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2024 01 16 CouncilQa�fra ta GEM of the DESERT — City Council agendas and staff reports are available on the City's web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, JANUARY 16, 2024 3:00 P.M. CLOSED SESSION 14:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning -in live via http://laguinta.12milesout.com/video/live. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans 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 at the end of the agenda. 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)]. CONFIRMATION OF AGENDA CLOSED SESSION 1. SEMI-ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER 2. SEMI-ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY ATTORNEY 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) CITY COUNCIL AGENDA Page 1 of 8 JANUARY 16, 2024 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 at the end of the agenda. 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 AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER - AWARDED THE 2023 PROJECT OF THE YEAR B.E.S.T. (BUILDING EXCELLENCE, SHAPING TOMORROW) AWARD TO THE CITY OF LA QUINTA FOR THE JEFFERSON STREET AT AVENUE 53 ROUNDABOUT AND ROAD DIET PROJECT 2. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER - AWARDED THE 2023 TOP LEADER OF THE YEAR AWARD TO MANAGEMENT ANALYST JULIE MIGNOGNA IN THE PUBLIC WORKS DEPARTMENT 3. CHUCKWALLA NATIONAL MONUMENT - DESIGNATION UPDATE BY RESIDENT KATIE BARROWS, VOLUNTEER WITH THE PROTECT CALIFORNIA DESERTS COALITION 4. PALM SPRINGS AIR MUSEUM - PRESENTATION ON THE "EDUCATION, TAKING THE NEXT STEP" PROGRAM BY VICE CHAIRMAN FRED BELL CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVE CITY COUNCIL MEETING MINUTES OF DECEMBER 19, 2023 2. ACCEPT CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2021-08 LOCATED AT VARIOUS LOCATIONS 3. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-07 PAGE CITY COUNCIL AGENDA Page 2 of 8 JANUARY 16, 2024 4. APPROVE AMENDMENT NO. 3 TO REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR AVENUE 48 ARTS AND MUSIC LINE PROJECT NO. 2020-08 5. APPROVE RESIDENCY REQUIREMENT REVISION TO VETERANS RECOGNITION PROGRAM CRITERIA 6. APPROVE PURCHASE OF ITERIS TRAFFIC SIGNAL VIDEO DETECTION EQUIPMENT FOR THE INTERSECTION AT DUNE PALMS ROAD AND DESERT CREST DRIVE 7. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VISUAL EDGE IT FOR PRINTER/COPIER PURCHASE AND MAINTENANCE SERVICES FOR FISCAL YEARS 2023/2024 THROUGH 2028/2029; AND APPROVE DISPOSAL OF SURPLUS EQUIPMENT 8. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH CARAHSOFT TECHNOLOGY CORP FOR THE PURCHASE AND IMPLEMENTATION OF OPENGOV ENTERPRISE ASSET MANAGEMENT SOFTWARE SYSTEM 9. AUTHORIZE SPENDING AUTHORITY FOR STAFF TO PURCHASE INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE THROUGH CDWG, CARAHSOFT, NEWEGG, AND DELL 10. EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JANUARY 91 201 2024, PLANNING COMMISSION MEETING 11. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND 209 TOURISM OUTREACH ACTIVATION IN SAN DIEGO, CALIFORNIA, FEBRUARY 16-18,2024 12. APPROVE DEMAND REGISTERS DATED DECEMBER 15, AND DECEMBER 22, 2023, AND JANUARY 5, 2024 13. APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED OCTOBER 6, NOVEMBER 10, AND DECEMBER 8, 2023 STUDY SESSION PAGE 1. DISCUSS COST -SHARE OPTIONS FOR ELECTRICAL SUBSTATION UPGRADES BUSINESS SESSION PAGE 1. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH: 1) PACIFIC PLAY SYSTEMS, INC FOR PLAYGROUND DESIGN, PROJECT NO. 2023-24; 2) SHADE STRUCTURES, INC, DBA USA SHADE & FABRIC STRUCTURES CITY COUNCIL AGENDA Page 3 of 8 JANUARY 16, 2024 INC, FOR SHADE STRUCTURE, PROJECT NO. 2023-25; AND 3) PLAYCORE WISCONSIN, INC, DBA GAMETIME, FOR PERIMETER FITNESS EQUIPMENT, PROJECT NO. 2023-26, FOR LA QUINTA PARK 2. ADOPT RESOLUTION TO APPROVE A POLICY FOR FORMATION OF LAND- 349 SECURED FINANCING DISTRICTS [RESOLUTION NO. 2024-001] 3. RECEIVE AND FILE FISCAL YEAR 2022/23 GENERAL FUND YEAR-END 365 BUDGET REPORT AND APPROVE THE AMENDED BUDGET CARRYOVERS 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. INTRODUCE FOR FIRST READING AN ORDINANCE TO APPROVE ZONING ORDINANCE AMENDMENT 2023-1001 TO MODIFY FLAGPOLE REGULATIONS REGARDING THE PLACEMENT OF FLAGPOLES FOR RESIDENTIAL ZONING DISTRICTS MANAGED BY HOMEOWNER ASSOCIATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION. LOCATION: CITY-WIDE [ORDINANCE NO. 609] 2. ADOPT RESOLUTION TO UPDATE THE CITY'S USER AND REGULATORY 423 MASTER FEE SCHEDULE BY ADDING A PERMIT FEE FOR LARGE LOT — QUALIFIED AND CERTIFIED [RESOLUTION NO. 2024-002] 3. ADOPT RESOLUTIONS TO: 1) APPROVE SPECIFIC PLAN AMENDMENT 431 2022-0003 (SP 1997-029, AMENDMENT 6) AND SITE DEVELOPMENT PERMIT 2022-0007 FOR A 125 -ROOM HAMPTON INN HOTEL, AND 2) ADOPT AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION (EA2017-0009) PURSUANT TO SECTION 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT NO SUBSTANTIAL CHANGES TO THE PROJECT ARE PROPOSED THAT RESULT IN NEW SIGNIFICANT ENVIRONMENTAL EFFECTS; LOCATION: SOUTHWEST CORNER OF LA QUINTA DRIVE AND AUTO CENTRE DRIVE [RESOLUTION NOS. 2024-003 AND 2024-004] CITY COUNCIL AGENDA Page 4 of 8 JANUARY 16, 2024 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY SERVICES 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC SAFETY 8. PUBLIC WORKS MAYOR'S AND COUNCIL MEMBERS' ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT - COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena) 13. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (McGarrey) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Pena & Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Pena) 17. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 18. 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) 25. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 26. FINANCIAL ADVISORY COMMISSION MEETING MINUTES OF NOVEMBER 8, 2023 27. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES OF DECEMBER 20, 2023 CITY COUNCIL AGENDA Page 5 of 8 JANUARY 16, 2024 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on February 6, 2024, 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 January 12, 2024. DATED: January 12, 2024 r 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 6 of 8 JANUARY 16, 2024 PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to CityClerkMail(a)_LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a "Request to Speak" form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a "Request to Speak" form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. Verbal public comments are defined as comments provided in the speakers' own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City's Internet Web site and any other Internet Web -based platform or other Web -based form of communication. All information in such writings and documents similarly CITY COUNCIL AGENDA Page 7 of 8 JANUARY 16, 2024 is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 549531, 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. *** 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 CityClerkMail(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 8 of 8 JANUARY 16, 2024 CALL TO ORDER CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, DECEMBER 19, 2023 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, and Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA Councilmember McGarrey said she serves on the Board of the Desert Valley Builders Association (DVBA) and does not receive any compensation; and the DVBA submitted a letter of support for the proposed La Villeta residential development under consideration as Public Hearing Item No. 1 on tonight's Agenda, which she was not aware of. Mayor Evans said the City contracts with the Greater Coachella Valley Chamber of Commerce (GCVCC); and the GCVCC submitted a letter of support for the proposed La Villeta residential development under consideration as Public Hearing Item No. 1 on tonight's Agenda. Mayor Evans said she would like to comment on Consent Calendar Item No. 6 regarding the last phase of the North La Quinta Landscape Renovation Improvements Project No. 2016-031. Council concurred. CLOSED SESSION 1. 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) 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) CITY COUNCIL MINUTES Page 1 of 10 DECEMBER 19, 2023 9 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:03 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:03 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 Fitzpatrick 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 and activities, including the upcoming La Quinta Car Show scheduled for February 24, 2024; a future edition of The Gem magazine will feature a story on the Silver Scorpions car club located in La Quinta; upcoming ribbon cutting event for the new Tool Rental Department at Home Depot scheduled for January 11, 2024; and a recap of the Chamber of Commerce Holiday Mixer held at Old Town Artisan Studio sponsored by Beer Hunter restaurant, which was very well attended. PUBLIC SPEAKER: Lynn Daniels, La Quinta — provided information regarding the Superior Court of California's issuance of a Criminal Protective Order for her against her neighbor Claudia Snyder. City Attorney Ihrke explain the effect of the Criminal Protective Order on certain speakers at future City Council meetings. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) — 2024 DRAFT TRAFFIC RELIEF PLAN (PLAN) UPDATE PRESENTATION BY DEPUTY EXECUTIVE DIRECTOR AARON HAKE Deputy Executive Director Hake noted RCTC is the regional transportation agency for Riverside County (County) responsible for executing a vast variety of any -mode of transportation improvements county -wide; provided a detailed overview of RCTC's progress on the Plan, a possible voter -approved 1% sales tax measure for the County, likely to be put on the November 2024 ballot, aimed to generate a revenue source, approximately $25 billion total, of which $5 billion would be allocated to the Coachella Valley (CV), to fund transportation projects to reduce traffic bottlenecks, maintain roads in good condition, improve safety, and help build a stronger and more sustainable economy by creating local jobs and increasing economic input through projects, as the transportation needs for the County far outweigh the available funding; said Coachella CITY COUNCIL MINUTES Page 2 of 10 DECEMBER 19, 2023 10 Valley Association of Governments (CVAG) provided input on the provisions for the CV included in the Plan; the Plan proposes for CVAG to be the entity to receive and distribute the funds for projects in the CV; enumerated transportation projects RCTC currently funds in the CV; said a public outreach survey conducted in Spring 2023 showed that 68% of voters polled in the CV would support a sales tax increase to fund the Plan; gave a summary of Measure A, a 30 -year half -cent sales tax increase in effect through 2039, approved by the County voters in 2009, currently funding transportation projects and its funding distribution structure; provided