05/17/23 - CONCRETE EATER TOOL Tools/Equipment 101-7003-60432 259.03 THE CHAMBER 211137 04/2023-06/2023 - GEM ADVERTISING Marketing & Tourism Promot.. 101-3007-60461 8,250.00 BRIGHT EVENT RENTALS, LLC 211102 05/03-05/23/23 - TEMPORARY SHADE F... Community Experiences 101-3003-60149 3,702.65 STERICYCLE, INC 211135 04/28/23 - POLICE SHRED LQ Police Volunteers 101-2001-60109 19.25 CALIFORNIA STATE UNIVERSI... 211106 05/31/23 - QSP & QSD CERTIFICATE B.M... Travel & Training 101-7006-60320 125.00 PATTON DOOR & GATE 211133 05/23/23 - FS #93 DOOR SERVICE CALL Maintenance/Services 101-2002-60691 725.00 PATTON DOOR & GATE 211133 06/01/23 - FS #70 DOOR SERVICE CALL Maintenance/Services 101-2002-60691 248.33 VERIZON WIRELESS 211141 04/14-05/13/23 - EOC CELL (7813) Mobile/Cell Phones/Satellites 101-2002-61304 300.32 VERIZON WIRELESS 211141 04/26-05/25/23 - LQPD CELL (6852) Telephone - Utilities 101-2001-61300 887.73 FIRST CHOICE A/C & HEATING.. 211117 05/18/23 - LQ PARK SNACK BAR HVAC ... HVAC 101-3008-60667 744.20 FIRST CHOICE A/C & HEATING.. 211117 05/24/23 - X PARK HVAC MAINTENANCE HVAC 101-3008-60667 377.00 DEPARTMENT OF ANIMAL SE... 211110 04/2023 - ANIMAL SERVICES Animal Shelter Contract Servi.., 101-6004-60197 27,279.33 FIRST CHOICE A/C & HEATING.. 211117 05/17/23 - FB POOL HVAC MAINTENAN... HVAC 101-3008-60667 89.00 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electricity - Utilities 101-2002-61101 2,916.66 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Monticello Park - Uti.. 101-3005-61102 13.67 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Civic Center Park - U.. 101-3005-61103 3,677.59 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Fritz Burns Park - Uti.. 101-3005-61105 1,325.71 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Sports Complex - Uti.. 101-3005-61106 3,557.52 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Colonel Paige - Utilit.. 101-3005-61108 681.24 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Community Park - U... 101-3005-61109 5,446.27 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Adams Park - Utiliti... 101-3005-61110 51.63 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Velasco Park - Utiliti... 101-3005-61111 14.02 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Eisenhower Park - U... 101-3005-61113 18.70 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electric - Desert Pride - Utiliti... 101-3005-61114 13.18 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electricity - Utilities 101-3008-61101 16,986.38 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water - Utilities 101-2002-61200 201.29 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water -Monticello Park - Utili... 101-3005-61201 2,198.04 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water - Civic Center Park - Uti- 101-3005-61202 2,290.35 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water -Community Park - Util.. 101-3005-61209 3,235.72 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water - Utilities 101-3008-61200 70.13 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE PM 10 - Dust Control 101-7006-60146 143.72 COACHELLA VALLEY WATER D.. 211108 06/06/23 - WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 763.45 DESERT RESORT MANAGEM... 211114 05/2023 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 3,883.51 PACIFIC WEST AIR CONDITIO... 211132 05/15/23 - CH HVAC CONDENSER FAN ... HVAC 101-3008-60667 676.00 SUNLINE TRANSIT AGENCY 211136 04/2023 - SUNLINE PASSES Due to SunLine 101-0000-20305 120.50 SUNLINE TRANSIT AGENCY 211136 04/2023 - SUNLINE PASSES Miscellaneous Revenue 101-0000-42301 -5.25 FLOCK SAFETY 211118 5/22/23 - SIX LICENSE READING CAMER... Public Safety Camera System... 101-2001-60692 43,125.00 MEREDITH, KEVIN 211129 FY 22/23 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 MAGALLON, ARMANDO 211128 FY 22/23 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 LAUREANO, SANDRA 211126 FY 22/23 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 125.04 NELSON, JENNIFER 211130 FY 22/23 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 139.99 OCEAN SPRINGS TECH INC 211131 05/24/23 - FB POOL CAT CONTROLLER R... Fritz Burns Pool Maintenance 101-3005-60184 599.43 6/12/2023 5:32:50 PM Page 1 of 5 615 Demand Register Vendor Name Payment Number Description (Item) Packet: APPKT03490 - 06/09/2023 JB Account Name Account Number Amount OCEAN SPRINGS TECH INC 211131 06/2023 - FB POOL CAT 5000 COMPUTE... Fritz Burns Pool Maintenance 101-3005-60184 240.00 IMPERIAL IRRIGATION DIST 211124 05/30/23 - ELECTRICITY SERVICE Electric - SilverRock Event Sit... 101-3005-61115 3,504.01 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water - Utilities 101-2002-61200 162.07 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water -Eisenhower Park - Util.. 101-3005-61203 72.61 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water -Fritz Burns Park - Utili... 101-3005-61204 2,000.04 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water -Velasco Park - Utilities 101-3005-61205 70.51 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water - Utilities 101-3008-61200 646.00 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE PM 10 - Dust Control 101-7006-60146 40.80 WALTERS WHOLESALE ELECT... 211144 11/29/22 - SAFETY LIGHT METER Tools/Equipment 101-7003-60432 375.95 QUINN COMPANY 211134 05/31/23 - WC GENERATOR REPAIRS Machinery & Equipment 101-2002-80101 997.50 QUINN COMPANY 211134 05/31/23 - CH GENERATOR BELTS REPIL Machinery & Equipment 101-2002-80101 1,342.07 Fund 101- GENERAL FUND Total: 173,045.00 Fund: 201- GAS TAX FUND IMPERIAL IRRIGATION DIST 211124 05/30/23 - ELECTRICITY SERVICE Electricity - Utilities 201-7003-61101 717.49 Fund 201- GAS TAX FUND Total: 717.49 Fund: 202 - LIBRARY & MUSEUM FUND H&G HOME IMPROVEMENTS- 211122 05/31/23 - LIBRARY BUILDING DAMAGE... Maintenance/Services 202-3004-60691 3,166.25 H&G HOME IMPROVEMENTS- 211122 05/31/23 - LIBRARY BUILDING DAMAGE... Maintenance/Services 202-3004-60691 4,780.00 FIRST CHOICE A/C & HEATING.. 211117 05/31/23 - MUSEUM HVAC REPAIRS HVAC 202-3006-60667 1,032.00 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electricity - Utilities 202-3004-61101 4,748.17 IMPERIAL IRRIGATION DIST 211124 06/01/23 - ELECTRICITY SERVICE Electricity - Utilities 202-3006-61101 1,336.77 Fund 202 - LIBRARY & MUSEUM FUND Total: 15,063.19 Fund: 215 - LIGHTING & LANDSCAPING FUND TRI-STATE MATERIALS INC 211139 05/30/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 889.72 TRI-STATE MATERIALS INC 211139 05/30/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 889.72 TRI-STATE MATERIALS INC 211139 05/30/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 808.83 TRI-STATE MATERIALS INC 211139 5/31/23 - LANDSCAPE ROCK FOR CALLE ... Materials/Supplies 215-7004-60431 889.72 TRI-STATE MATERIALS INC 211139 5/31/23 - LANDSCAPE ROCK FOR CALLE ... Materials/Supplies 215-7004-60431 485.30 TRI-STATE MATERIALS INC 211139 05/31/23 - LANDSCAPE ROCK FOR CALLE.. Materials/Supplies 215-7004-60431 889.72 DESERT CONCEPTS CONSTR... 211112 05/23/23 - TAMAZULA WALL REPAIR Maintenance/Services 215-7004-60691 8,995.00 DESERT CONCEPTS CONSTR... 211112 05/31/23 - AVE 52/WASHINGTON WALL... Maintenance/Services 215-7004-60691 27,000.00 DESERT CONCEPTS CONSTR... 211112 05/31/23 - CALLE KALIMA WALL REPAIR Maintenance/Services 215-7004-60691 7,885.00 HIGH TECH IRRIGATION INC 211123 05/19/23 - MARKING FLAGS Materials/Supplies 215-7004-60431 122.72 HIGH TECH IRRIGATION INC 211123 05/25/23 - IRRIGATION PARTS Materials/Supplies 215-7004-60431 186.02 CALIFORNIA DESERT NURSER... 211105 05/22/23 - PLANTS Materials/Supplies 215-7004-60431 271.43 MACIAS NURSERY, INC. 211127 05/24/23 - PLANTS Materials/Supplies 215-7004-60431 1,753.59 MACIAS NURSERY, INC. 211127 05/18/23 - PLANTS Materials/Supplies 215-7004-60431 980.52 MACIAS NURSERY, INC. 211127 05/18/23 - PLANTS Materials/Supplies 215-7004-60431 3,087.04 MACIAS NURSERY, INC. 211127 05/23/23 - PLANTS Materials/Supplies 215-7004-60431 1,429.84 IMPERIAL IRRIGATION DIST 211124 05/30/23 - ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 6,696.33 IMPERIAL IRRIGATION DIST 211124 05/30/23 - ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 2,624.57 COACHELLA VALLEY WATER D.. 211108 05/30/23 - WATER SERVICE Water - Medians - Utilities 215-7004-61211 11,947.47 COACHELLA VALLEY WATER D.. 211108 06/06/23 - WATER SERVICE Water - Medians - Utilities 215-7004-61211 662.94 DESERT ELECTRIC SUPPLY 211113 06/01/23 - ELECTRICAL BOX COVER Materials/Supplies 215-7004-60431 212.08 DESERT ELECTRIC SUPPLY 211113 05/31/23 - FINANCE CHARGE Materials/Supplies 215-7004-60431 2.16 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 78,709.72 Fund: 221 - AB 939 - CALRECYCLE FUND THE CHAMBER 211137 04/2023-06/2023 - GEM ADVERTISING AB 939 Recycling Solutions 221-0000-60127 23,000.00 ALPHA MEDIA LLC 211101 05/2023 - RECYCLING RADIO ADS 93.7 K... AB 939 Recycling Solutions 221-0000-60127 1,842.57 ALPHA MEDIA LLC 211101 05/2023 - RECYCLING RADIO ADS MIX 1... AB 939 Recycling Solutions 221-0000-60127 1,844.34 Fund 221- AB 939 - CALRECYCLE FUND Total: 26,686.91 Fund: 235 - SO COAST AIR QUALITY FUND IMPERIAL IRRIGATION DIST 211124 05/30/23 - ELECTRICITY SERVICE Electricity - Utilities 235-0000-61101 1,832.78 Fund 235 - SO COAST AIR QUALITY FUND Total: 1,832.78 Fund: 241 - HOUSING AUTHORITY CAHA, BECKY 211103 05/2023 - HOUSING CONSULTANT SERV... Professional Services 241-9101-60103 5,775.00 Fund 241- HOUSING AUTHORITY Total: 5,775.00 6/12/2023 5:32:50 PM 616 Page 2 of 5 Demand Register Packet: APPKT03490 - 06/09/20231B Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 401- CAPITAL IMPROVEMENT PROGRAMS CONVERSE CONSULTANTS 211109 04/2023 - MATERIALS TESTING SPORTS ... Technical 401-0000-60108 6,350.00 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 6,350.00 Fund: 501- FACILITY & FLEET REPLACEMENT H&G HOME IMPROVEMENTS.. 211122 04/10/23 - LQ PARK PAINT BATHROOMS City Bldg Repl/Repair 501-0000-71103 4,850.00 ENTERPRISE FM TRUST 211116 05/2023 - FLEET LEASES Vehicles, Rentals & Leases 501-0000-71030 4,421.76 DESERT BUSINESS INTERIORS 211111 50% DEPOSIT FOR COUNCIL CHAMBERS ... Furniture 501-0000-71020 8,366.95 GARCIA SANCHEZ, IBAN 211121 05/27/23 - VEHICLE WASHES Vehicle Repair & Maintenan... 501-0000-60676 520.00 FUELMAN 211119 05/2023 - FUEL Fuel & Oil 501-0000-60674 888.33 QUINN COMPANY 211134 5/15/23 - NEW SKID STEER TRACKS AND... Vehicle Repair & Maintenan... 501-0000-60676 5,932.18 Fund 501- FACILITY & FLEET REPLACEMENT Total: 24,979.22 Fund: 502 - INFORMATION TECHNOLOGY ACORN TECHNOLOGY SERVI... 211100 06/2023 - IT SERVICES Consultants 502-0000-60104 28,340.00 TPX COMMUNICATIONS 211138 05/23-06/22/23 - PHONE LINE SVC Telephone - Utilities 502-0000-61300 3,787.41 CDW GOVERNMENT INC 211107 05/13/23 - CISCO MERAKI PORT SWITCH... Machinery & Equipment 502-0000-80100 6,333.20 Fund 502 - INFORMATION TECHNOLOGY Total: 38,460.61 Fund: 503 - PARK EQUIP & FACILITY FUND CALIFORNIA COMMERCIAL P... 211104 CALIFORNIA COMMERCIAL P... 211104 GAMETIME 211120 5/2023 LQ PARK SPLASH PAD RENOVAT... Retention Payable 503-0000-20600-9,875.50 5/2023 LQ PARK SPLASH PAD RENOVAT... Parks 503-0000-71060 197,510.00 5/15/23 - FRITZ BURNS PARK BENCHES (... Parks 503-0000-71060 11,427.11 Fund 503 - PARK EQUIP & FACILITY FUND Total: 199,061.61 Grand Total: 570,681.53 6/12/2023 5:32:50 PM 617 Page 3 of 5 Demand Register Packet: APPKT03490 - 06/09/2023 JB Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 215 - LIGHTING & LANDSCAPING FUND 221- AB 939 - CALRECYCLE FUND 235 - SO COAST AIR QUALITY FUND 241- HOUSING AUTHORITY 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FUND Account Number 101-0000-20305 101-0000-42301 101-1001-60320 101-1004-50252 101-1004-60104 101-1005-60103 101-2001-60109 101-2001-60692 101-2001-61300 101-2002-60691 101-2002-61101 101-2002-61200 101-2002-61300 101-2002-61304 101-2002-80101 101-3003-60149 101-3005-60184 101-3005-60691 101-3005-61102 101-3005-61103 101-3005-61105 101-3005-61106 101-3005-61108 101-3005-61109 101-3005-61110 101-3005-61111 101-3005-61113 101-3005-61114 101-3005-61115 101-3005-61201 101-3005-61202 101-3005-61203 101-3005-61204 101-3005-61205 101-3005-61207 101-3005-61209 101-3007-60461 101-3008-60667 101-3008-61101 101-3008-61200 101-6004-60103 101-6004-60197 101-7003-60432 101-7006-60146 Grand Total: Account Summary Account Name Due to SunLine Miscellaneous Revenue Travel & Training Annual Wellness Dollar ... Consultants/Employee 5... Professional Services LQ Police Volunteers Public Safety Camera Sys... Telephone - Utilities Maintenance/Services Electricity - Utilities Water - Utilities Telephone - Utilities Mobile/Cell Phones/Sate... Machinery & Equipment Community Experiences Fritz Burns Pool Mainten... Maintenance/Services Electric - Monticello Park... Electric - Civic Center Pa... Electric - Fritz Burns Park... Electric - Sports Complex... Electric - Colonel Paige -... Electric - Community Par... Electric - Adams Park - Ut.. Electric - Velasco Park - ... Electric - Eisenhower Par... Electric - Desert Pride - U.. Electric - SilverRock Even... Water -Monticello Park -... Water - Civic Center Park.. Water -Eisenhower Park ... Water -Fritz Burns Park-... Water -Velasco Park - Uti.. Water -Pioneer Park - Uti.. Water -Community Park ... Marketing & Tourism Pr... HVAC Electricity - Utilities Water - Utilities Professional Services Animal Shelter Contract ... Tools/Equipment PM 10 - Dust Control Expense Amount 173,045.00 717.49 15,063.19 78,709.72 26,686.91 1,832.78 5,775.00 6,350.00 24,979.22 38,460.61 199,061.61 570,681.53 Expense Amount 120.50 -5.25 90.00 665.03 472.20 1,120.57 19.25 43,125.00 887.73 973.33 2,916.66 363.36 1,794.76 300.32 2,339.57 3,702.65 839.43 24,439.58 13.67 3,677.59 1,325.71 3,557.52 681.24 5,446.27 51.63 14.02 18.70 13.18 3,504.01 2,198.04 2,290.35 72.61 2,000.04 70.51 763.45 3,235.72 8,250.00 1,886.20 16,986.38 716.13 3,883.51 27,279.33 634.98 184.52 6/12/2023 5:32:50 PM 618 Page 4 of 5 Demand Register Packet: APPKT03490 - 06/09/2023 JB Account Summary Account Number Account Name Expense Amount 101-7006-60320 Travel & Training 125.00 201-7003-61101 Electricity - Utilities 717.49 202-3004-60691 Maintenance/Services 7,946.25 202-3004-61101 Electricity - Utilities 4,748.17 202-3006-60667 HVAC 1,032.00 202-3006-61101 Electricity - Utilities 1,336.77 215-7004-60431 Materials/Supplies 12,898.41 215-7004-60691 Maintenance/Services 43,880.00 215-7004-61116 Electric - Utilities 6,696.33 215-7004-61117 Electric - Medians - Utilit... 2,624.57 215-7004-61211 Water - Medians - Utiliti... 12,610.41 221-0000-60127 AB 939 Recycling Solutio... 26,686.91 235-0000-61101 Electricity - Utilities 1,832.78 241-9101-60103 Professional Services 5,775.00 401-0000-60108 Technical 6,350.00 501-0000-60674 Fuel& Oil 888.33 501-0000-60676 Vehicle Repair & Maint... 6,452.18 501-0000-71020 Furniture 8,366.95 501-0000-71030 Vehicles, Rentals & Leas... 4,421.76 501-0000-71103 City Bldg Repl/Repair 4,850.00 502-0000-60104 Consultants 28,340.00 502-0000-61300 Telephone - Utilities 3,787.41 502-0000-80100 Machinery & Equipment 6,333.20 503-0000-20600 Retention Payable -9,875.50 503-0000-71060 Parks 208,937.11 Grand Total: 570,681.53 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 300,008.13 201804E Landscape & Lighting Median Islan... Landscape & Lighting Median Islz 12,412.74 202204T Technical Expense Sports Complex Lighting Replacei 6,350.00 202216E General PW Maint - Desert Concep.. General PW Maintenance - Desei 56,480.00 202219E La Quinta Splash Pad Renovation La Quinta Splash Pad Renovation 197,510.00 202219RP Retention Payable La Quinta Splash Pad Renovation -9,875.50 CORONANR Corona Non Reimbursable Corona Virus Emergency Respon: 85.00 CSA152E CSA 152 Expenses CSA 152 Project Tracking 125.00 STVRE Short Term Vacation Rental Expen... Short Term Vacation Rental Tracl 3,883.51 XPARKE X Park Expenses X Park 3,702.65 Grand Total: 570,681.53 *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. 6/12/2023 5:32:50 PM 619 Page 5 of 5 ATTACHMENT 2 City of La Quinta Bank Transactions 5/22/2023 — 6/9/2023 Wire Transaction Listed below are the wire transfers from 5/22/2023— 6/9/2023 Wire Transfers: 05/26/2023 - WIRE TRANSFER - CALPERS $80.71 05/26/2023 - WIRE TRANSFER - CALPERS $5,259.54 05/26/2023 - WIRE TRANSFER - CALPERS $12,965.93 05/26/2023 - WIRE TRANSFER - CALPERS $24,801.58 05/26/2023 - WIRE TRANSFER - THE BANK OF NEW YORK MELLON $5,000,000.00 05/30/2023 - WIRE TRANSFER - LQCEA $477.00 05/30/2023 - WIRE TRANSFER - MISSION SQUARE $9,987.28 05/31/2023 - WIRE TRANSFER - STERLING HEALTH $1,460.39 05/31/2023 - WIRE TRANSFER - COLONIAL LIFE $8,138.11 06/01/2023 - WIRE TRANSFER - CALPERS $847.95 06/06/2023 - WIRE TRANSFER - MISSION SQUARE $88,325.00 06/07/2023 - WIRE TRANSFER - LANDMARK $239,313.97 06/08/2023 - WIRE TRANSFER - CALPERS $122,138.54 06/09/2023 - WIRE TRANSFER - CALPERS $471.22 06/09/2023 - WIRE TRANSFER - CALPERS $5,002.60 06/09/2023 - WIRE TRANSFER - CALPERS $12,767.25 06/09/2023 - WIRE TRANSFER - CALPERS $24,874.23 06/09/2023 - WIRE TRANSFER - LQCEA $468.00 06/09/2023 - WIRE TRANSFER - MISSION SQUARE $3,775.00 06/09/2023 - WIRE TRANSFER - MISSION SQUARE $9,987.28 TOTAL WIRE TRANSFERS OUT $5,571,141.58 620 CONSENT CALENDAR ITEM NO. 23 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2023 RECOMMENDATION Receive and file revenue and expenditure report dated April 30, 2023. EXECUTIVE SUMMAR' • The report summarizes the City's year-to-date (YTD) revenues and period expenditures for April 2023 (Attachment 1). • These reports are also reviewed by the Financial Advisory Commission. FISCAL IMPACT — None BACKGROUND/ANALYSIS Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports: Original Total Budget — represents revenue and expenditure budgets the Council adopted in June 2022 for fiscal year 2022/23. Current Total Budget — represents original adopted budgets plus any Council approved budget amendments from throughout the year, including carryovers from the prior fiscal year. Period Activity — represents actual revenues received and expenditures outlaid in the reporting month. Fiscal Activity — represents actual revenues received and expenditures outlaid YTD. Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount. Percent Used— represents the percentage activity as compared to budget YTD. 621 April 2023 Revenues Comparison to LY YTD Percent of YTD Percent of MTD YTD Budget YTD Budget General Fund (GF) $6,790,438 $53,429,653 68.03% $51,183,646 78.27% All Funds $8,384,040 $90,660,307 47.83% $82,355,366 55.02% April 2023 Expenditures Comparison to LY YTD Percent of YTD Percent of MTD YTD Budget YTD Budget General Fund $2,698,266 $44,193,213 38.85% $33,735,354 46.41% Payroll (GF) $717,599 $20,358,992 84.83% $10,588,629 78.61 All Funds $4,341,448 $91,513,204 38.77% $75,961,517 44.12% Top Five Revenue/Income Sources for April General Fund Non -General Fund Transient Occupancy (Hotel) Tax $ 2,319,084 Allocated Interest $ 417,954 Measure G Sales Tax $ 1,429,458 SilverRock Green Fees $ 397,991 Sales Tax $ 1,234,646 County Sales Tax (Measure A) $ 138,058 Property Tax $ 644,057 Gas Tax Fund $ 137,358 SoCal Gas Franchise Fees $ 246,641 1 Developer Impact Fees- Transportation $ 93,373 TOD Five Expenditures/Outlays for April General Fund Non -General Fund Sheriff Contract(January/February) $ 1,225,264 SilverRock Maintenance $ 237,407 Parks Landscape Maintenance $ 121,608 Housing Authority Rental Expenses $ 226,445 Visit Greater Palm Springs $ 80,790 Capital Improvement Program - Construction(l) $ 216,433 Fritz Burns Pool Programming $ 71,347 Lighting & Landscape Maintenance $ 81,236 Animal Shelter Contract Service $ 53,359 Museum Operations $ 66,300 (a)CIP Construction: Blackhawk Way crossing; misc. traffic/pedestrian safety improvements and maintenance The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City's cash flow reserve. The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Claudia Martinez, Finance Director Attachment 1: Revenue and Expenditure Report for April 30, 2023 622 ta Qantra CALIFORNIA Fund 101-GENERAL FUND 105 - DISASTER RECOVERY FUND 201- GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 203 - PUBLIC SAFETY FUND (MEAS 210 - FEDERAL ASSISTANCE FUND 212 - SLESA (COPS) FUND 215 - LIGHTING & LANDSCAPING F 220 - QUIMBY FUND 221- AB 939 - CALRECYCLE FUND 223 - MEASURE A FUND 225 - INFRASTRUCTURE FUND 226 - EMERGENCY MANAGEMENT 227 - STATE HOMELAND SECURIT) 230 - CASp FUND, AB 1379 231- SUCCESSOR AGCY PA 1 RORF 235 - SO COAST AIR QUALITY FUN 237 - SUCCESSOR AGCY PA 1 ADM 241- HOUSING AUTHORITY 243 - RDA LOW -MOD HOUSING FL 244 - HOUSING GRANTS (Multiple, 247 - ECONOMIC DEVELOPMENT 1 249 - SA 2011 LOW/MOD BOND FI 250 - TRANSPORTATION DIF FUNC 251- PARKS & REC DIF FUND 252 - CIVIC CENTER DIF FUND 253 - LIBRARY DEVELOPMENT DIF 254 - COMMUNITY & CULTURAL C 255 - STREET FACILITY DIF FUND 256 - PARK FACILITY DIF FUND 257 - FIRE PROTECTION DIF 259 - MAINTENANCE FACILITIES D 270 - ART IN PUBLIC PLACES FUNC 275 - LQ PUBLIC SAFETY OFFICER 299 - INTEREST ALLOCATION FUN[ 310 - LQ FINANCE AUTHORITY DEE 401- CAPITAL IMPROVEMENT PR( 405 - SA PA 1 CAPITAL IMPRV FUN 501- FACILITY & FLEET REPLACEM 502 - INFORMATION TECHNOLOG' 503 - PARK EQUIP & FACILITY FUN 504 - INSURANCE FUND 601- SILVERROCK RESORT 602 - SILVERROCK GOLF RESERVE 760 -SUPPLEMENTAL PENSION PL 761- CERBT OPEB TRUST 762 - PARS PENSION TRUST Report Total: ATTACHMENT For Fiscal: 2022/23 Period Ending: 04/30/2023 Revenue Summary Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Used 68,321,100 78,544,100 6,790,438 53,429,653 -25,114,447 68.03% 5,003,505 5,003,505 0 4,990,403 -13,102 99.74% 2,691,011 2,691,011 137,358 1,893,985 -797,026 70.38% 2,867,000 2,867,000 145 1,055,916 -1,811,084 36.83% 2,000 2,000 0 -157 -2,157 7.83% 156,000 156,000 0 180,043 24,043 115.41% 101,000 101,000 8,333 123,365 22,365 122.14% 2,483,300 2,483,300 0 2,056,386 -426,914 82.81% 25,000 25,000 0 0 -25,000 0.00% 64,000 64,000 19,120 61,791 -2,209 96.55% 1,875,000 1,875,000 138,058 1,324,173 -550,827 70.62% 0 0 0 -12 -12 0.00% 12,100 12,100 0 0 -12,100 0.00% 5,000 5,000 0 4,896 -104 97.92% 20,200 20,200 1,408 16,212 -3,988 80.26% 0 0 5 5,145,821 5,145,821 0.00% 54,400 54,400 0 76,178 21,778 140.03% 0 0 0 -116 -116 0.00% 1,451,500 1,451,500 93,028 1,127,534 -323,966 77.68% 20,000 20,000 0 -2,155 -22,155 10.77% 0 0 0 160,000 160,000 0.00% 15,000 15,000 10,817 62,343 47,343 415.62% 25,000 1,412,009 0 31,734 -1,380,275 2.25% 1,020,000 1,020,000 93,373 950,495 -69,505 93.19% 501,000 501,000 50,573 492,346 -8,654 98.27% 301,000 301,000 28,578 289,238 -11,762 96.09% 75,000 75,000 9,131 92,544 17,544 123.39% 152,000 152,000 22,814 219,143 67,143 144.17% 10,000 10,000 0 472 -9,528 4.72% 0 0 0 -4 -4 0.00% 101,000 101,000 8,487 87,515 -13,485 86.65% 75,500 75,500 7,355 72,834 -2,666 96.47% 153,000 153,000 2,300 100,808 -52,192 65.89% 2,200 2,200 0 1,968 -232 89.46% 0 0 417,954 3,361,285 3,361,285 0.00% 1,100 1,100 0 0 -1,100 0.00% 13,136,811 79,240,072 50,000 3,956,426 -75,283,646 4.99% 1,000 1,000 0 -4 -1,004 0.38% 1,685,000 1,685,000 0 1,411,520 -273,480 83.77% 2,256,708 2,256,708 2,434 1,696,096 -560,612 75.16% 470,000 1,103,000 0 335,115 -767,885 30.38% 1,020,400 1,020,400 0 764,727 -255,673 74.94% 4,865,453 4,865,453 457,081 4,778,229 -87,224 98.21% 79,000 79,000 0 74,656 -4,344 94.50% 5,500 5,500 0 4,946 -554 89.93% 10,000 10,000 0 37,320 27,320 373.20% 100,000 100,000 35,249 194,636 94,636 194.64% 111,213,788 189,560,058 8,384,040 90,660,307 -98,899,752 47.83% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited Page 1 of 3 623 For Fiscal: 2022/23 Period Ending: 04/30/2023 Expenditure Summary Variance Original Current Period Fiscal Favorable Percent Fund Total Budget Total Budget Activity Activity (Unfavorable) Used 101- GENERAL FUND 64,651,274 113,759,460 2,698,266 44,193,213 69,566,247 38.85% 201- GAS TAX FUND 2,687,351 3,703,799 55,130 1,098,666 2,605,133 29.66% 202 - LIBRARY & MUSEUM FUND 1,909,146 4,765,851 144,793 663,285 4,102,567 13.92% 203 - PUBLIC SAFETY FUND (MEAS 0 0 0 14,085 -14,085 0.00% 210 - FEDERAL ASSISTANCE FUND 152,600 339,977 1,530 172,861 167,116 50.84% 212 - SLESA (COPS) FUND 100,000 100,000 4,283 53,536 46,464 53.54% 215 - LIGHTING & LANDSCAPING F 2,465,376 2,622,376 199,996 1,745,437 876,939 66.56% 220 - QUIMBY FUND 0 466,967 0 0 466,967 0.00% 221- AB 939 - CALRECYCLE FUND 150,000 150,000 18,851 147,611 2,389 98.41% 223 - MEASURE A FUND 3,882,000 5,843,145 0 2,052,910 3,790,235 35.13% 226 - EMERGENCY MANAGEMENT 12,000 12,000 0 25,055 -13,055 208.79% 227 - STATE HOMELAND SECURIT) 5,000 5,000 0 4,312 688 86.25% 230 - CASp FUND, AB 1379 5,500 5,500 0 0 5,500 0.00% 231- SUCCESSOR AGCY PA 1 RORF 0 0 0 16,718,591 -16,718,591 0.00% 235 - SO COAST AIR QUALITY FUN 46,500 46,500 1,807 10,043 36,457 21.60% 237 - SUCCESSOR AGCY PA 1 ADM 0 0 0 4,850 -4,850 0.00% 241- HOUSING AUTHORITY 1,712,670 1,712,670 262,477 1,595,214 117,456 93.14% 243 - RDA LOW -MOD HOUSING FL 250,000 305,000 0 255,000 50,000 83.61% 244 - HOUSING GRANTS (Multiple, 0 90,000 0 97,052 -7,052 107.84% 247 - ECONOMIC DEVELOPMENT 1 21,500 21,500 999 2,999 18,501 13.95% 249 - SA 2011 LOW/MOD BOND FI 20,000 3,644,192 0 62,290 3,581,902 1.71% 250- TRANSPORTATION DIF FUNC 500,000 1,916,757 0 403,605 1,513,152 21.06% 251- PARKS & REC DIF FUND 500,000 500,000 0 13,602 486,398 2.72% 252 - CIVIC CENTER DIF FUND 250,000 250,000 0 0 250,000 0.00% 253 - LIBRARY DEVELOPMENT DIF 15,000 15,000 0 0 15,000 0.00% 254 - COMMUNITY & CULTURAL C 0 125,000 0 0 125,000 0.00% 270 - ART IN PUBLIC PLACES FUNC 177,000 426,165 14,075 83,055 343,110 19.49% 310 - LQ FINANCE AUTHORITY DEE 1,100 1,100 0 0 1,100 0.00% 401- CAPITAL IMPROVEMENT PR( 13,136,811 78,179,947 247,759 9,327,201 68,852,746 11.93% 501- FACILITY & FLEET REPLACEM 1,608,750 2,214,714 81,301 1,075,054 1,139,660 48.54% 502 - INFORMATION TECHNOLOG' 2,258,054 2,358,054 66,885 1,240,690 1,117,364 52.61% 503 - PARK EQUIP & FACILITY FUN 545,000 1,618,000 18,843 127,638 1,490,362 7.89% 504 - INSURANCE FUND 984,100 984,100 497 893,787 90,313 90.82% 601- SILVERROCK RESORT 4,782,135 4,802,135 521,399 4,374,381 427,755 91.09% 760 -SUPPLEMENTAL PENSION PL 12,850 12,850 0 12,833 17 99.87% 761- CERBT OPEB TRUST 1,500 1,500 0 1,140 360 75.99% 762 - PARS PENSION TRUST 55,000 5,055,000 2,557 5,043,211 11,789 99.77% Report Total: 102,898,217 236,054,259 4,341,448 91,513,204 144,541,055 38.77% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers. Page 2 of 3 624 Fund Descriptions Fund # Name Notes 101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund. Accounts for use of one-time federal funding designed to deliver relief to American workers and aid in 105 Disaster Recovery Fund the economic recovery iin the wake of COVID-19. The American Rescue Plan Act (ARPA) was passed by Congress in 2021 to provide fiscal recovery funds to state and local governments. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street -related expenditures. 202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources. 212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities. Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources. 220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements. 221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts. Assembly Bill (AB) 939. 223 Measure A Fund County sales tax allocations which are restricted to street -related expenditures. 224 TUMF Fund Developer -paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside Countv. 225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City's infrastructure as defined by Resolution 226 Emergency Mgmt. Performance Grant (EMPG) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assemblv Bill (AB) 1379 and Senate Bill (SB) 1186. Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for 231 Successor Agency PA 1 RORF Fund Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recoanized obligations of the former Redevelopment Aaencv (RDA). 235 SO Coast Air Quality Fund (AB2766, PM10) Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill (AB) 2766. 237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule (ROPS) associated with the former Redevelopment Aaencv (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low -Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing. Accounts for RDA loan rei)avments (20 /o for Housing) and housing programs,. 244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development. 247 Economic Development Fund Proceeds from sale of City -owned land and transfers from General Fund for future economic development. 249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 259 Maintenance Facilities DIF Fund Developer impact fees collected for specific public improvements - maintenance facilities. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks. 275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty. 299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority's outstanding debt and any related reporting reauirements. This bond was fully paid in October 2018. 401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants. Used for SilverRock infrastructure improvements. 501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city -owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan (PARS Account) Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB) For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account) For all pension -related benefits and unfunded liabilities. 625 Page 3 of 3 626 CONSENT CALENDAR ITEM NO. 24 City of La Quints CITY COUNCIL MEETING: ,tune 20, 2023 STAFF REPORT AGENDA TITLE AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI- STATE MATERIALS TO PURCHASE UP TO $160,000 OF MATERIALS FOR FISCAL YEAR 2022/23 RECOMMENDATION Authorize the Public Works Department to utilize Tri-State Materials to purchase up to $160,000 of materials during fiscal year 2022/23. EXECUTIVE SUMMARY • Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. • On April 18, 2023, Council authorized spending authority for Tri-State Materials (Tri- State)_for up to $125,000. • Staff requests increased spending authority to utilize Tri-State to purchase up to $160,000 of materials during Fiscal Year (FY) 2022/23. FISCAL IMPACT The $160,000 would be charged in increments, as needed, to the appropriate account(s) should Council approve the request. Funds for purchases are budgeted in the Lighting and Landscape (215-7004-60431) and Parks (101-3005-60431) materials accounts. BACKGROUND/ANALYSIS The purchasing policy requires Council approval for purchases and/or contracts over $50,000. In FY 2022/23, the City has purchased materials in excess of $106,000 from Tri-State. Due to increases in materials and delivery prices, staff anticipates spending up to an additional $35,000 for materials from Tri-State. Tri-State provides quality materials and is the select source for the decomposed granite (DG) color utilized in City landscape projects. The City frequently purchases DG, gravel, and crushed stone from Tri-State. Staff will continue to compare prices and material selections to obtain the best value and quality materials to be used in landscape renovation. 627 This spending authority would allow maintenance projects in City medians and parks to continue without interruptions to scheduled work. ALTERNATIVES Staff could request approval from Council for any future purchases from Tri-State on a per project basis. However, this approach would delay work schedules. Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works Director/City Engineer 628 City of La Quints CONSENT CALENDAR ITEM NO. 25 CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE THE EXCHANGE OF REAL PROPERTY BETWEEN THE CITY AND NINO ROSINI FOR CERTAIN VACANT PARCELS IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 770-125-003 AND 770- 155-001 RECOMMENDATION Adopt a resolution to approve the exchange of real property between the City and Nino Rosini for certain vacant parcels, identified as Assessor Parcel Numbers 770-125-003 and 770-155-001; and authorize the City Manager to execute an agreement, in a form approved by the City Attorney, for property exchange and escrow instructions to effectuate this property exchange. EXECUTIVE SUMMARY • The City proposes to exchange a vacant parcel located on Avenida La Fonda with a vacant parcel located on Desert Club Drive (Attachment 1). • Nino Rosini desires to acquire the Avenida La Fonda property for future housing development with vacant land he owns west of the City parcel. • The price and size of the vacant lots are equivalent with each other. FISCAL IMPACT — None BACKGROUND/ANALYSIS Mr. Rosini, owns approximately 0.40 acres (17,424 sq.ft.) certain real property located on Desert Club Drive (APN: 770-155-001), and desires to exchange it for certain real property of 0.37 acres (16,117 sq.ft.) owned by the City located on Avenida La Fonda (APN: 770-125-003) for future use of a housing development. The City desires to acquire the Desert Club Drive property for future development on a prime corner location in the Village. ALTERNATIVES: Council may elect to not approve the property exchange agreement. Prepared by: Gil Villalpando, Director Approved by: Jon McMillen, City Manager Attachment: 1. Vicinity Map 629 630 RESOLUTION NO. 2023 — XXX A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE EXCHANGE OF CERTAIN REAL PROPERTY BETWEEN THE CITY OF LA QUINTA AND NINO ROSINI, FOR CERTAIN VACANT PROPERTIES IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 770-125-003 AND 770-155-001 WHEREAS, Nino Rosini, ("Rosini") owns approximately 0.40 acres (17,424 sq.ft.) of certain real property located on Desert Club Drive (APN: 770-155-001) (the "Rosini Property"); the City of La Quinta ("City") owns approximately 0.37 acres (16,117 sq.ft.) of certain real property located on Avenida La Fonda (APN: 770-125-003) ("City Property"); the City Property and Rosini Property are located within the same general location of the City in the La Quinta Village area; and WHEREAS, Rosini has expressed interest in exchanging the Rosini Property for the City Property for the potential future use as a housing development; and WHEREAS, the City has stated its desire in the General Plan's Housing Element to support high quality and vibrant housing activity in the City, particularly within the La Quinta Village area; and WHEREAS, the City Property may be exchanged for the Rosini Property, in compliance with the Surplus Land Act (Gov. Code, § 54220 et seq.), because the exchange of City Property is for another property of approximately the same size and necessary for the City's public uses, allowing the City Property to be categorized as "exempt surplus land" (Gov. Code, § 54221(f)(1)(C)); and WHEREAS, there is an appraisal of the current fair market value of comparable properties indicating that the City Property and Rosini Property are of comparable value; and WHEREAS, the exchange of the City Property and Rosini Property will be memorialized by an Exchange of Land Agreement or similar agreement, in a form approved by the City Attorney, which the City Manager on behalf of the City will negotiate and execute to effectuate the purposes of the City Council's approval of the property exchange set forth in this Resolution; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (Pub. Res. Code,§ 21000 et seq.) ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "State CEQA Guidelines"), and the City's environmental guidelines; and WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines, the exchange of the City Property and Rosini Property is exempt from environmental review under CEQA because the transfer will result only in a continuation of the existing uses of 631 Resolution No. 2023-XXX Approval to Exchange Certain Real Property (APN: 770-155-001 for APN: 770-125-003) - Nino Rosini Adopted: June 20, 2023 Page 2 of 3 the properties, which would allow for development of single-family homes, and is therefore exempt from environmental review; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby approves the exchange of the City Property for the Rossi Property, with no additional payment required by either City or Rossi, as the adequate consideration for the exchange of properties is the comparable value attributed to each property. SECTION 3. The City Manager is hereby authorized to effectuate the property exchange described in Section 2 of this Resolution, is hereby authorized to negotiate and execute an Exchange of Land Agreement or similar agreement in a form approved by the City Attorney, and to take such other and further actions, and execute such other and further documents, as are necessary and proper in order to implement this Resolution on behalf of the City. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 20t" day of June 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 632 Resolution No. 2023-XXX Approval to Exchange Certain Real Property (APN: 770-155-001 for APN: 770-125-003) - Nino Rosini Adopted: June 20, 2023 Page 3 of 3 ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 633 0I 78495 Calle Tampico I A ilointa, Witornia 922531760.777.70001 www.laquintaca.gov BUSINESS SESSION ITEM NO. 1 City of La Q u i nta SEE SUPPLEMENTAL STAFF REPORT CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: AWARD CONTRACT FOR CONSTRUCTION OF THE AVENUE 50 AND AVENUE 52 PAVEMENT REHABILITATION PROJECT NOS. 2022-01 AND 2022- 14 RECOMMENDATION Award a contract to the lowest responsible and responsive bidder to construct the Avenue 50 and Avenue 52 Pavement Rehabilitation Project Nos. 2022-01 and 2022-14, respectively, at various locations and authorize the City Manager to execute the contract and approve future change orders within the project budget amount. EXECU FIVE ,UfV11VIAKr • This project will combine similar scopes of pavement rehabilitation for economies of scale. The proposed project location and scopes include (Attachment 1): o Avenue 50 from Eisenhower Drive to Washington Street. Work will include both pulverizing and replacing the existing pavement and grind and overlay. Additional work includes replacing non -compliant curb ramps and lane reduction from two (2) lanes to one (1) lane with buffered bike and cart lane. o Avenue 52 from Desert Club Drive to Washington Street. Work will include grind and overlay of the existing pavement. This project was originally included in the fiscal year (FY) 2021/2022 Pavement Management Program. o Avenue 52 from Washington Street to Talus Way. Work will include grind and overlay of the existing pavement. This project is proposed to replace the limits identified with Project 2022-14. o Avenue 52 from Madison Street to Monroe Street. Work will include both pulverizing and replacing the existing pavement and grind and overlay. Staff recommends including these limits as an additive alternate due to the additional scope and cost required to rehabilitate the road. • Bids will be opened June 19, 2023. Staff will provide bid results and recommend a contractor for award with a supplemental agenda report on June 20, 2023. SEE SUPPLEMENTAL STAFF REPORT - 635 FISCAL IMPACT The project is in the FY 2021/2022 and FY 2022/2023 Capital Improvement Program (CIP) and has General Funds assigned in the amount of $300,000 from the Pavement Management Plan (PMP) Project No. 2223PMP, and Measure A Funding in the amount of $1,600,000. The following is the anticipated overall project budget not including the proposed additive alternate*: Total Budget Design/Professional: $ 70,000 Inspection/Testing/Survey: $ 70,000 Construction: $ 1,600,000 Contingency: $ 160,000 Total Budget: $ 1,900,000 *Note: The engineer's construction estimate for the additive alternate is $575,000. Once the bid process is complete, Staff will request Council to approve budget appropriations and contract award. BACKGROUND/ANALYSIS This project combines the pavement rehabilitation projects proposed on Avenue 50 and Avenue 52 to increase the square footage of asphalt concrete to reduce the impact of material costs through economies of scale. Avenue 52 pavement rehabilitation limits are changed from Madison Street to Monroe Street to the new limits of Washington Street to Talus Way. Avenue 52, from Madison Street to Monroe Street, requires a more extensive pavement rehabilitation method than the budget initially anticipated and is included in the project as an additive alternate. Contingent upon approval to award on June 20, 2023, the following is the project schedule: Council Considers Project Award June 20, 2023 Execute Contract and Mobilize June 21 to July 10, 2023 Construction (35 Working Days) July 10 to August 25, 2023 Accept Improvements September 2023 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map SEE SUPPLEMENTAL STAFF REPORT - 636 Vicinity Map ATTACHMENT 1 Avenue 50 and Avenue 52 Pavement Rehabilitation Legend Blueline Streams City Areas World Street Map Notes Projects 2022-01 and 2022-14 'IMPORTANT" Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no RC T warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of 0 6,019 12,037 Feet the user. REPORT PRINTED ON...5/4/2023 11:10:37 PM © Riverside County GIS SEE SUPPLEMENTAL STAFF REPORT - 637 638 City of La Quinta CITY COUNCIL MEETIN( STAFF REPORT June 20, 2023 BUSINESS SESSION ITEM NO. 1 SUPPLEMENTAL STAFF REPORT AGENDA TITLE: APPROPRIATE ADDITIONAL FUNDING IN THE AMOUNT OF $700,000; AND AWARD A CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR THE AVENUE 50 AND AVENUE 52 PAVEMENT REHABILITATION IMPROVEMENTS PROJECT NOS. 2022-01 & 2022-14, LOCATED ALONG AVENUE 50 AND AVENUE 52 IN VARIOUS LOCATIONS RECOMMENDATION Appropriate additional funding in the amount of $700,000; award a contract to Granite Construction Company to construct the Avenue 50 and Avenue 52 Pavement Rehabilitation Project Nos. 2022-01 and 2022-14 at various locations; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount. XECUTIVE SUMMARY • This is a supplemental council report. • Granite Construction Company of Indio, California, submitted the lowest responsive bid at $2,467,520. The amount includes three additive alternates for adjusting Coachella Valley Water District (CVWD) utilities and rehabilitating the pavement on Avenue 52 from Madison Street to Monroe Street. FISCAL IMPACT The project is in the fiscal year (FY) 2021/2022 and FY 2022/23 Capital Improvement Program (CIP) and has General Funds assigned in the amount of $497,520, from the 2223 PMP project account; and Measure A Funding in the amount of $1,600,000 from the combination of 2022-01 and 2022-14. Staff recommends appropriating an additional $700,000 from the General Fund to repair the pavement on Avenue 52 from Madison Street to Monroe Street. The following is the recommended overall project budget, including the proposed additive alternates.* Recommended Budget Design/Professional: $ 70,000 Inspection/Testing/Survey: $ 100,000 Construction: $ 2,467,520 Contingency: $ 160,000 Total Budget: $ 2,797,520 SUPPLEMENTAL STAFF REPORT - 635-S *Note: CVWD will reimburse the City $59,360 for utility adjustments represented by additive alternates one (1) and two (2). BACKGROUND/ANALYSIS Staff combined the pavement rehabilitation projects proposed on Avenue 50 and Avenue 52 to increase the square footage of asphalt concrete to reduce the impact of material costs through economies of scale. Staff also anticipated that the mobilization costs would be reduced in comparison to the three projects being constructed at different times. Bids came in higher than the original estimate. Unit costs were evaluated and are considered to be higher due to the general market trend on slight increases across all bid item work and materials. Striping was the largest increase with striping materials increasing significantly. Staff recommends awarding the additive alternate for Avenue 52 pavement rehabilitation limits from Madison Street to Monroe Street at this time to reduce the chance of additional price increases and to take advantage of the reduced additional mobilization cost provided. On May 16, 2023, City Council authorized staff to advertise the project for construction bids. The City received four (4) bids on June 19, 2023 (Attachment 1). The following is the proposed project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (40 Working Days) Accept Improvements ALTERNATIVES June 20, 2023 June 21 to July 30, 2023 August/October 2023 October 2023 Council may elect to not award Avenue 52 pavement rehabilitation limits from Madison Street to Monroe Street at this time. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/ City Engineer Attachment: 1. Bid Comparison Summary SUPPLEMENTAL STAFF REPORT - 636-S Bid Opening Date: 06/19/2023 Avenue 50 Avenue 52 Pavement Rehabilitation City Project No. 2022-01 and 2022-14 Attachment 1 - Bid Comparison Engineer's Estimate - Base Bid Avenue 50 (Eisenhower to Washington) and Avenue 52 (Desert Club to Granite Construction Company Matich Corporation ATP General Engineering Contrators Hardy & Harper, Inc. SilverRockfralus) Rehabilitation Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 $ 45,000.00 $ 45,000.00 $ 41,547.00 $ 41,547.00 1 190,000.00 $ 190,000.00 $ 200,000.00 $ 200,000.00 $ 200,270.00 $ 200,270.00 2 Traffic Control LS 1 $ 40,000.00 $ 40,050.00 $ 77,000.00 $ 77,000.00 $ 97,000.00 $ 97,000.00 $ 164,500.00 $ 164,500.00 $ 325,000.00 $ 325,000.00 3 Dust Control LS 1 $ 4,500.00 $ 4,500.00 $ 3,500.00 $ 3,500.00 $ 5,400.00 $ 5,400.00 $ 50,000.00 $ 50,000.00 $ 28,000.00 $ 28,000.00 4 2" Grind and Overlay SF 460,340 $ 1.50 $ 690,510.00 $ 1.85 $ 851,629.00 $ 1.58 $ 727,337.20 $ 1.55 $ 713,527.00 $ 1.70 $ 782,578.00 5 Earthwork LS 1 $ 60,000.00 $ 60,000.00 $ 75,000.00 $ 75,000.00 $ 180,000.00 $ 180,000.00 $ 45.000.00 $ 45,000.00 $ 50,000.00 $ 50,000.00 6 Pulverize 9" of Red Section - Three Step SF 154,680 $ 0.80 $ 123,744.00 $ 0.45 $ 69,606.00 $ 0.42 $ 64,965.60 $ 1.80 $ 278,424.00 $ 2.75 $ 425,370.00 Process 7 Construct 5" Asphalt Concrete Over SF 154,680 $ 3.25 $ 502,710.00 $ 3.25 $ 502,710.00 $ 2.94 $ 454,759.20 $ 3.00 $ 464,040.00 $ 3.40 $ 525,912.00 Pulverized Base Remove and Construct 4.5" AC over 6" AB, 8 over 12" scarified and compacted subgrade SF 1,895 $ 15.00 $ 28,425.00 $ 13.00 $ 24,635.00 $ 9.50 $ 18,002.50 $ 15.00 $ 28,425.00 $ 16.00 $ 30,320.00 er CLQ STD. 195 Sawcut, Remove, and Dispose of Existing 9 Concrete Curb Ramp, Includes Curb and SF 1,405 $ 8.00 $ 11,240.00 $ 10.00 $ 14,050.00 $ 9.50 $ 13,347.50 $ 9.00 $ 12,645.00 $ 10.00 $ 14,050.00 Gutter (Limits 5' beyond BCR to 5' beyond ECR Construct Concrete Curb Ramp per City of La 10 Quints Std. No. 250, Case A, including 5' of EA 2 $ 14,000.00 $ 28,000.00 $ 12,000.00 $ 24,000.00 $ 7,400.00 $ 14,800.00 $ 7,000.00 $ 14,000.00 $ 15,000.00 $ 30,000.00 sidewalk be and BCR to ECR 11 Lower and Raise Drainage Manhole to Grade EA 5 $ 1,000.00 $ 5,000.00 $ 2,260.00 $ 11,300.00 $ 2,500.00 $ 12,500.00 $ 1,450.00 $ 7,250.00 $ 2,800.00 $ 14,000.00 Grade Parkway, Remove, Modify, and 12 Replace Landscape and Irrigation in Kind to LS 1 $ 7,000.00 $ 7,000.00 $ 6,000.00 $ 6,000.00 $ 10,600.00 $ 10,600.00 $ 8,000.00 $ 8,000.00 $ 5,000.00 $ 5,000.00 Furthest Extent Possible to Join proposed Curb Ramp 13 Salvage to City Existing Pull box and Furnish EA 5 $ 1,100.00 $ 5,500.00 $ 1,000.00 $ 5,000.00 $ 1,060.00 $ 5,300.00 $ 1,000.00 $ 5,000.00 $ 1,500.00 $ 7,500.00 and Install new No. 6 Pull Box 14 Signing and Striping Including All Incidentals LS 1 $ 50,000.00 $ 50,000.00 $ 66,840.00 $ 66,840.00 $ 139,000.00 $ 139,000.00 $ 67,000.00 $ 67,000.00 $ 175,000.00 $ 175,000.00 Sub -Total Base Bid: $ 1,601,629.00 $ 1,772,817.00 $ 1,933,012.00 $ 2,057,811.00 $ 2,613,000.00 Item Item Description I Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Sewer Manhole per CVWD Standards EA 4 $ 1,100.00 $ 4,400.00 $ 660.00 $ 2,640.00 $ 1,540.00 $ 6,160.00 $ 1,450.00 $ 5,800.00 $ 1,500.00 $ 6,000.00 2 Raise Sewer Manhole per CVWD Standards EA 4 $ 1,400.00 $ 5,600.00 $ 1,600.00 $ 6,400.00 $ 1,780.00 1 $ 7,120.00 $ 1,675.00 $ 6,700.00 $ 1,750.00 $ 7,000.00 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Water Valve per CVWD Standards EA 37 $ 1,000.00 $ 37,000.00 $ 360.00 $ 13.320.00 $ 450.00 $ 16,650.00 $ 250.00 $ 9,250.00 $ 1,000.00 $ 37,000.00 2 Raise Water Valve per CVWD Standards EA 37 $ 1,200.00 $ 44,400.00 $ 1,000.00 $ 37,000.00 $ 1,520.00 $ 56,240.00 $ 1, 150.00 $ 42,550.00 $ 1,000.00 1 $ 37,000,00 liuv,ozv.vvI li vl liDI.OVV.VVI I 14,VVV.VVI Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 $ 10,000.00 $ 10,000.00 $ 1,000.00 $ 1,000.00 $ 53,000.20 $ 53,000.20 $ 35,000.00 $ 35,000.00 $ 20,316.50 $ 20,316.50 2 Traffic Control LS 1 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 45,000.00 $ 45,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 3 Dust Control LS 1 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 1,500.00 $ 1,500.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 4a. 2" Grind and Overlay SF 87,600 $ 1.50 $ 131,400.00 $ 1.85 $ 162,060.00 $ 1.62 $ 141,912.00 $ 1.55 $ 135,780.00 $ 1.70 $ 148,920.00 4b. Earthwork LS 1 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 98,000.00 $ 98,000.00 $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 5 Pulverize 9" of Road Section -Three Step SF 97,190 $ 0.80 $ 77,752.00 $ 0.45 $ 43,735.50 $ 0.45 $ 43,735.50 $ 1.80 $ 174,942.00 $ 2.75 $ 267,272.50 Process 6 Construct 5" Asphalt Concrete Over SF 97,190 $ 3.00 $ 291,570.00 $ 3.25 $ 315,867.50 $ 2.97 $ 288,654.30 $ 3.00 $ 291,570.00 $ 3.40 $ 330,446.00 Pulverized Base Sawcut, Remove, and Dispose of Existing 7 Concrete Curb Ramp, Includes Curb and SF 600 $ 8.00 $ 4,800.00 $ 10.00 $ 6,000.00 $ 9.50 $ 5,700.00 $ 9.00 $ 5,400.00 $ 10.00 $ 6,000.00 Gutter (Limits 5' beyond BCR to 5' beyond ECR Construct Concrete Curb Ramp per City of La 8 Quints Std. No. 250, Case A, including 5' of EA 1 $ 14,000.00 $ 14,000.00 $ 12,000.00 $ 12,000.00 $ 7,400.00 $ 7,400.00 $ 7,000.00 $ 7,000.00 $ 15,000.00 $ 15,000.00 sidewalk beyond the BCR to ECR Grade Parkway, Remove, Modify, and 9 Replace Landscape and Irrigation in Kind to LS 1 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 7,200.00 $ 7,200.00 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 Furthest Extend Possible to Join proposed Curb Ram 10 Signing and Striping Including All Incidentals I LS I 1 $ 30,000.00 $ 1 $ 74,680.00 $ 1 $ 51,000.00 $ 1 $ 75,000.00 $ 1 $ 30,000.00 $ 30,000.00 I �• I Y oa r,u«.vu I I Y 03J,343.VU I Grand Total Base Bid Including Additive Alternates No. 1 , 2 & 3: $ 2,290,051.00 $ 2,467,520.00 Additive Alternates No. 1 , 2, & 3: $ 688,422.00 $ 694,703.00 Base Bid Only $ 1,601,629.00 $ 1,772,817.00 Miscalculations and rounding errors Li rw3,w�.uv I l a rrw,ne�.vu I 1 4 aoe,aoo.vu I $ 2,762,284.00 $ 2,896,803.00 $ 3,569,955.00 $ 829,272.00 $ 838,992.00 $ 956,955.00 $ 1,933,012.00 $ 2,057,811.00 $ 2,613,000.00 SUPPLEMENTAL STAFF REPORT - 637-S lofl City of La Quinta BUSINESS SESSION ITEM NO. 2 CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 6 TO GOLF COURSE MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR SILVERROCK GOLF COURSE MANAGEMENT SERVICES RECOMMENDATION Approve Amendment No. 6 to Golf Course Management Agreement with Landmark Golf Management, LLC to provide SilverRock golf course management services for three additional years until June 30, 2026, for a total not to exceed amount of $130,704 for fiscal year 2023/24 and an annual 5% increase for consecutive years; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY • In 2013, the City entered into a five-year Golf Course Management Agreement (Agreement) with Landmark Golf Management (Landmark) for SilverRock golf course management services, which was extended in 2018, 2019, 2020, 2021, and 2022 (Amendment Nos. 1, 2, 3, 4, and 5), and will expire effective June 30, 2023. • Amendment No. 6 (Attachment No. 1) will extend the term for three years, through June 30, 2026; the Agreement allows for additional extensions if desired to continue coordinating with the development of the hotels and other adjacent facilities. • Amendment No. 6 includes a 5% increase to the annual management fee from $124,488 to $130,704, with an annual 5% increase for consecutive years. FISCAL IMPACT The golf course annual management fee pursuant to Amendment No. 6 for 2023/24 would be $130,704, with an annual 5% increase for consecutive years. This amount is included in the proposed 2023/24 SilverRock Resort Annual Plan and the fiscal year (FY) 2023/24 budget in account 601-0000-60208. BACKGROUND/ANALYSIS In July 2013, the City entered into a five-year Agreement with Landmark for SilverRock golf course management services, which was extended in 2018 (Amendment No. 1), 639 2019 (Amendment No. 2), 2020 (Amendment No. 3); 2021 (Amendment No. 4); and in 2022 (Amendment No. 5); the term will expire on June 30, 2023. As SilverRock Development Company proceeds with construction of the hotels, conference center, and adjacent amenity buildings, it is in the best interest of everyone served to continue using Landmark as the golf course operator during this period. Amendment No. 6 provides the following changes: • Extend the term until June 30, 2026 (Section 2.2 Management Term); • Reinstate the deposits from the Golf Course Accounts for the 2% Capital Improvement funds until June 30, 2026 (Section 3.10.1 Capital Improvement Funds); • Increase the annual Management Fee by 5% for a total annual amount of $130,704 (Section 4.1.1) for (FY) 2023/24 and an annual 5% increase for consecutive years; • Reinstatement of the 2% Capital Improvement funds is recommended to ensure funding is available for anticipated improvements as aging infrastructure reaches its useful life. The estimated amount for FY 2023/24 is $82,000 and is included in the proposed SilverRock operating budget. ALTERNATIVES Due to the timeline of the development by SilverRock Development Company and the operational knowledge of the golf course by Landmark, no alternatives are recommended at this time. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Amendment No. 6 to Golf Course Management Agreement 640 ATTACHMENT 1 AMENDMENT NO. 6 TO GOLF COURSE MANAGEMENT AGREEMENT This Amendment No. 6 ("Amendment 6") to Golf Course Management Agreement ("Agreement") is made and entered as of the 1st day of July 2023 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation, and LANDMARK GOLF MANAGEMENT, LLC. ("Manager"). RECITALS WHEREAS, on or about July 1, 2013, the City and Manager entered into an Agreement to provide services related to managing golf course operations at SilverRock Resort; and WHEREAS, on or about July 1, 2018, the City and Manager executed Amendment No. 1 and mutually agreed to amend Section 4.1.1 increasing the Management Fee for a total not to exceed amount of $114,000, and to extend the term for one additional year from July 1, 2018 until June 30, 2019 ("Extended Term"); and WHEREAS, on or about June 19, 2019, the City and Manager executed Amendment No. 2 and mutually agreed to amend: • Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2019 to June 30, 2020 ("Extended Term"); and • Section 3.10.1 Capital Improvement Funds by suspending deposit from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2020; and • Section 4.1.1 Management Fee by increasing the annual management fee by 4% for a total not to exceed amount of $119,000 for fiscal year 2019/20; and • Section 8.1 Termination by City by granting the City sole discretion, without penalty or cause to terminate the Agreement on any date after June 30, 2020 with a minimum sixty (60) day prior Written Notice on early termination to Landmark. WHEREAS, on or about June 16, 2020, the City and Manager executed Amendment No. 3 and mutually agreed to amend: Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2020 to June 30, 2021 ("Extended Term"); and Section 4.1.1 Management Fee by decreasing the annual fee by 5% to a total not to exceed amount of $112,632 for fiscal year 2020/21. WHEREAS, on or about June 1, 2021, the City and Manager executed Amendment No. 4 and mutually agreed to amend: • Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2021 to June 30, 2022 ("Extended Term"); and 641 Section 3.10.1 Capital Improvement Funds by reinstating deposits from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2022; and Section 4.1.1 Management Fee by implementing an annual increase to the annual fee, reinstating it to the previous not to exceed amount of $118,560 for fiscal year 2021 /22. WHEREAS, on or about June 21, 2022, the City and Manager executed Amendment No. 5 and mutually agreed to amend: • Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2022 to June 30, 2023 ("Extended Term"); and • Section 3.10.1 Capital Improvement Funds by reinstating deposits from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2023; and • Section 4.1.1 Management Fee by implementing an annual increase to the annual fee, reinstating it to the previous not to exceed amount of $124,488 for fiscal year 2022/23. WHEREAS, City and Manager would like to execute Amendment No. 6 and mutually agree to extend the term of the Agreement for three additional years, from July 1, 2023 to June 30, 2026 ("Extended Term") pursuant to Section 2.2 Management Term; and WHEREAS, City and Manager mutually agree to reinstate deposits from the Golf Course Accounts for the 2% Capital Improvement Funds pursuant to Section 3.10.1 Capital Improvement Funds until June 30, 2026; and WHEREAS, City and Manager mutually agree to amend Section 4.1.1 Management Fee by implementing a five percent (5%) annual increase to the Management fee for a total not to exceed annual amount of $130,704 for fiscal year 2023/24 and an annual 5% increase for consecutive years; and WHEREAS, Section 8.1 Termination by City was amended via Amendment No. 2 to change the date by which the City, in its sole discretion, without penalty or cause, may terminate the Management Term on any date after June 30, 2020, with a minimum sixty (60) day prior Written Notice on early termination to Landmark, and will remain in full force and effect. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 642 AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 2.2 Management Term The Management Term shall commence July 1, 2023. The Management Term and this Agreement shall end on June 30, 2026. 3.10.1 Capital Improvement Funds City shall reinstate deposits from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2026. 4.1.1 Management Fees Manager shall receive from City an annual Management Fee in the amount of One Hundred and Thirty Thousand Seven Hundred and Four Dollars ($130,704) for fiscal year 2023/24 and an annual 5% increase for consecutive years. In all other respects, the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5 shall remain in effect. IN WITNESS WHEREOF, the City and Manager have executed this Amendment No. 6 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation and Charter City Bv: Jon McMillen, City Manager Date: ATTEST: Monika Radeva, Deputy City Clerk LANDMARK GOLF MANAGEMENT, LLC By: Andy Vossler, President & CEO Date: 643 City of La Quinta, California (City Seal) APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California 644 BUSINESS SESSION ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: ,tune 20, 2023 STAFF REPORT AGENDA TITLE: APPROVE SILVERROCK RESORT 2023/24 ANNUAL PLAN RECOMMENDATION Approve the SilverRock Resort 2023/24 Annual Plan. EXECUTIVE SUM11inmr<Y • Landmark Golf Management LLC (Landmark) manages the SilverRock Resort golf course and is required to provide an annual operations plan for Council's review and approval. • The SilverRock 2023/24 Annual Plan (Plan) (Attachment 1) reflects the projected number of rounds, revenues, and operation costs. • The golf operations are projected to have a net loss of $315,000 due to several factors including increased operational expenses and continued on -site construction. FISCAL IMPACT The General Fund is projected to underwrite $600,000 of the overall 2023/24 SilverRock expenses. The projected golf operations expenses (not including city staff oversight costs) are $5,179,432 and projected golf operations revenue is $4,866,439 for a net loss of $312,993. The City will also fund $210,000 for golf course and non -golf course management/oversight by City staff. All revenue and expenses will be included in the proposed 2023/24 City Budget. SilverRock Golf Course Operations Revenue $4,866,439 Operations Budget -$5,179,432 Net Revenue $312,993 SilverRock PropertyMana ement/Oversi ht General Fund Advance 600,000 City Management/Oversight -210000 Golf Course Net Revenue _-312,993 Final Surplus/(Deficit) 77,007 645 BACKGROUND/ANALYSIS In July 2013, the City entered into a Golf Course Management Agreement (Agreement) with Landmark. The Agreement requires an annual plan for golf operations. The Plan provides projected annual revenues and expenses, department costs, staffing and service levels. The Plan forecasts continuing the food service from the Ahmanson House and continuing the pro -shop from the temporary club house until the permanent club house opens. Additional assumptions include: 44,125 rounds of play; the average projected revenue is $102.27 per round, based on the total revenue (less food and beverage) divided by the total rounds. The average green fee is $93.16 The difference between revenue per round and the average green fee is the additional revenue generated from merchandise sales, and revenue from the driving range, including lessons. Revenue from the food and beverage operations is not included; • Minimum wage will remain at $15.50 per hour; Continuing the 2% annual contribution of approximately $82,000 to the capital reserve as contained in Amendment 2 of the Agreement. The current balance of the capital reserve is $530,300; Increasing the annual management fee by 5% per year, for the three-year extended term. The proposed advertising budget is $129,762 and is included in the Marketing Department expenses ($170,814) on page 18 of the Annual Plan. SilverRock will continue to be promoted as a premier golf destination, especially during hotel construction, via the internet, newspapers, magazines, directories, television, and radio. ALTERNATIVES Council may direct staff to make modifications to the Annual Plan. Prepared by: Bryan McKinney, P.E., Public Works Director/City Engineer Approved by: Jon McMillen, City Manager Attachment: 1. SilverRock Resort 2023/24 Annual Plan 646 ATTACHMENT 1 LVEPP\OCK 0 R E S O R T SilverRock Resort -Arnold Palmer Classic Course 2023-2024 ANNUAL PLAN Prepared For: City of La Quinta SilverRock Resort Prepared BT. Landmark Golf Management Submitted: June 1, 2023 647 SILVERROCK RESORT Annual Plan Fiscal Year 2023-2024 Table of Contents Part I -Project Overview Project Fact Sheet 1 Mission Statement 2 Philosophy Statement 3 Organizational Chart 4 Key Employee Staffing 5 Part II -Assumptions 2023-2024 Assumptions 6, 7, 8, 9 Part III -Operational Financial Projections 2023-2024 Consolidated Income Statement 10 Part IV -Department Detail Golf Rounds and Revenue 1 1 Golf Shop / Merchandise 12 Carts, Bagroom & Range 13 Course Services 14 Golf Course Maintenance 15, 16 General & Administrative 17 Marketing 18 Clubhouse 19 Miscellaneous 20 Part V-Food and Beverage Department Detail 21 Part VI -Other Marketing Narrative Plan 22,23 648 SILVERROCK" RESRT PROJECT FACT SHEET COURSE NAME SilverRock Resort -Arnold Palmer Classic Course ADDRESS 79-179 Ahmanson Lane, La Quinta, Ca. 92253 TELEPHONE 1-888-600-7272 1-760-777-8884 WEBSITE WWW.SILVERROCK.ORG MANAGEMENT COURSE YARDAGE GRASS TYPES OWNER MANAGED BY DATE COURSE OPENED Randy Duncan, PGA, Director of Golf / General Manager Chris Hoyer, Golf Course Superintendent SILVER 7,239 PAR 72 GOLD 6,809 PAR 72 BLUE 6,313 PAR 72 WHITE 5,669 PAR 72 GREEN 5,089 PAR 72 RED 4,542 PAR 72 GREENS: FAIRWAY / TEES: ROUGHS: CITY OF LA QUINTA TIF DWARF TIF SPORT / 419 TIF SPORT / 419 LANDMARK GOLF MANAGEMENT, LLC 74-947 HIGHWAY 111, SUITE 215 INDIAN WELLS, CA 92210 PHONE: (760) 776-6688 February 14, 2005 649 SILVERROCK RESORT Annual Plan Fiscal Year 2023-2024 Mission Statement "TO BE THE BEST" "TO HAVE THE BEST GOLF FACILITIES" "TO HAVE THE BEST GOLF COURSE CONDITIONS" "TO PROVIDE THE BEST SERVICE" SilverRock Resort is dedicated to providing the finest public golf experience. All Staff Members of the facility play an important role in our Mission. Staff is supported through training and resources to ensure success. SilverRock Resort aspires to represent ownership and management with the highest standard of service in the Golf/Resort Industry and produce superior golf course conditions to meet and exceed the goals. Goals and Objectives: To support our Mission Statement and to achieve the projected Annual Plan; SilverRock Resort will pursue the following goals and objectives: • To hire and train staff members that will provide a high standard of guest services and maintain the highest level of course conditions • To maintain and pursue an aggressive Marketing Plan that benefits/acknowledges the La Quinta Residents, local residents, avid tourist golfers and golfing public • To have each Department operate within their annual budget allowing SilverRock Resort to reach the net operating goals 650 SILVERROCK RESORT Annual Plan Fiscal Year 2023-2024 PHILOSOPHY STATEMENT After eighteen and a half years of operations, an Annual Plan accommodated the operational start-up through and including grow -in, final construction of the Arnold Palmer Classic Course, a notable Grand Opening Celebration and four successful years as one of the home courses of the Bob Hope Classic. As the 2023-2024 Annual Plan is implemented, focus will continue to be on broadening the awareness, marketability and noteworthiness of SilverRock Resort's Arnold Palmer Classic Course, golf facilities and amenities. The philosophy that Landmark Golf Management perpetuates at SilverRock Resort is: an operation that allows management to utilize golf industry best -practices in accommodating market -driven demands as market shifts may occur. Each golf course facility has its own personality and characteristics; therefore, each golf operation is unique to some degree and should be managed with personality and characteristics taken into consideration. Golf operators that adjust procedures to short and long term market and industry fluctuations are better suited to maximize opportunities. In this upcoming twelve months of operations, Landmark Golf Management will put forth every effort to best position SilverRock Resort as a place to frequent in the eyes and minds of the influential decision makers in the world of golf. BRAND PROMISE Discover the mystique of SilverRock Resort, the crown jewel of La Quinta and its golf legacy. Rich in both history and legend, the majestic Santa Rosa Mountains frame an unwavering commitment to an exceptional experience at SilverRock Resort. Our Promise: Exceptional in All, For All, Always. 651 652 Golf Shop Head Golf Professional Asst. Golf Professionals Golf Shop Buyer Sales Associates Guest / Outside Service Outside Services Manager Carts/Bag Room Shuttle/Valet Starters/Rangers Driving Rana. Golf Course Maintenance Asst. Superintendent Mechanic(s) Irrigation Technician Spray Technician Greenskeeper(s) I Administrative Asst. Annual Plan 2023-2024 SRR.xls City of La Quinta City Council & Staff City Manager Landmark Golf Management Management Team SilverRock - Randy Duncan General Mgr. / Director of Golf Accounting Controller / Human Resources LF Admin. Asst. To Controller & GM Food & Beverage F&B Manager Restaurant F&B Server(s) / Cart Attendent(s) Marketing & Sales Tournament Sales Manager 653 Key Employee Staffing RUN DATE: 01-Jun-23 PREEAREDEY: Landmark Golf Management 2023-2024 ANNUAL PLAN DEPARTMENT SUMMARY JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. GOLF OPERATION OUTSIDE SERVICES OUTSIDE SERVICES MANAGER (FULL TIME) 1 1 1 1 1 1 1 1 1 1 1 1 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) 1 1 1 1 1 1 1 1 1 1 1 1 DRIVING RANGE (PART-TIME) 1 1 1 1 1 1 2 2 2 2 1 1 CART/BAG/VALET/BAG DROP (FULL-TIME) 0 0 0 0 0 0 0 0 0 0 0 0 CART/BAG/VALET/BAG DROP (PART-TIME) 3 3 4 6 9 9 9 9 9 9 8 4 SHUTTLE DRIVER (PART-TIME) 1 1 1 1 2 2 2 2 2 2 0 0 GOLF SHOP HEAD GOLF PROFESSIONAL (FULL TIME) 1ST ASSISTANT PROFESSIONAL (FULLTIME) MERCHANDISER (FULLTIME) ASSISTANT PROFESSIONAL (FULLTIME) SALES CLERKS (FULL TIME) SALES CLERKS (PART TIME) COURSE SERVICES STARTERS (PART TIME) RANGER/MARSHALS (PART TIME) GOLF COURSE MAINTENANCE SUPERINTENDENT (FULLTIME) ASST SUPERINTENDENT (FULLTIME) FOREMAN/SPRAY TECHNICIAN (FULLTIME) HEAD MECHANIC / FACILITY MANAGER (FULL TIME) ASST MECHANIC (FULL TIME) HEAD IRRIGATOR (FULL TIME) ASST IRRIGATOR (FULLTIME) GREENKEEPERS (FULL TIME) ADMINISTRATIVE ASSISTANT (PART TIME) TOTAL TURF & ADMIN TOTAL COURSE MAINTENANCE FOOD & BEVERAGE F & B MANAGER / SUPERVISOR (FULL TIME) CHEF (FULLTIME) COOK (FULL TIME) PREP COOK (FULL TIME) LEAD SERVER (FULL-TIME) F & B WAIT/BEVERAGE CARTMALF(FULL TIME) F & B WAIT/BEVERAGE CART/HALF(PART TIME) BUSER / DISHWASHER (PART TIME) G&A DIRECTOR OF GOLF/GM (FULL TIME) CLUB CONTROLLER (FULL TIME) ADMINISTRATIVE ASSISTANT (FULLTIME) CONSULTANT TO CONTROLLER TOURNAMENT SALES / GROUP COORDINATOR (FULL TIME) TOTAL EMPLOYEES 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 7 7 7 7 7 7 7 7 7 7 7 7 3 3 3 3 3 3 3 3 3 3 3 3 1 1 1 1 4 4 4 4 4 4 1 1 4 4 4 4 7 7 7 7 7 7 4 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10 10 12 12 12 12 12 12 12 12 12 12 0 0 0 0 0 0 0 0 0 0 0 0 5 5 6 4 9 13 13 13 13 11 7 7 3 3 3 3 3 3 3 3 3 3 3 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 0 0 0 0 0 0 4 4 4 4 3 3 3 3 3 3 3 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 45 45 49 49 60 64 65 65 65 63 52 48 654 SILVERROCK RESORT 2023-2024 ANNUAL PLAN 2023-2024 Assumptions Revenue Operations It is assumed there will be ongoing significant hotel/commercial construction occurring during the fiscal year 2023-2024, which will have an impact on golf course operations during the summer of 2023 and into the entire season of 2023-2024. It is assumed, max revenue is not achievable given the current state of construction; unsightly construction fences, temporary dirt cart paths, construction noises/dust, temporary facilities, construction trash which consistently spill over to the course, reduced practice facilities, etc... In addition, access to the Ahmanson Ranch House and parking will continue to be limited which will result in a reduction in Food & Beverage Sales for the 2023-2024 fiscal year. However, all efforts are being made to make the experience the best it can possibly be despite the current state of construction challenges at SilverRock. It is assumed the Permanent Clubhouse will not open during the time of this Annual Plan 2023- 2024. The optimal time for this transition to occur would be Fall 2024 or during the period of time when the golf courses closes for overseeding. It is assumed, the golf course will remain SilverRock, the rebranding to Talus Golf Club will occur at a future date. It will also be assumed Golf Operations will continue to operate out of a Temporary Clubhouse located in the "dog bone" area adjacent to hole #2 tee boxes until Permanent Clubhouse opens. The SilverRock Grill will remain open at the existing Ahmanson Clubhouse in its current location until the Permanent Clubhouse opens. Golf & Merchandise • July -August, the last tee time will be 12:50 pm w/ golf shop hours being 6:00 am to 2:00 pm daily. • Reduced traffic (due to ongoing construction) in golf shop will have a negative impact on merchandise sales July through October 2023. Food & Beverage • The Ahmanson Ranch House and the Grill at SilverRock will continue to operate with reduced access and hours of operation during the summer of 2023 or from July 1, 2023 through October 2023. 655 SILVERROCK RESORT 2023-2024 ANNUAL PLAN Green Fees: A green fee includes golf cart and warm-up range balls. A combination of the various green fee rates and green fee mix of Regular, Twilight, and Resident play is anticipated to yield an average rate of $93.16 per round based on 44,125 annual rounds. The non-resident green fee rates for the 2023-2024 fiscal year are projected to remain consistent with the prior year but may vary depending upon market conditions. Green fee rates will continue to be based market conditions, dynamic pricing and course utilization levels. La Quinta Resident rates will remain the same as prior year; $60 (high season), $49 (shoulder seasons) and $35 (summer season). Accompanied La Quinta Resident Guests will continue to received 30% off prevailing posted rates (not including twilight or any discounted rates) and will follow similar booking procedures as extended to a La Quinta Resident Card Holder; booking three (3) days in advance. It is assumed the overseeding dates will be October 2 through October 31, 2023. Annually overseeding reduces revenues during these dates which is taken into consideration in these projections with the course being closed these dates. For the fiscal year 2023-2024, it is also projected that aerification will occur in August 2023 and June of 2024 which reduces revenue for 5- 7 days with each of these two (2) aerification cycles. Greens Fee Mix: Through proper marketing, yield management, and limited advanced Resident bookings the projected mix of green fees is: 30% Resident, 25% Public, 10% Public Twilight, & 35% Other (tournaments, wholesalers, juniors, resident guests, replays and discounts). Miscellaneous and Other Revenue: Is based on $3.54 per round. This consists of golf club rentals, golf club repairs, handicap fees, driving range fees, rider fees, and Independent Contractor's Fees (Teaching Professionals). Golf Shop Merchandise: Is based on retail sales of $5.57 per round. Resident Card Fees: All resident card distribution and renewals will be issued out of the Wellness Center for 2023-2024 Annual Plan. As a result, Annual Revenues of approximately $165,000 will be omitted from SilverRock's revenue projections. Cost of Goods Sold Merchandise 55 % Food & Beverage 33 % 656 SILVERROCK RESORT 2023-2024 ANNUAL PLAN Expenses Golf Carts, Bag Room, and Driving Range: Includes outside service, bag room, and driving range staff plus supplies and operating expense for this department. Additional shuttle shifts will remain in this year's Annual Plan to shuttle customers down and back from the restaurant, driving range and practice area. This is a result of the location of the temporary golf clubhouse and the existing restaurant at the Ahmanson Ranch House. Per California State Law, there is not a mandated pay increase for the year 2024. The current rate of $15.50 per hour will be used to calculate minimum wage for this Annual Plan. Golf Shop: Includes golf professionals, merchandising sales staff, receiving staff and golf shop operational expenses. Per California State Law, there is not a mandated pay increase for the year 2024. The current rate of $15.50 per hour will be used to calculate minimum wage for this Annual Plan. Course Services: Includes course service staff consisting of course rangers/starters and related department supplies and materials. Per California State Law, there is not a mandated pay increase for the year 2024. The current rate of $15.50 per hour will be used to calculate minimum wage for this Annual Plan. Golf Course Maintenance: Includes compensation and payroll related costs for the Golf Course Maintenance Superintendent, grounds maintenance staff, supplies, and materials. Overseeding dates are projected to be October 2-31, 2023, which results in projected higher labor cost and supply costs during the annual overseeding process. Golf Course Superintendent Education, training and travel expense are included in the 2023-2024 Annual Plan. In addition, Front Entry and Perimeter Landscape Maintenance are accounted for in this department's operating budget. Per California State Law, there is not a mandated pay increase for the year 2024. The current rate of $15.50 per hour will be used to calculate minimum wage for this Annual Plan. Water & Electrical: The 2023-2024 Annual Plan includes water and electrical costs to irrigate the golf course & properly maintain the lake system. This is accounted for in the Golf Course Maintenance budget. Projected Annual Electric costs of $166,940 will cover 100% of the facilities electric costs including; front entry waterfall, water well pump, golf course pump station, north village lake waterfalls & circulation pumps, cart storage area and both clubhouses. These expenses will continue to be budgeted in the 2023-2024 Annual Plan as water and electrical costs. 657 SILVERROCK RESORT 2023-2024 ANNUAL PLAN Food & Beverage: Includes food & beverage staff and expenses for the temporary clubhouse. There is a separate Agreement for the Food & Beverage Department including the Liquor License arrangement between the City and Landmark Golf Management. Per California State Law, there is not a mandated pay increase for the year 2024. The current rate of $15.50 per hour will be used to calculate minimum wage for this Annual Plan Marketing: Includes marketing, public relations, advertising, web page, collateral and tournament sales, etc. Refer to pages 21 & 22, for the Marketing Plan Narrative. Clubhouse: Clubhouse expenses, maintenance/cleaning staff, landscape maintenance, parking lot and entry drive clean up. Roving patrol expenses to secure the entire property of SilverRock continues to be included in this department's operating budget. Management Fee: For the 2023-2024 Annual Plan, Landmark's Management Fee will be increased 5% to $10,892 per month. Insurance: Per requirements of the Golf Course Management Agreement in the Annual Plan is the cost for comprehensive golf club insurance policy, general liability, property, equipment and business interruption etc. G&A: Expenses include General Manager, Controller & Administrative Assistant Salaries, Professional Fees, Payroll Processing Fees, Equipment Expenses, Equipment Rental and Resident Card Expenses. Personal Property Lease Tax: Exempt, except personal property taxes on equipment purchases or leases which are included in this Annual Plan. Capital Reserves: Capital Reserves of 2% of green fees will be reallocated in the 2023-2024 Annual Plan upon City of La Quinta Staff direction. Golf Carts Lease: Golf carts are leased for the Golf Club. For the 2023-2024 Fiscal Year, this will be the last and final year of the lease for the current fleet of golf carts. The budgeted lease amount of $10,586 per month will remain for months July -October 2023, and then increase to $14,000 per month beginning November 2023. GPS Lease: Monthly golf cart GPS rental/lease expense for the fleet of golf carts is $2,900 per month and will remain unchanged from the prior year. 658 2023-2024 ANNUAL PLAN SilverRock Resort CONSOLIDATED INCOME STATEMENT aon o.re. oWov rr.�,,rr FOR FISCAL YEAR - JULY 2023 - JUNE 2024 rnanneoev. r..em..�car ..�.m..r DEPARTMENT BUDGET JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. ROUNDS ROUNDS 44,125 1,850 1,750 2,400 200 5,400 4,610 4,800 5,200 6,100 5,215 4,300 2,300 REVENUE GREEN FEES 4,110,847 89,448 84,613 165,648 13,910 546,480 444,635 480,960 602,940 701,195 488,124 354,320 138,575 MISC. REV/RANGE/CARTS/RENTALS 156,180 3,900 3,350 3,900 800 17,400 18,500 23,800 26,550 27,400 15,040 10,395 5,145 GOLF SHOP MERCHANDISE 245,623 5,365 5,075 8,400 500 29,700 27,660 28,800 36,400 42,700 28,683 21,070 11,270 FOOD & BEVERAGE 710,099 22,663 15,750 20,880 1,500 87,780 77,679 82,032 97,760 108,580 97,652 63,899 33,925 TOTAL REVENUE 5,222,748 121,375 108,788 198,828 16,710 681,360 568,473 615,592 763,650 879,875 629,499 449,684 188,915 COST OF SALES PRO SHOP 137,475 3,003 2,840 4,701 280 16,623 15,481 16,119 20,373 23,899 16,054 11,793 6,308 FOOD & BEVERAGE 218,834 8,331 6,317 7,396 2,335 25,314 23,984 24,746 29,187 31,814 28,173 18,972 12,265 TOTAL COST OF SALES 356,309 11,334 9,157 12,097 2,615 41,937 39,466 40,865 49,560 55,714 44,227 30,764 18,573 GROSS PROFIT 4,866,439 110,041 99,630 186,731 14,095 639,423 529,007 574,727 714,090 824,161 585,272 418,919 170,342 OPERATING EXPENSES GOLF CARTS\BAGS\RANGE 426,237 22,215 22,215 23,340 19,032 50,270 48,132 45,074 46,756 46,381 45,881 33,255 23,686 GOLF SHOP 259,447 16,075 16,075 16,075 11,981 23,805 24,984 27,061 25,546 25,546 25,098 26,255 20,948 COURSE SERVICES 116,521 3,902 3,902 4,453 4,106 14,984 15,159 14,984 14,934 14,934 12,335 6,412 6,412 GOLF COURSE MAINTENANCE 2,005,608 142,089 121,386 150,712 401,159 151,193 153,971 141,071 149,676 147,780 156,714 137,477 152,382 WATER & ELECTRIC COST 282,424 24,250 23,360 24,610 25,410 28,000 19,515 21,300 20,220 21,250 24,220 26,750 23,539 GENERAL & ADMINISTRATIVE 472,307 41,362 41,512 39,598 39,065 37,596 42,882 39,982 39,232 38,982 36,982 37,282 37,832 MARKETING 170,814 4,540 4,540 5,635 19,590 21,935 18,252 20,457 21,602 18,777 15,082 12,327 8,082 CLUBHOUSE 185,512 15,301 15,301 15,301 15,801 15,301 15,301 15,801 15,301 15,801 15,301 15,301 15,701 MANAGEMENT FEE 130,704 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 CAPITAL RESERVES 82,217 1,789 1,692 3,313 278 10,930 8,893 9,619 12,059 14,024 9,762 7,086 2,772 INSURANCE 107,000 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 PERSONAL PROPERTY LEASE TAXES 23,600 5,200 0 4,000 2,600 0 0 0 0 0 0 0 11,800 LEASES 425,344 32,636 32,636 32,636 32,636 36,850 36,850 36,850 36,850 36,850 36,850 36,850 36,850 FOOD & BEVERAGE 491,697 30,014 29,739 31,459 18,794 40,260 55,003 57,218 55,273 56,268 48,465 36,162 33,043 TOTAL OPERATING EXPENSES 5,179,432 359,181 332,166 370,940 610,261 450,932 458,749 449,225 457,257 456,401 446,499 394,966 392,856 NET INCOME (312,993) (249,140) (232,536) (184,209) (596,165) 188,491 70,258 125,502 256,833 367,761 138,773 23,953 (222,514) NET INCOME % -6.0% -205.3 % -213.8 % -92.6 % -3567.7 % 27.7 % 12.4 % 20.4 % 33.6 % 41.8 % 22.0 % 5.3 % -117.8 % Average Green Fee $93.16 $48.35 $48.35 $69.02 $69.55 $101.20 $96.45 $100.20 $115.95 $114.95 $93.60 $82.40 $60.25 Average $ Misc. Income per Rd $3.54 $2.11 $1.91 $1.63 $4.00 $3.22 $4.01 $4.96 $5.11 $4.49 $2.88 $2.42 $2.24 Average $ Merchandise per Rd $5.57 $2.90 $2.90 $3.50 $2.50 $5.50 $6.00 $6.00 $7.00 $7.00 $5.50 $4.90 $4.90 Total Average Revenue per Round $102.27 $65.61 $62.16 $82.85 $83.55 $126.18 $123.31 $128.25 $146.86 $144.24 $120.71 $104.58 $82.14 659 2023-2024 ANNUAL PLAN SilverRock Resort RUN DATE: 02-Jun.23 11:02 AM Pro ectione . Jul 2023 to June 2024 PREPARED BY: Laedm,& Golf Management Golf Rounds Total JUL. AUG. SEP. IFOCT. I NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. Resident Rnds (Weekday) 7,501 315 298 408 34 918 784 816 884 1037 887 731 391 Resident Rnds (Weekend) 5,736 241 228 312 26 702 599 624 676 793 678 559 299 Sub -Total Resident Rnds 13,238 555 525 720 60 1620 1383 1440 1560 1830 1565 1290 690 of Total 0.30 Public Rnds (Weekday) 8,825 370 350 480 40 1080 922 960 1040 1220 1043 860 460 Public Rnds (Weekend) 6,619 278 263 360 30 810 692 720 780 915 782 645 345 Sub -Total Public Rnds 15,444 648 613 840 70 1890 1614 1680 1820 2135 1825 1505 805 of Total 0.35 Public Twi (Weekday) 4,854 204 193 264 22 594 507 528 572 671 574 473 253 Public Twi (Weekend) 3,971 167 158 216 18 486 415 432 468 549 469 387 207 Sub -Total Twilight Rnds 8,825 370 350 480 40 1080 922 960 1040 1220 1043 860 460 of Total 0.20 Other (Weekday) 3,971 167 158 216 18 486 415 432 468 549 469 387 207 Other (Weekend) 2,648 ill 105 144 12 324 277 288 312 366 313 258 138 Sub -Total Other 6,619 278 613 840 70 1890 1614 1680 1820 2135 1825 1505 805 % of Total 0.15 Total Rounds 44,125 a1!!!rL 1,750 2,400 200 5,400 4,610 4,800 5,200 6,100 527 Green Fees Resident Rnds (Weekday) $ 33.00 $ 33.00 $ 40.00 $ 49.00 $ 49.00 $ 49.00 $ 60.00 $ 60.00 $ 60.00 $ 49.00 $ 49.00 $ 49.00 Resident Rnds (Weekend) $ 33.00 $ 33.00 $ 49.00 $ 49.00 $ 49.00 $ 49.00 $ 60.00 $ 60.00 $ 60.00 $ 49.00 $ 49.00 $ 49.00 Public Rnds (Weekday) $ 50.00 $ 50.00 $ 65.00 $ 75.00 $ 125.00 $ 120.00 $ 120.00 $ 150.00 $ 150.00 $ 120.00 $ 105.00 $ 60.00 Public Rnds (Weekend) $ 60.00 $ 60.00 $ 100.00 $ 85.00 $ 135.00 $ 125.00 $ 125.00 $ 155.00 $ 155.00 $ 125.00 $ 115.00 $ 75.00 Public Twi (Weekday) $ 50.00 $ 50.00 $ 65.00 $ 80.00 $ 105.00 $ 105.00 $ 105.00 $ 120.00 $ 115.00 $ 90.00 $ 85.00 $ 65.00 Public Twi (Weekend) $ 65.00 $ 65.00 $ 95.00 $ 80.00 $ 115.00 $ 105.00 $ 110.00 $ 135.00 $ 130.00 $ 105.00 $ 95.00 $ 75.00 Other (Weekday) $ 50.00 $ 50.00 $ 65.00 $ 70.00 $ 125.00 $ 120.00 $ 120.00 $ 125.00 $ 125.00 $ 110.00 $ 75.00 $ 50.00 Other (Weekend) $ 60.00 $ 60.00 $ 105.00 $ 80.00 $ 135.00 $ 120.00 $ 120.00 $ 135.00 $ 135.00 $ 115.00 $ 80.00 $ 65.00 Golf Revenue Resident Rnds (Weekday) 384,204 $ 10,379 $ 9,818 $ 16,320 $ 1,666 $ 44,982 $ 38,401 $ 48,960 $ 53,040 $ 62,220 $ 43,441 $ 35,819 $ 19,159 Resident Rnds (Weekend) 296,611 $ 7,937 $ 7,508 $ 15,288 $ 1,274 $ 34,398 $ 29,366 $ 37,440 $ 40,560 $ 47,580 $ 33,220 $ 27,391 $ 14,651 Public Rnds (Weekday) 1,013,100 $ 18,500 $ 17,500 $ 31,200 $ 3,000 $ 135,000 $ 110,640 $ 115,200 $ 156,000 $ 183,000 $ 125,160 $ 90,300 $ 27,600 Public Rnds (Weekend) 817,294 $ 16,650 $ 15,750 $ 36,000 $ 2,550 $ 109,350 $ 86,438 $ 90,000 $ 120,900 $ 141,825 $ 97,781 $ 74,175 $ 25,875 Public Twi (Weekday) 463,859 $ 10,175 $ 9,625 $ 17,160 $ 1,760 $ 62,370 $ 53,246 $ 55,440 $ 68,640 $ 77,165 $ 51,629 $ 40,205 $ 16,445 Public Twi (Weekend) 426,116 $ 10,823 $ 10,238 $ 20,520 $ 1,440 $ 55,890 $ 43,565 $ 47,520 $ 63,180 $ 71,370 $ 49,282 $ 36,765 $ 15,525 Other (Weekday) 412,007 $ 8,325 $ 7,875 $ 14,040 $ 1,260 $ 60,750 $ 49,788 $ 51,840 $ 58,500 $ 68,625 $ 51,629 $ 29,025 $ 10,350 Other (Weekend) 297,656 $ 6,660 $ 6,300 $ 15,120 $ 960 $ 43,740 $ 33,192 $ 34,560 $ 42,120 $ 49,410 $ 35,984 $ 20,640 $ 8,970 Total Revenue 4,110,847 $ 89,448 $ 84,613 $ 165,648 $ 13,910 $ 546A80 $ 444,635 $ 480,960 $ 602,940 $ 701,195 $ 488,124 $ 354,320 $ 138,575 Avg. Rate $ 93.76 $ 48.35 $ 48.35 $ 69.02 $ 69.55 $ 101.20 $ 96.45 $ 100.20 $ 115.95 $ 114.95 $ 93.60 $ 82.40 $ 60.25 Misc Revenue Club Rental 29,800 $ 800 $ 750 $ 1,000 $ 50 $ 3,900 $ 3,900 $ 3,950 $ 4,250 $ 4,500 $ 3,000 $ 2,475 $ 1,225 Driving Range Balls 97,350 $ 1,600 $ 1,500 $ 1,400 $ 250 $ 10,000 $ 10,500 $ 14,500 $ 18,000 $ 19,500 $ 9,000 $ 7,425 $ 3,675 Rider Fees 17,480 $ 1,000 $ 1,100 $ 1,500 $ - $ 2,500 $ 3,100 $ 3,100 $ 2,400 $ 1,500 $ 540 $ 495 $ 245 Handicap Fees 1,550 $ - $ - $ - $ - $ - $ - $ 750 $ 400 $ 400 $ - $ - $ - Independent Instructor Fees 7,500 $ - $ - $ - $ - $ 1,000 $ 1,000 $ 1,000 $ 1,500 $ 1,500 $ 1,500 $ - $ - Ball Retreival 2,500 $ 500 $ - $ - $ 500 $ - $ - $ 500 $ - $ - $ 1,000 $ - $ - Total 156,180 $ 3,900 $ 3,350 $ 3,900 $ 800 $ 17,400 $ 18,500 $ 23,800 $ 26,550 $ 27,400 $ 15,040 $ 10,395 $ 5,145 m 2023-2024 ANNUAL PLAN SilverRock Resort RUN DATE: 014 -23 10:13AM Projections - July 2023 to June 2024 PREPARED BY: Landmark Sole Management GOLF SHOP MERCHANDISE SALES TOTAL # OF ROUNDS 44,125 1,850 1,750 2,400 200 5,400 4,610 4,800 5,200 6,100 5,215 4,300 2,300 AVERAGE REVENUE / ROUND $5.57 $2.90 $2.90 $3.50 $2.50 $5.50 $6.00 $6.00 $7.00 $7.00 $5.50 $4.90 $4.90 TOTAL MERCHANDISE SALES $245,623 5,365 5,075 8,400 500 29,700 27,660 28,800 36,400 42,700 28,683 21,070 11,270 MERCHANDISE REVENUE Soft Goods Sales 184,217 4,024 3,806 6,300 375 22,275 20,745 21,600 27,300 32,025 21,512 15,803 8,453 Hard Goods Sales 61,406 1,341 1,269 2,100 125 7,425 6,915 7,200 9,100 10,675 7,171 5,268 2,818 TOTAL MERCHANDISE REVENUE 245,623 5,365 5,075 8,400 500 29,700 27,660 28,800 36,400 42,700 28,683 21,070 11,270 COST OF SALES 55.97 % 55.97% 55.97% 55.97% 55.97% 55.97% 55.9796 55.97% 55.9796 55.97% 55.97% 55.9796 55.97% COS - Merchandise (58%) 142,461 3,112 2,944 4,872 290 17,226 16,043 16,704 21,112 24,766 16,636 12,221 6,537 Purchase Disc Taken - (5%) (7,123) (156) (147) (244) (15) (861) (802) (835) (1,056) (1,238) (832) (611) (327) Freight - Merchandise 2,137 47 44 73 4 258 241 251 317 371 250 183 98 TOTAL COST OF SALES 137,475 3,003 2,840 4,701 280 16,623 15,481 16,119 20,373 23,899 16,054 11,793 6,308 GROSS PROFIT 108,148 2,362 2,235 3,699 220 13,077 12,179 12,681 16,027 18,801 12,629 9,277 4,962 SALARIES AND BENEFITS Salaries and Wages 196,196 12,038 12,038 12,038 8,247 18,532 19,532 20,072 20,072 20,072 19,692 17,692 16,172 Payroll Taxes 19,129 1,174 1,174 1,174 804 1,807 1,904 1,957 1,957 1,957 1,920 1,725 1,577 Workers' Compensation 15,959 979 979 979 671 1,507 1,589 1,633 1,633 1,633 1,602 1,439 1,315 Health Insurance/Benefits 9,288 774 774 774 774 774 774 774 774 774 774 774 774 TOTAL SALARIES AND BENEFITS SUPPLIES AND MATERIALS 240,572 14,965 14,965 14,965 10,496 22,620 23,799 24,436 24,436 24,436 23,988 21,630 19,838 OTHER -EXPENSES Office Supplies 3,000 250 250 250 250 250 250 250 250 250 250 250 250 Dues and Subscriptions 2,300 0 0 0 0 0 0 0 0 0 0 2,300 Freight / Delivery 75 0 0 0 25 25 25 0 0 0 0 0 0 Travel 90 0 0 0 0 0 0 15 15 15 15 15 15 Uniforms 2,400 100 100 100 100 300 200 500 200 200 200 200 200 Telephone 1,320 110 110 110 110 110 110 110 110 110 110 110 110 Seminars/Training 3,690 150 150 150 500 0 100 1,250 35 35 35 1,250 35 Miscellaneous 6,000 500 500 500 500 500 500 500 500 500 500 500 500 TOTAL OTHER EXPENSES 18,875 1,110 1,110 1,110 1,485 1,185 1,185 2,625 1,110 1,110 1,110 4,625 1,110 TOTAL EXPENSES 259,447 16,075 16,075 16,075 11,981 23,805 24,984 27,061 25,546 25,546 25,098 26,255 20,948 Seminars/Training - Reimbursement for eligible golf shop employees (Director of Golf, Head Professional & 1st Assistant Golf Professional) for PGA Training, Education and Travel Expenses Office Supplies are made up of: Golf Cart Rental Agreements, Golf Club Rental Agreements, Gift Certificates & Merchandise Bags Uniforms- Each Full -Time Emp receives (1) shirt per month 661 2023-2024 ANNUAL PLAN SilverRock Resort Projections - July 2023 to June 2024 RUN DATE: 01-.Ian-23 PREPARED BY: Landmark Golf Management 01:59 PM CARTS, BAGROOM & RANGE - 641 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. SALARIES AND BENEFITS Salaries and Wages 266,317 12,372 12,372 13,677 8,011 25,445 33,325 30,810 32,205 32,205 32,205 20,200 13,490 Incentives \ Bonus 0 Payroll Taxes 33,156 1,540 1,540 1,703 997 3,168 4,149 3,836 4,010 4,010 4,010 2,515 1,680 Workers' Compensation 21,662 1,006 1,006 1,113 652 2,070 2,711 2,506 2,620 2,620 2,620 1,643 1,097 Health Insurance/Benefits 9,288 774 774 774 774 774 774 774 774 774 774 774 774 TOTAL SALARIES AND BENEFITS 330,424 15,692 15,692 17,267 10,434 31,457 40,959 37,926 39,608 39,608 39,608 25,132 17,041 SUPPLIES AND MATERIALS Range Expendable Supplies 6,750 600 600 150 150 1,800 150 1,000 1,000 150 150 500 500 Towel Replacement 2,182 120 120 120 120 185 195 250 250 250 250 250 72 Bottled Water 30,000 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 Cart Supplies 1,850 0 0 0 500 500 500 75 75 50 50 50 50 Range Balls 10,000 0 0 0 0 10,000 0 0 0 0 0 0 0 TOTAL SUPPLIES AND MATERIALS 50,782 3,220 3,220 2,770 3,270 14,985 3,345 3,825 3,825 2,950 2,950 3,300 3,122 REPAIRS AND MAINTENANCE Equipment Repair - Golf 3,600 300 300 300 300 300 300 300 300 300 300 300 300 TOTAL REPAIRS AND MAINTENANCE 3,600 300 300 300 300 300 300 300 300 300 300 300 300 OTHER EXPENSES Expendable Supplies 525 25 25 25 50 50 50 50 50 50 50 50 50 Printing / Stationary 420 0 0 0 0 0 0 70 70 70 70 70 70 Cart Maintenance & Repairs 18,036 1,503 1,503 1,503 1,503 1,503 1,503 1,503 1,503 1,503 1,503 1,503 1,503 Freight / Delivery 450 75 75 75 75 75 75 0 0 0 0 0 0 Uniforms 5,200 0 0 0 2,000 500 500 0 0 500 0 1,500 200 Laundry and Linen 9,600 800 800 800 800 800 800 800 800 800 800 800 800 Miscellaneous 7,200 600 600 600 600 600 600 600 600 600 600 600 600 TOTAL OTHER EXPENSES 41,431 3,003 3,003 3,003 5,028 3,528 3,528 3,023 3,023 3,523 3,023 4,523 3,223 TOTAL EXPENSES 426,237 22,215 22,215 23,340 19,032 50,270 48,132 45,074 46,756 46,381 45,881 33,255 23,686 Expendable Supplies are made up of: - Scorecards, Tees, Pencils, Trash Bags, Cups & First Aid Supplies. Uniforms- Each employee receives 4 shirts, 1 hat per season - M 2023-2024 ANNUAL PLAN SllverRock Resort RUN DATE: 01-Jun-23 01:59 PM Projections - July 2023 to June 2024 PREPARED BY: Landmark Golf Management TOTAL I COURSE SERVICES - 643 JUL. I AUG. I SEP. I OCT. I NOV. I DEC. I JAN. I FEB. I MAR. I APR. I MAY I JUN. SALARIES AND BENEFITS Salaries and Wages 95,471 3,162 3,162 3,587 2,635 12,478 12,478 12,478 12,478 12,478 9,998 5,270 5,270 Payroll Taxes 9,308 308 308 350 257 1,217 1,217 1,217 1,217 1,217 975 514 514 Workers' Compensation 7,766 257 257 292 214 1,015 1,015 1,015 1,015 1,015 813 429 429 TOTAL SALARIES AND BENEFITS 112,545 3,727 3,727 4,228 3,106 14,709 14,709 14,709 14,709 14,709 11,785 6,212 6,212 SUPPLIES AND MATERIALS Expendable Supplies 1,050 50 50 100 100 100 100 100 100 100 100 75 75 TOTAL SUPPLIES AND MATERIALS 1,050 50 50 100 100 100 100 100 100 100 100 75 75 OTHER EXPENSES Uniforms 2,125 75 75 75 800 75 250 75 75 75 400 75 75 Safety Equipment 600 50 50 50 50 50 50 50 50 50 50 50 50 Miscellaneous 200 0 0 0 50 50 50 50 0 0 0 0 0 TOTAL OTHER EXPENSES 2,926 125 125 125 900 175 350 176 125 125 450 125 125 TOTAL COURSE SERVICES EXPENSES 116,521 3,902 3,902 4,453 4,106 14,984 15,159 14,984 14,934 14,934 12,335 6,412 6,412 Expendable Supplies are made up of: Clipboards, Paper (starter sheets, ranger sheets), Towels, Trash Bags Uniforms- Each employee receives 4 shirts, 1 hat per season 663 2023-2024 ANNUAL PLAN SilverRock Resort Projections - July 2023 to June 2024 RUN DATE: 01-Jun-23 10:49 AM PREPAREDBY: Landmark Golf Management MAINTENANCE DEPARTMENT -63 TOTAL I JUL. I AUG. I SEP. I OCT. NOV. DEC. I JAN. I FEB. I MAR. I APR. I MAY I JUN. SALARIES AND BENEFITS Salaries and Wages 852,304 59,091 60,927 66,588 72,797 71,501 75,454 75,454 75,389 75,396 75,396 71,508 72,804 Overtime Hourly Wages 33,620 0 2,160 2,592 16,000 2,592 0 0 2,592 2,500 2,592 2,592 0 Incentives \ Bonus 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 86,378 5,761 6,151 6,745 8,658 7,224 7,357 7,357 7,603 7,595 7,604 7,225 7,098 Workers' Compensation 42,860 2,895 3,056 3,347 4,090 3,588 3,697 3,697 3,779 3,776 3,779 3,589 3,567 Health Insurance/Benefits 107,838 6,600 6,600 8,148 8,922 9,696 9,696 9,696 9,696 9,696 9,696 9,696 9,696 TOTAL SALARIES AND BENEFITS 1,122,999 74,347 78,894 87,420 110,467 94,601 96,204 96,204 99,059 98,963 99,067 94,610 93,165 SUPPLIES Fertilizer 111,800 6,000 3,400 9,000 30,000 10,000 10,000 10,000 3,500 3,500 15,000 3,400 8,000 Flowers/Plants 7,000 0 0 0 3,500 0 0 0 0 3,500 0 0 0 Gas & Oils 68,400 5,700 5,700 5,700 5,700 5,700 5,700 5,700 5,700 5,700 5,700 5,700 5,700 Golf Course Accessories 16,000 0 0 0 14,000 0 0 0 0 2,000 0 0 0 Chemicals & Pesticides 46,500 14,000 500 8,000 8,000 2,000 0 0 3,000 0 3,000 3,000 5,000 POA Control 20,000 0 0 0 0 0 10,000 0 10,000 0 0 0 0 Sand/Mulch/Bunker 13,500 0 0 0 6,000 2,500 5,000 0 0 0 0 0 0 Seed 190,500 0 0 0 185,000 5,500 0 0 0 0 0 0 0 Small Tools 6,000 500 500 500 500 500 500 500 500 500 500 500 500 Sod 15,500 7,500 2,500 1,000 0 0 0 0 0 0 0 0 4,500 Topdressing 19,000 3,000 0 3,000 0 0 0 0 0 0 0 3,000 10,000 TOTAL SUPPLIES AND MATERIALS 514,200 36,700 12,600 27,200 252,700 26,200 31,200 16,200 22,700 15,200 24,200 15,600 33,700 REPAIRS AND MAINTENANCE Buildings & Bridges 5,550 1,250 750 550 500 500 500 250 250 250 250 250 250 Equipment 38,500 2,000 2,500 3,000 10,000 5,000 2,000 2,500 2,500 2,000 2,000 2,500 2,500 Irrigation System 19,050 4,400 3,500 1,500 2,000 900 550 1,200 1,000 1,000 1,000 1,000 1,000 Pumps 10,500 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 500 0 Lake Maint Contract 61,716 5,143 5,143 5,143 5,143 5,143 5,143 5,143 5,143 5,143 5,143 5,143 5,143 Trees 14,050 0 0 5,500 550 0 0 0 0 4,000 4,000 0 0 TOTAL REPAIRS AND MAINTENANCE 149,366 13,793 12,893 16,693 19,193 12,543 9,193 10,093 9,893 13,393 13,393 9,393 8,893 664 2023-2024 ANNUAL PLAN SilverRock Resort RUN DATE: 01-Jun-23 10:49 AM Projections - July 2023 to June 2024 PREPARED BY: Lsnamerk Golf Management MAINTENANCE DEPARTMENT -63 1 TOTAL I JUL. I AUG. I SEP. I OCT. NOV. DEC. I JAN. I FEB. I MAR. I APR. I MAY I JUN. OTHER EXPENSES Contract Services Soil/Tissue Tests Dues and Subscriptions Employee Education Equipment Rental Auto Expense Licenses and Permits Miscellaneous Supplies Propane/Natural Gas Safety Equipment & Training Telephone/DSL Waste/Trash Removal Uniforms & Linen/Towels TOTAL OTHER EXPENSES TOTAL MAINTENANCE EXP. (EXCL Landscaping) LANDSCAPE Wages Landscape Wages & Benefits Small Tools Repairs & Maintenance - Drip Irrigation Uniforms TOTAL LANDSCAPE MAINTENANCE COURSE & LANDSCAPE MAINTENANCE TOTAL (EXCL UTILITIES) WATER & ELECTRICITY COSTS Water Cost Electricity Cost TOTAL WATER AND ELECTRIC COST TOTAL COURSE MAINTENANCE EXPENSES 2,000 0 0 1,000 0 0 0 0 0 0 0 1,000 0 680 0 0 0 0 0 0 0 200 0 380 0 100 3,900 50 50 50 50 50 50 50 1,000 2,400 50 50 50 3,400 200 150 150 1,000 600 200 200 200 200 200 200 100 4,800 400 400 400 400 400 400 400 400 400 400 400 400 4,300 100 0 0 250 0 50 0 0 1,000 2,900 0 0 1,200 100 100 100 100 100 100 100 100 100 100 100 100 4,350 750 750 750 500 500 500 100 100 100 100 100 100 180 15 15 15 15 15 15 15 15 15 15 15 15 3,850 200 100 750 800 500 400 400 200 200 100 100 100 10,200 850 850 850 850 850 850 850 850 850 850 850 850 6,288 524 524 524 524 524 524 524 524 524 524 524 524 11,040 920 920 920 920 920 920 920 920 920 920 920 920 56,188 4,109 3,859 5,509 5,409 4,459 4,009 3,559 4,509 6,709 6,539 4,259 3,259 1,842,753 128,949 108,246 136,822 387,769 137,803 140,606 126,056 136,161 