estimates on the economic impacts and regional investments the Plan would generate; explained RCTC's transparency and accountability to taxpayers; and encouraged the public to comment on the proposed Plan. Council discussed the Plan has been contemplated for many years and was stalled by COVID-19; difference in County -wide transportation priorities and voter support; ability to change the administrative authority of fund distributions under the Plan; sales tax increase cap; survey questions, methodology, and voter polling; and the required qualification process for a measure to be placed on a ballot should RCTC approve the Plan to move forward. CONSENT CALENDAR 1. APPROVE CITY COUNCIL MEETING MINUTES OF DECEMBER 5, 2023 2. ADOPT RESOLUTION DESIGNATING SPEED LIMIT FOR AVENUE 50 FROM EISENHOWER DRIVE TO WASHINGTON STREET [RESOLUTION NO. 2023-0431 3. ADOPT RESOLUTION AUTHORIZING STAFF TO EXECUTE AND FILE APPLICATIONS TO, AND AGREEMENTS AND ASSURANCES WITH THE CALIFORNIA GOVERNORS OFFICE OF EMERGENCY SERVICES TO OBTAIN FEDERAL FINANCIAL ASSISTANCE FOR ANY EXISTING OR FUTURE GRANT PROGRAM ON BEHALF OF LA QUINTA [RESOLUTION NO. 2023-044] 4. APPROVE AMENDMENT NO.5 TO HOST VENUE AGREEMENT WITH WORLD TRIATHLON CORPORATION TO HOST THE IRONMAN 70.3 INDIAN WELLS — LA QUINTA TRIATHLON FOR ONE ADDITIONAL YEAR I»�_14 1 111 N:7_T91 i 1161_1 q w_1 vil4 N Call\ ki1 ASPHALT FOR THE CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-15, LOCATED IN VARIOUS LOCATIONS 6. AWARD CONTRACT TO CONSERVE LANDCARE FOR LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-031, LOCATED AT THE CACTUS FLOWER DEVELOPMENT 7. ACCEPT AVENUE 50 AND AVENUE 52 PAVEMENT REHABILITATION IMPROVEMENTS PROJECT NOS. 2022-01 AND 2022-14, LOCATED ALONG AVENUE 50 AND AVENUE 52 IN VARIOUS LOCATIONS CITY COUNCIL MINUTES Page 3 of 10 DECEMBER 19, 2023 11 8. REJECT ALL BIDS FOR EISENHOWER BASIN SLOPE REPAIR PROJECT NO. 2023-22 9. APPROVE RECIPIENT FOR THE 2024 LA QUINTA SENIOR INSPIRATION AWARD 10. EXCUSE ABSENCE OF COMMISSIONER HERNANDEZ FROM THE DECEMBER 12, 2023, PLANNING COMMISSION MEETING 11. RECEIVE AND FILE FISCAL YEAR 2022/23 ART IN PUBLIC PLACES ANNUAL REPORT 12. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JUNE 30, 2023 13. RECEIVE AND FILE FIRST QUARTER FISCAL YEAR 2023/24 TREASURY REPORTS FOR JULY, AUGUST, AND SEPTEMBER 2023 14. APPROVE DEMAND REGISTERS DATED NOVEMBER 17, DECEMBER 1, AND DECEMBER 8, 2023 15. RECEIVE AND FILE FISCAL YEAR 2022/23 MEASURE G SALES TAX COMPLIANCE REPORT 16. RECEIVE AND FILE FISCAL YEAR 2022/23 DEVELOPMENT PROJECT FEE REPORT COMMENT ON CONSENT CALENDAR ITEM NO. 6 Mayor Evans said this was the City's 7th version of the final phase of the North La Quinta Landscape Renovation Improvements project funded largely by Measure G revenues, which the City was able to accelerate and complete in 7 years instead of the originally anticipated 10 -year timeline. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve the Consent Calendar as recommended, with Item Nos. 2 and 3 adopting Resolutions No. 2023-043 and 2023-044 respectively. Motion passed unanimously. WRITTEN PUBLIC COMMENTS were received, but were not announced during the meeting, on Consent Calendar Item No. 16 from the Desert Valley Builders Association (DVBA) stating the DVBA is satisfied that the City has met its annual reporting obligations pursuant to the La Quinta Municipal Code and the Mitigation Fee Act, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting. BUSINESS SESSION 1. APPOINT A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEMPORE FOR ONE YEAR CITY COUNCIL MINUTES Page 4 of 10 DECEMBER 19, 2023 12 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 appoint Councilmember Pena to serve as Mayor Pro Tempore for calendar year 2024. Motion passed unanimously. 2. APPOINT MEMBERS OF THE CITY COUNCIL TO SERVE ON VARIOUS OUTSIDE AGENCIES FOR 2024 Council waived presentation of the staff report, which is on file in the Clerk's Office. Council discussed maintaining their current outside agencies' appointments; keep Councilmember Sanchez' appointment on the California Joint Powers Insurance Authority Board; keep Councilmember Fitzpatrick's appointment on the Economic Development Committee; rotate the Mayor Pro Tem assignments to newly appointed Mayor Pro Tem Pena from former Mayor Pro Tem Sanchez; Mayor Pro Tem Pena no longer serves on the League of California Cities — Public Safety Policy Committee, however, Councilmember Sanchez was re -appointed on it; Councilmember McGarrey was appointed to serve on the League of California Cities — Environmental Quality Policy Committee, and the Executive Committee for Riverside County Division; and reached a consensus to serve on various outside agencies for calendar year 2024 as noted on Attachment 1. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to appoint Members of the City Council to serve on various outside agencies for calendar year 2024 as detailed in Attachment 1, incorporated herewith by this reference. Motion passed unanimously. 3. APPROPRIATE $866,000 FROM GENERAL FUND RESERVES AND TRANSFER TO ENTERPRISE FUND, APPROVE PURCHASE OF GOLF CARTS FOR SILVERROCK GOLF COURSE, AND APPROVE ASSOCIATED BUDGET ADJUSTMENTS Principal Management Analyst Hallick presented the staff report, which is on file in the Clerk's Office. Council discussed the City's ability to purchase the golf carts from a La Quinta location so that the City receives the sales tax revenue; ability to receive green credits for electric vehicles; useful life of a golf cart and lithium batteries; frequency of golf carts' maintenance; color of new carts; GPS equipment and controls; golf rounds statistics for 2023; and rotation of golf carts. PUBLIC SPEAKER: Randy Duncan, General Manager/Director of Golf with Landmark Golf Management — answered Council's questions related to the golf cart fleet which must be purchased directly from Club Car corporate to receive greater discounted pricing; as of January 1, 2024, Club Car will no longer be allowed to ship gas -powered golf carts or CITY COUNCIL MINUTES Page 5 of 10 DECEMBER 19, 2023 13 beverage carts to California; and if a gas -powered beverage cart is purchased prior to January 1, 2024, the City will be grandfathered in. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to appropriate $866,000 from General Fund reserves and transfer to Enterprise Fund, approve purchase of golf carts for SilverRock golf course, approve associated budget adjustments, and authorize the City Manager to execute any documents necessary to complete the purchase. Motion passed unanimously. STUDY SESSION DISCUSS FINANCIAL OPTIONS FOR THE VILLAGE UNDERGROUNDING FEASIBILITY STUDY PROJECT NO. 2022-06 Management Analyst Mignogna introduced City Consultant Jeff Cooper, PE, Senior Vice President with NV5, Inc. who presented the staff report, which is on file in the Clerk's Office. Council discussed the pros and cons of following the traditional ballot measure approach for creating assessment districts versus "fast -tracking" the project; stability of the project estimates as time elapses; the consultant's experience working with public utility companies; who does the engineering on undergrounding projects — the public utilities which often hire consulting engineers; the benefit of hiring a firm to oversee the engineering; the ballot and assessment process, and the impact of new homeowners entering a district; the role of the "proponents committee" to get 60-70% support, followed by a 30 -day cash -payment period or bond issuance; bonds will be issued and sold based on the engineer's estimate for the project design, which will be prepared after the ballot measure is approved under the "fast-track" process; it is a vote -by -mail ballot process, each vote is weighted based on their assessment, and is approved by minimum of 50% of the votes casted only; the assessment district will only cover undergrounding costs in the public right-of-way; property owners are responsible to connect their property to the public utility, which requires a building permit and an inspection by the City; the assistance many cities provide in finding electricians, and the property owners within the district can use the same electrician; estimate cost to reconnect is $8,000 to $10,000, which includes trenching for the line on private property; enacting an ordinance requiring reconnection; possible loan program to assist homeowners with reconnection costs; average cost per parcel for each area for undergrounding utilities per one-time cash payment versus 20 - year bond -issuance; voting requirements for a Mello -Roos Community Facilities District; requesting the utility company to make a financial contribution to the project because it will eventually own and maintain the undergrounded system; transfer of improvements if a new utility agency takes over the district; primary reason for undergrounding is aesthetics, followed by safety and increased system reliability; ability to tie the project to climate change to be eligible for grants and loans; efficiency of underground lines versus overhead lines is the same; next steps are Imperial Irrigation District (IID) discussions, community outreach and education, public forums, workshops, etc.; researching financial assistance options for utility reconnection costs is too early at this time; investigate programs similar to the PACE program for solar; information packets must include graphs and pictures; fast timeline would be 5 to 6 years; current system's lifespan has about 10 CITY COUNCIL MINUTES Page 6 of 10 DECEMBER 19, 2023 14 to 15 years remaining; overhead lines are easier to service; residential and business tenants will absorb the assessment in their rents; City's relationship with IID must be clarified first; ownership of existing and new replaced equipment must be established; meter locations on homes may increase costs; microgrids; City as a facilitator of the process, not a proponent; implication on homeowners taxes, insurance, etc. after undergrounding; and the bond cost cannot include the utility reconnection costs because it is a private property improvement . CONSULTANT: Greg Butsko, Vice President of Distribution Services with NV5, Inc. — said his company did the 2010 project analysis; explained the extent of his 35 years of experience with IID; responsibilities of IID and the City; and there is no difference in delivery of utilities between underground versus overhead lines. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:23 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:50 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS 1. CONTINUED FROM SEPTEMBER 19, 2023: ADOPT RESOLUTIONS TO: 1) ADOPT MITIGATED NEGATIVE DECLARATION (EA 2021-0006 ), AND 2) APPROVE GENERAL PLAN AMENDMENT 2021-0001, ZONE CHANGE 2021- 0001, CONDITIONAL USE PERMIT 2021-0002 (PLANNED UNIT DEVELOPMENT) FOR AN 80 -UNIT SINGLE-FAMILY RESIDENTIAL PROJECT AND TENTATIVE TRACT MAP 2021-0004 (TTM 37950); CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; PROJECT NAME: LA VILLETTA AT AVENUE 58; LOCATION: SOUTH OF AVENUE 58 BETWEEN MADISON STREET AND MONROE STREET [RESOLUTION NOS. 2023-045 AND 2023-046] MAYOR EVANS DECLARED THAT THIS IS A CONTINUED PUBLIC HEARING LEFT OPEN FROM THE SEPTEMBER 19, 2023, MEETING Associate Planner Fernandez presented the staff report, which is on file in the Clerk's Office. APPLICANT REPRESENTATIVE: Kris Pinero, Project Manager with Rodeo Credit Enterprises, LLC — provided a brief overview of the project; the Applicant's neighborhood outreach; the benefits the project would bring to the La Quinta community, including housing diversity, affordability, energy infrastructure improvements, and increased electrical capacity. Council discussed there are no: 2 -story homes in the developments surrounding the project, close by employment or no public transportation near the project; questioned the affordability of the proposed homes; density concerns; guest parking; setting a precedent for high-density housing; lot lines/setbacks being only 8 feet translates as high-density; CITY COUNCIL MINUTES Page 7 of 10 DECEMBER 19, 2023 15 builder letter of support, not a letter of intent to build provided to City; zone change being irreversible; the positive electrical substation improvement; the negative impact an approval of this type of project will have on Council's ability to deny future developers requesting similar zone changes — consistency is expected; this is a desirable project and would likely be approved if it was built in an area zoned for it; the General Plan is Council's guiding principal for growth; it's always best if a landowner proposes a project that fits within the existing General Plan zoning; and residents and developers rely on a consistent Council. APPLICANT CONSULTANT: Tim Piasky, Project Consultant with Piasky Solutions — said he understands the impact of a zone change; pointed out there has been no community opposition; future requests for zone changes may or may not have community support; Greater Coachella Valley Chamber of Commerce (GCVCC) and Desert Valley Builders Association (DVBA) leadership issued letters of support for the project; timing and conditions existing when a zone change is requested matter; local home builder's market research states this is a highly desirable housing product in this area; and under current State law for Auxiliary Dwelling Units (ADUs) and Jr. ADUs, 144 rental units could be built without General Plan changes. APPLICANT CONSULTANT: Henrik Nazarian, Civil Engineer with D and D Engineering — explained that current zone allowance of 36 units could increase to 144 units if ADUs were added. City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received as listed below in alphabetical order, which were distributed to Council, made public, published on the City's website, and included in the public record of this meeting: DVBA — Gretchen Gutierrez, CEO — in support of the proposed project; GCVCC — Brandon Marley, President, and CEO - in support of the proposed project; and Palari, Inc — Mitchell Anderson, Managing Director — in support of the proposed project. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:44 P.M. Council reiterated its general disagreement with the proposed General Plan amendment and zone change; discussed the lack of electric power for the area is a challenge for developers; parking and density remain issues for this project; and overall the project is not compatible with the surrounding communities and the economic infrastructure in the area. APPLICANT REPRESENTATIVE: Ms. Pinero — requested a continuance to reevaluate the project map as the applicant would like to build in La Quinta. MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2023-045 to deny General Plan Amendment 2021-0001 related to the proposed La Villeta project, an 80 -unit Planned Unit Development located south of Avenue 58, between Madison Street and Monroe Street, due to the project's CITY COUNCIL MINUTES Page 8 of 10 DECEMBER 19, 2023 16 inconsistency with the 2035 General Plan, among other findings, and pursuant to the California Environmental Quality Act, the Council took no action on the Mitigated Negative Declaration prepared for Environmental Assessment 2021-0006. The Council further ordered a brief recess and directed City Attorney Ihrke and Planning Manager Flores to draft a resolution to memorialize the findings as articulated by the Council as the basis for denial. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:00 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:13 P.M. WITH ALL MEMBERS PRESENT MOTION - Continued — At the request of the Council, City Attorney Ihrke summarized the findings outlined in Resolution No. 2023-045. Motion passed unanimously. DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember McGarrey reported on her attendance at the "Pancakes with Santa" breakfast event for children at the Wellness Center held on December 16, 2023; Shop - with -a -Cop at Walmart; and La Quinta Fire Department's Toy Drive. Mayor Evans reported on her attendance at the Household Hazardous Waste Recycling event; Citizen -on -Patrol Volunteer Dinner; Desert International Horse Park tour; the 2023 World Wheelchair MotoCross (WCMX) Championship event at the X -Park for adaptive action sports athletes; Shop -with -a -Copt at Walmart; Coachella Valley Behavioral Hospital ribbon cutting; the annual Rotary Club Toy Drive; and noted she has an upcoming interview with Joe Smith of NBC to report on La Quinta highlights. Councilmembers Fitzpatrick, Sanchez, and Pena simultaneously listed numerous events they attended, including Gingerbread Lane at Old Town Artisan Studios, La Quinta Chamber of Commerce Holiday Mixer, DVBA Holiday Cocktail Mixer, etc. REPORTS AND INFORMATIONAL ITEMS 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 organization's meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE La Quinta's representative for 2023, Mayor Pro Tem Pena reported on his participation in the following organization's meeting: • CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES CITY COUNCIL MINUTES Page 9 of 10 DECEMBER 19, 2023 17 ADJOURNMENT There being no further business, a motion was made and seconded by Mayor Evans/Councilmember Sanchez to adjourn this meeting at 8:32 p.m. in remembrance of winemaker Miljenko "Mike" Grgich. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 10 of 10 DECEMBER 19, 2023 18 2024 Assignments APPOINTED DECEMBER 19, 2023 ATTACHMENT 1 AGENCY 2024 MEETING SCHEDULE 2024 REPRESENTATIVES Animal Campus Commission 1St Thursday, quarterly at 9:30 am Member: Councilmember Sanchez (2024: Feb 1, May 2, Aug 1, Nov 7) Alternate: Councilmember Fitzpatrick Member: Councilmember Sanchez California Joint Powers Insurance Authority* Annual meeting in July Alternate: Monika Radeva and/or Claudia Martinez 1St quarter— Councilmember McGarrey 2nd quarter — Councilmember Sanchez Greater CV Chamber of Commerce Councilmembers rotate — 2nd Thursday every 3rd quarter — Councilmember Evans Information Exchange Committee month at 8:30 am 41" quarter — Councilmember Fitzpatrick Alternate — Mayor Pro Tem Pena Art Purchase Committee — March 2024 Meet during Art Celebrations; Members: Com Servs. Com (2) Members; Art Purchase Committee — November 2024 (March 2-5, 2024; Nov. 9-12, 2024) —Sanchez & McGarrey; Mar. y' Nov. — Evans & Fitzpatrick Annual banquet — last Monday in June in Chair's Delegate: Mayor Evans CVAG General Assembly city Alternate: Mayor Pro Tem Pena June 24, 2024 at 6 m Members: All Councilmembers CVAG Conservation Commission* 2nd Thursday of each month at 10:30 am Member: Mayor Evans (2024: dark March, July, Aug, Oct, Dec) Alternate: Councilmember Fitzpatrick CVAG Energy & Environmental Resources Committee* 2nd Thursday of each month at 12 pm Member: Mayor Evans (2024: dark March, July, Aug, Oct, Dec) Alternate: Councilmember Fitzpatrick CVAG Executive Committee* Last Monday of each month at 4:30 pm Member: Mayor Evans (2024: dark March, July, Aug, Oct, Dec) Alternate: Mayor Pro Tem Pena (rotating) CVAG Public Safety Committee* 2nd Monday of each month at 9 am Member: Mayor Pro Tem Pena (2024: dark Mar, Apr, Jul, Aug, Oct, Dec) Alternate: Councilmember Sanchez CVAG Transportation Committee* 1St Monday of each month at 10 am Member: Councilmember Fitzpatrick (2024: dark March, July, Aug, Oct, Dec) Alternate: Councilmember McGarrey CVAG Homelessness Committee* 3rd Wednesday of each month at 10 am Member: Mayor Pro Tem Pena (2024; dark Mar, July, Aug, Oct, Dec) Alternate: Councilmember Fitzpatrick Coachella Valley Mosquito & Vector Control DistrictMember: Mayor Pro Tem Pena (CVMVCD)* 2nd Tuesday of each month at 6 pm Appointed 10/19/2021 to serve thru December 31, 2025 19 * Note: receives stipend 2024 Assignments APPOINTED DECEMBER 19, 2023 20 * Note: receives stipend 2nd Monday, every other month at 3 pm Member: Councilmember McGarrey Coachella Valley Mountains Conservancy (CVMC)* (2024: Jan 9, Mar 11, May 13, Jul 8, Sept 9, Nov Alternate: Councilmember Fitzpatrick 11) Coachella Valley Unified School District TBD Members: Councilmember Fitzpatrick & Mayor 2x2 Committee [established 11/03/2015] Pro Tem Pena January Members: McGarrey & Fitzpatrick Community Service Grant Review Committee Three per year: January, May & September May Members: Evans & Sanchez September Members: McGarrey & Pena Coachella Valley Water District Joint Policy Committee As needed — TBD Member: Mayor Evans Alternate: Mayor Pro Tem Pena (rotating) Desert Sands Unified School District TBD Members: Mayor Evans & Councilmember 2x2 Committee [established June 2013] Sanchez Desert Recreation District TBD Members: Councilmembers Fitzpatrick & 2x2 Committee [established Jan. 2017] McGarrey Economic Development Subcommittee Meet twice a month; TBD and 4th Wednesday at Members: Mayor Evans & Councilmember [established May 20, 2014] 9 a.m. Fitzpatrick Alternate Member: Councilmember Sanchez Tuesday's at 8:30 am at rotating locations Members: Mayor Evans Visit Greater Palm Springs Convention & Visitors Bureau* (2024: Feb 2, March 29, , June 14, Oct 4, Dec 6; dark in Alternate Member: Councilmember Sanchez Jan, April, May, July, Aug, Sept. Nov Member: Councilmember McGarrey IID Energy Consumers' Advisory Committee (ECAC) 1St Monday of every month at 6 p.m. Appointment will end December 2026 Public Member: Lee Osborne Alternate: none IID does not recognize alternates 2nd Thursday of every month at 3 p.m. IID Coachella Valley Energy Commission (CVEC) (Held at rotating facilities in the cities of Coachella, Indio, La Members: Mayor Evans Quinta, Palm Desert, Indian Wells, Rancho Mirage, tribal nations, Appointment will end December 2024 or unincorporated areas of Imperial & Riverside counties League of California Cities - Delegate for annual Annual conference(s) & General Assembly Member: Mayor Evans conference October 16-18, 2024 in Long Beach, CA Alternate: Mayor Pro Tem Pena League of California Cities -Environmental Quality Policy Three meetings per year Member: Councilmember McGarrey Committee (2024: Jan 19, March 