134,265 143,199 123,862 139,017 4,500 150,000 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 150,000 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 1,025 100 100 100 100 100 75 75 75 75 75 75 75 4,250 250 250 500 500 500 500 250 250 250 250 250 500 3,480 290 290 290 290 290 290 290 290 290 290 290 290 158,755 13,140 13,140 13,390 13,390 13,390 13,365 13,115 13,115 13,115 13,115 13,115 13,365 2,001,508 142,089 121,386 150,212 401,159 151,193 153,971 139,171 149,276 147,380 156,314 136,977 152,382 115,484 10,150 9,150 10,400 11,200 16,000 5,305 7,200 6,120 7,150 10,120 13,250 9,439 166,940 14,100 14,210 14,210 14,210 12,000 14,210 14,100 14,100 14,100 14,100 13,500 14,100 282,424 24,250 23,360 24,610 25,410 28,000 19,515 21,300 20,220 21,250 24,220 26,750 23,539 2,283,932 166,339 144,746 174,822 426,569 179,193 173,486 160,471 169,496 168,630 180,534 163,727 175,921 665 2023-2024 ANNUAL PLAN SilverRock Resort RUN DATE: 01-J -23 10:14 %N1 Projections - July 2023 to June 2024 PREPARED BY. Lar.,,11 o G & A DEPARTMENT - 67 TOTAL JUL. I AUG. I SEP. I OCT. I NOV. I DEC. I JAN. I FEB. I MAR. I APR. j MAY JUN. 9AEA-RIES AND BENEFITS Salaries and Wages 298,143 28,205 28,205 26,285 25,133 22,445 23,981 23,981 23,981 23,981 23,981 23,981 23,981 Payroll Taxes 29,069 2,750 2,750 2,563 2,450 2,188 2,338 2,338 2,338 2,338 2,338 2,338 2,338 Workers' Compensation 24,251 2,294 2,294 2,138 2,044 1,826 1,951 1,951 1,951 1,951 1,951 1,951 1,951 Health Insurance/Benefits 37,404 3,117 3,117 3,117 3,117 3,117 3,117 3,117 3,117 3,117 3,117 3,117 3,117 TOTAL SALARIES AND BENEFITS 388,867 , REPAIRS AND MAINTENANCE Equipment Repair 1,900 0 100 100 100 900 100 100 100 100 100 100 100 TOTAL REPAIRS AND MAINTENANCE 1,900 0 100 100 100 900 100 100 100 100 100 100 100 OTHER EXPENSES Office Supplies 1,260 105 105 105 105 105 105 105 105 105 105 105 105 Printing / Stationary 3,300 100 100 100 100 100 400 400 400 400 400 400 400 Postage 900 75 75 75 75 75 75 75 75 75 75 75 75 Recruiting / Relocation 1,200 0 0 150 150 150 200 150 200 200 0 0 0 Dues and Subscriptions 1,550 50 0 300 50 50 50 100 200 50 50 50 600 Freight / Delivery 600 50 50 50 50 50 50 50 50 50 50 50 50 Travel 1,100 0 100 0 0 0 0 0 100 0 200 500 200 Promotion 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Auto Expense 6,000 500 500 500 500 500 500 500 500 500 500 500 500 Equipment Rental(Copier/Storage) 6,600 550 550 550 550 550 550 550 550 550 550 550 550 Uniforms 1,050 75 75 75 150 150 75 75 75 75 75 75 75 Professional Fees (I.T. & Safety Fees) 28,000 1,500 1,500 1,500 2,500 2,500 3,500 3,500 3,500 3,500 1,500 1,500 1,500 Seminars / Training 3,400 200 200 200 200 200 200 1,200 200 200 200 200 200 Payroll Processing 12,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Computer Supplies(POS Support Fees) 6,300 500 500 500 500 500 500 500 500 500 500 500 800 Bank & ADP Fees 1,080 90 90 90 90 90 90 90 90 90 90 90 90 Miscellaneous 6,000 100 100 100 100 1,000 4,000 100 100 100 100 100 100 TOTAL OTHER EXPENSES 81,540 4,995 5,045 5,395 6,220 7,120 11,395 8,495 7,745 7,495 5,495 5,795 6,345 TOTAL G & A EXPENSES 472,307 41,362 41,512 39,598 39,065 37,596 42,882 39,982 39,232 38,982 36,982 37,282 37,832 Uniforms- Benefit to be shared between GM & Controller Entertainment & Promotion - GM promoting property for potential clients •M 2023-2024 ANNUAL PLAN SilverRock Resort MARKETING O1-Jun-23 10:14 AM Projections - July 2023 to June 2024 PREPARED BY: Landmark Golf Management MARKETING DEPARTMENT -66 TOTAL JUL. I AUG. I SEP. I OCT. I NOV. I DEC. JAN. I FEB. I MAR. I APR. I MAY I JUN. SALARIES AND BENEFITS Salaries and Wages 15,000 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 1,250 Payroll Taxes 1,463 122 122 122 122 122 122 122 122 122 122 122 122 Workers' Compensation 1,220 102 102 102 102 102 102 102 102 102 102 102 102 Health Insurance/Benefits 2,709 0 0 0 0 0 387 387 387 387 387 387 387 TOTAL SALARIES AND BENEFITS 20,392 1,474 1,474 1,474 1,474 1,474 1,861 1,861 1,861 1,861 1,861 1,861 1,861 OTHER EXPENSES Office Supplies Printing / Stationary Postage Contract Services Web Page Dues and Subscriptions Uniforms Telephone Civic, Community and Trade Show Public Relations Promotions / Meals Promotion - (Media, Vendor Days, etc) Advertising (Ad Purchases) Collateral Material - (Yrd Bks, Rack Cds, Statn, Brochures) Miscellaneous TOTAL OTHER EXPENSES TOTAL MARKETING EXPENSES 1,200 100 100 100 100 100 100 100 100 100 100 100 100 4,425 0 0 200 3,000 200 200 200 125 125 125 125 125 600 50 50 50 50 50 50 50 50 50 50 50 50 1,800 150 150 150 150 150 150 150 150 150 150 150 150 735 0 0 0 0 0 0 35 400 300 0 0 0 600 0 0 0 300 50 50 50 50 50 50 0 0 1,200 100 100 100 100 100 100 100 100 100 100 100 100 2,250 75 75 75 75 750 750 75 75 75 75 75 75 1,000 0 0 0 0 0 0 500 500 0 0 0 0 300 25 25 25 25 25 25 25 25 25 25 25 25 700 0 0 0 50 50 50 300 50 50 50 50 50 129,762 2,566 2,566 3,461 13,766 17,936 14,866 16,461 17,566 15,341 11,946 8,741 4,546 5,500 0 0 0 500 1,000 0 500 500 500 500 1,000 1,000 350 0 0 0 0 50 50 50 50 50 50 50 150,422 3,066 3,066 4,161 18,116 20,461 16,391 18,596 19,741 16,916 13,221 10,466 6,221 170,814 4,540 4,540 5,635 19,590 21,935 18,252 20,457 21,602 18,777 15,082 12,327 8,082 Promotion/Meals - Off property events (Chamber Mixers, Rotaries and entertaining potential clients) Promotion/Media/Vend or Days - Radio/TV Onsite Broadcasting. Vendor Days - Show casing property in exchange for positive publicity 667 2023-2024 ANNUAL PLAN SilverRock Resort MARKETING 01-Jnn-23 10:14AM Projections - July 2023 to June 2024 PREPARED BY. Landmark Golf Management TEMPORARY CLUBHOUSE -800 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. SUPPLIES AND MATERIALS Expendable Supplies 2,400 200 200 200 200 200 200 200 200 200 200 200 200 Laundry Supplies 2,400 200 200 200 200 200 200 200 200 200 200 200 200 TOTAL SUPPLIES AND MATERIALS 4,800 400 400 400 400 400 400 400 400 400 400 400 400 REPAIRS AND MAINTENANCE Building Structures 3,600 300 300 300 300 300 300 300 300 300 300 300 300 Restaurant Repairs 8,400 700 700 700 700 700 700 700 700 700 700 700 700 Equipment Repair 8,400 700 700 700 700 700 700 700 700 700 700 700 700 TOTAL REPAIRS AND MAINTENANCE 20,400 1,700 1,700 1,700 1,700 1,700 1,700 1,700 1,700 1,700 1,700 1,700 1,700 OTHER EXPENSES Contract Services Cleaning 34,200 2,850 2,850 2,850 2,850 2,850 2,850 2,850 2,850 2,850 2,850 2,850 2,850 Telephone 21,000 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 Cable -Roadrunner 4,560 380 380 380 380 380 380 380 380 380 380 380 380 Water 3,852 321 321 321 321 321 321 321 321 321 321 321 321 Safety Equipment 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Propane Gas 12,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Flowers and Decorations 1,900 0 0 0 500 0 0 500 0 500 0 0 400 Building Security (Roving Patrol) 81,600 6,800 6,800 6,800 6,800 6,800 6,800 6,800 6,800 6,800 6,800 6,800 6,800 Miscellaneous 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL OTHER EXPENSES 160,312 13,201 13,201 13,201 13,701 13,201 13,201 13,701 13,201 13,701 13,201 13,201 13,601 TOTAL CLUBHOUSE EXPENSES 185,512 15,301 15,301 15,301 15,801 15,301 15,301 15,801 15,301 15,801 15,301 15,301 15,701 Expendable Supplies made up of: Locksmith, Trashbags, Lightbulbs, Mats, Items related to Maintenance of Clubhouse •E 2023-2024 ANNUAL PLAN SilverRock Resort Projections - July 2023 to June 2024 RUN DATE: 01-Jun-23 10:14 AM PREPARED BY: Landmark Golf Management MISC. DEPARTMENT - 980 & 990 TOTAL JUL. AUG. SEP. OCT. NOV. I DEC. I JAN. I FEB. I MAR. I APR. I MAY I JUN. MISC OTHER EXPENSES Management Fee - Fixed 130,704 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 10,892 FF&E Reserve (2.0%) 81,865 1,789 1,692 3,313 278 10,930 8,893 9,619 12,215 14,329 9,762 6,274 2,772 General Liability Insurance 107,000 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 8,917 Personal Property Taxes 11,800 5,200 0 4,000 2,600 0 0 0 0 0 0 0 0 331,369 26,798 21,501 27,122 22,687 30,738 28,701 29,428 32,023 34,138 29,571 26,082 22,580 LEASE EXPENSES Golf Cart Leases 154,344 10,586 10,586 10,586 10,586 14,000 14,000 14,000 14,000 14,000 14,000 14,000 14,000 Trailer Leases 0 0 0 0 0 0 0 0 0 0 0 0 Golf Course Maintenance Lease 217,800 18,150 18,150 18,150 18,150 18,150 18,150 18,150 18,150 18,150 18,150 18,150 18,150 GPS Lease (Up -Link) 33,000 2,750 2,750 2,750 2,750 2,750 2,750 2,750 2,750 2,750 2,750 2,750 2,750 Equipment Rental Other 20,200 1,150 1,150 1,150 1,150 1,950 1,950 1,950 1,950 1,950 1,950 1,950 1,950 425,344 32,636 32,636 32,636 32,636 36,850 36,850 36,850 36,850 36,850 36,850 36,850 36,850 6/2/2023 20 2023.2024 Annual Budget 2023-2024 Annual Budget RUN DATE: 01-Jun-23 01:59 PM PREPARED BY: Landmark Golf Management FOOD & BEVERAGE DEPT - 62 TOTAL I JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. FOOD REVENUE TOTAL NUMBER OF ROUNDS 44,125 1,850 1,750 2,400 200 5,400 4,610 4,800 5,200 6,100 5,215 4,300 2,300 GRILL ROOMITERRACE AVERAGE FOOD REVENUE PER ROUND $5.63 $5.00 $3.50 $2.00 $2.50 $5.50 $7.00 $7.00 $7.50 $7.00 $7.00 $5.50 $8.00 TOTAL SNACK SHOP FOOD REVENUE 276,500 9,250 6,125 4,800 500 29,700 32,270 33,600 39,000 42,700 36,505 23,650 18,400 BEVERAGE CARTS AVERAGE FOOD REVENUE PER ROUND $0.77 $1.00 $0.50 $0.50 $1.00 $1.00 $1.00 $0.50 $0.75 $0.50 $0.75 $0.75 $1.00 TOTAL BEVERAGE CART FOOD REVENUE 32,921 1,850 875 1,200 200 5,400 4,610 2,400 3,900 3,050 3,911 3,225 2,300 AVERAGE FOOD $ PER ROUND $6.40 $6.00 $4.00 $5.00 $3.50 $7.00 $7.00 $7.50 $8.25 $7.50 $6.50 $6.25 $9.00 BEVERAGE REVENUE TOTAL NUMBER OF ROUNDS 44,125 1,850 1,750 2,400 200 5,400 4,610 4,800 5,200 6,100 5,215 4,300 2,300 GRILL ROOM/TERRACE WERAGE BEVERAGE REVENUE PER ROUN[ $3.38 $2.50 $1.50 $1.50 $1.50 $4.00 $4.50 $4.50 $5.00 $5.00 $4.00 $4.50 $2.00 TOTAL SNACK SHOP BEVERAGE REVENUE 176,405 4,625 2,625 3,600 300 21,600 20,745 21,600 26,000 30,500 20,860 19,350 4,600 BEVERAGE CARTS WERAGE BEVERAGE REVENUE PER ROUN[ $3.83 $3.25 $4.00 $3.50 $2.50 $4.00 $4.00 $4.00 $5.50 $5.25 $4.00 $3.75 $2.25 OTAL BEVERAGE CART BEVERAGE REVENI 183,938 6,013 7,000 8,400 500 21,600 18,440 19,200 28,600 32,025 20,860 16,125 5,175 AVERAGE BEVERAGE $ PER ROUND $5.75 $5.50 $5.00 $4.00 $8.00 $8.50 $6.00 $10.50 $10.25 $8.00 $8.25 $4.25 FOOD REVENUE Snack Shop/Terrace Food $ 276,500 $ 9,250 $ 6,125 $ 4,800 $ 500 $ 29,700 $ 32,270 $ 33,600 $ 39,000 $ 42,700 $ 36,505 $ 23,650 $ 18,400 Beverage Cart Food $ 32,921 $ 1,850 $ 875 $ 1,200 $ 200 $ 5,400 $ 4,610 $ 2,400 $ 3,900 $ 3,050 $ 3,911 $ 3,225 $ 2,300 Other Food Income $ - $ - $ - $ - $ - $ - $ - Non -Taxable Tournament Site Fees $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Special Events $ 9,000 $ - $ - $ - $ 3,000 $ - $ - $ - $ - $ 3,000 $ 3,000 $ - TOTAL FOOD REVENUE $ 318,421 $ 11,100 $ 7,000 $ 6,000 $ 700 $ 38,100 $ 36,880 $ 36,000 $ 42,900 $ 45,750 $ 43,416 $ 29,875 $ 20,700 BEVERAGE REVENUE Snack Shop/Terrace Beer & Wine $ 130,266 $ 3,700 $ 2,363 $ 2,880 $ 180 $ 17,280 $ 14,522 $ 19,440 $ 18,200 $ 21,350 $ 14,602 $ 11,610 $ 4,140 Snack Shop/Terrace Sodas $ 36,919 $ 1,850 $ 788 $ 1,080 $ 120 $ 6,480 $ 4,149 $ 4,320 $ 5,200 $ 3,050 $ 4,172 $ 3,870 $ 1,840 Beverage Cart Beer & Wine $ 199,380 $ 5,411 $ 4,900 $ 6,720 $ 250 $ 23,760 $ 20,284 $ 21,120 $ 28,600 $ 35,228 $ 31,290 $ 16,125 $ 5,693 Beverage Cart Sodas $ 25,113 $ 601 $ 700 $ 4,200 $ 250 $ 2,160 $ 1,844 $ 1,152 $ 2,860 $ 3,203 $ 4,172 $ 2,419 $ 1,553 TOTAL BEVERAGE REVENUE $ 391,678 $ 11,563 $ 8,750 $ 14,880 $ 800 $ 49,680 $ 40,799 $ 46,032 $ 54,860 $ 62,830 $ 54,236 $ 34,024 $ 13,225 TOTAL FOOD & BEVERAGE REVENUE $ 710,099 $ 22,663 $ 15,750 $ 20,880 $ 1,500 $ 87,780 $ 77,679 $ 82,032 $ 97,760 $ 108,580 $ 97,652 $ 63,899 $ 33,925 LESS COST OF SALES TOTAL COST OF SALES $ 218,834 $ 8,331 $ 6,317 $ 7,396 $ 2,335 $ 25,314 $ 23,984 $ 24,746 $ 29,187 $ 31,814 $ 28,173 $ 18,972 $ 12,265 GROSS PROFIT $ 491,265 $ 14,331 $ 9,433 $ 13,484 $ (835) $ 62,466 $ 53,694 $ 57,286 $ 68,573 $ 76,766 $ 69,479 $ 44,927 $ 21,660 SALARIES AND BENEFITS Salaries and Wages $ 329,598 $ 18,178 $ 18,178 $ 19,403 $ 7,962 $ 26,651 $ 39,875 $ 40,183 $ 40,183 $ 40,183 $ 34,011 $ 23,310 $ 21,482 Payroll Taxes $ 36,256 $ 2,000 $ 2,000 $ 2,134 $ 876 $ 2,932 $ 4,386 $ 4,420 $ 4,420 $ 4,420 $ 3,741 $ 2,564 $ 2,363 Workers' Compensation $ 16,150 $ 891 $ 891 $ 951 $ 390 $ 1,306 $ 1,954 $ 1,969 $ 1,969 $ 1,969 $ 1,667 $ 1,142 $ 1,053 Health Insurance $ 46,692 $ 3,891 $ 3,891 $ 3,891 $ 3,891 $ 3,891 $ 3,891 $ 3,891 $ 3,891 $ 3,891 $ 3,891 $ 3,891 $ 3,891 TOTAL SALARIES AND BENEFITS $ 428,696 $ 24,959 $ 24,959 $ 26,379 $ 13,119 $ 34,780 $ 50,107 $ 50,463 $ 50,463 $ 50,463 $ 43,310 $ 30,907 $ 28,788 SUPPLIES AND MATERIALS Expendable Supplies $ 4,280 $ 300 $ 300 $ 300 $ 580 $ 200 $ 400 $ 400 $ 400 $ 400 $ 400 $ 300 $ 300 Bar Utensils $ 1,250 $ 150 $ 100 $ 100 $ 100 $ 100 $ 100 $ 100 $ 100 $ 100 $ 100 $ 100 $ 100 Menus, Napkins and Placemats $ 3,825 $ 175 $ 175 $ 175 $ 500 $ 250 $ 250 $ 550 $ 350 $ 350 $ 350 $ 350 $ 350 TOTAL SUPPLIES AND MATERIALS $ 9,355 $ 625 $ 575 $ 575 $ 1,180 $ 550 $ 750 $ 1,050 $ 850 $ 850 $ 850 $ 750 $ 750 Equipment Repair TOTAL REPAIRS AND MAINTENANCE OTHER EXPENSES Office Supplies Phone Equipment Rental Natural Gas - Propane Non -Capital Equipment Uniforms Laundry and Linen Bank Fees Seminars / Training Cleaning Supplies Flowers and Decorations Licenses and Permits Miscellaneous TOTAL OTHER EXPENSES $ 5,900 $ 400 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 5,900 $ 400 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 1,500 $ 100 $ 100 $ 100 $ 250 $ 250 $ 100 $ 100 $ 100 $ 100 $ 100 $ 100 $ 100 $ 857 $ 71 $ 71 $ 71 $ 71 $ 71 $ 71 $ 71 $ 76 $ 71 $ 71 $ 71 $ 71 $ 1,285 $ 109 $ 109 $ 109 $ 95 $ 109 $ 100 $ 109 $ 109 $ 109 $ 109 $ 109 $ 109 $ 6,000 $ 1,000 $ - $ 11000 $ - $ 1,000 $ - $ 1,000 $ - $ 1,000 $ - $ 1,000 $ - $ 600 $ 50 $ 50 $ 50 $ 50 $ 50 $ 50 $ 50 $ 50 $ 50 $ 50 $ 50 $ 50 $ 3,600 $ 150 $ 150 $ 150 $ 1,200 $ 150 $ 500 $ 150 $ 150 $ 150 $ 550 $ 150 $ 150 $ 8,600 $ 900 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 10,950 $ 750 $ 750 $ 950 $ 650 $ 1,050 $ 1,075 $ 1,075 $ 1,050 $ 1,050 $ 1,050 $ 750 $ 750 $ 250 $ 50 $ 25 $ 25 $ 25 $ - $ - $ - $ 25 $ 25 $ 25 $ 25 $ 25 $ 3,500 $ 250 $ 250 $ 250 $ 250 $ 250 $ 250 $ 250 $ 350 $ 350 $ 350 $ 350 $ 350 $ 2,604 $ 100 $ 100 $ 100 $ 204 $ 300 $ 300 $ 300 $ 250 $ 250 $ 300 $ 200 $ 200 $ 1,800 $ - $ 900 $ - $ - $ - $ - $ 900 $ - $ - $ - $ - $ 6,200 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 600 $ 600 $ 500 $ 500 $ 500 $ 47,746 $ 4,030 $ 3,705 $ 4,005 $ 3,995 $ 4,430 $ 3,646 $ 5,205 $ 3,460 $ 4,455 $ 3,805 $ 4,005 $ 3,005 TOTALEXPENSES TOTAL FOOD & BEVERAGE PROFIT (Loss) $ 491,697 $ 30,014 $ 29,739 $ 31,459 $ 18,794 $ 40,260 $ 55,003 $ 57,218 $ 55,273 $ 56,268 $ 48,465 $ 36,162 $ 33,043 $ (432) $ (15,683) $(20,306) $(17,975) ####### $ 22,206 $ (1,308) $ 69 $ 13,300 $ 20,498 $ 21,014 $ 8,765 $(11,383) 670 SilverRock Resort 2023-2024 Marketing Plan Narrative OBJECTIVE: Continue to expand brand awareness for SilverRock Resort, promote the Arnold Palmer Classic Course as a premier golf course in the Coachella Valley and increase golf and golf -related revenues. In light of intensive ongoing construction in and around the golf course with two luxury hotels, spa, convention center, permanent clubhouse and private residences, it will be imperative to continually market SilverRock in a positive light during the construction phases of the development. The 2023-2024 Marketing Plan is built around a slightly scaled back Marketing Budget of $170,996. The total Marketing Plan includes: reduced print advertising, TV, digital marketing, social media, collateral materials, partial tournament coordinator salary, public relations, supplies, internet websites and email marketing. Actual advertising budget will total $129,762 annually. PRINT ADVERTISING This year, a reduction in print advertising will be evident but SilverRock will still have presence in a few staple magazines both locally and regionally. These publications will target the Coachella Valley Residents and tourist/resort golfers in local, regional and Southern California golf and travel publications. Print advertising consists of golf and travel magazines and regional directories. All print advertising now includes a digital component that is included in each buy. TV & RADIO Television commercials (30 seconds) are placed on some local network affiliates. There is no plan for a new commercial to be created until the rebranding of the golf course occurs. For this fiscal year, there is no Local radio ads planned in the advertising budget. IN ROOM MEDIA In conjunction with the Travelers Channel, currently the SilverRock commercial is showcased in 18 local hotels representing over 3,500 hotel rooms throughout the Coachella Valley. The Travelers Channel operates in each hotel, and becomes the hotels local in roorr concierge. The Travelers Channel primary goal is to visually promote the local area, points of interest, history, services, restaurants, shopping, and to help visitors enjoy their stay. DIGITAL MARKETING The marketing plan includes website display banners through the geo target channels like ESPN LA, Golf Channel.com, PGA.com, SCGA.com, and anyone searching keywords such as Golf, Best Golf Courses, Tee Times in Greater Palm Springs/La Quinta producing 10 million impressions. Included in this 2023-2024 Marketing Plan is an ongoing partnership to continue a strong presence in the digital marketing sector. 671 SOCIAL MEDIA Working in partnership with Golf Now, social media has proven to be a very successful, powerful and cost effective method of promoting SilverRock. There will be a continued effort and focus on social media including enhancing SilverRock's Facebook "fan base" which has generated nearly 20,000 likes and has been very effective way of communicating SilverRock's news and information. Increased presence on Instagram will continue this year with short beauty video clips of the golf course. ONLINE REVIEWS / REPUTATION MANAGEMENT / WORD OF MOUTH Online reviews for SilverRock provides a great feedback tool for management but also extremely helpful for consumers when deciding what course to play for their next trip. Any review on Google, Yelp or Golf Pass (powered by Golf Now) are acknowledged and responded to within 48 hours of a review or post. It is critical maintain its reputation during and throughout the construction phases of the development at SilverRock. CONTENT EMAIL MARKETING Working in collaboration with several magazines, a continued effort will be implemented to utilize content email marketing as a strategic component of this year's marketing plan. This helps to engage and inform subscribers to be used to promote the course for both golf and food and beverage. WEBSITE & ONLINE BOOKINGS With the advent of Covid, the majority of all tee times are booked online and prepaid upon booking; a continued emphasis on the mobile website-booking interface that allows visitors to navigate SilverRock's website more efficiently and effectively will again be a priority for 2023-2024. The SilverRock website is a responsive website which allows any user with a PC, tablet or mobile phone to navigate the SilverRock website. Customers now have the ability to purchase digital gift cards through the SilverRock.org website. In addition, the SilverRock Grill menu for breakfast and lunch are displayed on the SilverRock website. SilverRock also offers a free App (available on both Droid and iPhones) which also allows golfers to book tee times instantly through the App with no booking fees. JUNIOR GOLF SilverRock will continue to support local Junior Golf by offering Junior Lessons, Junior Rates and being a host course for the La Quinta High School Boys and Girls Golf Teams. SilverRock will also continue to participate in SCGA's Youth on Course program which will provide juniors in Southern California another avenue to have access to golf courses at affordable green fees. COLLATERAL MATERIALS Rack cards, scorecards, and information packets presenting SilverRock Resort are used as marketing tools for SilverRock Resort. Printed material will be produced, as needed, to promote SilverRock Resort as a former Home Course of the Bob Hope Classic 2008-2011. 672 BUSINESS SESSION ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING June 20, 2023 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2022/23 BUDGET UPDATE REPORT AND APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS RECOMMENDATION Receive and file fiscal year 2022/23 Budget Update Report and approve the recommended budget adjustments. EXECUTIVE SUMMARY • The Fiscal Year (FY) 2022/23 Budget Update Report (Attachment 1) provides an update of the City's fiscal activities through May 2023. • The Budget Update Report includes revenue and expenditure adjustments in five funds. FISCAL IMPACT Staff recommended adjustments are: Fund # Fund Name Revenues Expenses 101 General Fund $ 7,205,000 $ 383,500 215 Lighting and Landscape Fund - 80,000 241 Housing Authority Fund 123,000 395,000 601 SilverRock Resort Fund - 100,000 501 Facility and Fleet Replacement Fund —Al - 22,000 TOTAL ADJUSTMENTS $ 7,328,000 $ 980,500 BACKGROUND/ANALYSIS Throughout the fiscal year each Department monitors their budget and proposes adjustments to reflect current conditions and ongoing operational needs. Requests are reviewed and discussed with the City Manager and Directors before recommendations are presented in the Budget Update Report. Funds with no adjustments have been excluded. ALTERNATIVEF Council could delay, modify, or reject the requested budget amendments. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. FY 2022/23 Budget Update Report 673 Cc/Qaf� ATTACHMENT 1 Fiscal Year 2022/23 Budget Update Report SUMMARY The annual budget is a living document, which allows for flexibility and adjustments to accommodate current business needs and updated projections. Budget reports are presented to provide ongoing oversight of public funds, relate current and upcoming activities, and request funding adjustments. All funds are continuously monitored; this report discusses funds with budgetary adjustments. Funds with no adjustments have been excluded. This report is an integral part of the upcoming fiscal year (FY) 2023/24 budget process; it provides transparency to the City's budget and finances and delivers critical data for informed decision -making. The recommended adjustments are largely derived from year-to-date revenues collected and expenses incurred, program activities, and operational needs. Revenue and expense adjustments for the General Fund are detailed in Exhibit 1 and Special Funds are in Exhibit 2. GENERAL FUND REVENUE ADJUSTMENTS General Fund revenue adjustments summarized below total $7,205,000. Adjustments reflect updated projections based on last fiscal year actuals and year-to-date activity. Revenue Description - General Fund Adjustment Tax Revenues $ 2,800,000 Licenses & Permits 60,000 Intergovernmental 1,500,000 Charges for Services 50,000 Use of Money & Property 2,300,000 Miscellaneous 495,000 TOTAL GF REVENUE ADJUSTMENTS $ 7,205,000 Tax Revenues Document Transfer Tax — An increase of $100,000 is recommended based on actual receipts year-to-date. The real estate market remains strong and higher sales prices are driving this number. Transient Occupancy Tax (TOT) — Current Short -Term Vacation Rental (STVR) and hotel TOT revenue projections were conservative when the budget was adopted, given the unknown impacts of the economy. The recommended increase of $1,000,000 for STVR and $1,700,000 for hotel TOT is based on actual revenue collections this fiscal year. 674 Licenses and Permits — An increase of $15,000 in business licenses, $5,000 in STVR business licenses are recommended based on current year -to date activity. In addition, a $20,000 increase in fire inspection fees and $20,000 in site development fees are due to increased current year-to-date building activity in private residential tract developments and commercial projects. Intergovernmental — An increase of $1.5 million is requested for the Fire Service Credit which is anticipated to be higher than the original projected estimates provided by Riverside County. Charges for Services — Revenue adjustments in this category are $50,000 and account for current year-to-date activity in recreation such as adult sports, and development related services including plan checks, records management, environmental assessment fees. Use of Money and Property — The increase of $2.3 million reflects the rising rate environment generating higher yields than initially anticipated. The City has worked diligently to leverage highly restricted investments under these volatile market conditions and will continue these efforts into fiscal year 2023/24. Miscellaneous — Revenue adjustments in this category total $495,000, with the majority being one-time revenues including insurance recoveries, miscellaneous revenue and reimbursements and sale of other assets. The $300,000 increase in zoning change mitigation fees is reflective of increased building activity and an increase of $48,000 reflects year-to-date credit card activity. GENERAL FUND EXPENDITURL ADJUSTMENTS Expenditure adjustments are recommended for unanticipated items to ensure enhanced services and needs can be provided and enable departments to end the year within budget appropriations. The recommended adjustments are summarized below. Expense Description- General Fund Adjustment Community Resources $ 101,000 Marketing 85,000 Public Works 197,500 TOTAL GF EXPENSE ADJUSTMENTS $ 383,500 Community Resources— For Public Safety Camera system maintenance, a request of $61,000 is recommended for the automatic license plate reader system program, which includes one- time implementation costs and annual fees. An increase of $40,000 is requested for Fritz Burns Pool programming due to expansion of programs and staffing. Marketing — Based on the new estimated revenue projections, an increase of $85,000 is requested to fulfill the contractual obligation under the Joint Powers Agreement with the Greater Palm Springs Convention and Visitors Bureau (Now known as Visit Greater Palm Springs), which is based on TOT revenues received by member agencies. 675 Public Works — For the Parks Division, an addition of $72,500 is requested for the landscape contract and $15,000 for Fritz Burns pool maintenance for unanticipated repairs. For the Buildings division, increases in materials/supplies and tools/equipment are driven by inflationary impacts, requesting a combined total of $30,000. An increase of $25,000 in maintenance/services accounts for unanticipated major repairs at various City buildings. Due to increases in utility rates, we recommend $5,000 for gas utilities and $50,000 for electric utilities to end the fiscal year. SPECIAL REVENUE FUNDS & INTERNAL SERVICE FUNDS Revenuf Housing Authority Fund (241) — An increase for rent revenue to reflect year-to-date activity is requested for La Quinta Palms Realty for $55,000 ad Dune Palms Mobile Estates for $68,000. axpunditure5 Lighting and Landscape Fund (215) — An increase of $80,000 is requested to cover the increase in water rates for citywide medians. Housing Authority Fund (241) —Increases in professional services in the amount of $35,000 cover housing compliance services and residential property management services at Dune Palms Mobile Estates. In addition, an increase of $240,000 is requested to cover the repairs and upgrades for the homes located in the La Quinta Cove owned by the Housing Authority and Dune Palms Mobile Estates. SilverRock Golf Course Fund (601) — An increase of $50,000 is recommended to account for year-to-date bank fee activity resulting in increased golf rounds along with an increase of $50,000 due to unanticipated pump and HVAC replacements. Facility and Fleet Replacement Fund (501) — An increase of $10,000 is requested to cover the costs of fuel for all city vehicles due to the rise in gas prices. Additionally, an increase of $12,000 to cover the cost of city vehicle purchases. Other Fund Adjustments Revenue Expenses Lighting & Landscape Fund (215) $ - $ 80,000 Housing Authority Fund (241) 123,000 395,000 Silverrock Resort Fund (601) - 100,000 Facility & Fleet Replacement Fund (501) - 22,000 TOTAL ADJUSTMENTS $ 123,000 $ 597,000 NUT City of La Quinta REVENUE Tax Revenues 101-0000-41327 101-0000-41400 101-0000-41401 Licenses and Permits Document Transfer Tax TOT- Hotels TOT- Short Term Vac. Rentals 101-0000-41600 Business Licenses 101-0000-41602 STVR Business Licenses 101-0000-42421 Fire Inspection Fee 101-0000-42435 Site Development Permit Intergovernmental 101-0000-42500 Fire Service Credit Charges for Services 101-0000-42211 Adult Sports 101-0000-42412 Minor Adjustment, Plan Checks 101-0000-42416 Digitization/Records Management 101-0000-42445 Environmental Assessment Use of Money and Property 101-0000-41900 Allocated Interest Miscellaneous 101-0000-41410 Zoning Change Mitigation Fees 101-0000-42000 Insurance Recoveries 101-0000-42301 101-0000-42305 101-0000-43505 101-0000-45000 COMMUNITY RESOURCES 101-2001-60692 101-3003-60184 MARKETING 101-3007-60151 PUBLIi 101-3005-60112 101-3005-60184 101-3008-60431 101-3008-60432 101-3008-60691 101-3008-61100 101-3008-61101 Miscellaneous Revenue Miscellaneous Reimbursements Credit Card Fee Revenue Sale of Other Assets Public Safety Camera System Maintenance Fritz Burns Pool Programming VGPS- Visit Greater Palm Springs Landscape Contract Fritz Burns Pool Maintenance Materials/Supplies Tools/Equipment Maintenance/Services Gas -Utilities Electricity- Utilities TOTAL GENERAL FUND FY 2022/23 Recommended Budget Adjustments Exhibit 1 General Fund (101 100,000 1,700,000 1,000,000 15,000 5,000 20,000 20,000 1,500,000 5,000 20,000 15,000 10,000 2,300,000 300,000 25,000 72,000 25,000 48,000 25,000 7,205,000 61,000 40,000 85,000 72,500 15,000 25,000 5,000 25,000 5,000 50,000 383,500 677 City of La Quinta Fund 215 Lighting & Landscape 215-7004-61211 Fund 241 Housing Authority 241-9101-60103 241-9103-60157 241-9103-43502 241-9104-60103 241-9104-60157 241-9104-42112 Fund 601 SllverRock Resort Water -Medians- Utilities Professional Services Rental Expenses Rent Revenue/LQPR Professional Services Rental Expenses Rent Revenue/DPME 601-0000-60455 Bank Fees 601-0000-60660 Repair and Maintenance Account No. Descript'. Fund 501 Facility & Fleet Replacment 501-0000-60674 Fuel and Oil 501-0000-71031 Vehicles Purchased FY 2022/23 Recommended Budget Adjustments Exhibit 2 Special Revenue Funds Revenues Expenses 80,000 15,000 240,000 55,000 20,000 120,000 68,000 50,000 Revenues Expenses 50,000 10,000 12,000 597,000 TOTAL 123,000 678 BUSINESS SESSION ITEM NO. 5 City of La Quinta CITY COUNCIL MEETING:June 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 BUDGET AND ESTABLISH THE CITY'S APPROPRIATIONS LIMIT RECOMMENDATION Adopt a resolution to approve the Fiscal Year 2023/24 Budget and establish the City's appropriations limit. EXECUTIVE SUMMARY • The 2023/24 Proposed Budget consists of the City, Housing Authority, Financing Authority, and Capital Improvement budgets and incorporates Council direction provided during study sessions. • The Capital Improvement Program (CIP) is a five-year program that identifies the scope, budget, and schedule for capital projects encompassing street, park, facility, and infrastructure projects. Only year one is funded with this action ($18,850,700). • The Financial Advisory Commission and Housing Authority Commission have unanimously approved the recommended budget. FISCAL IMPACT The Proposed Budget anticipates total revenues of $123,608,488 and total expenditures of $122,084,878 for all funds operated by the City. A summary of revenues and expenses by fund is in Attachment 1, Exhibit C. 3ACKGROUND/ANALYSIS Attachment 1 provides a narrative of the 2023/24 Proposed Budget and includes the following exhibits: A — General Fund Revenues and Expenditures by Department/Division B — Measure G Revenues and Expenditures Summary C — Summary of Revenues and Expenditures by Fund for 2023/24 D — Fiscal Year 2023/24 CIP Summary E — Appropriations Limitation Calculation (Gann Limit) F — Fiscal Year 2023/24 Personnel Schedule 679 4LTERNATIVES Council may further adjust the various appropriations included in the recommended 2023/24 Operating and Capital Improvement Program budgets. Prepared by: Claudia Martinez, Finance Director/City Treasurer Approved by: Jon McMillen, City Manager Attachment: 1. 2023/24 Proposed Budget Overview W RESOLUTION NO. 2023 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2023/24 AND APPROVING A BUDGET FOR FISCAL YEAR 2023/24 WHEREAS, each year the La Quinta City Council adopts a budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and capital improvement program and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget and capital improvement program as it considers desirable; and WHEREAS, Section 7910 of the Government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost -of -living and in City population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows: SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 2023/24 is $170,450,479. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 2023/24 was available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. SECTION 3. The Fiscal Year 2023/24 budget and capital improvement program which is on file with the City Clerk is hereby approved. 681 Resolution No. 2023 — XXX Budget Approval FY 2023/24 Adopted: June 20, 2023 Page 2 of 3 SECTION 4. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2022/23 are approved in the Fiscal Year 2023/24 budget in an amount not to exceed $5,724,192 (Exhibit A). SECTION 5. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon City Council approval. B. Transfers of budgeted appropriations between funds or capital projects shall be made only upon City Council approval. C. Transfers of budgeted appropriations between accounts within a department or capital project may be made with the approval of the City Manager or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project and grant appropriations remaining from uncompleted prior year capital projects and grant programs shall be made with City Manager approval. These carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 6. The City Council, recognizing the need for maintaining Fund Balance reserves has established a Reserve Policy. These funds cannot be appropriated without the explicit approval of the City Council. Exhibit B General Fund Reserves Overview shows estimated amounts, final amounts will be published in the Fiscal Year 2022/23 Annual Comprehensive Financial Report "ACFR." SECTION 7. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of June 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: .:. Resolution No. 2023 — XXX Budget Approval FY 2023/24 Adopted: June 20, 2023 Page 3 of 3 LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 683 CITY OF LA QUINTA RESOLUTION NO. 2023-XXX EXHIBIT A FY 2023/24 ADOPTED BUDGET Continuing Appropriations/Carryovers from 2022/23 to 2023/24 Descriotion/Proaram Account Number Account Name Estimated Marketing efforts to attract group business to hotels 101-1007-60536 TOT Resort Rebate Program $ 300,000 Fire Ladder Truck purchase 101-2002-80101 Machinery & Equipment $ 360,000 Park landscape Improvements 101-3005-60431 Materials/Supplies $ 90,000 Replacement of street signs 101-7006-60103 Professional Services $ 200,000 GENERAL FUND CARRYOVERS $ 950,000 Heavy machinery/equipment purchase 201-7003-80100 Machinery & Equipment $ 300,000 Median upgrades 215-7004-60431 Materials/Supplies $ 100,000 Dune Palms Mobile Estates improvements 241-9104-72110 Building/Site Improvements $ 400,000 Land Purchase- Highway 111 and Dune Palms 249-0000-74010 Land Acquisition $ 3,624,192 Heavy machinery/equipment purchase 501-0000-80100 Machinery & Equipment $ 150,000 Park supplies and upgrades 503-0000-71060 Parks $ 200,000 SPECIAL FUNDS CARRYOVERS $ 4,774,192 TOTAL CARRYOVERS FOR ALL FUNDS $ 5,724,192 NOTE: In June 2023 when the budget is adopted, all carryovers are estimates based on projected invoices to end fiscal year 2022123. Upon completion of the final audit (approx. October 2023), Finance verifies account balances and makes additional carryover recommendations based on current budgetary needs. 684 CITY OF LA QUINTA RESOLUTION NO. 2023-XXX EXHIBIT B FY 2023/24 ADOPTED BUDGET ESTIMATED COMMITTED FUND BALANCE ESTIMATED AT 6-30-2023 LOAN PAYMENT TO GENERAL FUND FROM SUCCESSOR AGENCY OPERATING SURPLUS /(SHORTFALL) ESTIMATED AT 6-30-2024 NATURAL DISASTER $ 15,000,000 $ 15,000,000 ECONOMIC DISASTER $ 13,000,000 $ 13,000,000 CASH FLOW $ 5,000,000 $ 5,000,000 CAPITAL REPLACEMENT $ 12,000,000 $ 12,000,000 UNAPPROPRIATED $ 14,500,000 is 2,749,661 1 $ 1,649,350 1 $ 18,899,011 TOTAL COMMITTED RESERVES $ 59,500,000 $ 2,749,661 $ 1,649,350 $ 63,899,011 SUMMARY RESERVES 6/30/23 $ 59,500,000 NET CHANGE $ 4,399,011 RESERVES 6/30/24 $ 63,899,011 Net change, $4,399,011 CALCULATION FOR FORMER REDEVELOPMENT AGENCY LOAN REPAYMENT FY 2023/24 Approved Repayment Fund Total Repayment Distribution % Distribution $ General Fund $ 3,437,076 x 80% = 2,749,661 Housing Fund $ 3,437,076 x 20% = 687,415 $ 3,437,076 ESTIMATED ASSIGNED FUND BALANCE ESTIMATED AT 6-30-2023 ADDITIONS DELETIONS ESTIMATED AT 6-30-2024 SALES TAX (MEASURE G) $ 15,125,000 $ 4,000,000 $ - $ 19,125,000 PUBLIC SAFETY FIRE SERVICE TRUST $ 11,500,000 $ - $ - $ 11,500,000 CARRYOVERS AND CAPITAL PROJECTS (GENERAL FUND ONLY) $ 18,950,000 $ - $ - $ 18,950,000 PENSION TRUST FUND $ 5,200,000 $ 25,000 $ - $ 5,225,000 OTHER POST EMPLOYMENT BENEFITS TRUST FUND $ 1,800,000 $ 50,000 $ - $ 1,850,000 TOTAL ASSIGNED RESERVES $ 52,575,000 $ 4,075,000 $ - $ 56,650,000 REVISED EXHIBIT B - 685 SEE HANDOUTS FOR REDLINES ta Q"fra ATTACHMENT 1 ( Al11()R\1\ - 2023/24 PROPOSED BUDGET SUMMAKY The General Fund is the primary operating fund of the City and provides funding for police, fire protection, community programs, parks, public buildings, and administrative operations. The proposed budget has a projected surplus of $1,649,350, a summary of revenues by category and expenses by department is in Exhibit A. Upon adoption, Finance will prepare the final budget document which will be available to the public on the City's website. Our priority for the FY 2023/24 budget is to improve our long-term fiscal health while making strategic investments in our community priorities and existing commitments. This budget represents a pivotal point and cautious optimism by proposing significant investments in infrastructure projects and services for the community to advance Council priorities. GENERALFUND FY 2023/24 PROPOSED BUDGET SUMMARY Revenues $ 78,478,100 Less Operating/CIP Expenses (72,828,750) Preliminary Budget Surplus 5,649,350 Less Measure G Reserves (4.000.000) BUDGET SURPLUS $ 1,649,350 The 2023/24 proposed budget was presented at various public meetings held between April and June. Since the June 6, 2023, study session, the following items have been incorporated into the 2023/24 budget. City Manager's Department ■ City Manager's Division- An increase of $25,000 is requested for citywide request for proposal and bid services to assist the city with the procurement process. ■ Human Resources- An increase of $25,000 for Human Resources and Finance to work in conjunction on digitizing all personnel and payroll records. ■ Marketing- An overall increase of $75,300 includes the recently approved Chamber contract increase, additional sponsorships, and travel and training. ■ Information Technology Fund (502)- An increase of $150,000 will be utilized to upgrade audio visual equipment at City Hall. City Clerk's Department ■ An increase due to newly released membership costs for City Clerks Association of California (CCAC). Community Services Department ■ An increase of $40,000 to increase outreach efforts for the Community Service Grant program. Public Safety Department ■ An increase of $172,500 for the Public Safety Camera System's automatic license plate reader system annual fees. Public Works Department ■ A transfer of $500,000 from the Parks division to the Lighting and Landscape Fund in the amount of $500,000 for citywide tree removal, $10,000 will remain in the Parks division for as needed tree removal. Finance Department ■ An increase of $10,000 for financial forecasting and labor module which will be implemented in Fall 2023. In addition to these changes, all salary and benefit and internal service fund allocations were updated to reflect the revisions to the salary plan/schedule and classifications. MEASURE G SUMMARY The Financial Advisory Commission was presented the Operating and Capital Improvement budgets and unanimously approved the budgetary uses of Measure G funds which is summarized below. A historical summary is provided in Exhibit B. MEASURE G SALES TAX SUMMARY Measure G Sales Tax Revenue $ 15,700,000 Police Services (5,100,000) Capital Improvements (6,600,000) Available for Appropriation $ 4,000,000 OTHER FUNDS The City operates 33 Special Revenue Funds, 4 Internal Service Funds, 2 Enterprise Funds and 3 Trust Funds. These funds are legally required to be held separately from the General Fund and are restricted for road repairs, recycling programs, art in public places, police programs, housing programs, bond requirements, golf course operations, internally administered services, and retiree benefits. A summary of revenue and expenses for all Funds is located in Exhibit C. CAPITAL IMPROVEMENT PROGRAM (CIP) The Capital Improvement Program budget reflects the five-year plan adopted by Council and a summary of funded projects is located in Exhibit D. .:A ENTERPRISE FUNDS SilverRock Golf Resort operates under two funds, an operating fund and a capital replacement reserve fund. The SilverRock Golf Resort Fund annual management plan is being presented to City Council on the same night as this report. Readers are encouraged to read the full annual plan for details on revenues and expenditures. Highlights include impacts from ongoing construction and clubhouse closure and a golf course management fee increase of five percent (5%). It is anticipated that SilverRock operations and the budget will require continuous monitoring and adjustments during the 2023/24 fiscal year as ongoing hotel/commercial construction will affect operations. 2023/24 APPROPRIATIONS LIMIT CALCULATION Annually, the City is required to prepare an Appropriations Limit Calculation (Gann Limit) in accordance with Article XIIIB of the State Constitution. The Gann initiative limits the growth in governments spending to changes in population and inflation. The Gann Limit for 2023/24 is $170,450,479. This means that the City must not spend revenues in excess of this limitation. City revenues subject to the Gann Limit are $75,918,000; therefore, the City is significantly below the limit by a margin of $94,532,479 (Exhibit E). 2023/24 PERSONNEL SCHEDULE Exhibit F summarizes the citywide personnel schedule for 2023/24 and includes 100 full- time and 7.76 part-time positions. 2023/24 BUDGET RESOLUTION The list of estimated continuing appropriations/carryovers (Exhibit A to the Budget Resolution) reflects City commitments to projects, services or purchases that were made in 2022/23 but will not be completed, fulfilled, or paid for by the end of the fiscal year. The continuing appropriations total is $5,724,192; of this amount $950,000 are General Fund carryovers, and $4,774,192 are Special Funds. These unexpended funds remain available, but Council approval is needed to re -appropriate them for use in 2023/24 (since all appropriations lapse at the end of the fiscal year). Capital project and grant carryovers are not included as they are part of the year-end auditing process and will be included in the 2022/23 year-end budget report. Exhibit B to the Budget Resolution depicts total General Fund reserves currently estimated to end 2022/23 at $59,500,000 with a projected increase of $4,399,011 to $63,899,011 during fiscal year 2023/24. Project fund balances for Measure G sales tax, public safety fund, fire services trust fund, carryovers/capital projects, pension and other employee benefit trusts are also provided. The City's ability to pivot during challenging times, the dedication of our City staff, Executive team, and leadership of the City Council will help us fund vital services for our community. The City is committed to adopting a structurally balanced budget, any changes based on discussions during this meeting will be incorporated in the final adopted budget. REVISED - 688 SEE HANDOUTS FOR REDLINES CITY OF LA QUINTA EXHIBIT A FY 2023/24 ADOPTED BUDGET ESTIMATED CURRENT RESOURCES: REVENUES: TAXES $ 62,630,000 LICENSES & PERMITS 2,521,300 INTERGOVERNMENTAL 9,178,000 CHARGES FOR SERVICES 963,200 FINES & ASSESSMENTS 465,500 OTHER/MISCELLANEOUS 2,720,100 ESTIMATED CURRENT REQUIREMENTS: EXPENDITURES: CITY COUNCIL $ 317,900 CITY MANAGER DEPARTMENT 4,054,820 CITY MANAGER'S DIVISION 1,588,360 HUMAN RESOURCES 651,800 MARKETING/COMMUNITY RELATIONS 1,814,660 CITY ATTORNEY 800,000 CITY CLERK DEPARTMENT 1,169,670 COMMUNITY SERVICES 3,304,180 CS ADMINISTRATION 888,160 WELLNESS CENTER OPERATIONS 837,870 RECREATION PROGRAMS/SPECIAL EVENTS 1,578,150 PUBLIC SAFETY 30,508,560 POLICE 18,583,800 FIRE 9,889,120 CODE COMPLIANCE/ANIMAL CONTROL 1,711,000 PUBLIC SAFETY ADMINISTRATION 324,640 PUBLIC WORKS 9,108,850 PARKS MAINTENANCE 4,144,950 PUBLIC BUILDINGS 1,715,750 PUBLIC WORKS ADMINISTRATION 821,900 DEVELOPMENT SERVICES 532,900 STREETS- TRAFFIC 885,750 ENGINEERING SERVICES 1,007,600 DESIGN & DEVELOPMENT 4,259,400 D&D ADMINISTRATION 811,600 PLANNING 707,400 BUILDING 1,398,700 THE HUB 1,341,700 FISCAL SERVICES 19,305,370 FINANCE 1,957,270 CENTRAL SERVICES (Includes CIP) 17,348,100 PRELIMINARY BUDGET SURPLUS ' $ 5,649,350 LESS MEASURE G SALES TAX RESERVES (4.000.000 .:• CITY OF LA QUINTA EXHIBIT B FY 2023/24 ADOPTED BUDGET MEASURE G REVENUES AND USES SUMMARY 2016/17 Actual $ 1,462,650 2017/18 Actual 9,967,657 2018/19 Actual 10,958,118 2019/20 Actual 10,310,526 2020/21 Actual 12,594,389 2021/22 Actual 15,615,802 2022/23 Budget (Current) 15,500,000 2023/224 Budget (Adopted) 15,700,000 TOTAL $ 92,109,142 MEASURE G USES Year Earned Project Description Operational Capital Reserves Total by Year 2016/17 Eisenhower Dr. Retention Basin 201704MG 750,000 X-Park Funding 151609MG 712,650 1,462,650 2017/18 Public Safety Fund 300,000 North La Quinta Landscape Improvements 201603MG 1,802,576 Citywide Drainage Enhancements 151612MG 2,407,373 La Quinta Village Road Diet Project 151603MG 1,972,158 X-Park Funding 151609MG 147,350 Alongi Building Improvements 201806 800,000 SilverRock Event Site 201608MG 321,900 SilverRock Event Site 201608MG 244,700 Alongi Building at SilverRock Event Site 201806 160,000 SilverRock Event Site 201608MG 290,000 SilverRock Event Site Retention Basin 202007MG 10,000 SilverRock Event Site Retention Basin 202007MG 427,250 Measure G Reserves 17/18 1,084,350 9,967,657 2018/19 Public Safety Fund 850,000 Public Safety Contract Services 2,100,000 Citywide Drainage Enhancements 151612MG 194,730 North La Quinta Landscape Improvements 201603MG 2,129,613 SilverRock Event Site 201608MG 1,300,000 Measure G Reserves 18/19 4,383,775 10,958,118 2019/20 Public Safety Contract Services 2,750,000 Corporate Yard Administration/Crew Quarters 2018056MG 411,013 Highway 111 Corridor Improvements 201905MG 1,000,000 North La Quinta Landscape Improvements 201603MG 3,703,369 Village Art Plaza Promenade 201901 MG 310,000 Measure G Reserves 19/20 2,136,144 10,310,526 2020/21 Public Safety Contract Services 4,545,000 X-Park Landscaping 151609MG 275,000 Highway 111 Corridor Improvements 201905MG 250,000 Measure G Reserves 2020/21 7,524,389 12,594,389 2021/22 Public Safety Contract Services 5,163,000 Landscape Renovation Improvements 201603MG 1,408,356 Highway 111 Corridor Improvements 201905MG 1,000,000 Fritz Burns Park Improvements 350,000 Allocate Bridge Funding 111205 7,468,061 Measure G Reserves 2021/22 226,385 15,615,802 2022/23 Public Safety Contract Services 5,100,000 Landscape Renovation Improvements 201603MG 500,000 La Quinta Skate Park Conversion 201903MG 500,000 Sports Complex Lighting 202204MG 250,000 Village Underground Utilities Feasibility 202206MG 100,000 ADA Transition Plan Update 202209MG 150,000 Village Parking Lot 202211MG 500,000 Phase II Public Safety Camera System 202213MG 1,797,000 Smart Infrastructure Feasibility 202213MG 250,000 Highway 111 Corridor Improvements 201905MG 1,000,000 Sports Complex Lighting Additional Funding Approved 1/17/2023 2022-04 50,000 Measure G Reserves 2022/23 5,303,000 15,500,000 2023/24 Public Safety Contract Services 5,100,000 Highway 111 Corridor Improvements 201905MG 1,000,000 Avenue 48 Art and Music Line 202008MG 2,400,000 Fritz Burns Park Improvements 202102MG 1,500,000 Highway 111 Event Site 202304MG 500,000 Washington St. Connector to Art & Music Line 202309MG 1,200,000 Measure G Reserves 2023/24 4,000,000 15,700,000 TOTAL $ 20,808,000 $ 41,543,099 $ 24,658,043 $ 92,109,142 24 % 48 % 28% ME CITY OF LA QUINTA EXHIBIT C FY 2023/24 ADOPTED BUDGET SUMMARY OF •' 1 FUND # FUND NAME TOTAL REVENUES TOTAL EXPENSES SURPLUS/ (DEFICIT) 101 GENERAL FUND 78,478,100 76,828,750 1,649,350 105 DISASTER RECOVERY FUND 15,000 - 15,000 201 GAS TAX FUND 2,458,600 2,802,400 (343,800) 202 LIBRARY & MUSEUM FUND 2,922,000 2,240,160 681,840 203 PUBLIC SAFETY FUND 2,500 - 2,500 210 FEDERAL ASSISTANCE FUND (CDBG) 156,000 156,300 (300) 212 SLESF (COPS) 101,500 100,000 1,500 215 LIGHTING & LANDSCAPING FUND 2,992,000 3,186,915 (194,915) 220 QUIMBY FUND 50,000 - 50,000 221 AB 939 - CALRECYCLE 70,000 150,000 (80,000) 223 MEASURE A FUND 2,028,000 1,865,000 163,000 225 INFRASTRUCTURE FUND 500 - 500 226 EMERGENCY MANAGEMENT PERFORMANCE FUND 12,500 12,000 500 227 STATE HOMELAND SECURITY PROGRAM 5,000 5,000 - 230 CASp FUND, AB 1379 20,500 5,500 15,000 235 SO COAST AIR QUALITY FUND 55,000 54,000 1,000 241 HOUSING AUTHORITY FUND 1,401,500 1,596,340 (194,840) 243 RDA LOW -MOD HOUSING FUND 30,000 250,000 (220,000) 247 ECONOMIC DEVELOPMENT FUND 20,000 31,500 (11,500) 249 SA 2011 LOW/MOD BOND 36,000 250,000 (214,000) 250 TRANSPORTATION DIF 1,520,000 550,000 970,000 251 PARKS & RECREATION DIF 751,500 650,000 101,500 252 CIVIC CENTER DIF 501,500 - 501,500 253* LIBRARY DEVELOPMENT DIF 100,000 15,000 85,000 254 COMMUNITY CENTER DIF 252,500 - 252,500 255 STREET FACILITY DIF 1,000 - 1,000 256 PARK FACILITY DIF 100 - 100 257 FIRE PROTECTION DIF 151,500 - 151,500 259 MAINTENANCE FACILITIES DIF FUND 101,000 180,000 (79,000) 270 ART IN PUBLIC PLACES FUND 154,000 233,000 (79,000) 275 LQ PUBLIC SAFETY OFFICER FUND 2,500 - 2,500 310 LQ FINANCE AUTHORITY FUND 1,100 1,100 - 401 CAPITAL IMPROVEMENT PROGRAMS 17,950,700 17,950,700 - 405 SA PA1 CAPITAL IMPROVEMENT BOND 1,500 - 1,500 501 FACILITY & FLEET REPLACEMENT FUND 1,685,000 1,448,750 236,250 502 INFORMATION TECHNOLOGY FUND 2,256,708 3,082,620 (825,912) 503 PARK EQUIP & FACILITY FUND 470,000 2,242,200 (1,772,200) 504 INSURANCE FUND 1,362,230 1,118,000 244,230 601 SILVERROCK RESORT FUND 5,277,950 5,034,993 242,957 602 SILVERROCK GOLF RESERVE FUND 87,000 - 87,000 760 SUPPLEMENTAL PENSION PLAN 6,000 12,850 (6,850) 761 CERBT OPEB TRUST (HEALTH BENEFITS) 20,000 1,800 18,200 762 PARS PENSION TRUST 100,000 30,000 70,000 GRAND TOTAL 123,608,488 122,084,878 1,523,610 * This fund has an outstanding inter -agency loan due to the Successor Agency. 691 Project No. Project Total Funding 2324ADA ADA Accessible Ramps - Various Locations ■ $ 20,00( 2324CPM Citywide Preventative Maintenance Plan Improvements $ 50,00( 2324PMP Pavement Management Plan Street Improvements $ 1,500,00( 2324STI Sidewalks - Various Locations $ 55,00( 2324TMI Citywide Traffic Signal Maintenance Improvements $ 235,00( 2324DRA Citywide Drainage Enhancements $ 477,00( 201702 Developer Reimbursement for DIF Eligible Improvements $ 400,00( 201804 Landscape and Lighting Median Island Improvements $ 500,00( 201805 Maintenance and Operations Yard 201905 )lementation 1, 2022f Avenue 48 Art and Music Line 2,400,00 202102* Fritz Burns Park Improvements 5,500,00( 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 439,40( 202301 Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street) 1,380,00( 202302 Avenue 52 Monroe Street (New Traffic Signal) 150,00( 202303 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) 478,00( 202304 Highway 111 Event Site 500,00( 202305 X Park Pedestrian Signal 250,00( 202306 La Quinta Parks Phase I (Sports Complex, CMP, and La Quinta Park) 1 650,00( 202307 Citywide Miscellaneous ADA Improvements 136,30( 202308 X Park Building ADA Improvements 350,00( 202309 Washington Street Connector to Art and Music Line $ 1,200,00( �02310 SilverRock Dust Control Improvements $ 1,000,00( TOTAL: $ 18,850,701 Multiple funding sources TEAL: Measure G Funds $6,600,000 (35%) ORANGE: General Funds $4,902,000 (26%) WHITE: Measure A and SB1 RMRA Funds $2,782,400 (14.8%) Special Revenue Funds $4,566,300 (24.2%) CITY OF LA QUINTA City of La Quinta Gann Limit Appropriation Calculation FY 2023/24 EXHIBIT E FY 2023/24 ADOPTED BUDGET (Page 1 of 2) (1) (2) (3) (4) (5) (6) (7) (8) (9) M City's City's U.S. CPI % Change in Local % Change M M Prior Year Previous Year's Current Year's Population Annual Non -Residential In Per Current Year Compliance Year Gann Limit Population Population % Change % Change Construction Capita Income Gann Limit Amounts 92-93 14,240,507 12,932 14,840 14.80 % N/A 0.68 % -0.64 % 16,452,801 4,452,292 93-94 16,452,801 14,840 15,693 5.75% N/A 0.16% 2.72% 17,871,744 5,301,754 94-95 16,452,801 15,693 16,634 6.00% N/A 0.14% 0.71% 19,077,886 6,561,880 95-96 19,077,886 16,634 17,101 2.81% N/A N/A 4.72% 20,539,255 7,762,496 96-97 20,539,255 17,101 18,045 5.52% N/A N/A 4.67% 22,685,183 8,257,148 97-98 22,685,183 18,045 19,217 6.49% N/A N/A 4.67% 25,286,762 9,667,831 98-99 25,286,762 19,217 20,444 6.38% N/A N/A 4.15% 4 28,017,719 12,222,332 99-00 28,017,719 20,444 21,763 6.45% N/A N/A 4.53% 31,176,447 9,801,749 00-01 31,176,447 21,763 24,240 10.77% N/A N/A 4.91% 36,229,777 10,785,551 01-02 36,229,777 24,240 26,321 12.66% N/A N/A 7.82% 44,008,314 12,181,391 02-03 44,008,314 26,321 28,715 10.52% N/A N/A -1.27% 48,020,286 14,233,708 03-04 48,020,286 28,715 30,452 5.99% N/A N/A 2.31% 52,072,415 14,547,338 04-05 52,072,415 30,452 32,522 5.90% N/A N/A 3.28% 56,953,433 16,507,192 05-06 56,953,433 32,522 36,145 9.19% N/A N/A 5.26% 65,458,514 22,777,443 06-07 65,458,514 36,145 38,340 5.40% N/A N/A 3.96% 71,725,407 27,384,580 07-08 71,725,407 38,340 41,092 6.44% N/A N/A 4.42% 79,718,951 32,163,100 08-09 79,718,951 41,092 42,743 4.46% N/A N/A 4.29% 86,846,889 33,562,980 09-10 86,846,889 42,743 43,778 2.42% N/A N/A 0.62% 89,500,065 33,519,652 10-11 89,500,065 43,778 37,307 (1) 1.35% N/A N/A -2.54% 88,404,325 30,055,388 11-12 88,404,325 37,307 37,836 (1) 1.42% N/A N/A 2.51% 91,910,124 29,884,568 12-13 91,910,124 37,688 38,075 (2) 1.03% N/A N/A 3.77% 96,357,500 31,954,838 13-14 96,357,500 38,190 38,412 0.55% N/A N/A 5.12% 101,848,105 33,412,900 14-15 101,848,105 38,412 39,032 1.61% N/A N/A -0.23% 103,249,837 35,982,642 15-16 103,249,837 39,032 39,694 1.72% N/A N/A 3.82% 109,037,717 37,391,100 16-17 109,037,717 39,694 39,977 1.69% N/A N/A 5.37% 116,834,735 39,339,800 17-18 116,834,735 39,977 40,677 (2) 1.25% N/A N/A 3.69% 122,660,261 48,021,600 18-19 122,660,261 40,605 41,753 1.48% N/A N/A 3.67% 129,043,889 51,452,200 19-20 129,043,889 41,753 42,098 (2) 0.83% N/A N/A 3.85% 135,124,379 56,851,900 20-21 135,124,379 40,389 40,660 (2) 0.67% N/A N/A 3.73% 141,103,621 49,433,000 21-22 141,103,621 40,906 41,247 (2) 0.83% N/A N/A 5.73% 150,427,126 57,775,110 22-23 150,427,126 37,949 37,860 2 -0.23% N/A N/A 7.55% 161,412,270 67,321,000 23-24 161,412,270 37,562 37,979 (2) 1.11% N/A N/A 4.44% 170,450,479 75,918,000 The Gann Limit is adjusted annually by multiplying the "Prior Year Gann Limit" (column 1) by the "% Change in Population" (column 4) and then by the greater of the "% Change in New Local Non-residential Construction or % Change in California Per Capita Income" (column 6 or 7). This Gann adjustment figure is then added to the prior year's limit amount to obtain the current year Gann limit amount in column 8. The U.S. CPI factor (column 5) was used in place of the non-residential construction (column 6) amount and the lower of the two factors, the U.S. CPI or Per Capita Income, for the calculation prior'to FY 1990-91. The City has elected in column (2) and (3) to use the City population method versus the change in County population. (1) The population for FY 2010/2011 and FY 2011/2012 are adjusted to the Federal 2010 Census counts. (2) The previous population is furnished by the Department of Finance. The Shaded boxes indicate the calculation factor that was used to calculate that year's Gann Limit. 693 CITY OF LA QUINTA GANN APPROPRIATION LIMIT ANALYSIS EXHIBIT E FY 2023/24 ADOPTED BUDGET (Page 2 of 2) In 1979, Proposition 4, the "Gann" initiative, was passed. The Proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue which can be spent by all entities of Government. Gann limit is adjusted annually by the following two factors: Annual population change and the greater of the change in: 1) State Per Capita Income, or 2) The Local Assessment roll for local non-residential construction. When a City reaches this limit, excess tax revenue must be returned to the State or Citizens through a process of refunds, rebates, or other means that may be defined at that time. The Gann limit for the City of La Quinta has increased steadily since 1984 and still provides the City with a comfortable operating margin. The revenue collection and spending limit for City of La Quinta FY 2023/24 is $170.5 million. "Proceeds of taxes" are projected to be $75.9 million in FY 2023/24 allowing the City a margin of $94.5 million. the graph on the following page, the highest bars represent the spending limit and the lower bars represent the appropriation of taxes for the last 180,000,000 160,000,000 140,000,000 120,000,000 100,000,000 80,000,000 60,000,000 40,000,000 20,000,000 0 CITY OF LA QUINTA SPENDING LIMIT VERSUS APPROPRIATION OF PROCEEDS OF TAXES 08-09 09-10 10-11 11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 23-24 694 EXHIBIT F CITY OF LA QUINTA PERSONNEL SCHEDULE BY DEPARTMENT FY 2023/24 ADOPTED BUDGET CITY COUNCIL Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Mayor & City Council 5 5 5 TOTAL 5 5 5 CITY CLERK Funding Source Personnel Schedule Adopted 2021/22 Adopted 2022/23 Proposed 2023/24 General Fund Administrative Assistant 1 1 0 General Fund Administrative Technician 0 0 2 General Fund City Clerk Director 0.9 0.9 0.9 Housing Authority City Clerk Director 0.1 0.1 0.1 General Fund Deputy City Clerk 1 1 1 General Fund Management Assistant 1 1 0 General Fund Permit Technician 0 2 1 General Fund Senior Permit Technician 0 0 1 TOTAL 4 6 6 CITY MANAGER Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Administrative Technician 0 0 0.2 Housing Authority Administrative Technician 0 0 0.8 General Fund Human Resources Manager 0 0 1 General Fund Human Resources Technician 0 0 2 General Fund City Manager 0.8 0.8 0.8 Housing Authority City Manager 0.2 0.2 0.2 General Fund Marketing & Communications Specialist 0 0 2 General Fund Director (Business Unit & Housing Development 0.6 0.6 0.6 Housing Authority Director (Business Unit & Housing Development 0.4 0.4 0.4 General Fund Executive Specialist 0 0 1 Housing Authority Management Analyst 0.6 0.6 0.6 Information Technology Management Analyst 0.4 0.4 0.4 General Fund Management Assistant 0.2 0.2 0 Housing Authority Management Assistant 0.8 0.8 0 General Fund Management Specialist 2.4 2.4 0.4 Housing Authority Management Specialist 0.6 0.6 0.6 General Fund Marketing Manager 1 1 1 General Fund Senior Code Compliance Officer 0 0 1 TOTAL 8 8 13 COMMUNITY RESOURCES Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Administrative Assistant 2 2 0 General Fund Administrative Technician 1.6 2.8 0 Library & Museum Administrative Technician 0.4 0.2 0 General Fund Animal Control/Code Compliance Supervisor 1 1 0 General Fund Code Compliance Officer 1 2 2 0 General Fund Code Compliance Officer II 4 4 0 General Fund Community Resources Coordinator 1 1 0 General Fund Community Resources Director 0.7 0.7 0 General Fund Community Resources Director 0.15 0.15 0 Library & Museum Community Resources Director 0.15 0.15 0 General Fund Community Resources Manager 0.4 0.4 0 Wellness Center Community Resources Manager 0.4 0.4 0 695 EXHIBIT F CITY OF LA QUINTA PERSONNEL SCHEDULE BY DEPARTMENT FY 2023/24 ADOPTED BUDGET COMMUNITY RESOURCES (continued) Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 Library & Museum Community Resources Manager 0.2 0.2 0 General Fund Community Resources Specialist 1 1 0 General Fund Human Resources Analyst 1 1 0 General Fund Community Resources Analyst 0.8 0.8 0 Library & Museum Community Resources Analyst 0.2 0.2 0 General Fund Management Assistant 1 1 0 General Fund Public Safety Manager 0.8 0.8 0 General Fund Public Safety Manager 0.2 0.2 0 General Fund Part -Time Administrative Technician 0.97 0 0 General Fund Part -Time Recreation Leader 5.96 5.96 0 General Fund Part -Time Senior Recreation Leader 1.94 1.94 0 General Fund Senior Emergency Management Coordinator 1 1 0 TOTAL 28.87 28.9 0 COMMUNITY SERVICES Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Administrative Technician 0 0 5 General Fund Community Services Deputy Director 0 0 0.4 Library & Museum Community Services Deputy Director 0 0 0.2 Wellness Center Community Services Deputy Director 0 0 0.4 General Fund Community Services Specialist 0 0 1 General Fund Management Analyst 0 0 0.8 Library & Museum Management Analyst 0 0 0.2 General Fund Part -Time Recreation Leader 8 5.96 5.82 General Fund Part -Time Senior Recreation Leader 2 1.94 0.97 General Fund Senior Community Services Specialist 0 0 1 TOTAL 10 7.9 15.79 PUBLIC SAFETY Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Administrative Technician 0 0 2 General Fund Animal Control/Code Compliance Supervisor 0 0 1 General Fund Code Compliance Officer 0 0 2 General Fund Management Analyst 0 0 1 General Fund Public Safety Deputy Director 0 0 0.8 General Fund Public Safety Deputy Director 0 0 0.2 General Fund Senior Code Compliance Officer 0 0 3 TOTAL 0 0 10 PUBLIC WORKS Funding Source Personnel Schedule Adopted 2021/22 Adopted 2022/23 Proposed 2023/24 General Fund Administrative Assistant 1 1 1 General Fund Administrative Technician 0 0 1 General Fund Assistant Construction Manager 1 1 1 General Fund Associate Engineer 1 1 1 General Fund Public Works Director/City Engineer 1 1 1 General Fund Construction Inspector 2 2 2 General Fund Facilities Deputy Director 0.5 0.5 0 General Fund Facilities Deputy Director 0.5 0.5 0 Gas Tax Fund Maintenance Foreman 1 1 0 General Fund Maintenance & Operations Coordinator 1 1 1 .•. EXHIBIT F CITY OF LA QUINTA PERSONNEL SCHEDULE BY DEPARTMENT FY 2023/24 ADOPTED BUDGET PUBLIC WORKS (continued) Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Maintenance & Operations Crew Leader 0 0 1.5 Lighting & Landscape Maintenance & Operations Crew Leader 0 0 0.5 General Fund Maintenance & Operations Deputy Director 0 0 0.5 General Fund Maintenance & Operations Deputy Director 0 0 0.5 General Fund Maintenance & Operations Superintendent 0 0 2.5 Gas Tax Fund Maintenance & Operations Superintendent 0 0 1 Lighting & Landscape Maintenance & Operations Superintendent 0 0 0.5 Gas Tax Fund Maintenance & Operations Worker 0 0 4 General Fund Maintenance & Operations Worker 0 0 2.5 Lighting & Landscape Maintenance & Operations Worker 0 0 1.5 Gas Tax Fund Maintenance Worker 1 2 2 0 General Fund Maintenance Worker 1 2.5 2.5 0 Lighting & Landscape Maintenance Worker 1 1.5 1.5 0 Gas Tax Fund Maintenance Worker II 2 2 0 General Fund Maintenance Worker II 0.5 0.5 0 Lighting & Landscape Maintenance Worker II 0.5 0.5 0 General Fund Maintenance & Operations Technician 1 1 1 General Fund Management Analyst 2.5 2.5 1 Lighting & Landscape Management Analyst 0.5 0.5 0 General Fund Management Assistant 1 1 0 General Fund Parks/L&L Foreman 0.5 0.5 0 Lighting & Landscape Parks/L&L Foreman 0.5 0.5 0 Gas Tax Fund Senior Maintenance & Operations Worker 0 0 2 General Fund Senior Maintenance & Operations Worker 0 0 1.5 Lighting & Landscape Senior Maintenance & Operations Worker 0 0 0.5 General Fund Traffic Operations Analyst 1 1 0 General Fund Traffic Signal Technician 2 2 2 TOTAL 27 27 31 DESIGN AND DEVELOPMENT Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Administrative Assistant 2 2 2 General Fund Administrative Technician 1 1 1 General Fund Associate Planner 1 1 1 General Fund Building Inspector 0 0 1 General Fund Building Inspector 1 1 1 0 General Fund Building Inspector 11 2 2 0 General Fund Building Official 1 1 1 General Fund Data Reporting Specialist 0 0 0.97 General Fund Deputy Building Official 0 0 1 General Fund Design & Development Director 1 1 1 General Fund Hub Manager 1 1 1 General Fund Part -Time Software Program Report Writer 0.97 0.97 0 General Fund Permit Technician 5 6 6 General Fund Planning Manager 1 1 1 General Fund Plans Examiner 1 1 1 General Fund Senior Building Inspector 0 0 2 General Fund Senior Building Inspector/Plans Examiner 0 1 0 General Fund Senior Permit Technician 0 0 1 697 EXHIBIT F CITY OF LA QUINTA PERSONNEL SCHEDULE BY DEPARTMENT FY 2023/24 ADOPTED BUDGET DESIGN AND DEVELOPMENT (continued) Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Senior Planner 1 1 1 TOTAL 18.97 20.97 21.97 FINANCE Adopted Adopted Proposed Funding Source Personnel Schedule 2021/22 2022/23 2023/24 General Fund Accounting Manager 1 1 0 General Fund Account Technician 3 3 0 General Fund Finance Technician 0 0 2 General Fund Accountant 1 1 1 General Fund Administrative Technician 0 0 1 General Fund Finance Director 0.9 0.9 0.9 Housing Authority Finance Director 0.1 0.1 0.1 General Fund Finance Manager 0 0 1 General Fund Financial Services Analyst 1 1 0 General Fund Junior Accountant 1 1 1 General Fund Management Assistant 1 1 0 General Fund Principal Management Analyst 0 0 1 General Fund Senior Accountant 0 0 1 General Fund Senior Finance Technician 0 0 1 TOTAL 9 9 10 TOTAL NUMBER OF ELECTED OFFICIALS 5 5 5 TOTAL NUMBER OF PART-TIME EMPLOYEE 9.84 8.87 7.76 TOTAL NUMBER OF FULL-TIME EMPLOYEE 86 91 100 TOTAL NUMBER OF EMPLOYEES 100.84 104.87 112.76 PUBLIC HEARING ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: ,tune 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR FISCAL YEAR 2023/24 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 RECOMMENDATION Adopt a resolution confirming the Assessment and District Diagram for the Landscape and Lighting Assessment District 89-1 for fiscal year 2023/24, pursuant to the Engineer's report. EXECUTIVE SUMMARY • Annually, Council must take certain actions pertaining to Citywide Landscape and Lighting Assessment District 89-1 (District) to allow the City to levy annual assessments. These assessments fund 38% of the citywide landscape, lighting, median, and parkway maintenance costs. Fiscal Year (FY) 2023/24 assessment rate will remain at $35.60 per dwelling/parcel also identified as an Equivalent Benefit Unit (EBU). This has been the rate since 1997. • Adopting this resolution is necessary for the Riverside County Assessor to place the assessment on the tax roll for FY 2023/24. FISCAL IMPACT FY 2023/24 estimated cost for retention basin and right-of-way maintenance (landscaping and lighting maintenance for medians and parkways) is $2,617,176. The assessment charge will generate an estimated $989,016. The City will also receive $150,000 from County Service Area 152, levied by Riverside County, to fund retention basin maintenance. The combined income is projected to be $1,139,016; this leaves a shortfall of $1,478,160 to be funded by the General Fund. BACKGROUND/ANALYSIS In 1989, the Council formed a District to fund costs associated with the maintenance, construction and servicing of landscape areas, streetlights and traffic signals. The District was modified in 1997 to conform to Proposition 218, which required the removal of " maintenance costs for facilities that provide general benefit to the public such as parks, fire stations, and public buildings. Since 1997, the City's District has only included maintenance costs for streets, streetlights, traffic signals, landscape medians, parkways and retention basins since these costs are considered "exempt" under Proposition 218. Beginning in 1997, maintenance of "non-exempt" items (i.e., facilities providing general benefit) were shown separately but still shown as part of the overall landscape maintenance budget. Proposition 218 requires that any assessment rate increase be supported by a benefits analysis and Citywide vote in favor of the increase. These requirements locked the assessment rate at $35.60 since 1997, while maintenance costs have nearly tripled. On June 6, 2023, the Council adopted the following resolutions: • Resolution No. 2023-12 approving the Preliminary Engineer's Report for FY 2023/24 in connection with the District. Resolution No. 2023-13 declaring intention to levy annual assessment for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide District and giving notice thereof. The engineer's report must contain the following information: 1. A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the engineer's report; 3. A diagram showing the boundaries of the District, including special benefit zones; and 4. An assessment schedule. The final engineer's report (Attachment 1) has been completed and establishes the maintenance budget and number of benefitting parcels. The chart below compares the projected FY 2023/24 data with FY 2022/23 data: City wide Benefit Zone Number of Local Benefit Units Number of Equivalent Benefit Units (EBUs) EBU Rate District Revenue 2023/24 Yes 6 27,782 $35.60/EBU $989,016 2022/23 Yes 6 27,782 $35.60/EBU $989,016 The City's consultant, Willdan Financial Services, does not project an increase in EBU's from 2022/23 to 2023/24; actuals will be based on the final FY 2023/24 County Secured Tax Roll. 700 This public hearing affords an opportunity for impacted property owners to ask questions regarding the District and to provide public testimony regarding any proposed changes. No changes are proposed at this time. The City Council may adopt FY 2023/24 assessment fees only after the public hearing has been conducted. Should the Council receive testimony through the public meeting/hearing that warrants a change to the assessment level, the Council can lower the assessment by a majority vote. If lowered, the reduction in assessment level would impact the revenues necessary to fund the District's 2023/24 operational budget. Council may also increase the assessment level but only by a special -benefit analysis and vote through a property -owner ballot. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference. ALTERNATIVES The Council can direct staff to adjust the engineer's report to reflect any changes resulting from the public hearing. Should Council direct amendments to the engineer's report, an amended report and impacts of the amendments would be submitted for approval at the July 18, 2023, Council meeting. Prepared by: Dianne Hansen, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. 2023/24 Engineers Annual Levy Report 701 RESOLUTION NO. 2023 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2023/2024 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) WHEREAS, maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values; and WHEREAS, the annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and Lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election; and WHEREAS, on June 6, 2023, the City Council adopted the following resolutions: • Resolution No. 2023-12, approving the Preliminary Engineer's Report for Fiscal Year 2023/2024 in connection with Landscape and Lighting Assessment District 89-1; • Resolution No. 2023-13, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the City-wide Landscape and Lighting Assessment District 89-1, and giving notice thereof; and WHEREAS, a Notice of a Public Hearing to Adopt a Resolution Confirming the Diagram and Assessments for Fiscal Year 2023/2024 Landscape and Lighting Assessment District 89-1 was published in The Desert Sun newspaper on June 9, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2023/2024. SECTION 2. The City filed an annual report on June 6, 2023, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2023/2024 702 Resolution No. 2023-XXX FY 2023/24 Landscape and Lighting Assessment District 89-1 Adopted: June 20, 2023 Page 2 of 3 (Resolution No. 2023-013) and set a Public Meeting/Hearing date of June 20, 2023 at the La Quinta City Council Chambers, 78495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On June 20, 2023, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 4. On June 20, 2023, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 5. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2023/2024. SECTION 6. This Resolution shall go into effect upon adoption. SECTION 7. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this Resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of June 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 703 Resolution No. 2023-XXX FY 2023/24 Landscape and Lighting Assessment District 89-1 Adopted: June 20, 2023 Page 3 of 3 ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 704 ta Qa,�tta — GEM of for DESERT — City of La Quinta Street Lighting and Landscape District No. 89-1 2023/2024 ENGINEER'S ANNUAL LEVY REPORT Intent Meeting: June 6, 2023 Public Hearing: June 20, 2023 Nry W I LLDAN 705 AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT City of La Quinta Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District therein including the improvements, budgets, parcels and assessments to be levied for fiscal year 2023/2024, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this 7-* day of —Sune , 2023. Willdan Financial Services Assessment Engineer On Behalf of the City of La Quinta W.V,�J-01 Daniel Louie Project Manager, District Administration Services oQROFESS1% �w E NO. By: 81888 Tyrone Peter P.E. # C 81888 s �y�l FNc►N��'� T,QT fOF CAIJ 706 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO. 89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of 2023. BY: Monika Radeva, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of 2023. BY: Monika Radeva, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of 12023. BY: Monika Radeva, City Clerk City of La Quinta Riverside County, California 707 TABLE OF CONTENTS L OVERVIEW 1 A. INTRODUCTION 1 B. COMPLIANCE WITH CURRENT LEGISLATION 1 C. HISTORICAL BACKGROUND AND LEGISLATION 2 IL DESCRIPTION OF THE DISTRICT 2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT 2 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2 C. IMPROVEMENTS WITHIN THE DISTRICT 4 Ill. METHOD OF APPORTIONMENT 5 A. GENERAL 5 B. BENEFIT ANALYSIS 5 C. METHODOLOGY 6 IV. DISTRICT BUDGETS 10 A. DESCRIPTION OF BUDGET ITEMS B. 2023/2024 DISTRICT BUDGET 10 11 APPENDIX A - DISTRICT ASSESSMENT DIAGRAM 14 APPENDIX B - 2023/2024 COLLECTION ROLL 15 708 W WILLDAN L OVERVIEW A. INTRODUCTION The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the "1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2023/2024. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the City Council may order the levy and collection of assessments for Fiscal Year 2023/2024 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the Riverside County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2023/2024. B. COMPLIANCE WITH CURRENT LEGISLATION The District was formed in 1989 pursuant to the 1972 Act. As such, the City has determined that pursuant to California Constitution Article XIIID Section 5 Subsection A the existing assessments are exempt from the substantive and procedural requirements of Proposition 218. Any new or increased assessments above the maximum assessment rates previously approved and levied by the City Council would be subject to both the substantive and procedural requirements of the Proposition. 2023/2024 City Of La Quinta L&L 89-1 Page 1 of 15 709 W WILLDAN C. HISTORICAL BACKGROUND AND LEGISLATION The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years' costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. /Z DESCRIPTION OF THE DISTRICT A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following: • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. 2023/2024 City Of La Quinta L&L 89-1 Page 2 of 15 710 W WILLDAN • The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: • The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the Riverside County (the "County") for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: • Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. 2023/2024 City Of La Quinta L&L 89-1 Page 3 of 15 711 W WILLDAN C. IMPROVEMENTS WITHIN THE DISTRICT The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: • Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. • Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. • Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this Report. 2023/2024 City Of La Quinta L&L 89-1 Page 4 of 15 712 W WILLDAN AZ METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. B. BENEFIT ANALYSIS Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well - maintained landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the landscaping improvements are specifically: • Enhanced desirability of properties through association with the 2023/2024 City Of La Quinta L&L 89-1 Page 5 of 15 713 W WILLDAN improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well -maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: • Enhanced deterrence of crime — an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. METHODOLOGY Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the 2023/2024 City Of La Quinta L&L 89-1 Page 6 of 15 714 W WILLDAN improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Benefit Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Benefit Unit ("EBU") factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EBU. The EBU method assessment for this District uses the Single -Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR") parcel equals one EBU. Every other land -use is assigned an EBU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single -Family Residential parcel. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EBU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EBU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EBUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EBUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EBU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EBU as reflected in the Assessment Methodology. 2023/2024 City Of La Quinta L&L 89-1 Page 7 of 15 715 xempt Parcels ingle Family Residential Parcels ulti-Family Residential Parcels on -Residential Parcels @cant Residential Parcels acant Non -Residential Parcels olf Course Parcels gricultural Parcels illside Conservative Zone Parcels cant & Remote Parcels ral/Estate Residential Single -Family Residential W WILLDAN 0.0 1.0 per unit 0.5 per unit 5.0 per acre; 1.0 minimum 0.33 per unit 1.65 per acre for first 20 acres only 0.50 per acre; 1.0 minimum 0.25 per acre; 1.0 minimum 0.10 per acre 0.825 per acre for first 20 acres only 1.0 + 0.33 per acre in excess 1 acre The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single-family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EBU. Multi -Family Residential Multi -Family Residential parcels are assessed one-half (0.5) EBU per unit. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EBUs per acre with a minimum number per parcel of one (1) EBU. Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EBU per parcel. Vacant Non -Residential Parcels not considered single family residential parcels less than one acre and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EBU per acre or any portion of an acre. The minimum number of EBUs per parcel is one (1) EBU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. 2023/2024 City Of La Quinta L&L 89-1 Page 8 of 15 716 vy WILLDAN Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EBU per acre or any portion of an acre. The minimum number per parcel is one (1) EBU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EBU per acre or any portion of an acre. The minimum number per parcel is one (1) EBU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EBU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (LAFCO Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non - Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EBUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EBU per parcel. Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EBU for the first acre and 0.33 EBUs for each additional acre or portion of an acre. Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District's assessment rates for Fiscal Year 2023/2024 over or above the maximum rate established. The proposed rate per EBU for Fiscal Year 2023/2024 is the same rate assessed for Fiscal Year 2022/2023. The base assessment rate to be approved for Fiscal Year 2023/2024 is $35.60. The maximum assessment rate per EBU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EBU. This equates to total projected assessment revenue of $989,016. 2023/2024 City Of La Quinta L&L 89-1 Page 9 of 15 717 W WILLDAN The City proposes the remaining $5,684,671 be funded through a General Fund contribution of $5,534,671 and $150,000 of revenue from CSA 152. /Y.. DISTRICT BUDGETS A. DESCRIPTION OF BUDGET ITEMS The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel — Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Compensation Insurance, Stand -By, and Overtime Labor. Contract Services — Includes contracted labor, such as the County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. Rental Services — Reflects funds used for the purpose of uniform rental. Vehicle Operations — Includes the maintenance of fleet vehicles. Utilities — Includes the electric, telephone, and water services. Travel Training & Meetings — Reflects the funds used for the purposes of training and meetings. Information Technology — Includes computers, printers, and other related items and services. Operating Supplies — This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Small Tools/Equipment — Includes non -capital small tools and equipment. District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. 2023/2024 City Of La Quinta L&L 89-1 Page 10 of 15 718 W WILLDAN B. 2023/2024 DISTRICT BUDGET For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2023/2024 is summarized on the next page in Table 1. 2023/2024 City Of La Quinta L&L 89-1 Page 11 of 15 719 W WILLDAN Table 1 - Fiscal Year 2023/2024 Budget Estimated Funding Category 2023/2024 Assessments Parks Salaries -Permanent Full Time $533,637 $218,176 $315,461 Other Benefits & Deductions 222,550 100,100 122,450 Personnel Stand By Stand By Overtime 0 0 0 0 0 0 Overtime 0 0 0 Total Personnel $756,187 $318,276 $437,911 Annual Lighting & Landscape Report $0 $0 $0 Civic Center Campus Lake Maintenance 20,000 0 20,000 Lighting Contract Services 80,000 80,000 0 Financial Services Admin. Fee 0 0 0 Citywide Maintenance Contract 1,915,000 980,000 935,000 Undeveloped Parks PM10 Services 0 0 0 Contract Services Maintenance & Repair 565,000 150,000 415,000 CVWD Lease -Pioneer Dog Park 0 0 0 Tree Trimming 508,000 8,000 500,000 Janitorial Services 0 0 0 Security Service - Corporation Yard 0 0 0 Fritz Burns Park 180,000 0 180,000 Lighting Service 1,000 0 1,000 SilverRock Way Landscaping 82,400 65,000 17,400 Total Contract Services 1 $3,351,400 $1,283,000 $2,068,400 Uniforms $4,500 $1,500 $3,000 Rental Services Total Rental Services $4,500 $1,500 $3,000 Facilities Charges $0 $0 $0 Park Equipment Fleet Maintenance 237,800 64,90$0 172,900 Vehicle Operations Facility & Equipment Depreciation 450,000 0 450,000 Total Operations $687,800 $64,900 $622,900 Gas $0 $0 $0 Utilities Electric 349,500 120,000 229,500 Phone 1,000 0 1,000 Water 490,100 215,000 275,100 Total Utilities $840,600 $335,000 $505,600 Travel Training & $5,500 $500 $5,000 Total Travel Training & Meetings $5,500 $500 $5,000 Meetings Information Computers Printers and Services $149,500 $69,000 $80,500 Technology Total Information Technology $149,500 $69,000 $80,500 Plant Replacement $810,000 $500,000 $310,000 Graffiti Removal 25,000 10,000 15,000 Operating Supplies Safety Gear 3,200 2,000 1,200 Field Materials 20,000 15,000 5,000 Total Operating Supplies $858,200 $527,000 $331,200 Small Tools / Non -Ca ital $5,000 $3,000 $2,000 Equipment Total Small Tools/Equipment $5,000 $3,000 $2,000 Total Landscape & Lighting Budget $6,658,687 $2,602,176 $4,056,511 District Administration Public Works Administration Citywide Administration $0 15,000 $0 15,000 $0 0 Total District Administration $15,000 $15,000 $0 Total Landscape & Lighting Expenditures $6,673,687 $2,617,176 $4,056,511 Less CSA 152 Revenue ($150,000) ($150,000) $0 Less General Fund Contribution 5,534,671 1,478,160 4,056,511 Balance to Levy $989,016 $989,016 Total EBU 27,781.83 Levy Per EBU $35.60 2023/2024 City Of La Quinta L&L 89-1 Page 12 of 15 720 W WILLDAN The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. Table 2 Land Use 2023/2024 Parcel County Acres Prior Year EBU Prior Year Levy FY 2023/2024 EBU 2023/2024 Levy (1) Agricultural Count 17 371.44 93.22 $3,318.60 93.22 $3,318.60 Exempt 51 105.18 0.00 0.00 0.00 0.00 Golf Course 285 3,500.48 1,807.37 64,340.88 1,807.37 64,340.88 Hillside 13 318.93 31.89 1,135.28 31.89 1,135.28 Conservation Multi -Family 34 94.93 635.00 22,606.00 635.00 22,606.00 Residential Non -Residential 272 571.87 2,872.15 102,248.54 2,872.15 102,248.54 Rural/ Estate 51 106.18 86.04 3,062.58 86.04 3,062.58 Vacant/ Remote 15 146.20 120.62 4,293.80 120.62 4,293.80 Single Family 21,050 3,858.10 21,050.00 749,380.00 21,050.00 749,380.00 Residential Vacant 1,591 949.27 527.01 18,748.84 527.01 18,748.84 Residential Vacant Non- 201 555.57 558.53 19,881.72 558.53 19,881.72 Residential .i 10,578.15i$989,016.24 (1) The difference in the "Balance to Levy" amount in Table 1 and the total FY 2023/2024 Levy amount in Table 2 is a rounding difference due to the County even penny requirement for each charged parcel. Actuals will be based on the final County Secured Roll for Fiscal Year 2023/2024. Differences are generally due to changes in County Land Use Classifications or Assessor's Parcel Number changes. 2023/2024 City Of La Quinta L&L 89-1 Page 13 of 15 721 W WILLDAN APPENDIX A - DISTRICT ASSESSMENT DIAGRAM The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor's Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. The attached Landscape Maintenance Map displays the landscape maintenance areas within the City. 2023/2024 City Of La Quinta L&L 89-1 Page 14 of 15 722 54TH AVENUE Fadh'ties Department Design 6 Dwdvpment Department Date: Marrh 22, 2019 Maintenance Division Engineering Division Contact: J—. Lindsey, Maintenance Manager GIS Contact: Uhaido Ay6n, Management Spwialist This map is Pr eeferena only. Emal: llindsey®laquintaw.gov Email: uayon@laquintaca.gou Di.d Tel. (760) 777-7052 Direct Tel. (760) 777-7051 t �,w,aonnTnrnnn7� rnv aL ;� _' ' 56TH AVENUE- s W WILLDAN APPENDIX B - 2023/2024 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor's Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non -assessable lots or parcels may include government owned land, public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2023/2024. If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. 2023/2024 City Of La Quinta L&L 89-1 Page 15 of 15 724 PUBLIC HEARING ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2023/24 THROUGH 2O27/28 CAPITAL IMPROVEMENT PROGRAM RECOMMENDATION Adopt a resolution to approve the 2023/24 through 2027/28 Capital Improvement Program. EXECUTIVE SUMMARY • The Capital Improvement Program (CIP) is a five-year program that identifies the scope, budget, and schedule for street, park, facility, and infrastructure projects. • Staff presented the 2023/24 projects on April 4, 2023, to the Council and on April 6, 2023, to the Financial Advisory Commission (FAC). • 23 projects are identified for 2023/24 with an estimated cost of $18.8 million. This first year of the CIP Program is called the "Capital Budget". • The 2023/24 projects have been incorporated for appropriation into the Operating and Capital Budget. • Pursuant to the Government Code, Council must hold a public hearing on the CIP and consider its adoption by resolution after a public hearing. FISCAL IMPACT While the Council is requested to approve the five-year CIP, only the 2023/24 projects are funded as follows: 725 Project No.1 Project Total Funding 2324ADA ADA Accessible Ramps - Various Locations $ 20,000 2324CPM Citywide Preventative Maintenance Plan Improvements $ 50,000 2324PMP Pavement Management Plan Street Improvements $ 1,500,000 2324STI Sidewalks - Various Locations $ 55,000 2324TMI Citywide Traffic Signal Maintenance Improvements $ 235,000 2324DRA Citywide Drainage Enhancements $ 477,000 201702 Developer Reimbursement for DIF Eligible Improvements $ 400,000 201804 Landscape and Lighting Median Island Improvements $ 500,000 201805 Maintenance and Operations Yard $ 180,000 201905 Highway 111 Corridor Area Plan Implementation $ 1,000,000 202008 Avenue 48 Art and Music Line $ 2,400,000 202102* Fritz Burns Park Improvements $ 5,500,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) $ 439,400 202301 Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street) $ 1,380,000 202302 Avenue 52 Monroe Street (New Traffic Signal) $ 150,000 202303 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) $ 478,000 202304 Highway 111 Event Site $ 500,000 202305 X Park Pedestrian Signal $ 250,000 202306 La Quinta Parks Phase I (Sports Complex, CMP, and La Quinta Park) $ 650,000 202307 Citywide Miscellaneous ADA Improvements $ 136,300 202308 X Park Building ADA Improvements $ 350,000 02309 Washington Street Connector to Art and Music Line $ 1,200,000 "-'0 SilverRock Dust Control Improvements $ 1,000,000 TOTAL: $ 18,850,700 Color Key TEAL: Measure G Funds $6,600,000 (35%) ORANGE: General Funds $4,902,000 (26%) WHITE: Measure A and SB1 RMRA Funds $2,782,400 (14.8%) Special Revenue Funds $4,566,300 (24.2%) *Project 202102 has multiple fundina sources - Measure G. General Fund. and Grant Fun ' 2023/24 CIP Projects Transportation - Roadway ✓ Pavement Management Plan Street Improvements (Attachment 1) ✓ Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street) ✓ Avenue 50 Widening Improvements (Jefferson Street to Madison Street) Transportation - Pedestrian ✓ ADA Accessible Ramps — Various Locations ✓ Sidewalks — Various Locations ✓ Highway 111 Corridor Area Plan Implementation ✓ Citywide Miscellaneous ADA Improvements ✓ Avenue 48 Art and Music Line ✓ Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) ✓ X Park Pedestrian Signal ✓ Washington Street Connector to Art and Music Line Parks and Facilities ✓ Citywide Preventative Maintenance Improvements ✓ Fritz Burns Park Improvements ✓ Maintenance and Operations Yard ✓ X Park Building ADA Improvements ✓ Highway 111 Event Site • Landscape Improvements ✓ Landscape and Lighting Median Island Improvements ✓ La Quinta Parks Phase I (Sports Complex, CMP, and La Quinta Park) ✓ SilverRock Dust Control Improvements • Drainage Enhancements ✓ Citywide Drainage Enhancements • Reimbursement Agreements ✓ Developer Reimbursement for DIF Eligible Improvements • Traffic Signal Improvements ✓ Citywide Traffic Signal Maintenance Improvements ✓ Avenue 52 Monroe Street (New Traffic Signal) The Capital Budget is based on existing funds and projected revenues. Projects slated for subsequent years are approved on a planning basis and do not receive expenditure authority until they are incorporated in the Capital Budget. Those projects designated as "Additional Projects" in Attachment 2 do not have identified funding sources. In the case of Development Impact Fee (DIF) funded projects, a long- term collection period is required to accumulate funds before projects are implemented. 727 Notice of public hearing was advertised in The Desert Sun newspaper on June 7, 2023. ALTERNATIVES Council may modify the 2023/24 through 2027/28 CIP. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. 5 Year Pavement Management Plan 2. CIP Unfunded Additional Projects Expenditure Summary 728 RESOLUTION NO. 2023 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE FISCAL YEAR 2023/2024 THROUGH 2O27/2028 CAPITAL IMPROVEMENT PROGRAM WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta ("City") is required to review and approve a Capital Improvement Program ("CIP"); and WHEREAS, the City is required to conduct a noticed public hearing for consideration and approval of the CIP; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090, specifically, the required notice was published on June 7, 2023 in The Desert Sun; and WHEREAS, the CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the CIP is a statement of the City's goals, objectives and priorities for a five-year plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2023/2024 through 2027/2028 Program proposes approximately $58.3 million in improvement projects and identifies $79.8 million of unfunded additional improvement projects over the five-year period, commencing on July 1, 2023 and ending June 30, 2028; and WHEREAS, the amount allocated for the CIP for first -year projects, called the "Capital Budget," proposes $18.8 million in improvements, which will become effective on July 1, 2023; and WHEREAS, it would be in the best interest of the public to completely fund all improvements identified within the Capital Budget. NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council, as follows: SECTION 1. The above recitations are true and correct. SECTION 2. The City Council hereby approves the Fiscal Year 2023/2024 through 2027/2028 Capital Improvement Program "Exhibit A" and confirms the inclusion of the Capital Budget into the Fiscal Year 2023/2024 operating budget, which appropriates funds for specific facilities, equipment and improvements. 