22, & June21) League of California Cities — Executive Committee VIA ZOOM — 6:00 p.m. (2024: Feb. 12, April 8, Member: Councilmember McGarrey Riverside County Division June 10, Aug. 12, Oct. 14) League of California Cities - Public Safety Committee Three meetings per year (2024: Jan 19, March 22, & June21) Member: Councilmember Steve Sanchez Riverside County Transportation Commission (RCTC)* Member: Councilmember Fitzpatrick [one rep appointed by every city] 2nd Wednesday of each month at 9:30 am Alternate Member: Councilmember McGarrey 20 * Note: receives stipend 2024 Assignments APPOINTED DECEMBER 19, 2023 Riverside Local Agency Formation Commission (LAFCO) 4th Thursday of each month at 9:30 am (dark Nov 2024?) Member: Councilmember Sanchez Annual Regional Conference & General Assembly Delegate: Mayor Evans So. Calif. Association of Governments (SCAG) — May 4-5, 2023 — Marriott Springs Resort — Palm Alternate Member: Mayor Pro Tem Pena Desert 4th Wednesday of each month at 10am-1 pm noon Member: Mayor Pro Tem Pena Sunline Transit Agency* (includes Committees) Alternate: Councilmember Fitzpatrick dark Au & Nov 2024 21 * Note: receives stipend 22 City of La Quinta CONSENT CALENDAR ITEM NO. 2 CITY COUNCIL MEE I IN(3: January 16, 2024 STAFF REPORT AGENDA TITLE: ACCEPT CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2021-08 LOCATED AT VARIOUS LOCATIONS RECOMMENDATION Accept the Citywide Slurry Seal Improvements Project No. 2021-08 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 $54,396, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY • The project included over 1,500,000 square feet of pavement rehabilitation in various locations (Attachment 1). • 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. 2021-08: Original Contract Amount $ 1,024,292 Contract Change Orders No. 1-2 $ 63,633 Final Contract Amount $ 1,087,925 Project Budget $ 1,500,000 Final Contract Amount ($ 1,087,925) Design, Professional, & Personnel Costs $ 35,933 Inspection, Survey, Plans, & Other Construction Costs 6 6 402 Anticipated Funds Remaining* $ 369,740 * 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 $54,396 will be paid from account number 401-0000-20600. The anticipated savings ($369,740) will remain as available appropriations for this project until the completion of all phases. 23 BACKGROUND/ANALYSIS On June 6, 2023, Council awarded a $1,024,291.60 contract to American Asphalt South, Inc. On July 18, 2023, a Notice to Proceed was issued with a 40 -working day completion time starting on July 24, 2023, and ending on September 18, 2023. The project was deemed substantially complete on September 25, 2023. No liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued for additional pavement resurfacing at the City Yard parking lot, additional traffic control, and grind and cap on Avenue 50. Contract Change Order No. 2 was issued for quantity adjustments. 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. AL i ERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 24 ATTACHMENT 1 FY 2021/22 Pavement Management Plan Slurry Seal Improvements DESERT PRDE -moor PRAT STE fffl!6 -W LiL ,i II II • r i a i — I II I I db I iM J.� — Td, MEN M ME Ir - Y IV w 25 9.1 CONSENT CALENDAR ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-07 RECOMMENDATION Approve plans, specifications, engineer's estimate, and authorize Staff to bid the Citywide Miscellaneous Americans with Disabilities Act Improvements Project No. 2023-07 EXECUTIVE SUMMARY • In an effort to address deficiencies identified in the 2011 Americans with Disabilities Act accessibility survey of all public facilities, staff is requesting approval of plans, specifications, engineer's estimate, and to advertise for bid Citywide Miscellaneous Americans with Disabilities Act Improvements Project No. 2023-07. • Project is located in the Season's Neighborhood (Attachment 1) and includes the reconstruction of curb ramps, sidewalk, and a cross -gutter on Springtime Way and Summer View Way. • Construction is funded with Community Development Block Grant (CDBG) funds, which must be expended by the end of the 2023/24 Fiscal Year. The County has requested that the project be as complete as possible by the end of June 2024. FISCAL IMPACT The projected budget is $250,210, of which $75,000 will be allocated from the Citywide Sidewalk Improvements Project and ADA Access Ramp Various Locations (Project Nos. 2324STI and 2324ADA) and $175,210 from CDBG funds for construction costs as follows: 27 CDBG Citywide Sidewalk Improvements Project Total Budget Professional/Design: $ 0 $ 30,000 $ 30,000 Inspection/Testing/Survey: $ 0 $ 15,000 $ 15,000 Construction: $ 175,210 $ 0 $ 175,210 Contingency: $ 0 $ 30,000 $ 30,000 Total Budget: $ 175,210 $ 75,000 $ 250,210 27 BACKGROUND/ANALYSIS In 2011, the City conducted an Americans with Disabilities Act accessibility survey of all public facilities. To date, the City has addressed ADA deficiencies at the Exterior and Interior of City Hall, La Quinta Park, Civic Center Campus, La Quinta Library, SilverRock parking lot, Museum, YMCA, Sports Complex, Velasco Park, Eisenhower Park, Adams Park, Desert Pride Park, Saguaro Park, Fritz Burns Park, Seasons Park, and a portion of Avenida Bermudas. This year's Citywide Miscellaneous ADA Improvements will include work within the Season's Neighborhood at the following locations: ✓ Springtime Way and Seasons Way ✓ Springtime Way and Summer View Way ✓ Summer View Way and Winter Cove Court ✓ Summer View Way and Desert Fall Way Contingent upon approval to advertise the project for bid on January 16, 2024, the following is the project schedule: Council Bid Authorization January 16, 2024 Bid Period January 17, 2024 to February 7, 2024 Council Considers Project Award February 20, 2024 Execute Contract and Mobilize February 21, 2024 to March 18, 2024 Construction (20 Working Days) March 2024 - April 2024 Accept Improvements May 2024 ALTERNATIVES Staff does not recommend an alternative due to the funding timing constraints. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 28 Attachment 1 -Vicinity Map Citywide Miscellaneous ADA Improvements 0 IMPORTANT" Maps and data are to be used for reference purposes only. Map features are approximate, and are not G; necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. 0 6 12,037 Feet REPORT PRINTED ON... 1/31/2023 11:35:48 AM © Riverside County GIS ATTACHMENT 1 Legend Blueline Streams City Areas World Street Map Notes C g] City of La Quinta CONSENT CALENDAR ITEM NO. 4 CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDP TITLE: APPROVE AMENDMENT NO. 3 TO REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR AVENUE 48 ARTS AND MUSIC LINE PROJECT NO. 2020-08 RECOMMENDATION Approve Amendment No. 3 to the Reimbursement Agreement with the Coachella Valley Association of Governments for the Avenue 48 Arts and Music Line Project No. 2020-08; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY • Coachella Valley Association of Governments (CVAG) is the lead agency for the Avenue 48 Arts and Music Line project improvements and has contracted with Webb and Associates to design the project (Attachment 1). • This project will be a community connector to the CV Link located primarily along Avenue 48 between Highway 86 and Washington Street. • In March 2020 the City approved a reimbursement agreement with CVAG along with the Cities of Coachella and Indio. The participating cities' local share of the design cost is determined by their respective linear mileage of the project. • CVAG was successful in receiving an Active Transportation Program (ATP) grant in the amount of $36.483 million for the construction. • Amendment No. 1 updated the cost share associated with the design, and Amendment No. 2 added additional design to the agreement. • Amendment No. 3 will incorporate construction management costs and add the non -infrastructure services to the agreement (Attachment 2). FISCAL IMPACT Amendment No. 3 will revise CVAG's 75% total regional share under the agreement to $3,964,470, and the 25% local share to $1,321,490. The total project cost is allocated as follows: 31 Original Contract March 18, 2020 Amendment Number One February 28, 2022 Amendment Number Two December 5, 2022 Amendment Number Three December 4, 2023 Total Contract not -to -exceed Amendment Regional Local Amount Share Share $2,731,897 $2,048,923 $682,974 No Cast $0 $0 $1,060;000 $795,000 $265,000 $1,494,063 $1,120,547 $373,516 $5,285,960 $3,964,470 $1,321,490 The 25%, or $1,321,490, local share is divided between the Cities of La Quinta, Indio, and Coachella based on their respective linear mileage of the project; each city's share is detailed in the table below. The City's total share of the 25% is $330,372, which includes an additional $93,379. There is sufficient funding in the project budget (401-0000- 60188D) for the additional cost to the City. Total Local La Quinta Indio Coachella Share (25%) 5330,372 $885,398 $105,719 $1,321,490 2511/o 67% 811/0 100% BACKGROUND/ANALYSIS CVAG coordinated with the cities of La Quinta, Coachella, Indio, and Riverside County to develop the 10 -mile project. The Arts and Music Line is a community connector to the CV Link that's located primarily along Avenue 48 between Highway 86 and Washington Street. The eastern end will extend along Dillon Road to the Spotlight 29 Casino. The western end will extend southward along Washington Street and then further west and south along Eisenhower Drive, connecting to the Bear Creek Trailhead at the western terminus of Calle Tampico. The project's design will incorporate both light and sound, and provide pedestrians and cyclists safe access to the music and art festivals at the Empire Polo Grounds. Partnerships with two school districts and Golden Voice, provides an opportunity to feature students' art and music along the route. In March 2020, the City executed a reimbursement agreement with CVAG and the cities of Indio and Coachella for the design of the project. The Avenue 48 Arts and Music Line is a priority identified in CVAG's Transportation Project Prioritization Study (TPPS) and was therefore eligible for regional transportation funding. By designing this project, CVAG was able to secure a $36.483M ATP grant for construction. Amendment No. 1, executed February 2022, revised the cost share after a portion of the La Quinta improvements was removed to improve the chances of receiving ATP grant funding. Amendment No. 2, executed December 2022, included additional design costs. 32 Proposed Amendment No. 3 extends the term of the agreement through December 31, 2025, incorporates the costs associated with pre -construction and construction management services per CVAG's agreements with Anser Advisory Management, LLC and T.Y. Lin International, and adds non -infrastructure services per CVAG's agreement with Chen Ryan Associates. ALTERNATIVES Council may elect not to approve this amendment. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, PE, Public Works Director/City Engineer Attachments: 1. Avenue 48 Arts and Music Line Project Map 2. Amendment No. 3 to Reimbursement Agreement With CVAG 33 34 •�wr .Dw 8,600 Feet sz 46 CVAG ABIs aird Music Llxr Adwe T". aborlahow Program Cyde G Grain Apbb alml r ATTACHMENT 1 �~fa ODUNIY, CAPON) 1 � 1 Legend Proposed Improvements R Arts and Music Line and School Connection Spurs < rz> Connection to CV Link Existing/ Planned Conditions CV Link Bicycle Lanes Sear Creek Trail Sc•hooh Palo Ficlds/Local Event Venue jurisdictions �. w Coachella r., rr, we Indio La Quinta Unincorporated Riverside County Project Location Map 35 9.1 ATTACHMENT 2 Contract No. CVAG-20-018-03 Project: ATP — Arts and Music Line AMENDMENT NUMBER THREE TO THE REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF LA QUINTA FOR THE ATP —ARTS AND MUSIC LINE This AMENDMENT NUMBER THREE is made and entered into this 4' day of December 2023, by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), the City of La Quinta (Agency) and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original agreement dated March 18, 2020 for the ATP — Arts and Music Line Project. This Amendment Number Three extends the term of the contract to December 31, 2025. 2. This Amendment Number Three authorizes the scope of services in accordance with the attached Anser Advisory Management, LLC Technical and Fee Proposal for the not -to -exceed amount of $509,333, including 20 percent contingency, to provide pre - construction and construction management services. 3. This Amendment Number Three authorizes the scope of services in accordance with the attached T. Y. Lin International Technical and Fee Proposal for the not -to -exceed amount of $50,000 to provide supplemental pre -construction and construction management services. 4. This Amendment Number Three authorizes the scope of services in accordance with the attached Chen Ryan Associates, Inc. Technical and Fee Proposal for the not -to - exceed amount of $934,730, including 20 percent contingency, to provide professional engineering and public outreach services. 5. This Amendment Number Three increases CVAG's Regional Share to $3,964,470, and the Local Share to $1,321,490. 6. This Amendment Number Three authorizes CVAG to amend the cost-sharing agreements between CVAG and the Cities of La Quinta, Indio and Coachella for design costs related to the ATP - Arts and Music Line, by adding $1,494,063 to the total costs for a revised total of $5,285,960 which represents an additional $1,120,547 totaling $3,964,470 for the 75 percent CVAG share and an additional $373,516 totaling $1,321,490 for the 25 percent local share. Original Contract March 18, 2020 Amendment Number One February 28, 2022 Amendment Number Two December 5, 2022 Amendment Number Three December 4, 2023 Total Contract not -to -exceed Amendment Regional Local Amount Share Share $2,731,897 $2,048,923 $682,974 No Cost $0 $0 $1,060,000 $795,000 $265,000 $1,494,063 $1,120,547 $373,516 $5,285,960 $3,964,470 $1,321,490 37 Contract No. CVAG-20-018-03 Project: ATP — Arts and Music Line Based on the revised additional $373,516 to the local share, the revised 25 percent local share which totals $1,321,478 per this amendment will be split between the cities of La Quinta, Coachella and Indio as follows: SIGNATURES ON NEXT PAGE 38 Total Local La Quinta Indio Coachella Share (25%) $330,372 $885,398 $105,719 $1,321,490 25% 67% 8% 100% SIGNATURES ON NEXT PAGE 38 Contract No. CVAG-20-018-03 Project: ATP — Arts and Music Line The parties hereto have caused this Amendment Number Three to be executed by their duly authorized representatives on the above -reference date. ATTEST By: Jon McMillen, City Manager ATTEST Tom Kirk, CVAG Executive Director CITY OF LA QUINTA M Linda Evans, Mayor COACHELLA ASSOCIATION OF GOVERNMENTS By: Scott Matas, CVAG Chair 39 Contract No. CVAG-20-018-03 Project: ATP — Arts and Music Line Attachment A-1 Anser Advisory Management, LLC Technical and Fee Proposal 40 UNDERSTANDING OF SPECIAL ISSUES (IV) Construction Management Reimagined The Anser team is comprised of individuals who truly take ownership of the project and are willing to go the extra mile to ensure the project is built right the first time. We are constantly looking for design and construction enhancements that will result in a pristine finished product. An example of this on the CV Link project was at the Palm Springs Visitor Center access point. The design drawings had laid out the top of footings in line with the proposed finished grades. Our Resident Engineer, Tyson Atwood, realized early that the visual roof line would look odd once complete. As such, he made slight modifications to the top -of -footing elevations so that the shade structures would visually be shaped like a "V," which also cast a much more appealing shadow. It is this high attention to detail which separates the Anser team from any other construction management firm. Plans are heavily scrutinized both in the office and in the field to ensure that the design intents are being met during construction. The Anser team is very accustomed to making minor design changes in the field as nearly all of the proposed tie-in elevations on the CV Link project have been significantly off. The way we have efficiently overcoming these challenges is by being very proactive. Once construction stakes are set, the Anser team will go out a minimum of two days ahead of the Contractor's planned activities to ensure design feasibility. Minor adjustments can then me made with have zero to minimal impacts to the contractors means and methods and schedule. We can make such adjustments easily because, as part of our standard tools, Anser has invested in a builder's laser level so that our inspection team can not only verify grades and forms without the assistance of a contractor. This also allows us to gather simple field topo without the need of additional survey costs. Unique Design Elements The AML has many unique features and elements which are being custom developed for the project. Anser has extensive experience in dealing with unique design elements andthe challenges that it brings to an owner. The first decision that CVAG must make is whetherthe agency should procure these items under a sole source agreement and then provide them to the contractor as owner furnished material. This is always heavily scrutinized by Caltrans and puts funding at risk if the proper procedures are not followed. Furthermore, California Public Contract Code section 3400 also prohibits the use of specific brand names when bidding outwork. On the CV Link project, Anser provided guidance to CVAG about the best way to procure specific design elements while still being in compliance with California Public Contract Code section 3400. Through our guidance, the Segment i contract was able to procure the exact benches, trash receptacles and bicycle racks that were desired by CVAG. As part of the Infrastructure Investments and Jobs Act (II)A), the Build America, Buy America Act (BABA) was enacted in November of 2o21. This act greatly increased the number of products which now fall within the Buy America requirements. This may include many of the fiberoptic and specialty lighting that is currently shown in the AML drawing package. During the pre -construction phase, Anser will ensure that all specified products meet the BABA requirements. The newly updated Caltrans 2023 standard specifications largely incorporate all these new Buy America requirements, however at this time it is unclear what the base specifications will be. If the Caltrans Standard Specifications are not used, the Anserteam will ensure that all the newly updated Buy America language is in the contract specifications so that the contractor may accurately bid the project. Finally, during construction, our Resident Engineer will ensure that all Buy America requirements are being met and the paperwork is meticulously filed in preparation for any audit. Understanding of Regional and Community Needs Anser has worked extensively in the region for over five years and has had an established local office foroverthree. Over75% of the daily Anser team staff that will be working on the Art and Music Line Project call the Coachella Valley home. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 41 Professional Engineering Services, Arts and Music Line Project 12 1 Anser Advisory As such, we have a strong understanding of the unique community needs of the Art and Music Line project, both as it relates to its local residents and tourism, driven in large part to the music festival season and other special events. Connections to Schools: The AMLwill connect to over half a dozen schools, all of which are within disadvantaged communities where over 8o9/o of the children are on Free and Reduced Priced School Meals. Many of these children rely on public or active transportation to get to school. The AML will provide safer routes to children who are already using active transportation means to get to and from school each day. Tourism: April is one of the most important months to the region. Each weekend, over 1oo,000 festival goers visit the Empire Pole Grounds to attend Coachella Music and Arts and Stagecoach music festivals. This is not including the thousands of vendors that it takes to support these events. These grounds are also increasingly the home to additional festivals taking place in October. Consideration for these high traffic events must be accounted for both during the design and construction phase. The design must be thoughtful enough to recognize that there are 1o's of thousands of people who would use the facilities no more than once a year. Likewise, during construction, we must ensure that our project is of minimal impact to the traveling public, espciallyduring these high-volumeweekends. The Anser team iswell experienced workingwith in the region duringthese timelines. During construction of our CV Link project, we ensured that our contractor took extra precautions by utilizing a combination of chain link andsnow fence to keep tourism outof the construction zones. We also added additional signage above and beyond the requirements of the CA MUTCD to ensure clear communication to all tourists. SECTION 4 (CONTINUED) Understanding of the Dillon Road Connection The Dillon Roadconnection isthe eastern mostconnection to CV Link. Anser is aware that the existing Dillon Road Bridge over the Coachella Valley Stormwater Channel is structurally deficient and functionally obsolete. Dillon Road is also a principal arterial serving the two tribal reservations: Cabazon Band of Mission Indians and Twenty -Nine Palms Band of Mission Indians, and is the only access to the City of Coachella connecting to Interstate 10 freeway. The risks and reliabilities are extremely high and Anser is ready to work through any and all challenges, including: 4 Coordination with Caltrans, Coachella Valley Associations of Governments, Coachella Valley Water District, City of Indio, City of Coachella, Cabazon Band of Mission Indians, Twenty -Nine Band of Mission Indians, utility companies and school districts on a consistent basis. 