729 Resolution No. 2023 - XXX Capital Improvement Program for Fiscal Years 2023/24 through 2027/28 Adopted: June 20, 2023 Page 2 of 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of June, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 730 Project # Project Description CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM REVENUE SUMMARY General Fund Measure G SB 1 Road Parks and Operating Sales Tax Maint/Rehab Rec DIF Maintenance DIF and Facilities Transportation DIF Measure A RESOLUTION NO. 2023-XXX EXHIBIT A ADOPTED: JUNE 20, 2023 Other Other Revenue Revenue Source Total 2023/2024 2324ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2324CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2324PMP Pavement Management Plan Street Improvements 1,500,000 1,500,000 2324STI Sidewalks - Various Locations 55,000 55,000 2324TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2324DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201805 Maintenance and Operations Yard 180,000 180,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202008 Avenue 48 Art and Music Line 2,400,000 2,400,000 202102 Fritz Burns Park Improvements 1,000,000 1,500,000 3,000,000 LWCF Grant 5,500,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 439,400 439,400 202301 Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street) 1,380,000 1,380,000 202302 Avenue 52 Monroe Street (New Traffic Signal) 150,000 City of Indio/ RivCo 150,000 202303 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) 478,000 478,000 202304 Highway 111 Event Site 500,000 500,000 202305 X Park Pedestrian Signal 250,000 250,000 202306 La Quinta Parks Phase I (Sports Complex, CMP, and La Quinta Park) 650,000 650,000 202307 Citywide Miscellaneous ADA Improvements 136,300 CDBG 136,300 202308 X Park Building ADA Improvements 350,000 350,000 202309 Washington Street Connector to Art and Music Line 1,200,000 1,200,000 202310 SilverRock Dust Control Improvements 1,000,000 1,000,000 FY 2023/2024 SUBTOTAL: 4,902,000 6,600,000 917,400 650,000 550,000 180,000 1,865,000 3,186,300 2024/2025 18,850,700 2425ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2425CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2425PMP Pavement Management Plan Street Improvements 1,500,000 1,500,000 2425STI Sidewalks - Various Locations 55,000 55,000 2425TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2425DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201805 Maintenance and Operations Yard 2,273,000 2,273,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 579,109 579,109 202401 Phase III Public Safety Camera System 2,793,000 2,793,000 202402 Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero) 400,000 400,000 202403 Washington Street at Lake La Quinta Drive (New Traffic Signal) 430,000 430,000 202404 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 380,000 200,000 580,000 202405 Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52) 444,000 444,000 202406 Cove Area Slurry Seal Improvements Phase 1 950,000 950,000 202407 Corporate Centre Drive Gap Closure 931,000 931,000 FY 2024/2025 SUBTOTAL: 2,552,000 6,066,000 959,109 2025/2026 0 1,761,000 2,229,000 50,000 13,617,109 2526ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2526CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2526PMP Pavement Management Plan Street Improvements 1,500,000 1,500,000 2526STI Sidewalks - Various Locations 55,000 55,000 2526TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2425DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 rn X 2 D 731 CITY OF LA QUINTA Project # Project Description CAPITAL IMPROVEMENT PROGRAM REVENUE SUMMARY General Fund Measure G SB 1 Road Parks and Operating Sales Tax Maint/Rehab Rec DIF DIF Transportation Maintenance and Facilities Other DIF Measure A Revenue Other Revenue Source Total 201805 Maintenance and Operations Yard 3,657,000 3,657,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202501 Citywide Striping Refresh 500,000 500,000 202502 Highway 111/Simon Drive Dual Left Turn Lanes 723,850 723,850 202503 Cove Area Slurry Seal Improvements Phase 2 950,000 950,000 202504 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) 512,617 512,617 202505 5-Year PMP Update 50,000 50,000 FY 2025/2026 SUBTOTAL: 2,552,000 4,657,000 950,000 2026/2027 0 400,000 2,021,467 50,000 10,630,467 2627ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2627CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2627PMP Pavement Management Plan Street Improvements 1,500,000 1,500,000 2627STI Sidewalks - Various Locations 55,000 55,000 2627TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2627DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202601 North La Quinta Slurry Seal Improvements/Pavement Repair 1,784,000 1,784,000 202602 Citywide Arterial Slurry Seal Improvements 997,088 997,088 FY 2026/2027 SUBTOTAL: 2,552,000 1,000,000 997,088 2027/2028 0 400,000 2,019,000 50,000 7,018,088 2728ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2728CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2728PMP Pavement Management Plan Street Improvements 1,500,000 1,500,000 2728STI Sidewalks - Various Locations 55,000 55,000 2728TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2728DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202701 Washington Street Pavement Rehabilitation Project (Sagebrush Lane to Fred Waring Drive) 988,171 2,987,267 3,975,438 FY 2027/2028 SUBTOTAL: 2,552,000 1,000,000 988,171 0 400,000 TOTAL FISCAL YEARS 2023/24 THROUGH 2O27128: 15,110,000 19,323,000 4,811,768 650,000 3,511,000 3,222,267 50,000 8,212,438 180,000 11,356,734 3,386,300 58,328,802 732 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY Inspection/ Testing/ Other Project # Project Description Engineering Construction Survey Professional Contingency Other Expenditure Total 2023/2024 2324ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2324CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2324PMP Pavement Management Plan Street Improvements 108,750 1,050,000 101,250 90,000 150,000 1,500,000 2324STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2324TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,000 2324DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201805 Maintenance and Operations Yard 13,050 126,000 12,150 10,800 18,000 180,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202008 Avenue 48 Art and Music Line 0 2,400,000 0 0 0 2,400,000 202102 Fritz Burns Park Improvements 0 4,700,000 450,000 0 350,000 5,500,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 0 439,400 0 0 0 439,400 202301 Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street) 100,050 966,000 93,150 82,800 138,000 1,380,000 202302 Avenue 52 Monroe Street (New Traffic Signal) 0 150,000 0 0 0 150,000 202303 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) 34,655 334,600 32,265 28,680 47,800 478,000 202304 Highway 111 Event Site 450,000 0 0 50,000 0 500,000 202305 X Park Pedestrian Signal 18,125 175,000 16,875 15,000 25,000 250,000 202306 La Quinta Parks Phase I (Sports Complex, CMP, and La Quinta Park) 47,125 455,000 43,875 39,000 65,000 650,000 202307 Citywide Miscellaneous ADA Improvements 9,882 95,410 9,200 8,178 13,630 136,300 202308 X Park Building ADA Improvements 25,375 245,000 23,625 21,000 35,000 350,000 202309 Washington Street Connector to Art and Music Line 87,000 840,000 81,000 72,000 120,000 1,200,000 202310 SilverRock Dust Control Improvements 72,500 700,000 67,500 60,000 100,000 1,000,000 FY 2023/2024 SUBTOTAL: 1,135,944 14,312,310 1,088,638 617,678 1,296,130 2024/2025 18,850,700 2425ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2425CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2425PMP Pavement Management Plan Street Improvements 108,750 1,050,000 101,250 90,000 150,000 1,500,000 2425STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2425TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,000 2425DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201805 Maintenance and Operations Yard 164,793 1,591,100 153,428 136,380 227,300 2,273,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 41,985 405,376 39,090 34,747 57,911 579,109 202401 Phase III Public Safety Camera System 202,493 1,955,100 188,528 167,580 279,300 2,793,000 202402 Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero) 29,000 280,000 27,000 24,000 40,000 400,000 202403 Washington Street at Lake La Quinta Drive (New Traffic Signal) 31,175 301,000 29,025 25,800 43,000 430,000 202304 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 42,050 406,000 39,150 34,800 58,000 580,000 202405 Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52) 32,190 310,800 29,970 26,640 44,400 444,000 202406 Cove Area Slurry Seal Improvements Phase 1 68,875 665,000 64,125 57,000 95,000 950,000 202407 Corporate Centre Drive Gap Closure 67,498 651,700 62,843 55,860 93,100 931,000 FY 2024/2025 SUBTOTAL: 958,240 9,251,976 892,155 793,027 1,321,711 400,000 2025/2026 13,617,109 2526ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2526CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2526PMP Pavement Management Plan Street Improvements 108,750 1,050,000 101,250 90,000 150,000 1,500,000 2526STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2526TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,000 2425DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201805 Maintenance and Operations Yard 265,133 2,559,900 246,848 219,420 365,700 3,657,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202501 Citywide Striping Refresh 36,250 350,000 33,750 30,000 50,000 500,000 202502 Highway 111/Simon Drive Dual Left Turn Lanes 52,479 506,695 48,860 43,431 72,385 723,850 202503 Cove Area Slurry Seal Improvements Phase 2 68,875 665,000 64,125 57,000 95,000 950,000 202504 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) 37,165 358,832 34,602 30,757 51,262 512,617 202505 5-Year PMP Update 0 0 0 50,000 0 50,000 FY 2025/2026 SUBTOTAL: 738,084 7,126,327 687,182 660,828 1,018,047 400,000 2026/2027 10,630,467 2627ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2627CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2627PMP Pavement Management Plan Street Improvements 108,750 1,050,000 101,250 90,000 150,000 1,500,000 2627STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2627TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,000 2627DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202601 North La Quinta Slurry Seal Improvements/Pavement Repair 129,340 1,248,800 120,420 107,040 178,400 1,784,000 202602 Citywide Arterial Slurry Seal Improvements 72,289 697,962 67,303 59,825 99,709 997,088 FY 2026/2027 SUBTOTAL: 1,341,318 12,950,654 1,248,813 1,210,056 1,850,093 800,000 2027/2028 7,018,088 2728ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2728CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2728PMP Pavement Management Plan Street Improvements 108,750 1,050,000 101,250 90,000 150,000 1,500,000 2728STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2728TMI Citywide Traffic Signal Maintenance Improvements 17,038 164,500 15,863 14,100 23,500 235,000 2728DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202701 Washington Street Pavement Rehabilitation Project (Sagebrush Lane to Fred Waring Drive) 288,219 2,782,807 268,342 238,526 397,544 3,975,438 FY 2027/2028 SUBTOTAL: TOTAL FISCAL YEARS 2023/24 THROUGH 2O27/28 479,811 4,653,398 4,632,662 48,273,929 446,721 4,363,508 397,085 3,678,674 661,809 400,000 6,147,790 2,000,000 8,212,438 58,328,802 733 734 CITY (DF LA OUINTA ATTACHMENT 1 CALLE CALLE ATAN V y'r_ CALLE HIDA O A E SINALOA W A E DURANGO = a z E SONORA J Z J 76 A E ENSENADA ne > z z A E NOGALES— E CHIHUAHUA — — p z Q �I a B i 1f > z CALLE MO ER Y a L) a a L O MA � Z z > W � — — p w Q a m � Q O° — —CALLE .6 a a 4 Z 3a` > CALLE CHILLON 74 CALLE TEMEGUL CALLE POTRERO ALLE TECATE Legend La Quints Streets $1.5 Million Budget 0 1 - 2 2 0-: 0-4 0 4- 5 025-E)" $1.5 MILLION BUDGET MAP 2021-26 I FRED WARING DRIVE IND EPL A a DANDELION DRIVE I a Z H ayy Y aC S a g a W A A ASHLEY PL DLACKHAWK WAY WESTWARD HO DRIVE C'p w � (A J Q z a s Q 'a Mom' 111 NUE HWY 111 DRIVE / I (SAGUARO ROAD 50TH AVENUE L --i M A zz it y 1 m m m ZAVENUE e a Vl z Z Vl 1 m m m 54TH AVENUE 55TH AVENUE a ri ey N z Z H m rm 1 60TH AVENUE 3 z z 0 m fA 1 m m 3 O Z A O m (A 1 m rm m 61ST AVENUE 73E CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM UNFUNDED ADDITIONAL PROJECTS - REVENUE SUMMARY ATTACHMENT 2 Project # Project Description DIF DIF DIF Quimby Funds Transportation Parks/Rec Maint Facility DIF Fire Other Other Revenue Source Total BRIDGE IMPROVEMENTS AD 1 Washington Street Bridge Railing (Replacement) 1,070,355 TBD/City of Indian Wells 1,070,355 DRAINAGE IMPROVEMENTS AD 2 Eisenhower Drive and Avenue 50 Drainage Improvements 2,000,000 TBD 2,000,000 MISCELLANEOUS IMPROVEMENTS AD 3 Village Area Parking Structure 10,000,000 TBD 10,000,000 AD 4 Golf Cart Routes 750,000 TBD 750,000 AD 5 Village Area Parking Lot 2,500,000 TBD 2,500,000 PUBLIC FACILITIES AD 6 City Hall Solar Panels 1,000,000 TBD 1,000,000 AD 7 Library/Wellness Center Solar Panels 1,000,000 TBD 1,000,000 AD 8 Corporate Yard - Phase 111 1,739,383 2,279,411 TBD 4,018,794 AD 9 Southeast Area Fire Station 2,198,500 2,198,500 County of Riverside 4,397,000 PARKS AD 10 Sports Complex Field Improvements 5,551,129 TBD 5,551,129 AD 11 SilverRock Park Venue Phase 11 4,369,439 TBD 4,369,439 STREET IMPROVEMENTS AD 12 Avenue 50 Street Improvements (Jefferson Street to Madison Street) 300,000 900,000 CVAG/TUMF 1,200,000 AD 13 Avenue 58 Street Improvements (Jefferson Street to Madison Street) 780,000 7,100,000 Dev Contribution 7,880,000 AD 14 Avenue 62 Street Improvements (Monroe Street to Madison Street) 1,949,000 Dev Contribution 1,949,000 AD 15 Washington Street at Washington Park (Left Turn Lane) 258,000 TBD 258,000 AD 16 Highway 111 at La Quinta Center Drive (Dual Left Turn Lanes) 703,000 TBD 703,000 AD 17 Jefferson Street Extension (Avenue 58 to Avenue 60) 1,000,000 2,064,160 Dev Contribution 3,064,160 STREET IMPROVEMENTS - BICYCLE PATHS AD 18 Citywide Bicycle Path Improvements 8,600,000 TBD 8,600,000 STREET IMPROVEMENTS - ROUNDABOUTS AD 19 Madison Street at Avenue 58 Two Lane Roundabout 2,388,000 2,388,000 AD 20 Madison Street at Avenue 60 Two Lane Roundabout 2,388,000 2,388,000 AD 21 Monroe Street at Avenue 52 Two Lane Roundabout 597,000 1,791,000 City of Indio 2,388,000 AD 22 Monroe Street at Avenue 54 Two Lane Roundabout 1,194,000 1,194,000 County of Riverside 2,388,000 AD 23 Monroe Street at Avenue 58 Two Lane Roundabout 1,194,000 1,194,000 County of Riverside 2,388,000 AD 24 Monroe Street at Avenue 60 Two Lane Roundabout 2,388,000 2,388,000 AD 25 Monroe Street at Avenue 62 Two Lane Roundabout 597,000 1,791,000 TBD/County of Riverside 2,388,000 AD 26 Jefferson Street at Avenue 54 Roundabout 1,791,000 597,000 Dev Contribution 2,388,000 STREET IMPROVEMENTS - TRAFFIC SIGNALS AD 27 Avenue 50 at Orchard Lane (New Traffic Signal) 107,500 322,500 Dev Contribution 430,000 TOTAL ADD PROJECTS: 0 14,724,500 0 1,739,383 2,198,500 61,182,494 79,844,877 736 PUBLIC HEARING ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: June 20, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO VACATE A PORTION OF THE SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA CARRANZA PUBLIC RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 6 RECOMMENDATION Adopt a resolution to vacate a portion of the southwest corner of Avenida Montezuma and Avenida Carranza public right-of-way in the Santa Carmelita at Vale La Quinta Subdivision, Unit No. 6. r-AECU i ivE SUMMARY • Maria Delgadillo on behalf of Linda Simon (Owner) has filed a street vacation application to vacate a 1,823-square-foot portion of the southwest corner of Avenida Montezuma and Avenida Carranza currently adjacent to a vacant lot. The Owner intends to expand their existing house on Lot 2 into the vacant lot, Lot 1. • The right-of-way proposed to be vacated is not needed for street purposes. No utility agency has requested easements over the proposed street vacation area and no utility agency has objected to the street vacation proposal. • On June 13, 2023, the Planning Commission made a finding that this proposed street vacation is consistent with the La Quinta General Plan. FISCAL IMPACT — None. BACKGROUND/ANALYSIS The proposed street vacation area (Attachment 1) at the southwest corner of Avenida Montezuma and Avenida Carranza was dedicated for public use on the subdivision map for Santa Carmelita at Vale La Quinta, Unit No. 6 in 1934. The area is currently vacant. The street configuration was changed when the City constructed Avenida Carranza under Assessment District 92-01, creating an area that is not needed for street purposes and can be conveyed to the underlying property owner without compromising the operational capacity of the roadway as it has been operating without problems. 737 No utility agency has requested easements over the proposed street vacation area and no utility agency has objected to the street vacation proposal. Publishing and posting requirements for this public hearing were given in the time and manner pursuant to Sections 8322 and 8323 of the California Streets and Highways Code. AGENCY AND PUBLIC REVIEW Public Notice This vacation proceeding is conducted under Chapter 3, Part 3, Division 9 of the California Streets and Highways Code. Three notices regarding the proposed public hearing for the street vacation were posted conspicuously along the line of the street proposed to be vacated on June 5, 2023 (Attachment 2). On June 2, 2023, the public hearing notice was mailed to the ten property owners in La Quinta who petitioned for this street vacation (Attachment 3). The public hearing notice was also advertised in The Desert Sun newspaper for two successive weeks on June 4 and 11, 2023 (Attachment 4). To date, no comments have been received from the public. Environmental Review The Design and Development Department has determined the proposed action is categorically exempt under the California Environmental Quality Act (CEQA), Section 15301(c) — Class 1, pertaining to existing highways and streets, in that the vacation of the subject right-of-way will not result in a direct or reasonably foreseeable indirect physical change in the environment. No further environment review is required under CEQA. ALTERNATIVES Council may choose to not approve the street vacation, or incorporate any adjustments deemed appropriate in order to approve the street vacation. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director /City Engineer Attachments: 1. Street Vacation Exhibit 2. Photos of Public Notice Posting Onsite 3. Mailing of Notice to the Ten Petitioners 4. Public Hearing Notice in The Desert Sun 738 RESOLUTION NO. 2023 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 1,823-SQUARE-FOOT PORTION OF THE SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA CARRANZA PUBLIC RIGHT-OF- WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 6 WHEREAS, this action is exempt under Section 15301 (c) — Class 1 of the California Environment Quality Act (CEQA) Guidelines, in that the vacation of the subject right-of-way will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, pursuant to Sections 8322 and 8323 of the California Streets and Highways Code, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law; and WHEREAS, the City Council of the City of La Quinta has conducted this vacation proceedings under Chapter 3, Part 3, Division 9 of the California Streets and Highways Code and, upon hearing and considering all testimony of all interested parties, make the following findings: Vacation of the subject 1,823-square-foot portion of Avenida Montezuma and Avenida Carranza will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected 1,823-square-foot portion of the southwest corner of Avenida Montezuma and Avenida Carranza is unnecessary for either present or prospective public use or purposes, including use as a non -motorized transportation facility. 3. No local agency has submitted objections to the street vacation proposal. 4. Approval and adoption of the proposed public street vacation will not cause a significant negative impact upon the environment; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council, having elected to proceed under the provisions of Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the 1,823-square-foot portion of the southwest corner of Avenida Montezuma and Avenida Carranza, specifically described in Exhibits A and B, is unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. 739 Resolution No. 2023 - XXX Street Vacation Avenida Montezuma and Avenida Carranza LAD2023-0001 Adopted: June 20, 2023 Page 2 of 3 SECTION 2. The City Council hereby orders the vacation of the 1,823-square-foot portion of the southwest corner of Avenida Montezuma and Avenida Carranza as shown in the attached Exhibits A and B. SECTION 3. The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. In addition to the Recitals, which the City Council adopts as part of its findings and expressly incorporates into the approval of this Resolution, the street vacation is categorically exempt under the California Environmental Quality Act (CEQA) as a Class 1 exemption pursuant to CEQA Guidelines Section 15301(c) (14 Cal. Code Regs. §15301(c).) Class 1 consists of, among other items, minor alterations of existing public or private facilities or topographical features, involving negligible or no expansion of existing or former use. The types of "existing facilities" itemized in Section 15301 are not intended to be all-inclusive of the types of projects which might fall within Class 1, but Subdivision (c) expressly includes existing highways, streets, bicycle and pedestrian trails, and similar facilities. The street vacation here is small in the amount of square footage, and that square footage is situated in a manner unnecessary for circulation of traffic or for any other present or prospective public use or purposes. The street vacation does not authorize any other use. Therefore, the street vacation involves no or negligible expansion of use and is categorically exempt pursuant to CEQA Guidelines Section 15301(c). SECTION 4. The City Council hereby orders that the vacation shall not be effective until the City Clerk record a certified copy of this Resolution with attached Exhibits A and B with the Riverside County Recorder. SECTION 5. The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of June, 2023, by the following vote: AYES: NOES: ABSTAIN: ABSENT: LINDA EVANS, Mayor City of La Quinta, California 740 Resolution No. 2023 - XXX Street Vacation Avenida Montezuma and Avenida Carranza LAD2023-0001 Adopted: June 20, 2023 Page 3 of 3 ATTEST: MONIKA RADEVA, City Clerk City of La Quinta APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta 741 EXHIBIT A I RIGHT-OF-WAY VACATION LEGAL DESCRIPTION PARCEL A: PAGE 1 OF 1 THAT PORTION OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN LOT G, AS SHOWN ON MAP OF UNIT NO. 6, SANTA CARMELITA AT VALE LA QUINTA, ON FILE IN MAP BOOK 18, PAGE 67, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK 68 OF SAID MAP, SAID CORNER ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF AVENIDA MONTEZUMA AT THE POINT OF CURVATURE OF THE NORTH LINE OF SAID LOT 1; THENCE NORTH 37056'08" EAST ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 59.32 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 13.00 FEET; THENCE EASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 86025'57", AN ARC LENGTH OF 19.61 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55032'33", AN ARC LENGTH OF 38.78 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING ON THE EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF AVENIDA CARRANZA; THENCE SOUTH 00005'22" EAST ALONG SAID EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF AVENIDA CARRANZA, A DISTANCE OF 41.10 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 1 AT THE POINT OF TANGENCY OF THE CURVE OF THE NORTH LINE OF SAID LOT 1, SAID CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE OF THE NORTH LINE OF LOT 1 THROUGH A CENTRAL ANGLE OF 141058'30", AN ARC LENGTH OF 99.12 FEET TO THE SAID POINT OF BEGINNING. AREA OF RIGHT-OF-WAY VACATION PORTION = 1,823 SQ. FT. OR 0.042 ACRES, MORE Lq OR LESS. �\ D. Fs L ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. N o 0o 6 3 8 5 DATED: 04/14/2023 OF CAL \ I RIGHT-OF-WAY VACATION PLAT -CITY OF LA QUINTA I PREPARED BY.- M�w� 05-22-2023 CHRIS NELSON DATE P. L. S. 6385 JOB NO.:22-6547 APPLICANT.- NOTES. LINDA S11WON 1. THIS PLAT WAS PREPARED FROM RECORD DATA CIO CHRIS NELSON & ASSOCIATES, INC. AND DOES NOT REPRESENT A SURVEY OF THE SURVEYORS AND ENGINEERS PROPERTY SHOWN HEREON. 28118 AGOURA ROAD, SUITE 100 2 THE BEARINGS SHOWN HEREON ARE BASED ON AGOURA HILLS, CA. 91301 THE CENTERLINE BEARING OF N. 37*56g" E. FOR P. 818-991-1040 AVENIDA MONTEZUMA PER M. B. 18, P. 67. EXHIBIT'B / SHEET 1 OF 1 RIGHT-OF-WAY VACATION RECORDED SECT. 1, T. 6 S., R. 6 E., S. B. M. CENTERLINE i 1 OF AVENIDA \ CARRANZA P� �i J, 11/ CURVE DAT R = 13.00' 4 = 86 25' L = 19.61' OHO V � CURVE D R = 40. 4 = 141 L=99. 1 ORIGINAL NORTHERL Y LINE OF LOT 1 \ STREET VACATION PER OR ` \ 2020-0235892 57" ��% O41 CENTERLINE OF STREET IMPROVEMENTS OP/ CURVE DA TA: ��, EL A L = 38.78' Jv� Z� / DATA: 00' `� o / P.O.B. 58 30" 12' / L ' ----------- BLOCK 68---------- UNIT NO. 6 SANTA CARMELITA AT VALE LA QUINTA BK. 18, PG. 67 ONP� LA/VO D. IINF�s G�� Z o N o. 6 3 8 5 c LOT 2 GRAPHIC SCALE SCALE : 1 "= 30' 6 0' O 3 0' Q 3 0' LEGEND: EJINDICATES RIGHT-OF-WAY VACATION PORTION ----- LOT LINE RIGHT-OF-WAY LINE --- CENTERLINE P.O.B. POINT OF BEGINNING I RIGHT-OF-WAY VACATION PLAT -CITY OF LA QUINTA I PREPARED BY.- M_ �w� 05-22-2023 CHRIS NELSON DATE P. L. S. 6385 JOB NO.:22-6547 APPLICANT: NOTES. LINDA SIMON 1. THIS PLAT WAS PREPARED FROM RECORD DATA CIO CHRIS NELSON & ASSOC/A TES, INC AND DOES NOT REPRESENT A SURVEY OF THE SURVEYORS AND ENGINEERS PROPERTY SHOWN HEREON. 28118 AGOURA ROAD, SUITE 100 2. THE BEARINGS SHOWN HEREON ARE BASED ON AGOURA HILLS, CA. 91301 THE CENTERLINE BEARING OF N. 37*56g" E. FOR P. 818-991-1040 AVENIDA MONTEZUMA PER M. B. 18, P. 67. ATTACHMENT 1 STREET VACATION EXHIBIT 744 ATTACHMENT 2 745 CAQW{G(J 78495 Calle Tampico I La Quinta, California 92253 CALIFORNIA 'r ZP 92253 ' 04I M 1 # 452208 M ARA GO IEB LA QUINTA, CA 92253 eLa Waw(v 78495 Calle Tampico I La Quinta, California 92253 'rr ZIP 92253 CALIFORNIA • 041A11114522f38 MARSHALL FORSTER LA QUINTA, CA 92253 ATTACHMENT 3 746 ZIP 92253 041-MI14-52208 CHARLES TAYLOR LA QUINTA, CA 92253 VgWa 78495 Calle Tampico I fa Quinta, California 92253 E f %L ZIP 92253 CALIFORNIA � 041 M 11452208 CHARLES HAUGH LA QUINTA, CA 92253 747 US POSTAGE KRISTEN ZALESKI LA QUINTA, CA 92253 BP 92253 041M11452208 a(wCu W"(v 78495 Calle Tampico Ito Quinta, California 92253 LL ZIP 92253 IF CALIPOPNIA 041411 1 4-55-2208 KATHY HAUGH LA QUINTA, CA 92253 748 GOV W"(v 19495 Calle Tampico I La Quinta, California 92253 ZIP 92253 CALIFORNIA 041-M11-522M JONATHAN ZALESKI LA QU I NTA, CA 92253 US POSTAGE STUART GROSS LA QUINTA, CA 92253 ZIP 92253 041N_ L11_4522D8 749 OV/ Vwv► cl( 78495 Calle Tampico I La Ouinta, California 92253 11ti CALIFORNIA ZIP 92253 041 M 11452208 ' SHERRY FORSTER LA QUINTA, CA 92253 en US POSTAGE GAIL TAYLOR LA QUINTA, CA 92253 ZIP 92253 941-M11452208 750 ATTACHMENT 4 CITY OF LA QUINTA cc& Qw�W CITY COUNCIL - GEM ofthr DESERT — - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta City Council will hold a PUBLIC HEARING on JUNE 20, 2023, at 5:00 p.m. in the La Quinta City Hall Council Chamber, 78495 Calle Tampico, La Quinta, California, on the following item: APPLICATION: STREET VACATION LAD2023-0001 APPLICANT: MARIA DELGADILLO ON BEHALF OF LINDA r SIMON LOCATION: SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA CARRANZA REQUEST: ADOPT A RESOLUTION TO VACATE A PORTION OF THE SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA CARRANZA PUBLIC RIGHT-OF-WAY LEGAL: PUBLIC RIGHT-OF-WAY CEQA: THE LA QUINTA DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THE PROPOSED ACTION IS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES, SECTION 15301 (C) - CLASS 1, EXISTING FACILITIES This general vacation proceeding is conducted under Chapter 3 (commencing with § 8320 et seq.), Part 3, Division 9 of the California Streets and Highways Code. Members of the public wanting to listen to this meeting may do so by tuning -in live via https:// laquinta.12milesout.com/video/live. Any person may submit written comments on any of the contemplated actions listed above to the Public Works Department at ayu@laquintaca.gov prior to the Public Hearings and/or may appear and be heard in support of, or opposition to, the project at the time of the Public Hearings. If you challenge the decision of any of the actions listed above in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearings or in written correspondence delivered to the Public Works Department at, or prior to the Public Hearing. For additional information, please contact Amy Yu, Associate Engineer at ayu@laquintaca.gov. In the City's efforts to comply with the requirements of Title II of the Americans with Disabilities Act Of 1990, the Public Works Department requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, inform the Public Works Department at ayu@laquintaca.gov or (760) 777 - 7047 a minimum of 72 hours prior to the scheduled meeting. 751 752 REPORTS AND INFORMATIONAL ITEM NO. 27 PLANNING COMMISSION MINUTES TUESDAY, MARCH 28, 2023 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 5:00 p.m. by Chairperson Currie. PRESENT: Commissioners Caldwell, Guerrero, Hassett, McCune, Nieto, Tyerman, and Chairperson Currie ABSENT: None STAFF PRESENT: Design & Development Director Danny Castro, Public Works Director/City Engineer Bryan McKinney, Planning Manager Cheri L. Flores, Senior Planner Carlos Flores, Associate Planner Siji Fernandez, Commission Secretary Tania Flores, and City Attorney Bill Ihrke PLEDGE OF ALLEGIANCE Commissioner Tyerman led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None. CONFIRMATION OF AGENDA Commissioner Nieto said he would recuse himself from the discussion and vote on Public Hearing Item No. 1 due to a potential conflict of interest stemming from a business relationship, as his employer, The Altum Group, is a consultant on the proposed project. MOTION — A motion was made and seconded by Commissioners Hassett/Caldwell to confirm the agenda as published. Motion passed unanimously. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION — None. CONSENT CALENDAR 1. APPROVE MEETING MINUTES DATED FEBRUARY 28, 2023 MOTION — A motion was made and seconded by Commissioners Caldwell/Nieto to approve the Consent Calendar as recommended. Motion passed unanimously. PLANNING COMMISSION MINUTES Page 1 of 7 MARCH 28, 2023 753 BUSINESS SESSION — None. STUDY SESSION 1. DISCUSS CITYWIDE HISTORIC RESOURCES SURVEY Senior Planner Flores presented the staff report which is on file in the Design and Development Department. Wendy Tinsley Becker, Principal of Urbana Preservation and Planning, provided a summary of the process and findings of the Historic Resources Survey including project goals and milestones; meetings and feedback with various interested parties; historic -era tracts and neighborhoods including geographical information system (GIS) mapping for current and future planning purposes; status of previously recorded properties and newly identified age eligible properties; selection process for recommendations, survey report, and context for which properties can be identified; future recommendations for identifying historic resources. Commission comments included appreciation for the work done, concerns about historic properties that have been demolished and loss of historic resources, questions to staff regarding new processes that might prevent destruction or renovation of historic properties, questions to staff regarding future actions to be made with these findings, possible code text amendments recommended. PUBLIC SPEAKER: Linda Williams, President of La Quinta Historical Society and La Quinta resident — expressed appreciation for Urbana's cooperation and extensive work on this project; commended the City on being ahead of most cities in the Coachella Valley on research and identification of historic resources, informed the Commission of the historic plaque project to assist in identification and education about historic resources throughout La Quinta, requested additional information regarding the property located at 53965 Avenida Obregon (Walter White House) and provided additional information regarding the architectural significance of its design. PUBLIC HEARINGS 1. CONSIDER ADOPTION OF RESOLUTIONS RECOMMENDING CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION (EA 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, ZONE CHANGE 2022- 0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 284 UNIT APARTMENT PROJECT; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE DECLARATION (EA 2022- 0001) CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 PLANNING COMMISSION MINUTES Page 2 of 7 MARCH 28, 2023 754 COMMISSIONER NIETO RECUSED HIMSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 1, DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP, AS THE ALTUM GROUP, A CONSULTANT FOR THE PROPOSED PROJECT, IS HIS EMPLOYER; AND LEFT THE DIAS AT 5:40 P.M. DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT — None. Senior Planner Flores presented the staff report which is on file in the Design and Development Department. Staff answered Commission questions regarding changes to the traffic patterns, property ingress and egress, deceleration lanes, bus shelter relocation, and traffic study including date of completion and opportunity for an updated study; pedestrian and bicycle safety due to proximity to school and youth facilities; changes to the Housing Element and General Plan, current land use designation and land use designations of surrounding communities, and City and community benefits of approving the changes as proposed; income thresholds for affordable housing and population for each income category; addition and assignment of low-income housing obligations for Site 6 due to "no net loss" provisions, property owner notification process, and State Housing and Community Development (HCD) approval process; reduction in required parking with affordable housing bonus, overflow parking availability, and Electric Vehicle (EV) parking requirements; Coachella Valley Water District (CVWD) storm channel property, setbacks of this property, future Avenue 50 storm water bridge status, ability to add landscape improvements on CVWD property; Avenue 50 roadway safety and landscape improvements; visual impacts of the proposed building height, surrounding community building height, and affordable housing unit density bonus requirements; unit size reduction from Municipal Code standards and comparable projects within the City; and dust control mitigation measures during construction. CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING OPEN AT 6:54 P.M. PUBLIC SPEAKER: Applicant, Sherry Braun, Director of Design for Irwin Partners Architects, introduced herself and Greg Irwin, Partner and Principal of Irwin Partners Architects, and provided a brief overview of the project including a short video with proposed renderings; information on the previously approved project; proposed roadway and sidewalk improvements including bus stop shelter relocation and deceleration lane on Washington Street; Imperial Irrigation District (IID) substation upgrade and project use of solar and condensers to alleviate electrical grid strains; locations of garage and carports, recreational facilities and open space areas; line of site for buildings and garages/carports with visual renderings; property and equipment screen efforts and use of desert landscape; location and orientation of buildings, patios, and balconies; in -unit amenities; and environmental and traffic studies performed. PUBLIC SPEAKER: Benjamin Egan of Egan Engineering, Civil Engineer on the project, provided additional information regarding the CVWD property; cited City and community PLANNING COMMISSION MINUTES Page 3 of 7 MARCH 28, 2023 755 benefits of the project including the importance and necessity of the IID Marshal Station upgrades considering future development needs, state EV mandates, and the already straining electrical grid. PUBLIC SPEAKER: George Ghossain, Principal Engineer at Integrated Engineering Group, who conducted the traffic study for the project, introduced himself and provided additional information on the current traffic study including trip generation, intersection analysis, study area, roadway classifications and improvements, increased traffic and school zones traffic management through signal timing, and General Plan and roadway buildout for this project and future development. Applicants answered Commission questions regarding timing of traffic study and its viability for current traffic conditions and future capacity; special event, in -season, peak hours and other traffic generators and possible queuing back up at entry; pedestrian traffic safety; setbacks and line of sight visualizations with two-story and three-story buildings including views from apartment patio/balcony and garages on north side of the project; application of market rate units towards the City's Regional Housing Needs Assessment (RHNA) requirements; neighborhood/community meetings and public outreach; perimeter block wall versus previously proposed wrought iron fencing; parking requirements and overflow parking; onsite leasing and site management; and zoning and building height and possibility of reducing three-story buildings to two-story including unit loss and cost reductions. CHAIRPERSON CURRIE CALLED FOR A BRIEF RECESS AT 7:59 P.M. CHAIRPERSON CURRIE RECONVENED THE MEETING AT 8:11 P.M. WITH PLANNING COMMISSIONERS CALDWELL, GUERRERO, HASSETT, McCUNE, AND TYERMAN PRESENT, COMMISSIONER NIETO LEFT THE MEETING AT 8:11 P.M. Applicant Benjamin Egan provided a correction to previous statements regarding zoning and building heights. PUBLIC SPEAKER: Ana Esquivel, La Quinta — opposed the project due to traffic and outdated environmental report and traffic study; the re -allocation of low-income housing obligations to Site 6 and lack of environmental impact at that site; negative visual impacts due to increased height limit; and requested property zoning history. PUBLIC SPEAKER: Kristen Dolan, La Quinta (received donated time from Casey Dolan) — opposed the project due to outdated traffic study; inconsistent architecture and design to surrounding communities; lack of contingency plan for overflow parking; and requested increased community outreach and story poles to provide better understanding of visual impacts of increased building heights. PUBLIC SPEAKER: Brian Thomas, La Quinta (received donated time from James Tufo) — opposed the project due to increased traffic and outdated traffic study; inconsistent PLANNING COMMISSION MINUTES Page 4 of 7 MARCH 28, 2023 756 architecture and design with surrounding community; and negative visual impacts due to building height. PUBLIC SPEAKER: Lawrence Van Pelt, President of Duna La Quinta Homeowners Association and La Quinta resident — opposed the project and provided overview of analysis performed by an outside licensed traffic engineer not associated with the project or applicant which includes building size, scale and height inconsistency, image corridor standards, outdated and restrictive traffic data, and pedestrian and bicycle safety. PUBLIC SPEAKER: Brian Flath, La Quinta — opposed the project due building height and design; lack of undergrounding current power lines or construction of a privacy wall at the north side; increased lighting and light pollution; traffic and safety concerns at Washington Street and Sagebrush Drive intersection. PUBLIC SPEAKER: Richard Gray, La Quinta — opposed the project due to increased density and inconsistency with surrounding community; and apartments promoting transient occupancy rather than long term residency. PUBLIC SPEAKER: Deborah Applebaum, La Quinta — opposed to the project due to traffic congestion, carbon emissions, and noise pollution. PUBLIC SPEAKER: George Christopher, IID Energy Consumer Advisory Committee Community Liaison and La Quinta resident — expressed support of the project due to proposed upgrades to the IID Marshall Substation providing the surrounding community with power on a strained electrical grid; and consistent zoning for multifamily residential communities. PUBLIC SPEAKER: Bill Walker, La Quinta — opposed the project due to negative visual impacts of building height; increased congestion and crime due to type of project proposed; and devaluation of surrounding property if approved. PUBLIC SPEAKER: Dante Gomez, La Quinta — opposed the project and cited lack of noticing and transparency during community and public outreach. PUBLIC SPEAKER: Rocio Gomez, La Quinta — opposed the project due to child safety with increased traffic and school overcrowding. PUBLIC SPEAKER: Kimberly White, La Quinta — opposed the project due to inconsistency with surrounding area and negative visual impacts of building architecture and design. PUBLIC SPEAKER: Kevin White, La Quinta — opposed the project due to increased traffic and congestion, building height, and project design. PUBLIC SPEAKER: Audrey Reed, La Quinta — opposed the project due to negative visual impacts, increased crime, and negative traffic pattern changes. PLANNING COMMISSION MINUTES Page 5 of 7 MARCH 28, 2023 757 PUBLIC SPEAKER: Juan Carlos Sanchez, La Quinta — opposed the project due to increased traffic; lack of parking and overflow parking contingency plan; lack of parking at youth facility and softball fields in close proximity to the project. PUBLIC SPEAKER: Denise Colak, La Quinta — opposed the project due to traffic, safety; lack of available public and emergency services; congestion during special events and festival season causing traffic blocking emergency services. CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING CLOSED AT 9:10 P.M. Commission discussion followed regarding traffic concerns and outdated traffic study; proposed building height and negative visual impacts; lack of parking and parking overflow contingency plans; pedestrian and bicycle traffic safety; lack of noticing of community outreach and focus group meetings held by Applicant; increased unit counts and the addition and need of housing opportunities within the City; garage/carport locations and line of sight impacts; importance of upgrading of the IID Marshal Substation to provide electricity to the community; roadway improvement timeline; ability to use story poles to provide better understanding of visual impacts; architecture and design inconsistency with surrounding areas; community right to views, community values, and quality of life for residents. Staff provided direction to the Commission on possible next steps should the applicant be willing to make changes as recommended in Commission discussions. CHAIRPERSON CURRIE RE -OPENED THE PUBLIC HEARING AT 9:27 P.M. Mr. Irwin expressed willingness to amend the plans per Commission discussion and requested additional directive on project aspects that would need consideration; Staff and City Attorney Ihrke provided additional next step options including continuing the public hearing to: 1) consider denial of the project as currently proposed, or 2) provide the applicant additional time to amend the current proposal; and Applicants requested brief recess to confer. CHAIRPERSON CURRIE CALLED FOR A BRIEF RECESS AT 9:39 P.M. CHAIRPERSON CURRIE RECONVENED THE MEETING AT 9:44 P.M. WITH PLANNING COMMISSIONERS CALDWELL, GUERRERO, HASSETT, McCUNE, AND TYERMAN PRESENT Applicant, Staff and Commission discussed options for moving forward with a continuance and necessary changes for additional consideration including minimum number of three-story buildings that would be considered on the site, if any; Applicant requested a continuance and agreed to work with Staff to reconfigure the project per Commission directives including changes to architecture, building height, additional traffic study or traffic counts, and specified roadway improvements. PLANNING COMMISSION MINUTES Page 6 of 7 MARCH 28, 2023 758 MOTION — A motion was made and seconded by Commissioners Guerrero/Hassett to continue the Public Hearing regarding this item to date certain of June 27, 2023. Motion passed: ayes — 6, noes — 0, abstain — 0, absent — 1 (Nieto). STAFF ITEMS — None. COMMISSIONER ITEMS — None. ADJOURNMENT There being no further business, a motion was made and seconded by Commissioners Hassett/Guerrero to adjourn the meeting at 9:59 p.m. Motion passed: ayes — 6, noes — 0, abstain — 0, absent — 1 (Nieto). Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California PLANNING COMMISSION MINUTES Page 7 of 7 MARCH 28, 2023 759 760 REPORTS AND INFORMATIONAL ITEM NO. 28 PLANNING COMMISSION MINUTES TUESDAY, APRIL 11, 2023 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 5:00 p.m. by Chairperson Currie. PRESENT: Commissioners Caldwell, Guerrero, Hassett, McCune, Nieto, Tyerman, and Chairperson Currie ABSENT: None STAFF PRESENT: Design & Development Director Danny Castro, Public Works Director/City Engineer Bryan McKinney, Planning Manager Cheri L. Flores, Senior Planner Carlos Flores, and Commission Secretary Tania Flores PLEDGE OF ALLEGIANCE Vice Chairperson McCune led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None. CONFIRMATION OF AGENDA Vice Chairperson McCune said he would recuse himself from the discussion and vote on Public Hearing Item No. 1 due to a potential conflict of interest stemming from a business relationship with the Applicant, though not on this particular project. MOTION — A motion was made and seconded by Commissioners Hassett/Nieto to confirm the Agenda as published. Motion passed unanimously. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION — None. CONSENT CALENDAR —None. STUDY SESSION — None. PUBLIC HEARINGS 1. CONSIDER ADOPTING RESOLUTIONS APPROVING CONDITIONAL USE PERMITS 2022-0006, 2022-0007, 2022-0008, AND 2022-0009 AND SITE DEVELOPMENT PERMITS 2022-0008, 2022-0009, 2022-0010, AND 2022-0011 PLANNING COMMISSION MINUTES Page 1 of 5 APRIL 11, 2023 761 FOR FOUR (4) VILLAGE HOSPITALITY HOMES ON FOUR (4) PROPERTIES IN THE VILLAGE COMMERCIAL ZONE AND FINDING THE PROJECT EXEMPT FROM CEQA REVIEW; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT HAS REVIEWED THE PROPOSED PROJECT AND DETERMINED THAT THE PROJECT IS EXEMPT UNDER CEQA GUIDELINES SECTION 15332, INFILL; LOCATION: 51120 AVENIDA NAVARRO, 51116 AVENIDA MENDOZA, 51080 AVENIDA MARTINEZ, AND 51100 AVENIDA MARTINEZ VICE CHAIRPERSON McCUNE RECUSED HIMSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 1, DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP WITH THE APPLICANT, AND LEFT THE DAIS AT 5:04 P.M. DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT — Commissioner Hassett reported a previous business relationship with the Applicant but that it was approximately 10 years ago, and he no longer works in the same capacity or has a relationship with the Applicant. Senior Planner Flores presented the staff report which is on file in the Design and Development Department. Staff answered questions regarding sanctions and repercussions for the property owner(s) should the Municipal Code or Conditions of Approval be violated or the property become non -compliant in any way; Short -Term Vacation Rental (STVR) noise monitor requirements and other STVR standards applied to the proposed facilities; condition of the current properties and any current structures on the land; minimum setbacks, height limits, and design standards for the Village Commercial zone area; grading plan requirements for individual properties; ownership of individual properties and if owner has additional properties within the area; and voting/approval process for individual properties or project as a whole. CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING OPEN AT 5:25 P.M. PUBLIC SPEAKER: Lucas Coronel, Applicant and co-owner, introduced himself and provided a brief overview of the project including co-owner information, and history of business and business development in the Village Commercial zone; revenue projections and local management of properties once in use; and financing for the project. Applicant and Staff answered questions regarding on -site management of the four properties and complaint resolution process; previously conducted public/community outreach and corresponding public comment received; use of the definition of "Boutique Hotel", project operations and management, marketing and advertisement plans, and insurance requirements for the properties under the provided uses; and use of video surveillance on the properties for security purposes. CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING CLOSED AT 5:36 P.M. PLANNING COMMISSION MINUTES Page 2 of 5 APRIL 11, 2023 762 Applicant requested to make additional comments to clarify Commissioner questions. CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING RE -OPENED AT 5:37 P.M. Applicant provided additional information regarding the current structure on the property at 51116 Avenida Mendoza; and Staff answered questions regarding the CEQA Infill exemption for the current structure at and its historical significance of on this property. CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING CLOSED AT 5:38 P.M. Commission discussion followed regarding the project type and consistency with the Village Commercial zoning; consistency with general plan, zoning, landscaping, and design; mixing of hospitality, boutique hotel, residential, and retail uses within the Village Commercial area; the Santa Barbara and Modern style architecture of the proposed buildings and the lack of depth, variation, and texture in the design. Commissioner Nieto requested the public hearing be re -opened to continue discussion with the Applicant regarding the architectural style and design, and the Commission concurred. CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING RE -OPENED AT 5:47 P.M. Applicant answered Commission questions and provided additional comments on the architectural style, design, and landscaping; visual lines -of -sight of the buildings; and the Applicant's willingness to make minor changes to design aspects if directed by the Commission. CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING CLOSED AT 5:55 P.M. Commission discussion continued regarding the architectural style and design of the buildings. MOTION — A motion was made and seconded by Commissioner Caldwell/Chairperson Currie to adopt Planning Commission Resolution No. 2022-006 as recommended: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2022-0006 AND SITE DEVELOPMENT PERMIT 2022-0008 FOR A VILLAGE HOSPITALITY HOME LOCATED AT 51120 AVENIDA NAVARRO CASE NUMBERS: CONDITIONAL USE PERMIT 2022-0006; SITE DEVELOPMENT PERMIT 2022-0008 APPLICANT: CORONEL HOMES Motion passed: ayes — 5, noes — 1 (Nieto), absent — 1 (McCune), abstain — 0. MOTION — A motion was made and seconded by Commissioner Hassett/Chairperson Currie to adopt Planning Commission Resolution No. 2022-007 as recommended: PLANNING COMMISSION MINUTES Page 3 of 5 APRIL 11, 2023 763 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2022-0007 AND SITE DEVELOPMENT PERMIT 2022-0009 FOR A VILLAGE HOSPITALITY HOME LOCATED AT 51116 AVENIDA MENDOZA CASE NUMBERS: CONDITIONAL USE PERMIT 2022-0007; SITE DEVELOPMENT PERMIT 2022-0009 APPLICANT: CORONEL HOMES Motion passed: ayes — 5, noes — 1 (Nieto), absent — 1 (McCune), abstain — 0. MOTION — A motion was made and seconded by Commissioner Guerrero/Hassett to adopt Planning Commission Resolution No. 2022-008 as recommended: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2022-0008 AND SITE DEVELOPMENT PERMIT 2022-0010 FOR A VILLAGE HOSPITALITY HOME LOCATED AT 51080 AVENIDA MARTINEZ CASE NUMBERS: CONDITIONAL USE PERMIT 2022-0008; SITE DEVELOPMENT PERMIT 2022-0010 APPLICANT: CORONEL HOMES Motion passed: ayes — 5, noes — 1 (Nieto), absent — 1 (McCune), abstain — 0. MOTION — A motion was made and seconded by Chairperson Currie/Commissioner Guerrero to adopt Planning Commission Resolution No. 2022-009 recommended: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2022-0009 AND SITE DEVELOPMENT PERMIT 2022-0011 FOR A VILLAGE HOSPITALITY HOME LOCATED AT 51100 AVENIDA MARTINEZ CASE NUMBERS: CONDITIONAL USE PERMIT 2022-0009; SITE DEVELOPMENT PERMIT 2022-0011 APPLICANT: CORONEL HOMES Motion passed: ayes — 5, noes — 1 (Nieto), absent — 1 (McCune), abstain — 0. STAFF ITEMS Planning Manager Flores provided an update on projects in progress which included the 125-room Hampton Inn, the SolTerra 131-unit apartment development on Adams Street, a proposed commercial project on Highway 111 and Dune Palms Road which would include a Chick-Fil-A restaurant and Quick Quack Carwash, the 82-unit Avenue 58 Townhomes, the Travertine residential development with 1,200 residential units and 100 hotel keys, the Jefferson Square Apartments with 88 multifamily units including apartments and townhomes, Jefferson Street Apartments, Pavilion Palms, Desert Club Apartments, Panera Bread with a drive-thru relocation to the One -Eleven Shopping Center, and The Peak mixed -use building. COMMISSIONER ITEMS — None. PLANNING COMMISSION MINUTES Page 4 of 5 APRIL 11, 2023 764 ADJOURNMENT There being no further business, a motion was made and seconded by Commissioners Caldwell/Hassett to adjourn at 6:16 p.m. Motion passed unanimously. Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California PLANNING COMMISSION MINUTES Page 5 of 5 APRIL 11, 2023 765 766 REPORTS AND INFORMATIONAL ITEM NO. 29 FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, MAY 10, 2023 CALL TO ORDER A regular meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chair Mills. PRESENT: Commissioners Batavick, Luettjohann, Mast, Way, and Chair Mills ABSENT: Commissioners Anderson and Dorsey STAFF PRESENT: Finance Director Martinez, Financial Services Analyst Hallick, Account Technician Batuta, Management Assistant Delgado, City Attorney Bill Ihrke, and City Manager McMillen PLEDGE OF ALLEGIANCE Commissioner Luettjohann led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS — None CONSENT CALENDAR ITEMS 1. APPROVE SPECIAL MEETING MINUTES DATED APRIL 5, 2023 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2023 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2023 4. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2023/23 TREASURY REPORTS FOR JANUARY, FEBRUARY, AND MARCH 2O23 The Commission and staff went over the Treasury rates and portfolio returns as listed in Handout No. 1 provided to the staff report for Consent Calendar Item No. 4. Motion — A motion was made and seconded by Commissioners Batavick/Way to approve the Consent Calendar as submitted. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 2 (Anderson and Dorsey). FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 4 MAY 10, 2023 767 BUSINESS SESSION 1. APPROVE THE FISCAL YEAR 2023/24 MEETING DATES Finance Director Martinez presented the staff report, which is on file in the Finance Department. Motion — A motion was made and seconded by Commissioners Way/Mast to approve the fiscal year 2023/24 meeting dates. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 2 (Anderson and Dorsey). 2. APPROVE THE FISCAL YEAR 2023/24 INVESTMENT POLICY (Policy) Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. The Commission and staff discussed edits to Appendix D — approved financial institutions and Bank of the West merger with BMO Commercial Bank and guidelines for recertification of the Policy with the California Municipal Treasurers Association (CMTA). Motion — A motion was made and seconded by Commissioners Batavick/Mast to receive and file fiscal year 2021/22 General Fund year-end budget report. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 2 (Anderson and Dorsey). STUDY SESSION 1. DISCUSS FISCAL YEAR 2023/24 PRELIMINARY PROPOSED BUDGET Finance Director Martinez presented the staff report, which is on file in the Finance Department. The Commission and staff discussed general fund revenues; general fund variances for maintenance and upgrades to parks; internal service fund expenses; and Measure G reserves allocations. Further discussion followed on Measure G funding appropriations for the following projects: Avenue 48 Art and Music Line, Washington Street Connector to Art and Music Line, Highway 111 Corridor (Corridor), and Highway 111 Event Site. The Commission expressed a safety and security concern for the Washington Street Connector for the Avenue 48 Art and Music Line project; reached a unanimous consensus (five members present) to recommend to Council to reconsider the proposed funding of the Avenue 48 Art and Music Line and Washington Street Connector projects. The Commission agreed there was insufficient time to convey this recommendation to the Council via a letter for Council's consideration of the fiscal year 2023/24 preliminary proposed budget at the May 16, 2023, regular meeting, therefore Chair Mills would attend FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 4 MAY 10, 2023 768 on the Commission's behalf (for the five members present) to convey this recommendation in person during public comment. Staff said the Commission's recommendation to oppose funding the two projects would be notated in the meeting minutes, and that Council reviews the meeting minutes for all City Boards and Commission as they are included in Council meeting agenda packets; and suggested two additional meetings to convey this message to council, which are the June 6 or June 20, 2023 Council meetings. City Manager McMillen shared facts and historical information from the Coachella Valley Association of Government (CVAG) past presentations to Council for the Avenue 48 Art and Music Line project; purpose of this project; and mentioned CVAG Executive Director Tom Kirk would be presenting the progress of this project at the next Council meeting on Tuesday, May 16, 2023. The Commission and staff discussed possible undergrounding of utilities infrastructure project and the Measure G funding allocation for the Corridor project, its progress, and upcoming presentation updates. The Commission requested that they be provided with quarterly updates of actual expenditures related to the Corridor project; staff confirmed. The Commission and staff discussed general fund expense details for the City Manger's and the City Attorney's Offices. Commissioner Way provided an update on the fiscal year 2023/24 general fund operating budget subcommittee (Subcommittee) progress and said the Subcommittee's next meeting will be on Thursday, May 11, 2023, at 2:30 p.m. DEPARTMENTAL REPORTS — All reports are on file in the Finance Department. 1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES Finance Director Martinez presented the staff report, which is on file in the Finance Department. Chair Mills suggested a subcommittee to review Measure G reserves be formed. Finance Director Martinez said staff would incorporate a review of Measure G reserves with the subcommittee appointed to audit and formulate the annual Measure G sales tax oversight compliance report. 2. FOURTH QUARTER 2022 (OCTOBER-DECEMBER) SALES TAX UPDATE FOR THE CITY OF LA QUINTA Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. The Commission and staff discussed Measure G sales tax receipts and what drives the amount to be higher than sales tax. FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 4 MAY 10, 2023 769 COMMISSIONERS' ITEMS Commissioner Luettjohann announced that he would be leaving the Commission sometime in late Summer or early Fall due to a career promotion requiring him to move out of state; the Commission and staff congratulated Commissioner Luettjohann. ADJOURNMENT There being no further business, it was moved by Commissioner Mast/Batavick to adjourn this meeting at 6:03 p.m. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 2 (Anderson and Dorsey). Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California FINANCIAL ADVISORY COMMISSION MINUTES Page 4 of 4 MAY 10, 2023 770 POWER POINTS CITY COUNCIL MEETING DUNE 20, 2023 City Council Regular Meeting Financing Authority Special Meeting Housing Authority Special Meeting June 20, 2023 City Council Regular Meeting Financing Authority Special Meeting Housing Authority Special Meeting June 20, 2023 CLOSED SESSION IN PROGRESS w i ;{ f CAL Pledge of Allegiance 6/21/2023 CALIFORNIA 6/21/2023 City Council Meeting June 20, 2023 Presentations City Council Meeting June 20, 2023 P1 -Find Food Bank Programs Presentation 77; "1 I'Irl, 4� C;ALIFRIIIA 6/21/2023 I CALIFORNIA City Council Meeting June 20, 2023 131 — Award Contract for Ave 50 and Ave 52 Pavement Rehabilitation Projects 2022-01 and 2022-14 . :: CA = -+ Recommended Actions • Appropriate $700,000 of General Funds • Award Contract to Granite Construction, Inc. — Authorize City Manager to execute contract — Authorize future change orders within project budget Project Overview • Project 2022-01: — Avenue 50 from Washington Street to Eisenhower Drive • Project 2022-14 : — Avenue 52 from Washington Street to Talus Way • 2021-22 PM P (segment) : — Avenue 52 from Desert Club to Washington Street • Addition: — Avenue 52 from Madison Street to Monroe Street Project Description • Base Bid: • Avenue 50 from Eisenhower Drive to Washington Street: — Pulverization and replacement of existing pavement and grind and overlay — Replacing non -compliant curb ramps and — Lane reduction from two (2) lanes to one (1) lane with buffered bike and cart lane • Avenue 52 from Desert Club Drive to Washington Street: — Grind and overlay of the existing pavement. • Avenue 52 from Washington Street to Talus Way- - Grind and overlay of existing pavement. • Additive Alternates 1 and 2: CVWD adjustments • Additive Alternate 3: • Avenue 52 from Madison Street to Monroe Street: — Pulverization and replacement of existing pavement and grind and overlay Avenue 52 Pavement Condition 4' Madison Street to Monroe Street June 20, 2023 Design/Professional: $ 70,000 Inspection/Testing/Survey: $ 100,000 Construction: $ 2,467,520 Contingency: $ 160,000 Total Project Budget: $ 2,797,520 mammmman memEr Project 2022-01 (Measure A): $ 1,100,000 Project 2022-14 (Measure A): $ 500,000 2021-22 PMP (General Fund): $ 497,520 General Fund Appropriation: $ 700,000 Total Funding: $ 2,797,520 13 14 7 QUESTIONS Cv Cv CALIFORNIA W City Council Meeting June 20, 2023 B2 and B3 - SilverRock Golf Course Management Agreement and SilverRock Resort 2023/24 Annual Plan 1 11 V-3 CAL-0 Management Agreement • Knowledge of golf course operations • Amendment No. 6 — 3-year extension until FY 2025/26 — Management Fee $130,704 with 5% annual increases • Agreement is terminated upon transfer of course ownership to the developer Fiscal Impact • Operating Revenue $4,866,439 • Operating Expenses $5,179,432 • Net Loss ($ 312,993) • Additional Non -Golf SilverRock Expenses — Bank Fees $150,000 — Equipment Repairs $10,000 — Repair & Maintenance $50,000 ($ 210,000) General Fund to Underwrite Up To ($600,000) Annual Plan Assumptions • Impact of Site Construction — 44,125 Rounds = $93.16 avg. Green Fee and $102.27 per round • Minimum Wage will remain $15.50 per hour • Continue 2% into Capital Reserves or approximately $82,000 — Current Capital Reserve Balance of $530,300 • Management Fee increasing 5% to $130,704 • Advertising Budget $129,762 Discussion and Questions Thank You CO.) Waw(v CALIFORNIA .4.. City Council Meeting June 20, 2023 B4 -Fiscal Year 2022/23 Budget Update Report CALIF Report Summary • Changes to General Fund, Internal Service Fund, and Special Revenue Funds • Recommended adjustments —Revenues Q$7,328,000 —Expenditures 'q$980,500 Fund # Fund Name i Revenues TOTAL ADJUSTMENTS ALL FUNDS $ 7,328,000 $980,500 General Fund Revenue Revenue Descri TOTAL GF REVENUE ADJUSTMENTS $ 7,205,000 11 General Fund Expenditure Adjustments Description- General Fund Adjustme TOTAL GF EXPENSE ADJUSTMENTS $ =383,500 June 20, 2023 27 Ma 14 CALIFORNIA jow City Council Meeting June 20, 2023 B5 — Adopt Fiscal Year 2023/24 Budget -,..._ �.,,-""+� •-- .ter. ;� "'�` Budget Adoption Summary General Fund Revenues and Expenses Summary of all Funds x uc Measure G Sales Tax Appropriations Limit General Fund Reserves & Carryovers Personnel Schedule 2023/24 General Fund Summary GENERAL FUND �q FY 2023124 PROPOSED BUDGET SUMM Less uperaiing/Low =penses kie Preliminary Budget Surplus 5 Less Measure G Reserves 4 .�""� tom♦ Measure G Sales Tax Ek" MEASURE G SALES Available for Appropriation $ Capita Improve ents 42' location by Category General Fund Reserves Sales Tax (Measure G) 15,125,000 Public Safety Fire Service Trust 11,500,000 Pension Trust Fund 5,200,000 5,000,000 Other Post Employment Benefit Trust 1,800,000 Total Assigned Funds 33,625,000 Overall Total $ 93,125,000 50,000,000 • Capital Improvement Carryovers estimated at $18,000,OOC • Operating Carryovers $950,000 • RDA Loan repayment $3,437,076 - 80% General Fund $2,749,661 - 20% Housing Authority Fund $687,415 irplus 200,000 200,000 easure G... Police Servic... Summary of All Funds • Total for all Funds: — Revenues $123,608,488 — Expenses $122,084,878 MEN Appropriations Limit & Personnel • GANN Limit for 2023/24 - $170,450,479 — Total applicable revenues $75,918,000 — Under by $94,532,479 • Personnel Schedule — 100 Full -Time — 7.75 Part -Time — 5 Elected Officials �Nn� RJ�, C4 xi; — DISCUSSION & QUESTIONS CALIFORNIA City Council Meeting June 20, 2023 PH 1 - Lighting and Landscape Assessment District 89-1 FY 2023/24 Summary • Annually, Council takes actions to levy annual assessments for Citywide L&L District • Assessments fund Right -of -Way landscape, lighting, median, and parkway maintenance • Assessment rate remains $35.60 per Equivalent Benefit Unit (same since 1997) Fiscal Impacts • L&L District 89-1 for FY 2023/24: • Revenues = $989,016 • County Service Area 152 Offset = $150,000 • Combined Total = $1,139,016 • Estimated Expenditures = $2,617,176 • $1,478,160 short fall funded by General Fund Questions? CALIFORNIA�;. City Council Meeting June 20, 2023 PH2 - 2023/24 through 2027/28 Capital Improvement Program CAL L Capital Improvement Program (CIP) • 5-year plan • Identifies scope, budget, schedule • Streets, transportation, parks, sidewalks, facilities, drainage, landscaping projects Presented CIP Projects • city Council -April 4, 2023 • Financial Advisory Commission -April 5, 2023 2023/24 CIP Projects • Incorporated into Operating Budget -July 1, 2023 Project No, Project Total Funding 2324ADA ADA Accessible Ramps -Various Locations $ 20,000 2324CPM Citywide Preventative 2023/24 2324PMP Pavement ManagementnPlan Street Iaintenance mprovements provements an Improvements $ 1,500,000 2324STI Sidewalks - Various Locations $ 55,000 Cip 2324TMI Citywide Traffic Signal Maintenance Improvements $ 235,000 2324DRA Citywide Drainage Enhancements $ 477,000 201702 Developer Reimbursement for DIF Eligible Improvements $ 400,000 201804 Landscape and Lighting Median Island Improvements $ 500,000 Maintenance Budget 202008 Avenue 48Art and Music Linean d plementation $ 180,000 202102* Fritz Burns Park Improvements $ 5,500,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) $ 439,400 202301 Avenue 58 Pavement Rehabilitation (Jefferson Street to Madison Street) $ 1,380,000 202302 Avenue 52 Monroe Street (New Traffic Signal) $ 150,000 202303 Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) $ 478,000 202304 Highway 111 Event Sitr $ 500,000 202305 X Park Pedestrian Signal $ 250,000 202306 La Quinta Parks Phase I (Sports Complex, CMP, and La Quinta Park) $ 650,000 202307 Citywide Miscellaneous ADA Improvements $ 136,300 202308 X Park Building ADA Improvements $ 350,000 202309 Washington Street Connector to Art a.id Music _ $ 1,200,000 202310 SilverRock Dust Control Improvements $ 1,000,000 61 - $ 18,850,700 Color Key TEAL: Measure G Funds $6,600,000 (35%) ORANGE: General Funds $4,902,000 (26%) WHITE: Measure A and SB1 RMRA Funds $2,782,400 (14.8%) Special Revenue Funds $4,566,300 (24.2%) IN *Project 202102 has multiple fundina sources - Measure G. General Fund, and Grant Fundina June 20, 2023 2023=24 CIP FUNDING Special Revenue Funr'- 24.2% General Fun 26% BS'] 50 Measure G 35% SB1 RMRA/Measure A 14.8% .•: 25 Transportation - Pedestrian oho • ADAAccessible Ramps —Various Locations • Sidewalks — Various Locations • Highway 111 Corridor Area Plan Implementation • Avenue 48 Art and Music Line • Washington Street Sidewalk Improvements • Avenue 50 to Calle Tampico • X Park Pedestrian Signal • Citywide Miscellaneous ADA Improvements • Washington Street Connector to Art and Music Line Parks and Facilities • Citywide Preventative Maintenance Improvements • Maintenance and Operations Yard • Fritz Burns Park Improvements • Highway 111 Event Site • La Quinta Parks Phase • Sports Complex, Colonel Mitchell Paige fields, and La Quinta Park • X Park Building ADA Improvements 0 Transportation - Roadway • Pavement Management Plan • Avenue 50 Widening Improvements • Jefferson Street to Madison Street • Avenue 58 Pavement Rehabilitation • Jefferson Street to Madison Street Traffic Signal Improvements • Citywide Traffic Signal Maintenance Improvements • Avenue 52 Monroe Street (New Traffic Signal) Other 2023=24 CIP Projects Landscape Improvements Landscape and Lighting Median Island Improvements • SilverRock Dust Control Improvements Drainage Enhancements • Citywide Drainage Enhancements IVReimbursement Agreements • Developer Reimbursement for DIF Eligible Improvements Highlights of Years 2-5 of CIP • Parks, Landscape and Facilities — Landscape and Lighting Median Island Improvements — Maintenance and Operations Yard — Phase III Safety Camera System Highlights of Years 2 - 5 of CIP • Transportation - Pedestrian —Washington Street Sidewalk Improvements (Avenue 50 to Calle Tampico) —Highway 111 Corridor Area Plan Implementation —Avenue 50 Sidewalk Improvements (Washington St. to Avenida Montero) Highlights of Years 2 - 5 of CIP • Transportation —Roadway — 11 Pavement Rehabilitation Projects — Highway 111/Simon Drive Dual Left Turn Lanes — Corporate Centre Drive Gap Closure — 5-Year PMP Update • Traffic Signal Improvements — Washington Street at Lake La Quinta Drive (New Traffic Signal) Highlights of Years 2-5 of CIP • Drainage Enhancements — Citywide Drainage Enhancements • Reimbursement Agreements — Developer Reimbursement for DIF Eligible Improvements • QUESTIONS? CALIFORNIA LA City Council Meeting June 20, 2023 PH3 - Street Vacation at the Southwest Corner of Avenida Montezuma and Avenida Carranza r; / k. L ' -�-- CALIPORNIA Proposed Street Vacation • Area was dedicated on a subdivision map in 1934 • Street configuration changed when constructed in 1993 • Area not needed for street purposes • Planning Commission found it consistent with La Quinta General Plan on June 13, 2023 • Exempt under CEQA Guidelines, Section 15301(c) - Class 1 • No objections and no easements from utility agencies June 20, 2023 M-3 64 32 June 20, 2023 33 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING DUNE 20, 2023 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS From: Claudia Snyder <highlandpalmsneighbors@gmail.com> Sent: Tuesday, June 20, 2023 8:19 AM To: Monika Radeva Cc: thomas.coulter@thedesertsun.com;jeff.stahl@kesq.com Subject: WRITTEN COMMENTS - Special Residential Events Permits - Claudia Snyder Attachments: 062023 Analysis - Special Residential Events - Dupont Estate.pdf, Exhibits A - M to Analysis - SREs Dupont Estate.pdf You don't often get email from highlandpalmsneighbors@gmail.com. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. In a December 2016 article titled "La Quinta tightens events regulations, toughens penalties", then -Desert Sun reporter, Sherry Barkas (currently a Management Specialist at the City of La Quinta) reported on the changes that the City was making to its Special Events regulations. In short, Ms. Barkas reported that the City was adding more steps to the permit process and penalties, including a 1-year moratorium on properties with repeat violations. I'd like to provide a follow-up to that article. First, a little context: per a statement by the City Clerk in a recent City Council meeting, there are only 2 Special Residential Events permits applicants in the City. One of these is the so-called "Dupont Estate" located in the middle of the Highland Palms neighborhood, which appears to have been the driving force for the initiative to regulate the program, given City Council discussions starting in April 2016 (see attached Exhibit M). In her article, Ms. Barkas quoted "Dupont Estate" homeowner, Lynne Daniels, as stating "We will insure [sic] that proper permits will be in order and that we will oversee events..." adding that Mrs. Daniels vowed to work closely with the City to ensure that events were in compliance with regulations. Fast forward to the Fall of 2022, and records prove that this promise was broken - e.g., Mrs. Daniels did not comply with the City's Conditional Approval terms required to lawfully conduct a 10/12/22 Mayoral Fundraiser nor 11/05/22 Celebrity Wedding event. Even more shocking, however, is that the City failed to provide any oversight for major steps in the process after the issuance of its Conditional Approval which provides the terms an applicant must comply with to be able to proceed with an event. The "requirement of notification" championed by Mayor Evans in a 12/20/26 City Council meeting (Ex. M) is not only riddled with caveats (e.g., no notification required for events w/ less than 50 attendees), but has, also, never been enforced (despite flimsy "evidence" provided by the City). This matter is no longer limited to a discussion about event violations at the Dupont Estate, but rather systemic negligence and corruption within the context of the program. The attached analysis consists of facts and documentation obtained from the City. A mindful attempt was made to avoid subjective interpretation in the interest of creating a solid argument that stands up to punctilious scrutiny. In Ms. Barkas's article, former Mayor and current Councilmember Pena was quoted, "We're going to try to do what is reasonable for people involved on either side." I would argue- how is a Conditional Approval which allows for up to 200 guests for a 1-day wedding and 400 guests for parties up to 3-days in the middle of a small residential neighborhood such as Highland Palms reasonable? These types of events might work at the Mery Griffin Estate (the other Special Residential Events Permits applicant) which sits on 40 acres of land, but is NOT reasonable in Highland Palms where the "Dupont Estate" sits in the middle of a small neighborhood surrounded by homes located just across the street. CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS I'll venture to say that there aren't many neighbors who would consider holding such large events on a private level, so it makes no sense that these large commercial events would be allowed in a small residential neighborhood for one set of homeowners who have decided to monetize their property to generate a second income (see attached Ex. M, City Council Mtg 09/20/16). Why do the commercial interests of one homeowner supercede the right to quiet enjoyment of the rest of the neighborhood? Let's please not lose sight of the important fact that Highland Palms is a small residential neighborhood. In a 12/06/16 City Council meeting, former Councilmember Radi stated that it was the City's goal to have as many events as possible because they generate revenue and jobs. What happened- as the Mayor argued in the subsequent 12/12/26 City Council meeting (see attached Exhibit M)- to balancing personal property rights - and, therefore, defining program parameters- to ensure the quiet enjoyment of the other side? In our research, we have seen no further arguments in support of the other side's right to peaceful and quiet enjoyment of our homes (except, of course, from neighbors who have been aggrieved by the "Dupont Estate's" activities). Surely, the Mayor's mission of making La Quinta a "resort destination" does not imply that La Quinta is to become one large commercial zone in which residential neighborhoods are marginalized. We may not contribute to the City's TOT coffers, but we pay taxes, too! In Ms. Barkas' article, former Councilmember Radi was also quoted as saying that, "The reality is, when you have sensible regulations in place, people are likely to follow them." Okay, but, what happens when the City itself fails to oversee and apply program rules? ... And flat-out refuses to do so when confronted with evidence of violations? What we have witnessed is the City's attempt to cover-up for its negligence. With that, a complete erosion of any confidence or trust in the City... and, also fear because, as the saying goes, Where there is no justice, it is dangerous to be right. Ms. Barkas references regulations that require permit applications to be filed 45 days prior to an event. This was not done in the Fall of 2022 by the "Dupont Estate", but also never enforced by the City for either the Mayoral Fundraiser nor Celebrity Wedding events. In an April 19, 2016 City Council meeting which appears to be contain the first public comments regarding the "Dupont Estate's" events, Councilmember Pena stated: If they don't comply, it's a public nuisance... We can deny future permits. The Mayor added that if it was necessary to shut them down, the City would. I would argue it's time to take action and hold rule -breakers accountable before we start amending rules to the Special Residential Events permits program. The damage done to the Highland Palms neighbors who reside closest to the "Dupont Estate" is extensive and ongoing. If a lack of oversight, cover-ups, and continuous harassment by Code Enforcement on behalf of the "Dupont Estate" were not enough, we have also been threatened with permanent bans for making "impertinent" remarks or becoming "boisterous" while addressing the council at City Council meetings. Naturally, I am personally concerned as my tone is, inevitably, one of outrage when addressing the City given the injustice I have witnessed. Can an individual's tone be considered "boisterous"? What is an "impertinent" comment? I know the definition of impertinent, but do not know how the City intends to apply this given its broad discretion coupled with the fact that we are at odds. Alas, I have asked the City for clarification and am still awaiting its reply. Aside from the stress that has resulted in pulmonary embolisms, suicide attempts, restraining orders, and incessant bullying, we have also been publicly undermined for speaking up against the City. We have been publicly undermined and falsely accused of violence by both the owners of the "Dupont Estate" and Mayor Evans: • "Mrs. Kravitz" - Mrs. Daniels in 05/03/16 City Council Mtg; • "The one who complains excessively" - Mayor Evans in 04/20/21 City Council Mtg; • Condescending remark about neighbors not native to California - "... neighbors from Montana + Missouri" - Mrs. Daniels in 4/19/22 City Council Mtg • Slander: "Mrs. Snyder physically assaulted me days after the [Mayoral] reception." - Mrs. Daniels in 04/04/23 City Council Mtg 2 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Indeed, the aforementioned may seem petty, but my goal in sharing is to give the full scope of the matter regarding our dispute with the City regarding the Special Residential Events activities associated with the "Dupont Estate". We have no choice but to continue to speak -up until we obtain accountability from the City of La Quinta. Please help us. Respectfully, Claudia Snyder CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT A Special Residential Event Permit 2021-0005 For `Dupont Estate" CITY COUNCIL MEETING JUNE 20 MATTERS NOT ON - WRITTEN COMMENTS Attachment 1 October 7, 2022 CASE NUMBER Special Event Permit 2021-0005 ACTIVITYIEVENT Various Events Weddings or Parties, up to 3 between October 7, 2022 and October 7, 2023 46485 Cameo Palms Dr., La Quinta, CA 92253 APP'LICA.NT Ms. Lynne Daniels 46485 Cameo Palms Dr. La Quinta, CA 92253 APPROVAL The Design and Development Department has reviewed your request for Special Event Permit 2021-0005, which includes up to three (3) weddings or parties between October?, 2022 and October 7, 2023. Weddings would be one -day events with up to 200 guests. Parties would be up to three-day events, wikh up to 400 guests. Pursuant to LQMC Section 9,60.170 (Special Events - Residential), your permit is approved based on the following Findings. A, The event will not he detrimental to the health, safety and general welfare of the community in the area of the proposed event. B. There is adequate area to conduct the event and to accommodate the anticipated attendance. C. Sufficient parking will be provided for the anticipated attendance. D. Fire protection plans and Facilities have been provided to the satisfaction of the fire marshal. E. Security plans, including security staffing levels, and facilities have been provided to the satisfaction of the La Quinta Police Department. F, Public roadways providing access to the event are capable of accommodating the CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER - - MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS aca anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. This approval authorizes the applicant to conduct the event pursuant to compliance with all conditions of approval of this permit. The applicant must obtain any permits, as may be required below, in order to physically set up the event. CONDITIONS OF APPROVAL Completion&Qnfirmation prior to start of the event: I Up to three (3) indoor/outdoor events are approved between October 7, 2022 and October 7, 2023. The total dumber of event participants, including staff, security and guests, shall not exceed 400 on -site at any given time. The applicant is required to maintain a count of all event participants on -site at all times during the event. The event count shall be maintained by event staff at the main entrance and made available upon request by the La Quinta Police Department or City Staff. 2. Revised exhibits and specific event information For each event shall be submitted 30 days prior to each event and will be reviewed by City Departments, If event changes are significant from the approved event exhibits and description, the Director may require a separate Temporary Use Permit for these events and/or additions and modifications to the conditions of approval listed in this letter. The City of La Quinta has information on file regarding the first approved event- Wedding on November 5, 2022. fiv klA-e I s lV'ir2 3. The applicant shall obtain all other applicable permits, if required!, from the appropriate agencies (Le. Fire Department, Building Department, Police Department, Alcohol Beverage Control, etc.). 4. The applicant shall obtain an encroachment permit for any off -site signs. Off -site signs shall not bIock the line of sight for traffic. Please contact Amy Yu at (750)777- 7047 For assistance on obtaining an encroachment permit. 5. All vendors shall obtain a City Business License prior to each event. The serving of food and alcoholic beverages during the event shall be subject to the rules and requirements of the Riverside County Health Department and State of California Alcoholic Beverage Cortral, respectively. The applicant shall provide the City with proof of ABC approval prior to the event. CITY COUNCIL MEETING JUNE 20, 2023 -WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS YW'' Y*%W 6, For events exceeding 50 attendees, the applicant shall provide notification of such event to all properties within 500 feet of event site and/or surrounding Home Owners Associations (HQA`s) fourteen (14) days prior to each event. Notification shall include date, time, event scope, and the name and twenty-four hour contact phone number of the local contact person for the property and time police department. Proof of notification shall be provided to the City of La Quinta Planning Division seven! (7) days prior to each event. In addition, the name and phone number of the local contact person for the property shall be posted at all entrances to the property. 7. Fourteen (14) days prior to each three-day event, the Applicant shall provide the City with a deposit in the amount of $1,500 to be used if additional Police, Cade Enforcement, or other City resources are required from the event, such as lost police time, equipment, and/or any unforeseen loss that may occur due to the event that requires actton(s). The amount due may be modified, subject to the approval of the Design and Development Director. If there are no additional resources needed, the deposit will be returned to the Applicant. If no three-day events are held, no deposit w11J be due. 8. Access and egress to all neighboring properties shall be maintained at all times. If access and egress is not maintained, due to impacts related to the event, to the satisfactron of the Code Cornpharkce Division or Police, the event permit may be mollified, suspended or revoked. 9. The Design and Development Director may modify Conditions of Approval regarding business hours, parking, occupancy and other operational conditions should it be determined that after- an event, the proposed uses or conditions under which the events are being operated or maintained is detrimental to the public health, welfar-e, or materialiy injurious to property, improvements or other uses in proximity to the subject property, or if the subject property is operated or maintained so as to constitute a public nuisance. 10. The applicant shall coordinate with the City of La Quanta Code Compliance division to have noise monitoring information available to Staff during the event, Please contact Kevin Meredith at (760) 777-7034 to coordinate. Cum pletionlcenfirmaLion during the event: 11. The set-up and operation of the events shall be consistent with the attached exhibits and event information an file. 1ClRI7EKC, MNtENTS"STRESIDENT CLAUDIA SNYDER NT ESTATE AND SPECIAL EVENTS PERMITS 12. Security personnel shall be easily identifiable to the public by the provision of uniformed personnel. All designated private security personnel must be licensed by the State of California and possess a valid private security license. 13. Certain areas providing access to the event area are public and, as such, general public access may not be denied or restricted in any manner that extends beyond the limits of this event as approved. 14. The applicant shall conform to the City's Noise Ordinance (Municipal Code Section 9.100.210) and specifically the following noise limitations during the event: Before 10:00pm: Sixty-five decibels (65 dB(A)) After 10:00pm: Fifty decibels (50 dB(A)) If the noise consists entirely of impact noise, speech or music, or any combination thereof, each of the noise levels specific above shall be reduced by fine dB(A). 15. All noise monitoring devices as shown in noise monitoring plan shall be operational throughout the event times. Information gathered from noise monitors shall be made available to City staff during the event and upon request. 16, Portable generators shall be shielded to prevent accidental contact with guests. Extension cords shall be ground -secured to prevent tripping. Any lighting shall be directed away from surrounding roadways and surrounding residential properties. No spot or searchlights are permitted. 17. Surrounding roadways and intersections shall remain readily accessible for passage of emergency response vehicles and private vehicles. There shall be no queuing of vehicles along all surrounding roads for the purposes of dropping off for, picking up For, or entering the event. 18. If parking at any event exceeds what is approved, the parking options for the next event will need to be modified and submitted to the Planning Division 30 days prior to the next event. Additionally, a copy of the contract with the shuttle company, agreement with the parking lot owner and a description of tow guests will be shuttled to the event must be submitted to the Planning Division 30 days prior to each event that utilizes a shuttle company, for approval by the Planning Manager. 19. For the proposed three-day events, credentials will be required to valldate invited guests for expeditious entry to the event and avoid the congregation of uninvited ft-IDENT CLAUDIA SNYDER NT ESTATE AND SPECIAL EVENTS PERMITS persons seeking entry. Credentials can be in the form of bracelets, passes or something similar and shall be approved by the Planning Manager ton (10) daPys prior to each event. 20. Roadways/traffic aisles to structures and activities in and around the event will be maintained acxessible to emergency vehicles at all times, Parking monitors shall wear light-colored Clothing and reflective vests as needed. Flashlights shall be used after dusk. 21, The event its subject to spot inspections by the Police Department and/or City staff to ensure compliance with the conditions of this letter. 22. No fireworks, or open flame, or any other device emitting flame or fire or creating a glow capable of igniting combustibles shall be permitted. Completion/confirmation er the conclusign of the nt if negessarylL 23. The event sites used shall be left clean and in its original manner after the event. d in and around reas. All evenTemporaryareas trash receptacles eleftfree of debrisattheeend of each day'she event ctiv tes� and after event areas shall be left the event concludes. 24. The City of La Quanta Police department reserves the right to bill the event sponsor for any last polite time, equipment, and/or any unforeseen loss that may occur due to the event that requires police action. 25, Any damage to public hardscape caused by this event shall be repaired as directed by the City Engineer. This includes but is not limited to sidewalks, curb and gutter, landscaping, and pavement especially within the surrounding public streets. defend and hall harmless By holding this outdoor event, the its applicant fficers and employees from any claim, #ctlon the City of La Quinta Cthe City-),roval of this temporary ,use permit, or proceeding to attack, set aside, void, or annul the app tY The City of La Quinta shall have solediscretion any claim, action orgits defense preceding and shall'caDpe site shall promptly notify the applicant �' fully in the defense. The City may elect to add Conditions to this application request to mitigate any problems ,; 'd mia�a til that arise not previously addressed herein. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time, This decision may be appealed to the Planning Commission, provided the written appeal and filing fee are submitted to this Department within 15 calendar days. Please contact this office should you wish to file an appeal, and we will assist you in that regard. CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS I'r'OIt1: Lyme m� To: su"ert Fwd: DUPOrfr TUP ANSWM TO OPEN QUESTIONS D" Thursday, March 02, 2017 10,36:33 AM DUPONT ESTATE TEMPORARY USE PERMIT 2016-0003 DESCRIPTION OF ACTIVITIES: 'Our intent Is to have no more than 11 events per calendar year. The types of events would include weddings, charity events and music festivals; io Coachella. 1 j Upcoming Coachella ---We will know more of the details In the next week or so. At this point in time, we will describe an event that if it does come to fruition... this is tiow we see it transpiring. We showed Carlos Flores a sir7Je video of last year's event,,, which Included 200 people in an open house setting which we do not see occurring this year. However, the description Wow will creed approval if the client decides to pursue. --Sat„ April 15 and Sat,. April 22--This year the event will be on a more low key scale. We do not anticipate produobon trucks nor staging. A corporate sponsor of the festival who will be lodging on the property with his CEOs will possibly have a daytime barbeque and DJ between the approximate hours of 11am and 6 pm. The equipment set up and removal will be same day as event. There will be cabanas and sorne rental furniture, possibly pods potties (that will be 0aoed in our backyard) if necessary, as well as a celebrity chef and a few outside local vendors. If catedng chooses to use either one of our kitchens, or the outside barbeque area within the grounds, they will be corning inside from our private driveway as well as their parked vehicles. This pertains to arty other vendor. The long gate on the south side of the prop", alongside the Sunflower out de sac will be used for rental drop offs and pick ups. It will be a private guest list with security around the property and at the front door in an open house setting. Guests will arrive throughout the course of the day. No portion of the acliviity will occur within a public right of way .... for this or any other event. Tentatively. it looks as though the DJ would be the only form with his own amplified speakers. Trash facilities will be rented and placed on our primate driveway on the cul sac side of Cameo Dunes Place. We will email later today ,the drone photo that was taken of the Dupont Estate property and grounds showing property lines, landscape areas, structures and areas for proposed activities. We will also provide you with the layout and outline specs after today onoa we have the installation mmplated for the "Noise Aware'company recommended by the city. Organized parking will be arranged through a shuttle company. The guests will meet at an off site parking area and then be shuffled back and forth to the property. 2) WEDDINGS: --Our weddings range in size from 40 to 200 guests. The times of the events vary anywhere From 2pm to 10pm. Based on past wedding events, some have DJ's, others not. There are usually local vendors on site to include wedding planners, caterers, photographers, and the like. Sometimes a tent is set up in the back yard for the ceremony and Basicalty, when there is a higher number of guests, inert the some parking scenerlo would hold true as above. 3) CHARITY EVENTS; --We donate our home from time to time to various charitable organizations for their name awareness and recognition. Again, the description would be similar to any above mentioned event. CITY COUNCIL MEETING JUNE 20, 2023 -WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS -As we have previously discussed. we are physically Qn hand al the property curnnu the eve nI on most occasiorm. Olherwhsa, our property manager, Marvin Melgar and his staff will he are hared to monitor. In additiori to the "Noise Aware". we have our own decimeter and a staff member continually monitors during any size party. "'NOISE CONTROL PLAN We will be meeling later today with the "Noise Aware" personnel for installation and will provide when available. CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Noise Control Event 46485 Cameo Palm Drive The Dupont Estate is equipped with 11 NoiseA are noise monitoring sensors. See Rgure 1 for location of installed sensors. LEGEND 2: Shuttle Dropoff 3: Shuttle Turnaround 4: High Top Area c<: Shuttle Traffic For questions related to NoiseA are noise monitoring, please contact Dav]d Krauss at d avlidOnoiseaware.Eo Prepared by NolseAware on behalf of Lynne Doriiels CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Carlos Flores From: Lynne Daniels Sent: Friday, March 03, 2017 1101 PM To: Carlos Flores; robdan@earthlink,net Gabriel Perez Subjoct; The Dupont Estate Resort event layout Carlos --Here is the diagram of the Dupont grounds where our events will take place. --The layout includes the noise aware signals that were placed throughout the property from the recommended company called "Noise Aware" --the South Gate on the cut de sac o IF sandflower where furniture such as rental tables and chairs and decorations will be brought in and placed in the center of the lawns, --The IOx10 stage will also be brought in through that long gate and wi11 be placed in front of the mountain so the sound vibrates off towards our house, --1f porta potties/mobile toilets are in need, then they will come though that delivery gate and placed inside the property next to the gate near the master suite, --Any tents (chuppahslor pergolas/and/or dance floors will be close to the patio of the inside of the main house that sits on Cameo palms btw the sandfliwer and cameo dunes cuI de sacs inside on grass. --Trash bins will be on our driveway, trot on the streets. That said, There will be nothing on the streets to block the flow of traffic. With small events, 20-35 cars will be on our side of the street, on driveway and on carport, --With larger events, a shuttle bus will meet the guests, drop in front of main house on cameo palms drive and then turn around on the sandflower cul de sac to exit, --The only activity on the street will be the dropping and picking up of guests in an orderly way so as to NOT create any traffic. There will be a security staff at the entrances and someone to be near to ensure the sound is in compliance- - -M os I deliveries occur on a thurs or fri afternoon prior to the event and picked up at check out on the following Monday mid morning. U. OASS Cameo Palm Drive - Noise Control PFan.pdf 473KS Downtaad Ej EJ CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT B Code Enforcement Report - CE- 2-1585 TTEN MMEN SWPA POT ON THE AG NDADUPONT EISTATE AOND SPIIG�' L E ENT C OF SNYDER Code Enforcement Case. CE-22-1 S 5 Enlered on.- IW12)2022 DO:00 Printed on: 05f2712023 Topic: Zoning Status, Closed Due Date: 1 Qf27l22 signed To: Kevin W edith Initiated by, Neighbor Area #: 4 NORTH SIDE RES HeariDe Date: Hearing, Time: Permit #: Busli]ie�s name: Liccnsc i7: [Occupant Name- Lic: D(.)B: Address: 46495 CAMFO PALMS DR, 9225; Phone: Cell #: APN : 643-181-0 10 Owner 1lr orinallopt [)wrier Nanie- ROBERT DANIE LS Address: 260 S BEVERLY DR STE 306 BEVERLY HILLS, CA 90212 Phone: Fell #€: Airlians Action By Oata Time Hours fwIoteJObea�rvadort Ccrntrlalnt Kevin 10/12J2022 6:28 prn 0 25 Hotline Complaint: Cameo Dunes Exces;sivs Oceupan ey There Is A Party Exceeding 50 Meredith to People. There is A 1,000.00 Dollar Fine Par Exceeding 50 People_ The Central Commurications STVR Ratline received the previous rnmplaint_ Code Cnmplir3rica had benorrte aware of the planned event eadief in the day and checked fizr a Special Event permit. Cade observed that this property has a approved blanket permit thatcovem up to Attachment 1 3 events over the year it appeared fh8t the property owner haS opt made the City aware Permitted Events: HPEV 2021-0005 that this event was ocoumt'rg- A conversatlon was had with Planning m which it was advised the I. the event would be-ovared under the existing permit and prier nnlice would not be required dttQ to less than 50 planned attendees. No Violation Other Kevin 10112J2422 7.22 Pm I.00 On 1Oil 7122, Gode Compliance received nwifeatien from RSO Mal they had recelved a Meredith report at 1922 on 1 CV12122 of over occupancy for an unpermitted even] at this address >At#achment 2; RSO dispatch report The RSO dispatch report Indicates that negative music heard and people leaving the location_ No Violation. Other Kevin 12J14J2022 9:20 am 1.00 The CM's offlee notified Cade Compliance that the residents treat 46450 Cameo Palms Meredith submitted a complaint That they were nol notified by the property Owner of an evens that k I 0 b 1d tr 7 2022 Te h CFI n Q in artrl'nl tethat e ao p ace o cter , 2 2i}22 aaae n N m er . a n 9 ep lavmd the permit and appr%v�d the c ttdihans far troth events noi Flied Cede Compliance that the firsi event did not exceed 50 people and therefor the notification reg uafement was not Ifiggared The senond event, per the Planning Department, Proof of n tea ion was raced y the CityThe CMs office provided a response io the rip. see attachud The response Indicated that th@ Igermit holder la include the phone number for the Pollce in the notifiicalian letter A Notice was sent to the ap rrm - s office making the permit holder aware afffii� overste and reyuirernenl see attache Complaint Kevin a312'WO23 0.25 The City CTerk noliiied Cede Comp nee a rs. a is Snyder submitted a complaint Meredith that the Security company uIIlIzed at [he two events that took pi are on Mt. 12th and November Tth 2022 did not meet the conditions of the evens permit SPE-V2021-0005. The specific report Is °3I A5 I also stated dudN the lost City countrll muting, were unable to obtain verification of a security license for either Marvin Melgar norAndmw Collins via the Department of Consumer Affairs that these'security officers' who worked the Mayaral Attachment 4 Event on Oct 121h and the Wedding Event an Nov Ith are licensed. as required by Item 3)2312023 Security Officers (SO) 12 of the City's Condi]ionaa Approval to special Event Pagrmit 2021.43005 which siate5 that security person nat shall be easily identifiable and private security- must be licerrs,ed by Golrt-iplairit to city the Stele of CA and possess a valid security license"- Would you please explain what the City intends to do about this brettrh of thA Code?" See All ached_ _ Erna3lt Kevin 0410312023 4:5b pm 1.00 An email was sent tc Mm. ❑oniB1s inquking about the Serunty ❑ompany thal was u1ilxed mareditri for the November 7, 2P22 event and if one wfm used For the October 12, 2022 event. gars Attachment 5 Danials was asked to provide any doCuntenis relaled to the SocurRy company tar those City Investigation re: 3J23/23 two events aand whether she cortrnr d that the company was licensed 3a required an the Condlhons of Approval,: see Attached. _ --- SO complaintleirt - - - F9 t,i ucass ptap 1 2 CITY COUNCIL TING JUNE 2023 TTEN MMENIS � IR� NOT ONETHE AGENDA - DUPONT EISTATE AND W%ND SP IA SNYDER Other Kevin 04i0412023 11.25 am 000 l reviewed the November 7. 2023. code case in which several complaints were received Meredith regarding an event taking place Thal exceeded 50 pea ple and security I reviewed the sarne case regarding the March 13, 2023. PRAsubmitted by Mrs. Snyder regarding the certcom that the event on October 12, 2023. and the event cn November 7. 21123, had security personnel in which she was not able to confirm that the onsAe security were IIcensed wish the Department of Consumer Affairs • Regarding the October t2, 2023, evenl, There ware no ccmplaInis at the time and rode compliance does not have a record of responding to thal event_ Regarding the November 7. 2023, event, there were complaints and c*de did respond. Attachment 5 TKP Cede Officer observed wteat he identified as Security personnel In cooperation with Findings, Verbal Warning, & j tha onhe site security, several noise readings were taken Mai showed no vtolation.weimm. was permitted so the number of attendees was not an issue. Based on the PRA Resolution re: 3/2312023 S omplain1, 1 reached out to the permit hdder for the November 7, 2 02 3. event and asked Complaint about the security that was utilized, firs. Daniels stated that she did have security ongile but that it was not her usual security. and she did npi confirm whether ne personnel were licensed by the State ofCalifornia_ Mrs. Daniels stated that she did not understand that cortfarming the correct licensing was leer responsibility. At thls Point, there is no furtheractsan for Coda Compliance to take on this mailer I discussers with Mrs. Daniels that in the Future she should request that her serurily company provide their credentials and that she maintains those credentials for her records in case the informalion is requested by City staff or Police_ Nolations ix Violation Type Due Date Status Closed Data Date, 1"Imc: Findings: hltpsJho r.govoutreach,corTA quinlbcalceedJtcase.php 7;1 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT Transcript of Mayor's Statement (as captured on video) re Mayoral Fundraiser Being Both Permitted and "A Gathering of Friends" CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Claudia Snyder <welovebaci ftmail.com> WRITTEN COMMENTS ahead of April 4, 20 3 La Quinta City Council Meeting 1 message Clsudia Snyder <weloveba6@gmaii_cgm> Mon. Apr 3. 2023 at 11A3 AM To: City Clerk Mail cQtyClerkMail@laquintaca_guv> 13cc_ Matthew Snyder <rncsnyder@gmai1.com>, j eff . s lahIQ kesq. com, thomas.couiter@ihedesertsun.com Good morning. Ms. Radeva: We are submitting this in response to Item No. 3 of the COL nc1I's Hlarch 21, 2023 Business Session ss we find it incredibly hypocritical that the City Stated its Intent tc complain to the Coachella Vallay USE) 13nard about the alleged disrespectful treatment of Coun c i I member Sanchez given Mayor Evans' own disrespectful treatment of a concerned neighbor. Re Special Events Permits (for Residential Neighborhoods) Transcript from video ("Get Friends") shot in October 2022 by a concerned neighbor as she interviewed Mayor Evans as the latter arrived at an unannounced Mayoral Fundraiser at the DuPvt Estate in the Highland Pair'ns neighborhood of La Quinta. Neighbor' What are your thoughts on an event in a neighborhood that's not really built for it? ,J!yor: It's a permitted event. Iow Neighbor. Hula )r [Mayor: It's a permitted event. She's folt❑wing the rules_ Neighbor: So, you think it's okay, though? I mean, would you like this next to you, Mayor? Mayor: I have gatherings at my house and my friends enjoy spending time with me_ Neighbor: Every weekend?! I can't move, Mayor. I'm trapped next to a Pot Motel because of your policies- _ okay... Alright, well, I guess you and [Council rriember] Pena are OK with large events in small neighborhoods, is what you're telling me. Is that correct? Mayor: It's a gathering of friends. Neighbor: OK Mayor: You should try getting sofne! Neighbor: I have plenty of friends. Mayor! CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT Q Same -Day (10112122) Email Invita#ion to Mayoral Fundraiser from L. Daniels to City Staff CITY COUNCIL MEETING JUNE 20, 2023 -WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS l Carlos Flores Sent Wednesday, October 12, 2022 9:48 AM To: Lynne Daniels: Brianna Rodriguez; ICevrn Meredith. Martha Mendez Subject: RE: Happy wed Attachments: SPEV2021-0005 APPROVAL LETTER 10-7-22_pdf Hi Lynne, Thank you for the notification 1 am providing your event approval letter for your files, which has some corrections. Thanks, Carlos Flores I Senior Planner Design and Development City of La Quinta 78495 Calle Tampico I La Quinta, CA 92253 Ph. 760_777.7fl69 www_laquintaca.gov --Original Message —- From: Lynne Daniels PM> Sent. Wednesday. Octo er P,2022 , 0 To- Brianna Rodriguez <brodriguez laquintaca.gov>, Kevin Martha Mendez <mmendez a laquinIaca.gov>; Carlos Flares ubi.ect; Happy wed Meredith <Kmeredith laquintaca_gov>: <0ores a laquintaca_gov> EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. "" Hi Ally We are hosting a meet & greet this eve from 530-730 for The Mayor, John & Debbie. You may know about it. You all are welcomed to join the gathering. Our best --Lynne & Rob CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT E Email dated 11107/22 from Group of Highland Palms Neighbors to City Manager re Lack of Notification for 1110&22 Celebrity Wedding at "Dupont Estate CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN, COMMENTS BY RESIDENT CLAUDIA SNYDER 'MATTERS NOT ON THE AGENDA - DUPONT ESTATE '�I� i �L� �I�ri rPf ll DuPanl stale mall Claudia Snyder <welovebaci@gmail.com> `- 46485 Cameo Palms Dr - AKA, The DuPont Estate Claudia Snyder <weievebacii grnail-comp Mon, Nov 7, 2022 at 147,11 PM To. jmcmillen@taquintaca.gov Scc: Kelly Saucom <procady(LD�gmad.c;orn>, Brian gown <sparky_brown@mac.carn}. Matthew Snyder <mcsnyderr grnail-cam>. Melissa Labayog <rnelissalabayog@yahac.com> VIA EMAIL AND CERTIFIED FIRST-CLASS USPS MAIL Dear Mr. Mc Milian: As City Manager who oversees the Design and Development Department Which processes Special Residential Event permits. you are likely aware that Robert and Lynne Daniels, owners of the DuPont Estate, hosted a 3-day wedding event at their 46485 Cameo Palms property this past weekend {frnm Friday rooming to Sunday evening). On Saturday afternoon, several Highland Palms neighbors were forced to contact the STVR Enforcement Hotline to report a variety of disturbances created by said event. Enforcement officer, Michael Salas, resPDnded a while later to inform us that the event was a Permitted one, though he was unabii? to provide details (i.e.. event number and number of guests) given that his ipad battery had apparently drained an the way to the DuPont Estate. It was incredibly frustrating to discover that several of the neighbors had expended such a cansiderat)te amount of enemy to contact the SNR h{o#line given that the avant was permitted. It was undoubtedly also a disruption to Mr. and Mars. Daniels and, perhaps, their SIVR guests, to have to experience such discord, on whit should have, otherwise, been a special occasion. This conflict could have been averted had Mr. and Mrs. Daniels provided the required notice of this wedding to neighbors- ate, for that matter,. also the recent M yoral fundraiser which th0 Mayor, herself, claimed to be a Permitted event in the "You Should Get Same Friends" video shared with you a few weeks ago. *Ame It's noteworthy tc share that when a few neighbors asked Enforcement Officer, Michael Salas, to explain why the neighbors had not receivers notice of the wedding, his response was something to the effect of'Maybe she didn't tell you because you don? have good commufterionr,' He also suggested that we request of the City that it require such notices in the Future. We needn't explain that Enforcement Officer Sales's �ininformed communications do not lend credibility to the Caty's STVR Enforcement program. Section 9.60.170 {Special Events - Residentlal}, 8.11. of the La Qulnta AMunlidpat Code, states that: "The applicerlt [of ar Speciai Residential Evenl1 shall pr Wda evidence that the appllcanr mailed or delivered written notification of the special evortt(s) to all property owners--- shown on the last equalized county assessment roll and all occupants of each dwelling unit within Zaire hundred (500) feet of the proposed special everrr property.. [and (hat] such notice fis to] be issued no later than fourteen (14) days prior, and campleted no more than severs M days prior to the special event. [11 instructs the applicant thatf the notice shall include. - a. The dafe, time. hours of operation and complete descripfjon of all activities for the event as required to be submitted as part of the application. b- The name and twenty-four (24)-hour confact phone 17umber of the local confacl psrson for the property and the police department." Section 9.60,170: 14-C, details that violations of this section include issuance of a Notice of Violalion (14-C-2), Administrative Citation (14-C-3), and/ or a Misdemeanor Citation. (14-G4) and Section 14-C-6 further stales that: "lt shall be a pubfic nuisance for any persona to commit, cause or maintain a violation of this section or Other provisions of the municipal code, which shall be subject to the provisions of Section 1.01.250 (Viofations public S.r' nuisances) of Chapter 1.0?..." Moreover, we call your attention to page 3, Item No- 6 of Speciai Event Permit 2021-0905 for applicant, Lynne Daniels, which was conditionally -approved by the Design and DeveiopmenI Department on Cct4ber T, 2022 which states that -. Mipswmad.googie.corrVmaiUur019,k=$9s321ScZs8riew=pi$search-all&pe-rmmsgid=+nsg-a%3Ar492876713d5249016028simpi=msg-aMArdi3287671--- 1f2 SNYDER 1 ATTER�S OT ONE ETHE AGENDA - DUPONT EISTAl1="Xtl�f[168406 � Eli I g'rP� II ITTlint Estsde P1t <)f Of rV0cadian ftr events exceeding 50 amndeesl shall be prsvvidod to the City or`La G rtta Planning Division s4wan [TJ days prior to each event... " ( C*VJ sw�(,Js � &ffs ru For the record. there are several families in the neighborhi ood who did not receve Notice regardilher The Daniels" Mayoral Fundraiser nor the recent Wadding event (assuming, of course, any such notices were sent at all as required py the Cade) and i# is of utmost importance to us that the City of La Quinia (1) Provide an explanation (including evidence of mailing of such notices) as to why Ms. Daniels's 11104122-11108122 wedding event application was approved by the City des 111 the missing required notices and (2) that the City expeditiously enforce its Code and issue the corresponding citations against Mr. and Mrs. Daniels. just as it has done on the numerous occasions during which The Daniels have lodged frivolous accusations of code violations against many of us, On behalf of a growing group of Highland Palms neighbors who have rasotved to stand against the deca le34ong harassment and bullying of Robert and Lynne Daniels and the City's enabling of such abuse. we look forward to your timely reply. Respectfully, Claudia Snyder and Matthew Snyder Kelly and David Bsucom Brian Drown and Anthony DeZa$p Melissa and Lawrence Labayog Robert Morin and James Carpenter Attachments/ Enclosures: (2) Wedding at DuPont Estate Nov 2022.jpg 330K Dupont Estate_Special Event Permit.pdf 6317K hVSllmail,ik--69a3215c2nviSw-pt&searclr-all&perrnmsgid=nlsg-a%3Ar4926767130524901602"mpl=msg a%3N49287871..- 212 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT F Email reply dated 12/13/22 from City Manager to Group of Highland Palms Neighbors re Lack of Notification for /1105122 CelebNty Wedding at "Dupont Estate„ (no mention of Mayoral Event for which we are currently requesting documentation) CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS From: Jon McMiilen Sent~ Tuesday, December 13, 2022 9:18 AM To. Claudia Snyder Subject: Special Event Permit for 46485 Cameo Palms Drive - Response 121322 Attachments: Response Special Event Matter 121322,1>df Hello Claudia and Matthew After research and consulting with our Code Enforcement Office and City Attorney's Dffice please see attached letter for my response, Please email or call me If you have any questions. Regards Jon McMillen I City Manager City of La Quinta 78495 Calle Tampico ¢ La Ouinta, CA 9225.3 Ph, 760.777.7030 imcm i l l en.@ lag u i ntaca.gov wv+ w.l.aguintaca.aov December 13, 2022 VIA EMAIL Claudia and Matthew Snyder <elovebacigmail. com > Rey Special Event Permit for 46485 Cameo Palms Drive (The DuPont Estate) Dear Claudia and Matthew Snyder, This letter is sent in response to your emails, dated November 7 and November 11, 2022, which, in general, allege that the owner of the above -referenced residential property (Property) did not provide sufficient notice of one or two special events as required by La Quinta Municipal Code (LQMC) Section 9.60.170. I have consulted with the Code Enforcement Office and City Attorney's office in preparing this letter. I have also reviewed the following applicable special events permit: Special Event Permit 2021- 0005 Approval Letter (dated Oct. 7, 2022) with Conditions of Approval (Attachment 1), which includes Condition No. 6 that provides in full: For events exceeding 50 attendees, the applicant shall provide notification of such event to all properties within 500 feet of event site and/ or surrounding Nome Owners Associations ( HON s) Fourteen (14) days prior to each event. Notification shall include date, time, event scope, and the name and twenty-four hour contact phone number of the local contact person for the property and the police department. Proof of notification shall be provided to the City of La Quinta Planning Division seven (7) days prior to each event. In addition, the name and (shone number of the local contact person for the property shall be posted at all entrances to the property. The above -referenced property is a licensed short-term vacation rental (STVR), subject to LQMC Chapter 3.25. Among other requirements and provisions, LQMC Section 3.25.070(P) grants the authority for the city manager, or designee, "to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short -terra vacation rental unit are avoided or adequately mitigated[.]" Relatedly, LQMC Section 3.25.070(8) provides the permissible number of daytime and overnight occupants allowed to occupy any given STVR, with a number and range corresponding to the number of bedrooms in the STVR. CITY COUNCIL MATTERS NOT BY �W ^CAI Ir I HilIA - For example, a STR that has 9 bedrooms may permissibly have 18-24 daytime occupants. Because the above -referenced Property may have events with the total daytime number of occupants exceeding the permitted number of occupants pursuant to Section 3.25.070(8), the owner of the property applied for and obtained a special events permit pursuant to LQMC Section 9.60.170(A)(3). Condition No. 5 attached to Special Events Permit 2021-0005 was issued pursuant to LQMC Section 3.25.070(P). The City dMd receive from the owner of the Property proof of notification to neighbors of an event that occurred an November 5, 2022. The proof of notification received by the City includes the date, time, event scope, and local contact person information, but the proof of notification does not appear to include the police department contact phone number. Because it appears the owner of the Property took good faith efforts to substantially eamply with the appltcable notification requirements of LQMC Sections 3,25,070 and 9.60.170 as implemented vis-a-vis Condition No. 6, but appears to have Failed to include all of the required information, the City will be sending (by separate official letter) a Warning and Reminder Notice to the owner of the Property to comply with all of the following; • All properties within 500 feet of Property (and surrounding Home Owners Associations ( HOA) if any) must receive notffication of a special event exceeding 50 persons; • Any such ratification must be delivered to the properties within S00 feet fourteen (14) days prior to each event; Any such notification must include date, time, event scope, and the name and twenty-four hour contact phone number of the laeal contact person for the Property and the police department; and Proof of such notification roust be provided to the City of La Quinta Planning Division seven (7) days prior to each event. The Warning and Reminder Notice will also reference that failure to comply with the above -referenced requirements couid result in proceedings to potentially suspend or revoke Special Events Permit 2021-0005 in accordance with LQMC Section 9.60.170(C)(1), which is the process to fcllow for consideration of any suspension or revocation of a special events permit. Similarly, because It appears the owner of the Property took good faith efforts to substantially comply with the applicable notification requirements of LQMC Sections 3,25.070 and 9.60.170 as implemented vis-a-vis Condition No. 6, the City's Cade CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNY MATTERS NOT ONGENDA - DUPONT ESTATE AND SPECIAL EUS PERMITS a Enforcement Office and City Attorney's Office do not think there is sufficient evidence, at this time, that would warrant the commencement of abatement of a public nuisance, as there is not evidence of a consistent or recurring public nuisance in violation of Special Events Permit 2022-0005. Sincerely, �T on McMillen City Manager, City of La Quinta CC: City Clerk's Iiffice City Attorney's Office Code Enforcement Office CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT C "Evidenoe of Notification" re 11104122 Celebrity Wedding at "Dupont Estate" CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS From: Lynne Daniels Sent: Monday, November 7, 2022 10:58 AM To; CarleS Flores Subject From neighbor Alan Pollack " •}ttVAL: This message originated outside of the %qest5 nof La Quints. Please use pr❑per judgement and caution when opening attachments, clicking links or respodeng to rfor information " 10:42 {0 hleighbor A[an Hi... Sure appreciate your sending via email the notice of weekend event...your always so great about letting us neighbours know... And by the way, there 0 f* b a G�,in4,A �4j-p�, Lze,-,�� - - + r-rQ{'.SFN:I� CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Fellow Neighbor, There will be a wedding taking place this upcoming weekend Saturday, November th at 46485 Cameo Palms Drive. We are thrilled that the bride and groom will enjoy this milestone in their lives on our property where we were married in 2005. Please know the neighborhood will be respected and we will be nearby. All permits are in place. We appreciate your support and understanding. Please enjoy the music which will be over at 1 Oprn. Our Best, Lynne & Rob Daniels 310.720.8222 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT H Email reply dated 03123122 from City Clerk to C. Snyder re Complaint re Unlicensed Private Security Personnel at "Dupont Estate's" Mayoral Fundraiser (12/1 V22) and Celebrity WeddiIn (11105122) CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Attachment 4 From: Nionika Radeva Sent: Thursday, March 23, 2023 5:20 P To: wel ovebaci@g rnaikom Cc: Records requests Subject: COMPLETED: Snyder, Claudia 2023-03-15 - 46485 Cameo Paims Dr. Special Residential Events Permits Attachment's: 3.pdf Good afternoon, The City received your request for public information, dated 3115/2023, sent via the email included below. Your requests in blue and responses in black are listed below: f) Per my speech at tine last City Cauncif meeting on March 7, 2023. } am following -up regarding our request for the Evidence of notification regarding the two special events held by the Dupont Estate in our neighborhood- (1) the Mayoral Fundraiser on Oct 12th and (2) the large wedding (event on Nov 7th- which. per your letter dated Dec I 2022. the City did, in fact, receive from applicant, Lynne Daniels_ Our understanding is that, just like the Special Event Permits application itself, this supporting documentation is part of the public record to which we shoufd have access. October 12, 2023 Mayoral fundraiser event — in response to your request concerning this event, there are no responsive records. This event was permitted under Special Event Permil 2021-0005 issued to the property located at 46465 Cameo Palms Drive because the owners' anticipated that the number of attendees may exceed the number of alliowed "daytime occupants" in a permitted short-term vacation rental (STVR) pursuant to La Quinia Municipal Cade section 3.25.070(B). However, this event was not anticipated to exceed, and based on information provided to Oily Staff, did not exceed 50 attendees. Therefore, notification of all properties within 500 feet of the event side 14 days prior to the event did not apply because Condition of Approval No_ 6 in Special Event Permit 2021-0005 was not triggered, November 7, 2023 wedding event — in response to your request concerning this event, a copy of neighbors notification is attached (PDF 3). 2) For the record. I reiterate that there are at feast a handful of households WHO D0 IVC T receive notification regarding either evert. as requ?red by the Code and we respecffully request evidence of the notifa<cations for all years dating back to 2017_ We will follow-up for said evidence within a month andlor the next City Council meeting, There are no responsive records: evidence of notifications are not permanent records kept in the ordinary course of City business for approved Special Even# Permits. 3) As l also stated during the last Clfy courrcil meetirrg. were unable to obtain verifiGahan of a security license for ai#her Marvin Ar}elgar nor Andraw Coffin s aria the Department 0f Cor)surrwr Affairs that these "security officers'who worked the Mayvraf Event on Oct 12th and the Wedding Evorrt or) Nov 71h are fieensed, as raquired by Item 12 of the City's Corrddic' nat CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Approval to Specs! Event Permit? 2021-0005 which states that 'security personneJ shall be easily identifiable and private security. � . must be licensed by the Slate of CA and possess a valid security license". Would you please explain what the City intends to do abouif this breach of the Code? No request for records is identified with this statement. To the extent this statement alleges that there was a violation of the La Quinta Municipal Code, the item has been referred to the City's Code Compliance division and will he investigated and processed in the ordinary course. 4} Finally, as l asked on !March 7th, 2023, would you explain the following: It tha code states that a Special Events Permit applicant is to provide noflficatlon of an evem to all property owners or? the last egoafrzed county assessment roll and whn 500 feet of tha proposed Special Event property 14 DAYS PRIOR to the event. how it would have been possible for the owners of the so-called Dupont Estate to provide notification to neighbors regarding the Oct 121h Mayoral Fundraiser given that the City's Conditional Approval was granted only 5 days prior to said Fundraiser (an Oct 7th)? Please reference response provided to No. 1 above. This email correspondence compie#as the City's response to this request in accordance with the California Public Records Act (Gov. Code Section 7922.0C)0 et serf.). Thank you_ Monika Radeva, C144C I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 ToL (760) ?77-7035 MRadeva(u-Naguintaca gov From., Claudia Snyder > Date: Wednesday, March 15, 2023 at 11:12 Aft To. Jan McMillen cirrlcmiIIcn@laquintaca.gov> Subject: Reply to La Qu1rta's Response Dated 12/13/2022 re Special Residential Events Permits CXT€RNAL: This message origlnated outside of the City of La Quinta Please use proper judgement and caution when opening attachments, clicking links or responding to rcque5ts far inforrnaticr. Dear 11411r. McMillan - Per my speech at the last City Council meeting an March 7. 2023. l aim following -up regarding our request for the evidence of ratification regarding the two special events held by the Dupont Estate in our neighborhood- (1) the Mayoral Fundraiser on Oct 12th and (2) the large wedding event on Nov 71h- which, per your #etter dated Dec 12, 2022, the City did, in fact, receive from applicant, Lynne Daniels. Our understanding is that, just line the Special Event Permits application itself, this supporting documentation is part of the public record to which we should have access. You stated that "the City did receive proof of notification to neighbors" from the owner of the [so-called Dupont Estate Resort].... as required by the Code and suggested that the issue was actually that the notifications "did not appear to include the police depl contact phone number". For the record, I relterate that there are at least a handful of households VVHQ LAD NOT receive notification regarding either event, as required by the Code and we respectfully request evidence of CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS the notifications for all years dating hack to 2017. We will follow-up for said evidence within a month and/or the next City Council meeting. As I also stated during the last City council meeting, were unable to obtain verification of a security Iicense for either Marv!n Meigar nor Andrew Collins via the Department of Consumer Affairs that these "security officers' who worked the Mayoral Event on Oct 12th and the Wedding Event on Nov 7th are licensed, as required by Item 12 of the City's Conditional Approval to Special Event Permit 2021-0005 which states that "security personnel shall he easily identifiable and private security... most be Iice, nsed by the State of CA and possess a valid security license". Would you please explain what the City intends to do about this breach of the Code? Finally, as I asked on March 7th, 2023, would you explain the folloyAng: If the code states that a Special Events Permit applicant is to provide notification of an event to all property owners on the last equalized county assessment roll and w/in 500 feet of the proposed Special Event property 14 DAYS PRIOR to the event, how it would have been possible for the owners of the so-called Dupont Estate to provide notification to neighbors regarding the Oct 12th Mayoral Fundraiser given that the City's Conditional Approval was granted only 5 days prior to said Fundraiser (on Oct 71h)? We look forward to your reply. On behalf of a concerned group of Highland Palms neighbors, Claudia Snyder CITY COUNCIL MEETING JUNE 20, 2023 -WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS M COMPLETED: Snyder, Claudia 2023-03-15 - 46485 Cameo Palms Dr. Special Residential Events Permits i nlez�sayo Claudia Snyder <welovebacE@gmail. com} Mon, iun 121, Z423 at i 1;16 AM To; Monika Radeve <mradeva@laquintaca.gov;- Cc -Jon McMillen <JmcrriIIen @ I aq ui nta ca.gov> Bcc: Matthew Snyder <masnyder@grnaiLcarri;-, Kelly Saucom <procadyL grnai1.com>, Brian Brown < spa rky_brow n( mac.coM> Dear Mr. McMillen - The purpose of my email fs to request clarif;cation re a discrepancy I discovered felaring to Ms_ Radeva's 03123)22 restronse to my Enquiries re the so-called Du pant Estate's ❑nober I21h Mayoral Event. Nis. Radava stated - October 7Z 2023 Mayoral fundraiser event - ,.. This event was permitted ender Special Evew Permit 2021-0005 fssued to the property located at 46485 Cameo Palms Drive because the owner '[sic] anticipated that the number of attendees may exceed the number of allowed "daytime occupants" in a permitted short-term vacation renter' (STVR)... However, this event was not anticipated to exceed, and based an information provided to City Staff, did not exceed 50 attendees- 10 (AA W0+*9_R There is a discrepancy between GIs. Radeva`s statement that event info was provided to Ui y staff based on Code Entorcemenfs rep rt no. CE-22-1585 which unambiguously states "Property Owner has not made the City awave that the event was occurring.' The PLANNING deist retroactively decided that the even; would be covered under permit EEP 2021-0005. The problem wl that is that. (a) The permit was NOT applied for 2: 45 days prior to event; (b) Specific went infa far the Mayoral event was NOT provided to CRy; in fact, there is ZERO men tkor of the Mayoral event in permit SEP 2021-0005, except for a same -day ern aiI invitation (10/12/22) from L Daniels to City Staff, interestingly enough, the 3-day wedding event IS mentioned En the Conditional Approval; The Mayor herself elaims the event is both Permitted ("Site's following the rules") and also a "Gathefing of Friends" ("Get Friends" Video). From our perspective, ft appears the Chit attempted to cover-up for an unpermitted event that resulted En a nuisance to those of us who reside elnsest to the so-CaNed Dupent Estate. Would you please explain the discrepancies? We cannot move forward until there is justice. Respectfully, Claudia Snyder louvred rest hidderil CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT I Email reply dated 04104122 from Code Enforcernent Supervisor to City Clerk re Findings of Investigation into Complaint re Unlicensed Private Security Personnel at "Dupont Estate's" Mayoral Fundraiser (12/12122) and CeleWy Wedding (11105/22) CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Attachment 5 From: Kevin Meredith Sent: Tuesday, April 4, 2023 11:22 AM To, Monika Radeva Cc: Martha Mendez; Carlos Flores Subjoct: FW: SPEV2021-0005, Question Regarding Security Personnel Hi Monika, reviewed the November 7, 2023, code case in which several complaints were received regarding an event taking place that exceeded 50 people and security. I reviewed the same case regarding the March 13. 2023, PRA submitted by Mrs. Snyder regarding the concern that the event on October 12. 2023, and the event on Ncvernber 7, 2023, had security personnel in which she was not able to eorf`Mrm that the onsite securily were licensed with the Department of Consumer Affairs. I Regarding the October 12, 2023. event, there were no complaints at the tirr4e and co compliance does not have a record of responding to that event. Regarding the November 7, 2023, event, there were complaints and code did Fes The Code Officer observed what he identified as Security personnel. In coo ion wilh the onsl security, several noise readings were taken that showed no violation. a event was permitted so the number of attendees was not an issue. Based on the PRA com int, I reached out to the permit holder for the NiovemLer 7, 2023, event and asked about the se that was utilized. lugs. Daniels stated tha► she did have security onsile but that it was not her usualmlqff security, and she did not conPirn': whether the personnel were licensed by the Slate of California. Mrs. Daniels stated (kat she did not understand that confirming the correct Lxj licensing was her responsibility. M q At this point, there is no further action for Code Compliance to take on thlos matter. I discussed with i� Mrs. Daniels that in the future she should request that her sec ity company provide their credentials and that she rnainlains those credentials for her records in case the information is requested by City staff or Police. Please let me know if you need any a ,ditional on this matter. Thank you. Q�tcv4rcu —; U 1%)R%I1— Kevin Meredith I Animal Control { Code Compliance Supervisor Public Safety City of La Quinta 78495 Calle Tampico I La ❑uinta, CA 92253 Ph. 760. 77 7.7034 wwwdacluintacaaav ww. playinlapuinta.com CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS From: Kevin Meredith Sent; Monday, April 3, 2023 4:46 PM Tv; Lynne Daniels Cc. Carlos Flores <cflores@Iaqu1ntaca,gov>; Martha Mender r mmendez@laquintaca.gov>; Monika Radeva <mradeva@laquintaca.gov> Subject: 5PMO71-0005, question Regarding Security Personnel Good aftemoon, The Code Compliance Division has received a complaint that a couple of the "Conditions of Approval" listed under Special Event Permit SPEV2021-0005 were not met during two events that were covered by this permit. The events were reported to have occurred on October 12, 2022, and November 7, 2022. • October 12, 2022 Event — Did you have Security Personnel at this evdvi? If so, did you confirm that they were properly licensed by the Mate of California and iFith the City? November 7, 2022 Event — This event the Code Officer notes In his c observed a Security Guard, did you confirm that they were properly ii California and with the City? Please send me any documents you have regarding the Security company includi Security company that you utilized. Thank you, CONDITIONS OF APPROVAL CompletionlconfimuMon prior to start of the event: ort that he by the State of the name of the 5. All vendors shall obtain a City Business License prior to each event. The serving of food and alcoholic beverages during the event shall be subject to the rules and requirements of the Riverside County Health Department and State of California Alcoholic Beverage Control, respectively. The applicant shall provide the City with proof of ABC approval prior to the event. Completionfconfirrnation during the event: 12. Security personnel shall be easily identifiable to the public by the provision of uniformed personnel. All designated private security personnel must be licensed by the State of California and possess a valid private security license. CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Kevin Meredith I Animal Control 1 Code Compliance Supervisor Public Safety City of La Quinta 78495 Calla Tampioo I La Quints, CA 92253 Ph. 7 0.777.7034 www.laquintaca.gov www.playinlaquinto.com CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT J Dept, of Consumer Affairs (DCA) Private Security Cuerd Licensing Information for Marvin Melgar and Andrew Collins CITYf OUNCILTING JUNE 2 , 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA DER �MAl�E1QTP�KJULW(�A�.Q.LJPOrkqM ANC >S PERMITS MELGAR, MARVIN O WALDG IA) 0 � ., VIV LICENSE NUMBER: 1784865 LICENSE TYPE: SECURITY GUARD LICENSE STATUS- CANCELLED EXPIRATION BATE: JULY 31. 2022 SECONDARY STATICS: N?A CITY' RICHMOND STATE. CALIFORNIA COUNTY. CONTRA COSTA ZIP: 94801 F�70 MELGAR MIGUEL, MARVIN LICENSE NUMBER: B307036 LICENSE TYPE SECURITY GUARD f� 14 LICENSE STATU5: CANCELLED EXPIRATION GATE; MARCH 31. 2019 SECONDARY STATUS; NiA CITY: SAN 13EFRNARDINO STATE-CALIFORNIA COUNTY, EAN BFRNAR❑INO ZIP:92404 ! NIELGAR, MARCO LICENSE NUMBER: T646452 LICENSE TYPE: SECURITY GUARD LICENSE STATUS: CANCELLED EXPIRATION DATE: DECEMBER 31, 21113 SPCONDARY STATUS-- NIA CITY: BELL GAIR 0ENS STATE: CALIFORNIA COUNTTt LO5 ANGELES 21P' 90201 MELGAR, MARIA J Ivu- LICENSE NUMBED; 1702696 LICENSE TYPE: SECURITY GUARD LICENSE STATUS: CANCELLED EXPIRATION DATE: AUGUST 31. 2021 SECONDARY $TATUS- N/A CITY: LOS Ai15ELES STATE: CALIFORNIA COUNTY: LOS ANGELES 21P; 900la MELGAR, MARIA J LICENSE NUMBER: 5159 LICENSE TYPE: PROPRIETARY PRIVATE SECURITY OFFICER LICENSE STATUS: CANCELLED EXPIRATION DATE: NUVEMBER 31), 2010 5ECONDrl.RY STATUS: NiA CITY. LOS ANGFLES STATE: CALIFORNIA COUNTY: LO5 ANGELES LIP. 900IR MELGAR, MARILYN ABIGAIL LICENSE NUMBER: 63CM22 LICENSE TYPE; SECURITY GUARD LICENSE STATUS: CANCELLED EXPIRATION DATE! MARCH 31. 2019 SECONDARY STATUS- NIA CITY: LOS ANGELES STATE; CALIFORNIA COUNTY: LOS ANGELES ZIP.90052 MELGAR, MARIO ARTURO JR. LICENSE NUMBER, 1369388 LICENSE TYPE: SECURITY GUARC) LICENSE STATUS: CANCELLED EKPIRATION DATE: AUGUST 31. 200S SECONDARY STATUS: NiA CITY: WHITTIER STATE: CAUrORKIA COUNTY: LOS ANGELES ZIP: n'502 MELGAR, NIARITZ ARELY LICENSE NUMBER; 334E LICENor-TYPE; PRO RRIPTA_Ry pRa11A7L sECURITY OFFICER IJ GC NBE 8TATu S- CANC ELI-EU EXPIRATION OAT E: JAN DAgr 31. 2a1q SECONDARY STAYUa: N/A CITY; SAN NI TED 9TA7'E; CALWORMA cUUNTY: SAN MATEO ZIPr 9A4pi Df 3 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS COLLINS, ANDREW JAME LICENSE NUMIBER: 63069$3 LICENSE TYPE: SECURITY GUARS~ LICENSE STATUS: CANCELLED EXPIRATION DATE: MARCH 32, 2019 SECONDARY STATUS. NIA CITY: VICTORVILLE STATE: CALIFORNiA COUNTY: SAN BERNARDINO ZIP: 92392 COLLINS, ANDREW L LICENSE NUMBER: 1437377 LICENSE TYPE; SECURITY GUARD LICENSE STATUS: CANC EL LE13"EX PI R ATI 0 N DATE; APR It 30, 2006 SECONDARY STATUS: NIA CITY; BAKERSFIELD STATE: GALIFORNIA COUNTY: KERN ZIP; 93313 COLLINS, ANDREW M. JR LICENSE NUMBER: 14SQ713 LICENSE TYPE: SECURITY GIJARD LICENSE STATUS: CANCELLED EXPIRATION DATE; DECEMBER 31, 2017 SECONDARY STATUS: NiA CITY,, PARAMOUNT 57ATE: CALI.FORNIA COUNTY: LOSANGELES ZIP: 9OJ23 COLLINS, ANDREW O'BRYAN LICENSE NUMSERi 6609085 LICENSE TYPE: SECURITY GUARD LICENSE STATUS' DENIED 150 DAY TEMPORARY LICENSE EXPIRATION DATE_ 5LPTEMBER 24.2022 SECONDARY STATUS: NiA CITY: -AN FRANCISCO STATE: CALIFORNIA COUNTY: SAN FRANCISCO ZIP; 94110 COLLINS, ANDREW PAUL LICENSE NUMBER: 1919813 LICENSI TYPE: SECURITY GUARD LICENSE STATUS: CANCELLED EXPIRATION DATE: JULY31, 2019 SECONDARY STATUS: NIA CITY: INDIO STATE: CALIFORNIA COUNTY: RIVERSIDE ZIP' 92201 COLLINS, ANDREW PAUL �Aw LICENSE NOMDER= 6681710 LICENSE TYPE: SECURITY GUARD LICENSE STATUS- CURRENT- TEMPORARY FAMILY SUPPORT EXPIRATION DATE: OCTOBER 7. 2023 SECONDARY STATUS: NIA CITY: PALM SPRIINGS STAEITE: CALIFORNIA COUNTY: RIVERSIDE ;SIP: 02262 COLLIN VVCRTH, ANDREW PHILIP LICENSE NUMBER' 15Sas37 LICENSE TYPE- SECURITY GUARD LICENSE STATUS: CANCELLED EXPIRATION DATE; OCTOBER 31. 2912 i SECONDARY STATUS: N}A CITY: SAN I:IIEGO STATE: CALIFORNIA COUNTY: SAN DIEGO ZIP: 92124 COLLINSV ORTH, ANDREW PHILIP LICENSE )JUMBER, 55719383 LICENCE TYPE: SECURITY GUARD LICENSE STATUS: C'LJRZRENT EXPIRATION LATE MARCH 31. 2325 SECONDARY STATUS: NFA CITY: SAN DIIEGO STATE: CALIFORNIA COUNTY: SAN DIED❑ ZIP: 92124 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS BUREAU OF SECURITYAND INVESTIGATIVE SERVICES LICENSING DETAIL FOR: 6681710 NAME: COL-LINS, ANUREW PAUI, LICENSE TYPE: SECURITY GUARD PRIMARY STATUS: CURRENT - TEMPORARY FAMILY SLPFORT AaaRESS OF RECORD PALM SPRINGS CA 92262-0638 RIVERSIDE COUNTY ISSUANCE DATE APRIL 10, 2023 EXPIRATION DATE OCTOBER i, 2073 CURRENT DATE ! TIME JUKE 14. 2023 8:5.50 AM 3 u$3 I CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT K Declaration of witness, Marvin Malgar, to First Amendment to Last Will and Testament of J. M. Hendriks' Dated 11110Q006 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS 11111111111114 2 �1 � g � _r2 11111100 3 4 5 7 9 10 11 12 13 20 2E 23 74 25 215 27 28 ROBERT J. CHRISTENSEN (SBN 320474) rob Go jchristensen.com CHRISTENSEN LAW 22431 Antonio Parkway, 1:3160-150 Rancho Santa Margarita, CA 92688 Telephone; (213) 533-9736 Facsimile: (949) 269-6451 Suzanne M. Rehmani, Bar No, 160128 Kale K_ Heiman. Bar No, 262385 REHMANI & ASSOCIATES. a Professional Law COT. 14751 Plaza Dr., Suite B Tustin, GA 92780 Telephone. (949) 202-1424 Facsimile: (949) 202-1425 Attorneys for Petitioners JUDITH SILBERT. TASHNA M. BEINJAMIN KEISHA A. BROTNOV In the Matter of FILED Superior Court of California Courtly of Riverside 4111022 M. Bondad Electronically Filed SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE PALM SPRINGS COURTHOUSE THE JOHN AND ADELINE HENDRIKS LIKING TRUST DATED NOVEMBER 10, 2006 JUDITH SILBERT, an individual, TASHNA M. BENJAMIN, an individual, KEISHA A. BROTNOV, an individual yeti lioners, u R013 ERT DANIELS. an individual and as trustee: [ YNNE DANIELS. an individual and as trustee; and DOES 1 through 50, inclusive. I« Respondents CasgNo,. PRIN22004 9 VER.IFIFD PETITION: 1. FOR FINANCIAL ELDER ABUSE; 2. TO INVALIDATE FIRST AMENDMENT FOR LACK OF CAPACITY; 3. TO INVALIDATE FIRST AMENDMENT FOR UNDUE INFLUENCE; 4. FOR ACCOUNTING AND SURCHARGE; 5. FOR SUSPENSION AND REMOVAL; 6. FOR ATTORNEY'S FEES AND COSTS (Prob. Code, § § 86. 6100. 6100.5, 15642, 16060, 16060.7; Welf & Inst. Code. §§ 15657.5, 15610.70. ) Rearing Date: 711 r2D22 Time, 5'45AM Qcpt.: PS3 VFRt1=1ED PETITION TO OETFRMINF THE VAL_If31TY OIt RVALIDITY OFTFIE FIRST AMENF)-MrNT TO THE J01IN ANr) ADES.. NE 4ENDR1KS LIVM TRUST CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS MA `' EXHIBIT 6 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS FIRST AMENDMENT (CODICIL) TO THE LAST WILL AND TESTAMENT (POUR OVER WILL) OF JOHN M. HENDRIKS, DATED NOVEMBER 10, 2006 I, JOHN M. HET]DRIKS. currently domiciled in Palm Desert, California, executed his Last Will and Testament („Pout Over Will") hcreinaftr the "WilF. on November 10. 2006. WHEREAS. I desire to amend the Will, NOW THEREFORE, the Will is hereby amended as set forth below. Article III of the Will is deleted in its entirety, and replaced to read as follows: "Article IIL l hereby nominate ADELINE D, HEINIDRIKS to be the Personal Representative of this Will, In the event that AD>'LINE D. HEN DRIKS is unable or declines to serve. I nominate R013F1 T N. DANIELS to be the Alternate Personal Representative. In the event that ROBERT N. DANIELS is unable or declines to serve. I nominate LYN E DANIELS to be the Second Alternate Personal Representativc. The Personal Representative shall have full power and authority to carry out the provisions of this Will. These powers shall include, but are not limited to, the managing and operating of any property and business belonging to my estate during probate." sklow Except as revised and amended by (his First Amcndment. Last Will and Testament ("Pour Ovcr Will") dated November 10, 2006 is ratified and republished. DATED this day of October. 2020 at Palm Desert. tyalilfnrnia, By7 . ,IOHN M. tiEN DRIK CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS Lkelarntion of Witnesses On this date written below. JOHN M. HENDRIKS. the undersigned. declared to us 111at this instrument, including the page signed key us as witnesses is the First Amendment to the last Will and Testament (Pour Over Will) of JOHN M. I [ENDRIKS (hereafter. " Settlor(restator" ). who. at the 5ettlorfTestator`s request and in the 5ettlorrrestator`s presortce, and in the presence al' each other now subscribe our names as W irnesses. We declare under penalty of perju • that the Foregoing is true and cormet and that this declaration was executgd on khis the i day of . Octohcr. 2020. ar Palm Desert. Cali#"rirttia, witness Printed Name Street Address City. State. Zip Code ` Vv'itness Signature �,/( CLJ 10" # � � 7 el C Printed Narne Street Address City. State. Zip Code Tq-vyel-�, w4w)e1l, g A vy,Pti4 N 44Y � vvyv(�i—, l.ct-.timokd 7tkpA� 4, ur"�-,e"4- CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT L Desert Sun Article dated 12=115'1-a Quinta Tightens Events Regulations, Toughens Penalties" by Sherry Barkas (Currently an a Wloyee of the City of La Q rota, who reporis to the City Manager) .9 MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER T ON THE AGENDA - DUPONT ESTAT�Off � l i ll "hens penames Desert Sun.--. La Quinta tightens events regulations, toughens penalties .+ �jkerry 9�rkas Palm springs Desert sun Pkihiisiled 3:05 p.m. PT Dec. 2D_ 2016 1 updated 12;34 p.m. PT Dec_ 21. 2016 l.a Quinta is making some changes to its special events regLdations, adding more steps twthe permit process and penalties that include a one -}year moratorium on properties with repeat violations. The City Council unanimously approved amendments to its ordinance Tuesday. A perrnittee would be banned for up to a year after three citations on one permit. on a permittee who gets cited three timesith three cited Nriolations. The permit would be revoked and the holder can appeal, but if the citations stand, the moratorium would be enacted, City Attorney Bill 1hrke said. Several La Quinta residents spoke during the public hearing, some urging tougher standards. LResort Daniels, who with her husband, l ob Daniels, owns and operates the Dupont 1Js'�aton Cameo Palms Drive, a vacation rental home the Daniels also rent out for special such as weddings, says she is fine with the new regulations. "It all sounds reasonable enough,,, Lynne Daniels said. Sally Weitzel, whose family has a neighboring home on Cameo Dunes Place, says the regulations aren't tough enough. A weekend of Coachella Valley Music and Arts Festival parties of loud music disrupted her family's weekend, she said. She has since moved from the house to an apartment complex in a quieter neighborhood. Weitzel said she isn't against short-term vacation rentals, just the Dupont Estate resort, which she said is a business more than a home. "1 don't think commercial events should be held in a residential area," she said. "It's a beautiful place, but the wrong place for (the Daniels) to be doing this." hops+1Nww. 1911Z2011a•quFnta-revises-speoai.evwn rdinance"554b170) 1l5 CWNL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDI�k SNYDEIR T ON THE AGENDA - DUPONT ESTAT��AIVD' � �� �1 ' I'I Q P-'$ yes TAXES; City teams with Airbnb to collect TOT Code compliance officers were called to the Dupont estate several times during the Coachella felt weekend for noise complaints, City Manager Frank Spevacek said during an April council meeting. The Dupont resort is a second home for the Daniels wbo live in Malibu. They rent the La Quinta house, with its io bedrooms and two guest houses on 2.5 acres, as a second income, Lynne Daniels said. The estate is primarily a high -end vacation rental, costing 1,85o per night in the off-season and $2,65o during the high season. Security deposits range 2,500 to $5,000, she said. The home is also available for weddings and other parties, and Daniels insists that they are careful who they rent to and do their best to make sure clients are adhering to the regulations. "We're not the people they say we are," Daniels said. But she also said that they have "made some mistakes." This y ax's Coachella parties, which brought the complaints from Weitzel and her family and others -- also created traffic and parking issues in the neighborhood, which Daniels said are being addressed with a requirement that wedding and events guests now be shuttled in and out. "We will also insure that the proper permits will be in order and that we will oversee (events), not the client,' she said, vowing also to work closely with the city to snake sure events are in compliance with regulations. PREVIOUSLY: Palm Springs tightens vacation rental rules Nut all neighbors are bothered by the Dupont events. "i don't get why there is so much concern over something that really doesn't bother me," David Toms said. "I've lived here 20 years and I'm not complaining." Weitzel's daughter, Melissa Labayog, owns and continues to live in the house on Cameo Dunes Place and sharpy, told the council: "You're being incredibly shortsighted with some of the mandates in this." Councilman John Pena said the council is not going to be able to make everyone happy. I �rr C L MEETING JUNE 20, 2023 - WRITTEN C MENTS BYrwRESIDENT .CLAUDIA SNYDER ATl� T ON THE AGENDA - DUPONT ESTATEN It tvtR1�Fllh�ns perraltlas "We're going to try to do what is reasonable for people involved on either side" of the issue. Pena said. The ordinance revisions are part of an effort to streamline the development review and permitting process through a "Development Code Tune Up" staff has working on since April. The council held two study sessions on the special events regulations before voting on the first reading of the amended ordinance Tuesday. Mayor Fro Tern Robert Radi pushed for the moratorium, saving fines — currently set at 100 to $;ono — are not incentive enough for some to comply. "'The reality is, when you have sensible regulations in place, people are likely to follow them," Radi said. NEW COUNCIL: La Quinta seats two new council members "At the end of the day, our goal is to have as many (events) as we can because they generate revenue (and) they generate jobs," he Radi said. One-third of the city's revenue comes from transient occupancy — or hotel — taxes which are also applied to short-term and vacation rentals. Under the new regulations, special events would require one of three types of permits: minor temporary use permit; major use temporary permit; or a conditional use permit, to be determined by a variety of factors, including whether outdoor amplified music, a stage and lighting are needed and how many people would be invited. Events on commercial properties would require permits when 50 or more people are expected to attend. The vacation rental occupancy rules would dictate when a permit is needed for special events at a short-term rental, Planning Manager Gabriel Perez said. For example, a seven -bedroom home would be allowed 14 overnight and 20 daytime occupants and events geared to more people would require a permit, he explained. The new regulations also require permit applications be filed 45 to go days before an event, though staff has some flexibility and small events may not require that much time. Annual events, such as the careerBuilder Challenge and La Quanta Arts Festiva]., may receive multi- year permits. "By completely banning these (special everts) it completely infringes on people's property rights." Mayor Linda Evans said. "Our goal is to define the parameters so that we're at least I C L MEETING JUNE 20, 2023 - WRITTEN C MENTS BY RESIDENT CLAUDIA SNYDER T ON THE AGENDA - DUPONT ESTATEaA F ` `T "PER 11 vans verb putting structure in place so we have something to enforce to ensure the pride and enjoyment of those around." The ordinance is expected to cone hark to the council for a second read and vote on Jan. 3. Desert Surf reporter Sherry Parkas corners the cities of La Quinta, Indian: Wells, Rancho Mir -age and Palm Desert. She con be reached at -sherr_y.barkas@thede.