4 Possible closing o f Dillon Road Bridge during construction which may require long detours through Avenue 50 via a low-water crossing (not accessible during flood event) or Avenue 52, which will significantly increase emergency response time. 4 Understanding that there is a Joint Powers Authority between the City of Indio, City of Coachella, Cabazon Band of Mission Indians and Twenty -Nine Band of Mission Indians, established in September 2018, related to the Dillon Road Bridge Project. 4 Understanding that the Dillon Road Bridge Project is one of Coachella Valley Associations of Governments transportation projects in the Transportation Project Prioritization Study and how this relates to the Art and Music Line Project which is funded by federal ATP and local funds. 4 Managing environmental clearances (i.e., AB52 and Section 1o6 consultations). 4 Managing and conducting biological studies during breeding seasons only which may cause delays. 4 Strategizing the political process and facilitating discussion among stakeholders that may have differing opinions or priorities. Anser has built a team who is ready to take on these challenges. Martin Magana of Magana Consulting Services joins the Anser team with extensive existing relationships and knowledge of the rich history of the surrounding area. We will guide CVAG in addressingthese challenges by including City and Tribal staff in pre -construction meetings and progress meetings, implement City and Tribal punch list items during project closeout and coordinate acceptance walks with the City and Tribal staff as part of the final punch list process. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 42 Professional Engineering Services, Arts and Music Line Project 13 1 Anser Advisory DOT Design and Practical Experience �.n.� Anser has extensive knowledge of the ADA requirements and bikeway construction �a as outlined in the California MUTCD. We've also kept up on all changes as these manuals are updated. This gives us a strong understanding of the critical elements not only during the constructability review phase, but also during construction. For example, we understand that there has to be 2 -foot clear zone from the edge of path from any obstacles while the path. During the construction of CV Link behind the Palm Desert High School, this understanding of design criteria was critical as the proposed pathway alignment encroached into this buffer zone against an CVWD chain link fence. Since our contract stated to protect the fence in place, the Anser team made alignment modifications in the field to ensure that our edge of pathway was at least 2 -feet away from the existing fence. This change was made a zero cost to CVAG. Had we not had this understanding, post solution would have certainly cost tens of thousands of dollars. Anser also understands that even though a design may work on paper and is within the guidelines of design standards, new features may cause confusion with drivers. As new sections of travel are opened, Anser will observe how traffic reacts to the changes, recognizing that there is a typical time period where locals will need to adjust to the changes. If any element of the design is not working as intended, Anser will take immediate action to add any temporary fixes as necessary while the design team provides a final solution. Signal timing adjustments are frequently required on these types of projects. Anserwill work with the local agency to ensure that signals are adjusted ahead of opening new routes to traffic. Levee and Undercrossing Construction One of the more important connections to the Arts and Music Line is connectivity with CV Link at the La Quinta Promontory PointAccess Point. In orderto make this connection, the proposed pathway will travel from Avenue 48 along the La Quinta Evacuation Channel and then drop under both the Highway iii and Werson bridges. Anser has unmatched knowledge of the challenges of obtaining both design approval and constructing within Coachella Valley Water District (CVWD) right-of-way. Our Resident Engineer, Tyson Atwood, has spent the past three years working very closely with CVWD, especially David Wilson and Chad Austin, in getting both design approvals, as well as construction coordination within the channel. Anser recognizes that CVWD has strong reservations about constructing the undercrossings as proposed due to both safetyand engineering concerns. SECTION 4 (CONTINUED) `y Engineering Concerns. One example of the engineering concerns CVWD will likely have is with capacity and scour analysis. The proposed design will reduce capacity of the existing channel by the addition of a retaining wall, and/or fill slope. As this channel is designated as a Zone A by the FEMA Flood Insurance Rate Maps (FIRM), CVWD will likely require a hydrologic/ hydraulic (HH) analysis which shows that the impacts have negligible effects on the existing water surface elevations and scour depths. CVWD traditionally has Northwest Hydraulic Consultants (NHC) complete their third -party review of all HH studies. Through this process, Tyson has working knowledge of the types of analysis that NHC will be looking for, as well as how they prefer the data presented. Having previously worked as a HH design engineer, Tyson has a strong understanding of the software and types of analysis used to complete these studies. During the approval process of the CV Link under crossings, Tyson performed Quality Assurance of the designers' analyses and report prior to submitting to CVWD for review. During this process, he caught several inconsistencies in the report which had traditionally been flagged by NHC; avoiding an additional costly round of reviews and loss in schedule. With his extensive knowledge of what kinds of issues CVWD and N HC traditionally lookfor in their review, theAnserteam will be able to perform independent Quality Assurance checks ahead of design submittals to CVWD which will cutdown on the number of submittal reviews required ahead of CVWD approval. Safety Concerns. Through our conversations with CVAG, we also understand that CVWD has safety concerns about building the pathway underneath the Jefferson and Highway iii bridges, respectively. During our field visit, the Anser team did observe one homeless encampment in the Jefferson bridge abutment, opposite of where the pathway is proposed. The Anser team has vast experience in working with the homeless of similar under crossings during construction of CV Link. The Monroe under crossing had proven to be the most challenging location as there was a very well establish encampment within ourconstruction limits. Prior to construction ofthe undercrossing, Anser teamed with the CVAG Homeless outreach team so that contact could be made with the individuals. Once that initial contact failed, Anser worked with local law enforcement to have the individuals removed. Anser also came up with some additional design elements which helped as homeless deterrents. Through persistent work, there are no longer homeless encampments at any CV Link under crossing locations. COACHELLA VALLEY ASSOCIATION OFGOVERNMENTS Professional Engineering Services, Arts and Music Line Project ,r I - 43 14 1 Anser Advisory Anser will work closely with CVAG to help ensure the safest possible route to access CV Link at the La Quinta Access Point. We will look at all options, including additional lighting which would not have adverse environmental impactswhile enhancing the safety of users after dark. Retaining Wall Construction The current plan shows two different types of walls being constructed within the channel, a tieback wall and a cast -in- place wall. In our initial review of the plans, as demonstrated in Figure 1, it appears that CVAG may need to acquire additional right-of-way in order to construction the tiebacks. This appears to be most prominent at the Highway iii undercrossing, especially towards the northerly side where there is an existing shopping center adjacent to the channel. These kinds of right- of-way constraints will be one of our top priorities during our constructability review. It will be critical to both the schedule and design that these kinds of restrictions are identified early so that proper action can be taken to mitigate the design. c n=ow — — — — ir . I w -- L,�.._=� Figure i Another challenge that the project may face is with the current design of the cast -in-place (CI P) wall. In order to cost effectively construct the CIP wall, the contract will need room to excavate for the footing. This is demonstrated in Figure 2. saceo,e r.,s I.r. J u Figure 2 As demonstrated in this figure, this back cut will likely affect the columns of the existing bridge. During the constructability phase, we would review the both the Jefferson and Highway iii as -build drawings to ensure that future construction would not impact the structural integrity of the bridges and that any potential back cuts would be above the existing pile caps. Additionally, access during construction of the CIP wall will be restrictive due to the placement of the existing columns. Extreme caution must be maintained at all times so that equipment does not strike and damage any of the structural components of the bridges. The Anser team will also ensure SECTION 4 (CONTINUED) that the environmental clearance areas also accurately account for construction activities. As a lesson learned from the CV Link project, the environmental boundary of the under crossings did not account for the back cut required for the cutoff wall construction. The Anser team has worked with both CDFW and CVWD to mitigate these impacts so that the project could be built per plan. On -Street Construction While the levee and undercrossing may appear to be the most technically complex component of the project, the on -street work will have its own unique set of challenges, from both a constructability and engineering perspective. Project Staging and Schedule. One of our lessons learned from our City of Indio Herbert Hoover Pedestrian Improvement project is the success of breaking the project in to manageable stages of work. Because the project is spread out through commercial, residential, and school zones, it is important that the contractor is diligent when they start construction. For example, we would not want the contractor to start demo work in La Quinta, near Desert Sands Unified School District and then move into the City of Indio, and not complete the work within the City of La Quinta for weeks, or even months later. We will work with CVAG and the design team to establish reasonable work zone areas which would not substantially drive costs, while minimizing impacts to the public as much as possible. Prior to starting the project, we will review and agree on the Contractor's baseline schedule. Our team will discuss the project schedule with the contractor prior to mobilization and listen to any concerns or enhancements they have relating to the schedule. When both Contractor and Construction Manager agree on a schedule prior to starting the project, the project has a much higher rate of success! — _ _ _ _ - - - Joints will be separate pours. _ _ _ _ _ Saw tura recommended (TY -Dal---I Concrete Mixes Very Ihln pour. suscepUble to cra&ing.