-;ertsun.com thedesertsun.com or ( 6o) 778-4694. Follow her on Twitter @TDSsherry INFO BOX NONRESIDENTUTJ EVENTS Current standard: ■ 1-4 special events per year, require a temporary use permit ■ 5 or more are not permitted Proposed standard for events for go or more people: • 1-4 special events, temporary use permit • 5 or more per year, minor use permit required; may extend beyond the calendar year • Fees: 250 • Conditional use permits, whieb require a public hearing and Planning Commission approval, could also require notification of neighbors within Soo feet radius ■ Deadline to apply: 45 tv go days RESIDEN UL EVENTS Current standard: ■ Minor use permit required for events with 50 or more people ■ Maximum 2 events per year ■ In consecutive days maximurn per event Proposed standard: ■ Minor temporary use permit for 1-3 events ■ Major TLTP for 4-11 events„ would require notification of neighbors within 500 feet radius; and public hearing in front of the design and development director TTEN Q M TT T ONETHE AGENDA - DUPONT EISTAT A�E�S B R�DE I�CL/�U,DI�$n$ Von FAR ■ Conditional use permit for 12 or more events; would require notification of neighbors within 500 feet radius and approval by the Planning Commission f 3 days maximum per event ■ Fees: 250 to $5,82, depending on if there will be outdoor amplified music, staging, lighting, tents and additional parking accommodations; and number of people attending ■ Deadline to apply_ 45 to go days CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER 1VW�RgP MT ON THE AGENDA - DUPONT ES S 4" r PF ' RI " FLa Quinta I Linkedin in Sherry Barkas Works at the City of La Quinta Palm Springs, California, United States 196 followers - 194 connections 0 City of La Quinta San Jose State University Activity ht[ps JAyww-lin kedin.corMNsherry-barkas-9702b2a3 116 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER 1;ffi(#FI1r T ON THE AGENDA - DUPONT ES'" 5 f - *!RI ftf La OuEnta I Linkedln I Im r •�rr�rrw,.r r+•ii i4 til4Mrri aY4 Yii as rrr raaaa aa,.a• �• aai �a�rrw! a.r wraw •�rww�. •Firya;i a YarY i�aif �� •.• `640i the Rancho Las Palmas shopping center, nearby residents say.. Shared by Sherry Barkas VA&. r IL f75 Photo Shared by Sherry Barkas f4-, % 14 EL a,-- J Most of the 30 Palm Desert employees are from the Coachella Valley area. #Palmdesert #coachellavalley Shared by Sherry Barkas Join now t� see all activity htlps:flwvw-linkedin.CornANaherry-barka"702b2a3 2f6 CITY COUNCIL MEETING JUNE 20, 2023 -WRITTEN COMMENTS BY RESIDENT CLAUDIA S_NYDR ■ 11�Ftl` T ON THE AGENDA - DUPONT ES��F�PP3RIf`S�F La uinia Linkedln IM e Management Specialist City of La Quints Aug 2022 - Present - 5 months La Quinta, California, United States - Staff reporter The Desert Sun Jun 2021 - Present • 1 year 7 months Reporter Desert Sun Media Group Oct 2003 - Present - 19 years 3 months Education San Jose State University Bachelor of Arts - Journalism • Graduate Volunteer Experience Member Soroptimist International Yuba City More activity by Sherry W6 httPv1hwti++w_Ibnkcdin.coml W3hwTy.barkw.97U2b213 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS EXHIBIT La Quinta City Council Meetings - Public Comments on Matters Not on the Agenda - Spedel Residential Events Permits Program #Dupont Estate) CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS City of La Quinta Council Meetings - Public Matters Not on Agenda 04/19/16 — Public Comment 31.35 — 47:20 (Sally Weitzel, Melissa Labayvg, Lynne and Rob Daniels) httes:111aauinta.12 ilesout.cornlvideo!meeting136cab483-837f-4523-827`b-ef7b522fe3f9 05/03/16 -- Public Comment - 05:00 (Lynne Daniels) httpL://Iaguinta.12milesout.com/yidgolmeedng/8a42fa7d-f249-432a-Sdd3 - 5a4525af2263 9120/16 — Public Comment - 07:35 (Lynne Dal nlels) hApIl/laqui nta. 12miles%2ut.com/yideolmeeting/blal55Q@-Sd6a-453b-aMc-bfG6l4e356a 10/18/16 — Public Comment - 00:28 (Lynne Daniels, Sally Weitzel) httDs:11laaui nta.12milesout.tom v in SOc526f1- - f7-b0c7-f58bd6bbc731 12/06/16 — Study Session 2 - 32:10 (Lynne Daniels, David Th0I-ns, D A'gs Oil ,?: .j• McIissa La bal+og) h s: it out.co i tin 687 - 4eb4- 2bbd a 12/20/16 — Pubiic Hearing 2 — 3 1: 10 (Melissa and Lawrence Labayvg, I � i Fa.n — (}WI-, Sally Weitzel, Lynne and Rob Daniels, David Thom 5) Rob Daniels speaks at 1:14 and Melissa speaks again after Rob. Worth watching the entire public hearing. h s: la uint .12milesout.com/vide❑ meetin 5Glfflf0- e3-4acO-92-88a91bda8ed2 1ZJOS/17 — Consent Calendar 4 - 24:39 {Lynne Daniels) I i i meeti 4 - -44 - - 4 1 03/06/IS — Public Comment - 00:30 (Melissa Labayog) hugs: lag 2milesou video meetin gice1381 7.88d - f-ad4a-5 95 6 d2f8772 05/IS/ 18— Study Session 1- 27:00,1:13:03 (Melissa Labayog, Lynne Daniels) Worth watching all the entire study session. htt ps.111a guin ut. mee 5 - ef92-4d1f- ib- e03 39kbQ404 09/15/20— Public Comment - 55:05 (Melissa Labayog) htt s: la uinta.l it sout.com i eo meetin d7017-083f-4af4-b97e-5c9364 7b4e3 04/20121— Public Comment - 00-27 { ) "it's the individual who excessively complains about short term rentals and the parties that happen at the Dupont Estate," Mayor Evans. f 194 50e2 c7c3 CITY COUNCIL MEETING JUNE 20, 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER MATTERS NOT ON THE AGENDA - DUPONT ESTATE AND SPECIAL EVENTS PERMITS 04/19/22 - Public Comment - 07,30 Lynne Daniels} What does Mayor Evans say after Lynne's comment? http5://Iaguinta.12milQ.Sgut. ornlvfdevlmeet�r a12f540e7f-19da-4b3d-98ae-c74e629a3a53 06/07/22 - Business Session 1 - 41:12 (Lynne Daniels) htr.gs_ /laiuinta,12milesuut.comlvideo/rneeting/4ac8ebf0-8233-4fb8-890i .._D401d561bbhU 11/01/22 - Public Comment - 06,09 (Lynne Daniels) Mayor Evans says hello to Rob Daniels. httos:111'aguinta.12milesout.cornlvideolmeeting15772fa5b-3a11-0-62-aeQl-Qr-dff64b3739 11/15/22 — PuhIic Comment (Matt Snyder ) htt s: uin .-12mi esnut,corrvideo meetin dd52fId2-dBec-4920-ae4c-972c8c798b2o 12/06122 • Public Comment -3-09, 7-14 (Matt and Claudia Snyder) Note: Mayor Evans stOtes Mayoral event on 10/12122 was permitted (6:53� https.11 lag uinta.12milesout.corrm video meetin 972daefa-c6a8-acb7-8aaa-d2f5667dee7c 03107/23 - Public Comment - 00:49, 04:22 (Matt and Claudia Snyder) a.12 iI sout,00 2 6 d-5b70-4b7 f 4f8ab7a 5 04/04/23 - Public Comment-15:42.,17:42, 24:34, 29:09 (Matt and Claudia Snyder, Melissa Labayog, Lynne Daniels) Nate., Lynne slanders C. Snyder. "Physically assaulted me days after the iMay#rarlj reception" hn s: la Linta.12m�leso .com video rneetin f56ed5c2-50be-4124-a51c-bd6d59d4c38f Special Residential Events Permits Program — Overview with Major Steps >_ 45 days prior to event Conditional Approval >_ 30 days prior to event >_ 14 days prior to event >_ 7 days prior to event a-+ Q N 0 on C ro a Post Planning Files Application Applicant Receives Proof of Proof oMKS'M Lcense Conditional Event Specific All Other COMPLIANT • r&Notification to NotificatioecurityApproval nfo Sent to City?Neighbors? City? ersonnrms Met? EVENT w/ Terms Reviews Application � Permit Issued? EvePoeydNot BE EvePro eydNot ME EvePro eydNot'BM VIOLATION VIOLATION CITY COUNCIL MEETING JUNE 20. 2023 -WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER -- --------- - -•No- CE Report CE-22-1585 (EX. B): "Property Owner has not made City aware that the event was occurring." CE Report CE-22-1585 (EX. 8): PLANNING retroactively decides event to be covered under permit. Problem w/ that is: (a) Permit NOT applied for > 45 days prior to event; (b) Specific Event info NOT provided to City (c) NO mention whatsoever of Mayoral Event in Application/Conditional Approval (EX. A); (d) NO documentation indicating that event would be part of SEP 2021-0005 (aside from extemporaneous decision made by Planning upon neighbors' complaints on day of event) Mayor claims event is both Permitted ('She's following the rules') and also a "gathering of friends" ("Get Friends" Video) (EX. C) Mayor also claims in 12106122 City Council meeting that event was permitted (EX. M), though there is NO mention nor documentation whatsoever of event in Application/ Conditional Approval (EX. A); Same -day email Invitation (10112122) to City Staff from L Daniels (EX. D) No I / / No CE Report CE-22-1585 (EX. 8): PLANNING retroactively decides that event to be covered under permit and notification not triggered Neighbors adamantly maintain there was CE Report CE-22-1585 due to s 50 planned no not notification and (EX. e): attendees. How would City know given there is no communicated this PLANNING retroactively Specific Event info?... Nor to City (EX. E) decides that event to be any mention of event in covered under permit and CA packet/application? notification not triggered due to 5 50 planned attendees. How would City know given there is no Specific Event info? ... Nor any mention of event in Conditional Approval? hould NoNt en Allowed VIOLATION VIOLATION roceed CE Report CE-22-1585 (EX. 8): "Mrs. Daniels stated she did have security onsite, but not her usual (false)... and did not confirm whether licensed in CA... did not understand that confirming licensing was her responsibility." Email dated 04/04/23 from Code Enforcement Supervisor to City Clerk effectively confirming that Private Security Personnel were not licensed (EX. 1) Private security guards M. Melgar +A. Collins (*) NOT licensed per CA Dept of Consumer Affairs (EX. J) * As of 04110123, Andrew Collins is licensed as Private Security offering "Temporary Family Support" (EX. J, p.3) M. Melgar has been employed by Daniels since 2017 (per L. Daniels stmt attached to Conditional Permit SEP 2021-0005) (Ex. A) M. Melgar is well-known to Daniels: he was a witness to Amendment to J. Hendriks Last Will + Testament... which transferred real estate property from Hendriks to Daniels and for which Daniels are currently being sued (Financial Elder Abuse Case PRIN2200459) (EX. K) CITY COUNCIL MEETING JUNE 20. 2023 - WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER :---------- - - - - No Permit NOT applied for> 45 days prior to event; NO City documentation as to why exception was made to rule. Event Should Not Event Should Not Event Should Not Have Been Allowed Have Been Allowed Have Been Allowed VIOLATION VIOLATION to Proceed ` to Proceed to Proceed CE Report CE-22-1585: "Mrs. Daniels stated she did have security onsite, Specific Event info Neighbors City replies (Ex. F) with but not her usual (false)... and did not confirm whether NOT provided to City adamantly makeshift "evidence" of licensed in CA... did not understand that confirming licensing was her maintain there was notification (Ex. G), responsibility." no notification and evidently received on day communicated this of neighbors' complaint Email dated 04104123 from Code Enforcement Supervisor to City Clerk to City (Ex. E) and contrary to CA terms effectively confirming that Prive Security Personnel were not licensed which state that City is to (EX. 1) be in possession of this 27 days prior an event Private security guards M. Melgar +A. Collins (*) NOT licensed per CA Dept of Consumer Affairs (EX. J) i "Notification" s meaningless it provides * As of 04110123, Andrew Collins is licensed as Private Security Guard no indication as to who it offering "Temporary Family Support" (EX. J, p.3) was delivered; a mere document that could have M. Melgar has been employed by Daniels since 2017 (per L. Daniels stmt been created attached to Conditional Permit SEP 2021-0005) (Ex. A) extemporaneosly to satisfy City's attempted cover-up. M. Melgar is well-known to Daniels: he was a witness to Amendment to Hendriks Last Will + Testament... which transferred real estate property from Hendriks to Daniels and for which Daniels are currently being sued (Financial Elder Abuse - Case PRIN2200459) (EX. K) CITY COUNCIL MEETING JUNE 20. 2023 -WRITTEN COMMENTS BY RESIDENT CLAUDIA SNYDER FINDINGS - The City has failed neighbors of the "Dupont Estate" in its oversight of the program. Permits are issued at less than the required 45 days per program rules with no documentation re any exceptions that may have been made by the City. • Once a Conditional Approval is issued to an Applicant, there is no City oversight for the terms of the Conditional Approval: - NO City Request for Specific Event Info from Applicant (> 30 days prior to event) - NO Applicant Notification of Event to Neighbors (> 14 days prior to event) - NO City Request forApplicant's Proof of Notification to Neighbors (> 7 days prior to event) - NO City Request forApplicable Permits — e.g., licenses for Private Security Personnel • To compound the matter, it appears the City has made a concerted effort to cover-up for its lack of oversight to program rules. It also appears there is a conflict of interest between the "Dupont Estate" and the City, which is fairly well - documented. CONCLUSIONS - The program does not work; the current Administration has clearly failed to provide ANY oversight of the program beyond issuance of a Conditional Approval. SUGGESTIONS - Given our experience with the "Dupont Estate's" events this past Fall, and in order to preserve the integrity of the program going forward, we respectfully suggest that our community leaders include the following points in their discussions with the City regarding upcoming Amendments to the program: An independent body is required to oversee the program given the City's negligence and documented cover-up of the numerous violations. Those of us closest to this matter have lost confidence and trust in the City based on our numerous interactions with staff ranging from Code Enforcement officers to the City Manager who are clearly biased in favor of the "Dupont Estate" homeowners (evidence of Code Enforcement's harassment of some of us has been requested from the City and will be shared upon receipt). To that effect, it is also imperative to address conflicts of interest given the Daniels' Mayoral event invite to City staff, City "heads -ups" to the Daniels re complaints and requests for information (e.g., Notifications to Neighbors and Private Security Guard licensing), and uncorroborated anecdotes about pay-offs to City Staff. • The "Dupont Estate" must be held accountable for all violations. The events unambiguously equate to a PUBLIC NUISANCE per LQMC 9,60,170 and, yet, the City has never issued a violation for any of the numerous infractions. The program's integrity is at risk until there is accountability. • Granted, given its negligence, the City must be held accountable, as well, as the violations COULD HAVE BEEN AVOIDED, had there been oversight and unbiased enforcement of the rules. • We feel it is necessary to revise the number of permitted event attendees at properties such as the "Dupont Estate" which, unlike The Mery Griffin Estate, are located in the middle of residential neighborhoods. It is UNREASONABLE to allow for up to 200 guests for a 1-day wedding and 400 guests for 3-day parties in a small residential neighborhood such as Highland Palms (see Ex. A). • We feel it is imperative to discuss the value of anonymous complaints. We have been aggrieved by the City's disclosure of our complaints to the "Dupont Estate" in the form of incessant retaliation with the latter's use of City resources (evidence of Code Enforcement's harassment is forthcoming) and frivolous legal action. As such, it seems plausible that other members of the community would be reluctant to file complaints given common -knowledge of the real threat of retaliation. To achieve anonymity, however, we would first need have to an independent body as discussed earlier. At this point, the issue raised by neighbors in a Nov 2022 City Council meeting re "The fox guarding the henhouse" is real. HAND OUTS CITY COUNCIL MEETING DUNE 201 2023 CITY COUNCIL MEETING JUNE 20, 2023 - HANDOUT BY STAFF BUSINESS SESSION ITEM NO. 1 - SUPPLEMENTAL STAFF REPORT AFTER BID TOOK PLACE ON JUNE 19, 2023 City of La Quinta CITY COUNCIL MEETIN( STAFF REPORT June 20, 2023 BUSINESS SESSION ITEM NO. 1 SUPPLEMENTAL STAFF REPORT AGENDA TITLE: APPROPRIATE ADDITIONAL FUNDING IN THE AMOUNT OF $700,000; AND AWARD A CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR THE AVENUE 50 AND AVENUE 52 PAVEMENT REHABILITATION IMPROVEMENTS PROJECT NOS. 2022-01 & 2022-14, LOCATED ALONG AVENUE 50 AND AVENUE 52 IN VARIOUS LOCATIONS RECOMMENDATION Appropriate additional funding in the amount of $700,000; award a contract to Granite Construction Company to construct the Avenue 50 and Avenue 52 Pavement Rehabilitation Project Nos. 2022-01 and 2022-14 at various locations; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount. XECUTIVE SUMMARY • This is a supplemental council report. • Granite Construction Company of Indio, California, submitted the lowest responsive bid at $2,467,520. The amount includes three additive alternates for adjusting Coachella Valley Water District (CVWD) utilities and rehabilitating the pavement on Avenue 52 from Madison Street to Monroe Street. FISCAL IMPACT The project is in the fiscal year (FY) 2021/2022 and FY 2022/23 Capital Improvement Program (CIP) and has General Funds assigned in the amount of $497,520, from the 2223 PMP project account; and Measure A Funding in the amount of $1,600,000 from the combination of 2022-01 and 2022-14. Staff recommends appropriating an additional $700,000 from the General Fund to repair the pavement on Avenue 52 from Madison Street to Monroe Street. The following is the recommended overall project budget, including the proposed additive alternates.* Recommended Budget Design/Professional: $ 70,000 Inspection/Testing/Survey: $ 100,000 Construction: $ 2,467,520 Contingency: $ 160,000 Total Budget: $ 2,797,520 SUPPLEMENTAL STAFF REPORT - 635-S CITY COUNCIL MEETING JUNE 20, 2023 - HANDOUT BY STAFF BUSINESS SESSION ITEM NO. 1 - SUPPLEMENTAL STAFF REPORT AFTER BID TOOK PLACE ON JUNE 19, 2023 *Note: CVWD will reimburse the City $59,360 for utility adjustments represented by additive alternates one (1) and two (2). BACKGROUND/ANALYSIS Staff combined the pavement rehabilitation projects proposed on Avenue 50 and Avenue 52 to increase the square footage of asphalt concrete to reduce the impact of material costs through economies of scale. Staff also anticipated that the mobilization costs would be reduced in comparison to the three projects being constructed at different times. Bids came in higher than the original estimate. Unit costs were evaluated and are considered to be higher due to the general market trend on slight increases across all bid item work and materials. Striping was the largest increase with striping materials increasing significantly. Staff recommends awarding the additive alternate for Avenue 52 pavement rehabilitation limits from Madison Street to Monroe Street at this time to reduce the chance of additional price increases and to take advantage of the reduced additional mobilization cost provided. On May 16, 2023, City Council authorized staff to advertise the project for construction bids. The City received four (4) bids on June 19, 2023 (Attachment 1). The following is the proposed project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (40 Working Days) Accept Improvements ALTERNATIVES June 20, 2023 June 21 to July 30, 2023 August/October 2023 October 2023 Council may elect to not award Avenue 52 pavement rehabilitation limits from Madison Street to Monroe Street at this time. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/ City Engineer Attachment: 1. Bid Comparison Summary SUPPLEMENTAL STAFF REPORT - 636-S CITY COUNCIL MEETING JUNE 20, 2023 - HANDOUT BY STAFF BUSINESS SESSION ITEM NO. 1 - SUPPLEMENTAL STAFF REPORT AFTER BID TOOK PLACE ON JUNE 19, 2023 Bid Opening Date: 06/19/2023 Avenue 50 Avenue 52 Pavement Rehabilitation City Project No. 2022-01 and 2022-14 Attachment 1 - Bid Comparison Engineer's Estimate - Base Bid Avenue 50 (Eisenhower to Washington) and Avenue 52 (Desert Club to Granite Construction Company Matich Corporation ATP General Engineering Contrators Hardy & Harper, Inc. SilverRockfralus) Rehabilitation Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Pdce Total Cost 1 Mobilization LS 1 $ 45,000.00 $ 45,000.00 $ 41,547.00 $ 41,547.00 $ 190,000.00 $ 190,000.00 $ 200,000.00 $ 200,000.00 $ 200,270.00 $ 200,270.00 2 Traffic Control LS 1 $ 40,000.00 $ 40,000.00 $ 77'000.00 $ 77,000.00 $ 97,000.00 $ 97,000.00 $ 164,500.00 $ 164,500.00 $ 325,000.00 $ 325,000.00 3 Dust Control LS 1 $ 4,500.00 $ 4,506.00 $ 3,500.00 $ 3,500.00 $ 5,400.00 $ 5,400.00 $ 50,000.00 $ 50,000.00 $ 28,000100 $ 28,000.00 4 2" Grind and Overlay SF 460,340 $ 1.50 $ 690,510.00 $ 1.85 $ 851,629.00 $ 1.58 $ 727,337.20 $ 1.55 $ 713,527.00 $ 1.70 $ 782,578.00 5 Earthwork LS 1 $ 60,000.00 $ 60,000.00 $ 75,000.00 $ 75,000.00 $ 180,000.00 $ 180,000.00 $ 45,000.00 $ 45,000.00 $ 50,000.00 $ 50,000.00 6 Pulverize 9" of Red Section - Three Step SF 154,680 $ 0.80 $ 123,744.00 $ 0.45 $ 69,606.00 $ 0.42 $ 64,965.60 $ 1.80 $ 278,424.00 $ 2.75 $ 425,370.00 Process 7 Construct 5" Asphalt Concrete Over SF 154,680 $ 3.25 $ 502,710.00 $ 3.25 $ 502,710.00 $ 2.94 $ 454,759.20 $ 3.00 $ 464,040.00 $ 3.40 $ 525,912.00 Pulverized Base Remove and Construct 4.5" AC over 6" AB, 8 over 12" scarified and compacted subgrade SF 1,895 $ 15.00 $ 28,425.00 $ 13.00 $ 24,635.00 $ 9.50 $ 18,002.50 $ 15.00 $ 28,425.00 $ 16.00 $ 30,320.00 CLQ STD. 195 Er cut, Remove, and Dispose of Existing 9 Concrete Curb Ramp, Includes Curb and SF 1,405 $ 8.00 $ 11,240.00 $ 10.00 $ 14,050.00 $ 9.50 $ 13,347.50 $ 9.00 $ 12,645.00 $ 10.00 $ 14,050.00 Gutter (Limits 5' beyond BCR to 5' beyond ECR Construct Concrete Curb Ramp per City of La 10 Quints Std. No. 250, Case A, including 5' of EA 2 $ 14,000.00 $ 28,000.00 $ 12,000.00 $ 24,000.00 $ 7,400.00 $ 14,800.00 $ 7,000.00 $ 14,000.00 $ 15,000.00 $ 30,000.00 sidewalk beyond BCR to ECR 11 Lower and Raise Drainage Manhole to Grade EA 5 $ 1,000.00 $ 5,000.00 $ 2,260.00 $ 11,300.00 $ 2,500.00 $ 12,500.00 $ 1,450.00 $ 7,250.00 $ 2,800.00 $ 14,000.00 Grade Parkway, Remove, Modify, and 12 Replace Landscape and Irrigation in Kind to LS 1 $ 7,000.00 $ 7,000.00 $ 6,000.00 $ 6,000.00 $ 10,600.00 $ 10,600.00 $ 8,000.00 $ 8,000.00 $ 5,000.00 $ 5,000.00 Furthest Extent Possible to Join proposed Curb Ramp 13 Salvage to City Existing Pull box and Furnish EA 5 $ 1,100.00 $ 5,500.00 $ 1,000.00 $ 5,000.00 $ 1,060.00 $ 5,300.00 $ 1,000.00 $ 5,000.00 $ 1,500.00 $ 7,500.00 and Install new No. 6 Pull Box 14 Signing and Striping Including All Incidentals LS 1 $ 50,000.00 $ 50,000.00 $ 66,840.00 $ 66,840.00 $ 139,000.00 $ 139,000.00 $ 67,000.00 $ 67,000.00 $ 175,000.00 $ 175,000.00 Sub -Total Base Bid: $ 1,601,629.00 $ 1,772,817.00 $ 1,933,012.00 $ 2,057,811.00 $ 2,613,000.00 Item Item Description I Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Sewer Manhole per CVWD Standards EA 4 $ 1,100.00 $ 4,400.00 $ 660.00 $ 2,640.00 $ 1,540.00 $ 6,160.00 $ 1,450.00 $ 5,800.00 $ 1,500.00 $ 6,000.00 2 Raise Sewer Manhole per CVWD Standards EA 4 $ 1,400.00 $ 5,600.00 $ 1,600.00 $ 6,400.00 $ 1,780.00 $ 7,120.00 $ 1,675.00 $ 6,700.00 $ 1,750.00 $ 7,000.00 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Water Valve er CVWD Standards EA 37 $ 1,000.00 $ 37,000.00 $ 360.00 $ 13.320.00 $ 450.00 $ 16,650.00 $ 250.00 $ 9,250.00 $ 1,000.00 $ 37,000.00 2 Raise Water Valve per CVWD Standards EA 37 $ 1,200.00 $ 44,400.00 $ 1,000.00 $ 37,000.00 $ 1,520.00 $ 56,240.00 $ 1,150.00 $ 42,550.00 $ 1,000.00 $ 37,000.00 liuv,ozv.vv1 li v1 li u1 I ul Item Item Description Unit Quantity Unit Pdce Total Cost Unit Price Total Cost Unit Pdce Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 $ 10,000.00 $ 10,000.00 $ 1,000.00 $ 1,000.00 $ 53,000.20 $ 53,000.20 $ 35,000.00 $ 35,000.00 $ 20,316.50 $ 20,316.50 2 Traffic Control LS 1 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 45,000.00 $ 45,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 3 Dust Control LS 1 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 1,500.00 $ 1,500.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 4a. 2" Grind and Overlay SF 87,600 $ 1.50 $ 131,400.00 $ 1.85 $ 162,060.00 $ 1.62 $ 141,912.00 $ 1.55 $ 135,780.00 $ 1.70 $ 148,920.00 4b. Earthwork LS 1 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 98,000.00 $ 98,000.00 $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 5 Pulverize 9" of Road Section -Three Step SF 97,190 $ 0.80 $ 77,752.00 $ 0.45 $ 43,735.50 $ 0.45 $ 43,735.50 $ 1.80 $ 174,942.00 $ 2.75 $ 267,272.50 Process 6 Construct 5" Asphalt Concrete Over SF 97,190 $ 3.00 $ 291,570.00 $ 3.25 $ 315,867.50 $ 2.97 $ 288,654.30 $ 3.00 $ 291,570.00 $ 3.40 $ 330,446.00 Pulverized Base Sawcut, Remove, and Dispose of Existing 7 Concrete Curb Ramp, Includes Curb and SF 600 $ 8.00 $ 4,800.00 $ 10.00 $ 6,000.00 $ 9.50 $ 5,700.00 $ 9.00 $ 5,400.00 $ 10.00 $ 6,000.00 Gutter (Limits 5' beyond BCR to 5' beyond ECR Construct Concrete Curb Ramp per City of La 8 Quints Std. No. 250, Case A, including 5' of EA 1 $ 14,000.00 $ 14,000.00 $ 12,000.00 $ 12,000.00 $ 7,400.00 $ 7,400.00 $ 7,000.00 $ 7,000.00 $ 15,000.00 $ 15,000.00 sidewalk be and the BCR to ECR Grade Parkway, Remove, Modify, and 9 Replace Landscape and Irrigation in Kind to LS 1 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 7,200.00 $ 7,200.00 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 Furthest Extend Possible to Join proposed Curb Ram 10 Signing and Striping Including All Incidentals I LS I 1 I $ 30,000.00 $ 30,000.00 $ 74,680.00 $ 1 $ 51,000.00 $ 1 $ 75,000.00 $ 1 $ 30,000.00 $ 30,000.00 I .. I Y oa r,u«.uv I I Y o30,343.VU I Grand Total Base Bid Including Additive Alternates No. 1 , 2 & 3: $ 2,290,051.00 $ 2,467,520.00 Additive Alternates No. 1 , 2, & 3: $ 688,422.00 $ 694,703.00 Base Bid Only $ 1,601,629.00 $ 1,772,817.00 Miscalculations and rounding errors Li rw3,w�.uv I I Y rw,cn�.vu I 1 4 aoe,aoo.vu I $ 2,762,284.00 $ 2,896,803.00 $ 3,569,955.00 $ 829,272.00 $ 838,992.00 $ 956,955.00 $ 1,933,012.00 $ 2,057,811.00 $ 2,613,000.00 SUPPLEMENTAL STAFF REPORT - 637-S 1of1 CITY COUNCIL MEETING JUNE 20, 2023 - HANDOUT BY CITY STAFF BUSINESS SESSION ITEM NO. 5 - REVISED NUMBERS DUE TO FORMULA ERROR CITY OF LA QUINTA RESOLUTION NO. 2023-XXX EXHIBIT B FY 2023/24 ADOPTED BUDGET LOAN PAYMENT TO GENERAL FUND FROM OPERATING ESTIMATED COMMITTED ESTIMATED AT SUCCESSOR SURPLUS ESTIMATED AT FUND BALANCE 6-30-2023 AGENCY /(SHORTFALL) 6-30-2024 NATURAL DISASTER $ 15,000,000 $ 15,000,000 ECONOMIC DISASTER $ 13,000,000 $ 130,000,000 CASH FLOW $ 5,000,000 $ 5,000,000 CAPITAL REPLACEMENT $ 10,000,000 $ 101,000,000 UNAPPROPRIATED $ 14,500,000 is 2,749,661 1 $ 1,649,350 1 $ 18,899,011 TOTAL COMMITTED RESERVES $ 57,500,000 $ 2,749,661 $ 1,649,350 $ 59,899,011 SUMMARY RESERVES 6/30/23 $ 59 5-7,500,000 NET CHANGE $ 4,399,011 RESERVES 6/30/24 $ 63 -64,899,011 Net change, $4,399,011 CALCULATION FOR FORMER REDEVELOPMENT AGENCY LOAN REPAYMENT FY 2023/24 Approved Repayment Fund Total Repayment Distribution % Distribution $ General Fund $ 3,437,076 x 80% = 2,749,661 Housing Fund $ 3,437,076 x 20% = 687,415 $ 3,437,076 ESTIMATED ASSIGNED FUND BALANCE ESTIMATED AT 6-30-2023 ADDITIONS DELETIONS ESTIMATED AT 6-30-2024 SALES TAX (MEASURE G) $ 15,125,000 $ 4,000,000 $ - $ 19,125,000 PUBLIC SAFETY FIRE SERVICE TRUST $ 11,500,000 $ - $ - $ 11,500,000 CARRYOVERS AND CAPITAL PROJECTS (GENERAL FUND ONLY) $ 18,950,000 $ - $ - $ 18,950,000 PENSION TRUST FUND $ 5,200,000 $ 25,000 $ - $ 5,225,000 OTHER POST EMPLOYMENT BENEFITS TRUST FUND $ 1,800,000 $ 50,000 $ - $ 1,850,000 TOTAL ASSIGNED RESERVES $ 52,575,000 $ 4,075,000 $ - $ 56,650,000 CITY COUNCIL MEETING JUNE 20, 2023 - HANDOUT BY CITY STAFF BUSINESS SESSION ITEM NO. 5 - REVISED NUMBERS DUE TO FORMULA ERROR ENTERPRISE FUNDS SilverRock Golf Resort operates under two funds, an operating fund and a capital replacement reserve fund. The SilverRock Golf Resort Fund annual management plan is being presented to City Council on the same night as this report. Readers are encouraged to read the full annual plan for details on revenues and expenditures. Highlights include impacts from ongoing construction and clubhouse closure and a golf course management fee increase of five percent (5%). It is anticipated that SilverRock operations and the budget will require continuous monitoring and adjustments during the 2023/24 fiscal year as ongoing hotel/commercial construction will affect operations. 2023/24 APPROPRIATIONS LIMIT CALCULATION Annually, the City is required to prepare an Appropriations Limit Calculation (Gann Limit) in accordance with Article XIIIB of the State Constitution. The Gann initiative limits the growth in governments spending to changes in population and inflation. The Gann Limit for 2023/24 is $170,450,479. This means that the City must not spend revenues in excess of this limitation. City revenues subject to the Gann Limit are $75,918,000; therefore, the City is significantly below the limit by a margin of $94,532,479 (Exhibit E). 2023/24 PERSONNEL SCHEDULE Exhibit F summarizes the citywide personnel schedule for 2023/24 and includes 100 full- time and 7.76 part-time positions. 2023/24 BUDGET RESOLUTION The list of estimated continuing appropriations/carryovers (Exhibit A to the Budget Resolution) reflects City commitments to projects, services or purchases that were made in 2022/23 but will not be completed, fulfilled, or paid for by the end of the fiscal year. The continuing appropriations total is $5,724,192; of this amount $950,000 are General Fund carryovers, and $4,774,192 are Special Funds. These unexpended funds remain available, but Council approval is needed to re -appropriate them for use in 2023/24 (since all appropriations lapse at the end of the fiscal year). Capital project and grant carryovers are not included as they are part of the year-end auditing process and will be included in the 2022/23 year-end budget report. Exhibit B to the Budget Resolution depicts total General Fund reserves currently estimated to end 2022/23 at $597,500,000 with a projected increase of $4,399,011 to $63-519,899,011 during fiscal year 2023/24. Project fund balances for Measure G sales tax, public safety fund, fire services trust fund, carryovers/capital projects, pension and other employee benefit trusts are also provided. The City's ability to pivot during challenging times, the dedication of our City staff, Executive team, and leadership of the City Council will help us fund vital services for our community. The City is committed to adopting a structurally balanced budget, any changes based on discussions during this meeting will be incorporated in the final adopted budget. W CITY COUNCIL MEETING JUNE 20, 2023 - HANDOUT BY FINANCIAL ADVISORY COMMISSION MEMBERS SHELLEY MAST & ELLEN WAY BUSINESS SESSION ITEM NO. 5 - BUDGET SUBCOMMITTEE REPORT TO THE CITY COUNCIL CITY OF LA QUINTA FINANCIAL ADVISORY COMMISSION BUDGET SUBCOMMITTEE REPORT TO THE CITY COUNCIL COMPLETION DATE: JUNE 13, 2023 SUBCOMMITTEE MEMBERS: SHELLEY MAST AND ELLEN WAY The City of La Quinta's Financial Advisory Commission Budget Subcommittee (Subcommittee) was formed to provide the Commission with detailed insight into the 2023/2024 Budget Proposal prepared by the City of La Quinta Finance Department under the leadership of Finance Director, Claudia Martinez. The Subcommittee understood its directive was to meet with Finance Department Staff to obtain a thorough understanding of the assumptions utilized in the budget development process. The Subcommittee accomplished this by meeting with Claudia Martinez on two separate occasions and having agenda item discussions at two meetings of the Commission. The Subcommittee meetings focused on revenue projections, expense reductions and increases, Internal Service Fund allocations, payroll projections and variances, and Measure G Fund allocations. There was a consensus that short term revenue projections should be conservative as recommended by outside and independent forecasts, and that short term expenses should be reduced to the extent possible without jeopardizing the level of service to the community. The City of La Quinta is fortunate to have a budget surplus in this fiscal year. The cost of police and fire, 40% of the expense budget, is the largest expense, but necessary for the safety and protection of our community. At its June 7, 2023 Meeting, the Commission voted unanimously to approve the allocation of Measure G Funds for the Proposed FY 2023/24 Budget, excluding $2.4 million for the Avenue 48 Art and Music Line and $1.2 million for the Washington Street Connector to the Art and Music Line. The Commission and Subcommittee recommend Capital Improvement Projects focus on road maintenance and safety, parks and recreation improvements, plan development for the city's electrical infrastructure, and improvements to the Highway 111 business corridor. The Financial Advisory Commission appreciates being part of the ongoing process of budget development as its members bring a diverse community perspective to the discussion. The Commission is confident in the City's fiduciary management as demonstrated by the knowledge and expertise of both Claudia Martinez and Rosemary Hallick. Thank you for giving us the opportunity to participate in this process. Accordingly, the Subcommittee has concluded its work on the Fiscal Year 2023/2024 Proposed Budget. CITY COUNCIL MEETING JUNE 20, 2023 - HAND-OUT BY RUBEN PEREZ, FIELD REPRESENTATIVE FOR ASSEMBLYMEMBER GARCIA MATTERS NOT ON THE AGENDA - UPDATE AND INFORMATION ON 36TH ASSEMBLY DISTRICT ASSEMBLYMEMBER EDUARDO GARCIA Assemblymember Eduardo Garcia, 36" Assembly District ? x1a AB 1567 — The Climate and Resources Bond Updated 6/9/23 BACKGROUND According to the Safeguarding California Plan: 2018 Update, temperatures in California have increased 1.8° F on average over the past century. This increase is altering historic climate patterns and resulting in increased frequency and severity of climate events. In 2020 alone, California experienced its worst wildfire season on record with 4.2 million acres burned, and its second hottest year on record. Just a few years before this, California marked its wettest year on record in 2017-18, which had followed its worst drought on record from 2012-16. Californians understand that "California is already experiencing climate change and its effects will increase over the coming decades."' Released in 2018, California's Fourth Climate Change Assessment found conclusively that temperatures are warming, sea level is rising, snowpack is declining, and that the intensity of heavy precipitation events, frequency of drought, and acres burned by wildfire are all increasing. One or more of these impacts touches every community in California. Disadvantaged communities are particularly vulnerable to these challenges as the report Facing the Climate Gap notes: "Those who are least able to anticipate, cope with, resist, and recover from the worst consequences will be the first to face the brunt of climate change hazards." In addition, California is a global biodiversity hotspot and its ecosystems are increasingly stressed by the changing climate. Loss of habitat, a shift in timing of seasons, and changes in water regimes are all placing numerous aquatic and terrestrial species at risk. ISSUE The economic cost of the impacts of climate change are enormous. The Fourth Assessment estimates that by mid-century these costs will exceed $100 billion annually (p. 42). This includes an estimated $50 billion/year (absent mitigation measures) due to human mortality resulting from increased temperatures, $42 billion/year due to "mega -floods" that would affect all sectors of the economy, $18 billion/year to replace buildings inundated during flood events, and more than $3 billion/year due to impacts on water supply and agriculture from a prolonged drought. The Fourth Assessment does not attempt to quantify the cost of increased wildfire (though one estimate puts the total cost of the 2018 fire season at nearly $150 billion2) or the loss of biodiversity (some would argue it is priceless). All Californians are threatened by climate change; therefore, California needs a comprehensive investment strategy to prepare for and adapt to climate change's impacts on the state's public health, agriculture, disadvantaged and coastal communities, forests, economy, infrastructure, and waterways. BILL SUMMARY This bill will invest $15.995 billion in proven strategies to respond to the range of impacts of climate change. If approved by voters, the proceeds of bonds sold and issued under this act shall be allocated as follows: • $2.275 billion for wildfire risk reduction; • $1.655 billion for protection of coasts, bays, and oceans from sea -level rise and other climate risks; ■ $5.255 billion for safe drinking water, drought preparation, and flood protection; • $1.5 billion to help fish and wildlife adapt to climate change; Y $520 million to protect farms, ranches, and working lands from climate risks; • $1.49 billion to protect Californians from extreme heat events; • $1.3 billion to prepare California's regions to respond to climate -driven extreme events and disasters; and, • 2 billion for clean energy projects. 1 California's Fourth Climate Change Assessment (2018), p. 19, 2 Wang, D., Guan, D.. Zhu, S. et al. Economic footprint of California wildfires in 2018..,Vat Sustain (2020). https:Hdoi.org/l 0.1 038/s4 1893-020-00646-7. CITY COUNCIL MEETING JUNE 20, 2023 - HAND-OUT BY RUBEN PEREZ, FIELD REPRESENTATIVE FOR ASSEMBLYMEMBER GARCIA MATTERS NOT ON THE AGENDA - UPDATE AND INFORMATION ON 36TH ASSEMBLY DISTRICT ASSEMBLYMEMBER EDUARDO GARCIA By making a significant investment now, California can avoid the most severe impacts of climate change while creating new jobs and developing new workforce opportunities. Furthermore, this act will seize the opportunity of investment in adapting to climate change to correct historic inequities by prioritizing disadvantaged and vulnerable communities for action. For More Information: Jesus Gonzalez I Legislative Aide Office of Assemblymember Eduardo Garcia 1esus.GonzalezL@asrn.ca.gov 1 (916) 319-2036 CITY COUNCIL MEETING JUNE 20, 2023 - HAND-OUT BY RUBEN PEREZ, FIELD REPRESENTATIVE FOR ASSEMBLYMEMBER GARCIA MATTERS NOT ON THE AGENDA - UPDATE AND INFORMATION ON 36TH ASSEMBLY DISTRICT ASSEMBLYMEMBER EDUARDO GARCIA A S S E M B L Y M E M B E R Eduardo Garcia ASSEMBLY DISTRICT 36 2023 BILL PACKAGE CLIMATE CHANGE AND THE ENVIRONMENT AB 573- Out of State Compost: This bill allows certain jurisdictions to access out of state composing facilities in order to reach organic waste procurement targets. AB 849- Amendments to AB 617 (Community Health Protection Program): This bill would require that relevant state agencies be consulted along with California Air Resources Board and the local air districts when it comes to adopting a community emissions reduction program. AB 1373- DWR establishes a central procurement entity for the procurement of geothermal: This bill contains policy proposals from the Governor's Energy Trailer Bill including the establishment of a central procurement entity at Department of Water Resources AB 1533-CA Energy Commission, CA Public Utilities Commission, GO - Biz & CA Independent Systems Operator to coordinate the permission and construction of new transmission lines: Committee Omnibus measure that contains various code clean-up measures of the Public Utilities Code. AB 1567- Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation and Workforce Development Bond Act of 2023: This bill establishes a 15 Billion Dollar bond to combat climate change for voter approval. AB 1594- Advanced Clean Fleets: This bill would allow Public Owned Utility Agencies to acquire specialty emergency vehicles that are not electric in case of a natural disaster. ENERGY AB 1569- Office of Lithium: This bill would establish the Lithium Valley Office of Development and would require the office, in consultation with relevant state agencies, to coordinate initiatives and timelines related to the Salton Sea Geothermal Area. EDUCATION AB 1340- Special Education Data: This bill empowers the California Department of Education to publicly report on an annual basis on its website the performance of pupils with disabilities. AB 1479- Counselors in schools: This bill would require the California Department of Education to publish a streamlined application process in order to provide an allocation of money for local education agencies that are currently providing or want to provide mental health services. TRIBAL POLICY AB 1139- Tribal Sales Tax: This bill would uphold tribal sovereignty and protect reservation economies by addressing and closing a loophole in the Tribal Court Civil Money Judgment Act. Enforced by the CA State Court system. VETERANS AB 569- Veterans: Cybersecurity Apprenticeship Program: This bil requires the office of the Chancellor to report to the legislature a comprehensive report on Cyber Security Regional Alliances pilot program. CITY COUNCIL MEETING JUNE 20, 2023 - HAND-OUT BY RUBEN PEREZ, FIELD REPRESENTATIVE FOR ASSEMBLYMEMBER GARCIA MATTERS NOT ON THE AGENDA - UPDATE AND INFORMATION ON 36TH ASSEMBLY DISTRICT ASSEMBLYMEMBER EDUARDO GARCIA HOUSING AB 371- Housing programs: tribal housing program: This bill will establish the California Tribal Housing Grant Program within the Department of Housing and Community Development. AB 1439- Farmworker Housing Legislation: This bill will automatically give farmworker projects the same 5 points that high opportunity sites receive which will solve for general bias against rural communities. This bill will also give these projects 10 amenity points, this will allow for projects to better compete for the tax credits. AB 1630- Increasing Off -Campus Student Housing: This bill would grant ministerial approval and modify building requirements for affordable off campus student housing within 1000 ft. of public university campuses, provided they meet certain development standards. 2 Year Bill. TRIBAL POLICY AB 1139- Tribal Sales Tax: This bill would uphold tribal sovere gnty and protect reservation economies by addressing and closing a loophole in the Tribal Court Civil Money Judgment Act. Enforced by the CA State Court system. TRANSPORTATION AB 1385- Local transportation funds: transit operators: This bill allows RCTC, through voter approval, to increase a sale and use tax for transportation purposes. AGRICULTURE AB 865- CA Grown: This bill would create a self -attestation form for a grower or producer to verify that a listed agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws. 2 Year Bill. PUBLIC SAFETY AB 1403- Public safety: fireworks: enforcement: funding. This bill would establish the State Fire Marshal Statewide Illegal Fireworks Enforcement Action Fund in the CA State Treasury and would require all moneys transferred into the fund to be used by the State Fire Marshall to assist in enforcement of statewide and local programs concerning illegal fireworks. HEALTHCARE AB 918- Imperial Valley Healthcare District: This bill would consolidate the healthcare districts in Imperial County by creating a new one. AB 1395-Licensed physician and dentists from Mexico Pilot Program: requirements: This bill would allow doctors who are coming from Mexico to get their medical license without an ITIN number and social security number in order to obtain their Visa applications. ECONOMIC DEVELOPMENT AB 1562- Southeast California Desert Economic Zone: This bill would create a regional economic zone that shall be recognized by federal, state, and local governments, and eligible to compete for funding and investments. Establishes the Southeast California Desert Valleys Economic Zone to include: Imperial County, Eastern Coachella, and Palo Verde Valleys. 2 Year Bill. AB 1593-Creates the Equitable Access Program within the CA Workforce Development Board: This bill establishes a framework and a pipeline for potential community benefits and pre -apprenticeship programs for the emerging Lithium Valley Industry to ensure locals get these opportunities. CITY COUNCIL MEETING JUNE 20, 2023 - HAND-OUT BY PROJECT MANAGER KYLE GRASSO WITH ARCHITECTURE FIRM iELEMENTS, INC. PUBLIC HEARING ITEM NO. 3 - STREET VACATION - PROPOSED RENDERINGS 1° PROPOSED VACATION AREA ` LCT 2 LOT 1 ` 51343 ' AVENIDA h CARRANZA ` �1 EXISTING —CATCH � R f "a'j EASI N I � -12' .� EXIS ING cure (_ AVENIDA CARRAN A I VACATION PREV104JSLY APPROVED YER DOG# 202OT-02358'22 i I LOT 21 I LOT 22 I LOT 23 1 LOT 24 H IS NELSON & ASSOCIATES, INC. SURVEYORS AND ENGINEERS 28118 ADXRA RD_ SiE. 104 AGQURA HILLS, CA 913Or 01/24f P= WBj 991-1040 __ (818) 991-0614 tq&Y'.a 0 $4Pate . VAC 0.TPDN EXHI BIT 40' 0' 20' 40' STREET VACATION EXHIBIT 51,343 AVENIDA C RRANL4 CITY OF LA WlAlrA COUNTY OF L O_5 A NGEL FS PROPOSED VACATION AREA VACATION PREVIOUSLY APPROVED 2021 PER DOC # 2020-0235892 N — EXISTING PAVED STREETICURBIGUTTER TO REMAIN UNCHANGED EXISTING FENCE PLACEMENT TO REMAIN EXISTING PAVED STREET/CURI3IGUTTER TO REMAIN UNCHANGED sT r.m R A EXISTING FENCE PLACEMENT TO REMAIN U]fffLiKA "umlQ s eTkw h7} fLEI►L7S UJ AOi4SAESFAiY� UN Xlzmn S&W 1wd $ 41 0-owwk Galgim w44midab R ka ww mmb i t {alp m om z 0 F- L) LLI J CUM LINDA SIMON SAW Ay��^FRRi'L'F.J WrT�u o:�u PRAY 4 rim: Fta•MR7AL 6h1i I ylyyljf IyNIy,Q�i — aMmp ':�P4��o'�tsFc� o-ww w. aann. ue+,1� MMI Are billm,5 imLtarz 51343 AVENIDA CARRANZA, LA QUANTA, CA 92253 CITY COUNCIL MEETING JUNE 20, 2023 - HAND-OUT BY PROJECT MANAGER KYLE GRASSO WITH ARCHITECTURE FIRM iELEMENTS, INC. PUBLIC HEARING ITEM NO. 3 - STREET VACATION - PROPOSED RENDERINGS In V T CtiY6RAQE CALC. • PW!;PT — 9f8•L"3 1'-6' LOT. I ).&H eF w VAcwiloriq M" COYE"M - 4.05 9F Un EDWRAUE •4WA *w . a-po r OT CdrENGE mrpbfff VACXPOw • 3d% k.L0- RODE 16. g1, LEVEt 1 I•w SECTION - CONCEPT We, a T-or VACATED LOT ADDITIM +f- 1,742 SF (E) PARKWAY (NC CHANGE OUTLINE OF PROPOSE[ 1 STORY SFF p(E) LO- V r74fgSI (E) 'I STORY SFF c' POT Pt N a' 1A Ta' T.O. ROQF 131- 9' PROPOSED POOL & SPA � E j PARKWAY (NO CHANGE) (E) CURB CUT DASHED a� w� PROPOSED CURB CUT CONCEPTUAL oln�wnrdAlo�oyrxrA�+ riel"rE ALL *am REs-.pvw 273r?itVora! SiLdia 21 Sam Nw m, CA VIM w: 111YTHno I% #: mWialemnMi 1.12101 u10366 0 LLI CL CL �- 0 ICL a. rklrh7 LINDA SIMON hwA0pM0 %YM%lA UUMA STAL GATE 8� BTAW N 0 0 M rww He Af4f q� tl wn �.� At•.� 4I11Lrty111h aw-wn r 1343 AVENIDA CA RANZA, LA QUANTA, CA 92253 CITY COUNCIL MEETING JUNE 20, 2023 - HAND-OUT BY PROJECT MANAGER KYLE GRASSO WITH ARCHITECTURE FIRM iELEMENTS, INC. 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