- Patterned Colored Concrete. The ambition of the AML is to truly live up to its name to where it will be a piece of art. The pathway will create an amazing user experience with its blends of colors and shapes. The issue is that each one of these colors and shapes will require separate concrete pours, which drives up costs and can lead to challenges with differential settling, joints/cracking, and color inconsistency between pours. The Anser team is very familiar with these types of challenges through our work on the North Park Mid -City project and the CV Link project. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 44 Professional Engineering Services, Arts and Music Line Project 15 1 Anser Advisory Nk Our Lead Inspector, Kenny Casados, has worked through all these types of challenges during the construction of the CV Link access points and branded banding. These sections consisted of similar intricate patterns which required their own separate pours. We worked hand-in-hand with the contractor to develop pour plans and methods to cut relief joints which have avoided over gs% of cracking. Prior to bid, Anserwill share our lessons learned with the design team to ensure contract specification language requiringsample panels, pour plans, doweling and saw cutting are all in the bid package. In addition, we'll recommend that language is in the contract which requires that the same mix design be used in sections, which ensures a consistent color product throughout the project Coordination with Cities, Utilities, and Future Projects We recognize the need to coordinate with many different stakeholders on this project, all of which the Anser team has existing working relationships with. A detailed description of our communication plan is discussed later. We also recognize that the AML is not the only planned project within the same footprint of work and that other agencies have their own projects to manage. The AML project is not scheduled to go to construction until Q2 of 2025, meaning there is ample time to coordinate any future projects currently planned with the stakeholders. However, this also means that it's likely that projects within our work limits will be completed ahead of the AML going to construction. The Anser team has extensive experience coordinating these kinds of efforts on many different projects including North Park Mid - City, Bayshore Barrio Logan, and of course CV Link. ■ On the North Park Mid -City project, we actively had to coordinate with the City of San Diego for outside projects such as annual slurry seal maintenance, installation of fiber optics lines, and new building development; all of which impacted our work zones. Our proposed Assistant Resident Engineer, Brandon McKay, actively managed each of the conflicts with our contractor. Preferred critical path activities were altered, and re -design work arounds were just some of the solutions the Anserteam came up with. ■ On the Bayshore Barrio Logan project, we are actively managing a scenario where a local City sewer project within our work limits has been substantially delayed, which in turn has caused the Anser-managed project to pivot. We have proactively worked with our contractor to sequence the preferred critical path components of the project, so that construction activities could continue. SECTION 4 (CONTINUED) We have many simi larexperiences on the CV Link project. CVWD has hadtwo projectswithin the channel which have affectedour ability to perform work in the areas, causing us to re -sequence work. The Dune Palms bridge replacement falls within the footprint of the current Segment 1 project which required the Anser team to revise start/stop locations. In the City of Palm Springs, the City had completed a small traffic calming project within the CV Link limits which was unknown toCVAC and the design team. Once construction began, our proposed Resident Engineer, Tyson Atwood, and Lead Inspector, Kenny Casados, actively worked with Donn byeno, then with Palm Springs, to incorporate the existing speed humps into the CV Lintz project. The Anser team is prepared to actively deal with any curvebal I that the AML project throws our way and our proposed team has a proven record of success in keeping projects actively progressing through all of these types of scenarios. ADA Compliance Public safety is a key component to the success of this project. Nearly every aspect of the project has to be within compliance of ADA standards. That means pathway cross slopes cannot exceed 29/o and anythingover5% in the travel path is considered a ramp and must be treated as such in the design. Through our workon many projects, but especially on CV Link, our inspection team has developed comprehensive spreadsheets which ensure compliance with all ADA standards, while being able to complete the checks in a timely manner. Our inspection team will document all ADA components using tape measures to a 1/16 of an inch and smart levels to the tenth of a degree to ensure features do not exceed the maximum allowable slopes.dimensions. If features are found to be out of toerance, the Contractor will not be compensated for the work until the ramp meets protect requirements. In addition to permanent ADA facilities, temporary facilities may be needed to guide pedestrians during stage construction and closed ramps. We could not find any mention of how the Contractor should contruct temporary ADA facilities in the contract documents, therefore we recommend that these temporary facilities follow the Caltrans Temporary ADA Facilities Handbook. COACHELLA VALLEY ASSOCIATION OFGOVERNMENTS 45 Professional Engineering Services, Arts and Music Line Project 16 1 Anser Advisory APPROACH/ WORK PLAN TO SCOPE OF SERVICES Bid Administration and Pre -Construction Assistance Schedule (a): Anser currently employs a team of critical path method (CPM) scheduling experts who are experienced in a variety of scheduling software, including Primavera P6 and Microsoft Project. For the Art and Music Line project, there will be three critical phases to completing the project which are: Completion of Design, Obtaining E76/Advertise/Award, Construction. A detailed schedule is shown toward the end of the proposal. Completion of Design is much more than simply just how long it will take for the designer to complete the drawings. This is the critical phase in which all the project stakeholders will have the majority of their input on the design. Anser has extensive experience working with all of the stakeholders on the project, including: Coachella Valley Water District (CVWD), Cities of La Quinta, Indio, and Coachella, as well as coordination with the Cabazon Tribe. Having worked with these agencies, Anser has extensive working knowledge of which agencies tend to stretch beyondtheir initiallystated review period. We also have a strong understanding that it will likely take multiple reviews before obtaining approvals. In order to setup an accurate schedule, it is critical to set realistic activity durations, as well as allowing for multiple reviews. Obtaining E76/Advertise/Award. There is an extensive package which is required as part of the approval package from Caltrans. The proposed Anser team are subject matters experts which in comes to the Caltrans Local Assistance Procedures Manual (LAPM) has successfully supported CVAG on a number construction package related to the CV Link program. Most recently, Anser was asked by CVAG to put plan packages and provide cost estimates for multiple Caltrans packages with just a few days turnaround deadline. Anser was able to quickly allocate resources and completed over 80 manhours of work in just 48 hours. Once the E76 is obtained, Anser will support CVAG in putting the bid package out for construction. Again, there are strict guidelines which must be followed in accordance with the LAPM. The advertise and award package is always the first item which is reviewed by Caltrans auditors during the initial project audit. Construction. Having managed dozens of bikeway projects, the Anser team are experts in not only putting together but managing these linear projects in which the critical path activities may frequently change. As part of this procurement, Anser has developed a probable construction sequence which the contractor would likely follow. This schedule will be further SECTION 4 (CONTINUED) updated as we progress from 65 to i00% design drawings. Additionally, as discussed in our Special Issues section, we will be sure that we capture any outside agencies projects which could potentially affect our project. Bid Processes (e): Once our constructability $ review is com plete, Anserwi I I then assistCVAG with putting out a bid package. As discussed s above, Anser has extensive experience putting together bid packages in conformance with the Caltrans LAPM. Once the project is advertised, as we did with CV Link, we can take the lead in answering any questions which may arise from potential contractors during that process. Once bids are open, Anser will complete a comprehensive analysis of the bid items to ensure that there are significant bid items which are unbalanced. We will also review each bidder package to ensure that they submitted complete and responsive bids. A large part of that review wil I be to ensure that the contractor has made accurate claims of the DBE goal participation, or a review of the "good faith effort," which would ultimately need Caltrans approval. Budget (b): Every successful construction project starts with a great estimate! Financial expectations determine which projects are started, but only accurate cost estimates determine which are completed within budget. Our in-house Cost Estimating group lead by Andy Kleimola, recognizes the importance of having reliable construction cost estimates before a shovel ever hits the ground. Accurate cost estimates are required to create project budgets, evaluate cost implications of numerous design decisions as design advances and to analyze the accuracy and fairness of contractor's estimate submissions. Not only does the AML add complexities to standard concrete pathway construction, it also incorporates a number of unique fiberoptic and other unique lighting elements, all of which are key to making the pathway a work of art. This is all in addition to the structural elements that wil I need to be bui It to connect the AML to CV Link at the La Quinta Access Point. These elements all come at a cost where budgets are limited. The success of a project hinges on getting the alignment of budget, scope, and quality right at the beginning of the project, as well as the maintenance of that alignment as design progresses. Our team of estimators will help confirm engineer's estimates, and when needed we can provide guidance to any discrepancies so that CVAG may have the most accurate information to make decisions from. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 46 Professional Engineering Services, Arts and Music Line Project 17 1 Anser Advisory Nk Communication Plan. Given the number of stakeholders on the project, having a formal communication plan and having contact information for all members is critical. The Anser team is unmatched not only its understanding of this, but also with having already established much of the groundwork requiredas part of this project. Through our work on the CV Link project, Anser and Burke Rix have already developed acommunication plan which contains most contacts which will be part of the AML communication plan. We will work with CVAG to refine this list and ensure that contact information is captured in an organized manner in a way that anyone new to the project could be brought up to speed with who the key stakeholders are by simply reviewing the document. Given the length of the project, it's likely that key stakeholders may move positions. As such, we recognize that our communication plan will always be a working document which will needto be updated throughout the life ofthe project. Constructability Review (c): As discussed in the Special Issues section, the Anser team brings knowledge of not only constructability issues, but also design guidelines, especially as it relates to bikeway facilities. As shown in the appendices, Anser has already began its initial list of field observations with the provided 659/o drawings. A thoughtful review of work adjacent to right-of-way lineswill be required throughout the project. During the construction of CV Link, Anser was able to identify several areas which required either a Temporary Construction Easement or Slope Easement. By identifying early, Anser was able to put all the document required in order to obtain these easements with zero delay to the project. In addition to constructibility review, Anser will utilize Steve Latino from Michael Baker to perform a comprehensive engineering review. Steve has recently worked side-by-side with Tyson on a number of bikeway project forthe City of Palm Desert. Their different backgrounds allow for highly detailed review of drawings which far expand beyond the typical constructibility review comments. Bluebeam RevuTM has become the standard software for constructability review comments, however not all firms use it to its full capabilities. Effective use of studio sessions, thoughtful layers, and summary reports are what set Anser constructability reviews apart. Anserwill mark up a set of plans on the PDFeditor. There are two benefits with this software which can improve efficiency and reduce review times between the project team. First, we can place the drawings in a cloud -based server where multiple team members can comment directly on the PDF. This will allow simultaneous reviews rather than back and forth commenting between the team. SECTION 4 (CONTINUED) Second, once all the comments are compiled on the marked - up pdf set, the software can export a review sheet, which clearly identifies the page number, comment and most importantly a picture of the item being discussed. This report is to supplement or replace the excel spreadsheet typically issued as the tracking log for the constructability comments. When reviewing comments, there is no need for a set of plans and excel sheet. This report will combine both and make for more efficient, productive meetings with the team. Additional sketches and drawing details containing recommendations for package improvements will be provided to supplement the comment log to ensure clarity. The comment/response log will be supplemented with full-size sheet plans with markups for each project. Mitigation Measures and Environmental Requirements (d): Through our experience on CV Link and other projects, Anser has a strong understanding of the environmental requirements required to complete the Art and Music Line. These will include mitigation measures for burrowingowls, nesting birds, and bats, among others. Additionally, there will be cultural requirements, at minimum, for work that takes within the Cabazon and Twenty -Nine -Palms right-of-way. Anser has teamed with LSA who has a local office in Palm Springs and had been providing local support to the Coachella Valley foryears. Along with Anser, LSA has personal working relationships with the local agency representatives, including)acob Skaggswith the Departmentof Fish and Wildlife (CDFW). Anser, with the support of LSA, will complete a thorough review of all environmental documents and place relevant items in our CPM schedule. A risk analysis of the current construction schedule will be reviewed with the CVAG so that thoughtful decision on when to release projects to bid can be made. We will take extensive care to ensure that all environmental requirements are capture in the projects Special Conditions and the time of bid. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 47 Professional Engineering Services, Arts and Music Line Project 18 1 Anser Advisory Construction Management QProject Administration (3) �M Procedures Manuals (c, g, h): The Anser Team 0 understands that we will have to create and maintain hundreds of documents throughout the project duration to provide proof that the project was administered in accordance with Local, State and Federal guidelines. The requirements of the Caltrans Local Assistance Procedures Manual (LAPM) provide the minimum filing system thatwe must adhere to. However, a project of this size wi I I require that we implement the full filing system established in the Caltrans Construction Manual. Anser's Resident Engineer, Tyson Atwood, and Document Control specialist, Amelia Fitchett, have expansive experience utilizing the Caltrans filing system and together have successfully passed many Caltrans audits, including ones for CVAG, typically with just minorcomments. Coordination & Reporting (b, d, j): Open communication is one of the keys to success of any project. The Anser team has an existing working relationship with not only CVAG, but the majority of stakeholders on the project. As discussed above, Anser understands the importance of having a written plan when dealing with so many stakeholders and partners on the project. Once the project is awarded, the Anser team will kick-off the project with a pre -construction meeting which will include all project stakeholders. Clear lines of communication through the Anser construction management team will be reinforced at this meeting. During the construction phase, it is crucial to keep all stakeholders informed of the progress of the project. In order to manage the flow of information and keep the focus on the important issues, Tyson will institute weekly contractor progress meetings. Again, all stakeholders, such as the contractor, CVAG, the design engineer, CVWD, RCTD, and all Cities and Public Relations Officers will be invited to attend. Minutes of issues, discussions, statements, and commitments will be recorded and distributed after every meeting. Weekly and monthly Construction Progress Report will be provided to CVAG staff and other stakeholders as approved by CVAG identifying the progress made, upcomingwork, and any issues that have or may be developing. Anser is very familiar with the formatting requirements for these reports as Anser helped develop many of the standard reportsstill used by CVAG as part ofsetting up the document control system on the CV Link project. Progress Payments (a, e, 0: Priorto biddingthe project, Anserwill ensure that there is specification language which clearly define the payment schedules of the project. Anser will follow the time -tested procedures established in the Caltrans Construction SECTION 4 (CONTINUED) Manual for the tracking and payment of materials placed by the Contractor each month. Daily reports become the basis of documenting the material placed by the Contractor. This information is transferred to quantity (or Q) sheets that are established for each item of pay. All quantity sheets are backed up with calculations, photos or other means of verification, and are checked by an independent party prior to being submitted to Tyson. Payment vouchers are generated, along with a breakdown of reimbursement from the various funding buckets on the project. Monthly estimates are submitted to CVAG after discussion with the Contractor and confirmation that payment items are accurate. A detailed discussion on the process can be found in the Cost and Schedule section. Monitor Contractor's Schedule (i): We will ensure that the Contractor is complying with the requirements of the monthly schedule updates and closely monitor the critical path to avoid delays and disruptions whenever possible. Non -working days anddays added bythe change order processwill be incorporated into schedule updates. Our unique approach to scheduling is discussed in detail in the Cost and Schedule section. Partnering (1): Anser firmly believes and practices proactive management on the job and will make every attempt to resolve issues at the lowest level possible. As discussed later in our approach to claims, even when there are disputes on a project, Tyson maintains the highest level of professionalism and never takes a difference of opinion personally. While we have a proven track record of being able to resolve disputes, should CVAG feel that a partnering session is needed, Anser will participatewith an open mind. Quality Assurance Program (QAP) Manual (m): Anser has managed hundreds of millions of dollars in federally funded projects, as such, we are extremely familiar with the Caltrans Quality Assurance Program in addition to the approved CVAG Quality Assurance Plan (QAP). The Anser team is currently administering the CVAG QAP by accurately tracking the quantities of all materials placed on the project to ensure that we are meetingthe minimum testing requirements as outlined in the CVAG QAP. To increase cost effectiveness, Anser has teamed with Earth Systems who will perform all of our Quality Assurance Material Testing. Earth Systems has a Caltrans accredited laboratory locally in the Coachella Valley, along with local staff who are also Caltrans certified. It is through these accreditations that we will comply with the Independent Assurance (IA) requirements of the QAP Manual. Labor Compliance (n): Standards established by the Department of Industrial Relations (DIR) require that Contractors adhere to specific pay requirements and submit certified payrolls to the managing body. Daily reports, along with employee EEO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 48 Professional Engineering Services, Arts and Music Line Project 19 1 Anser Advisory interviews form the basis for reviewing contractor certified payrolls. During audits of construction records, certified payroll records are an area that is most often reviewed. Tyson has extensive experience providing Labor Compliance administration and will be supported by Chia -Chi Wang of our DBE subcontractor, DESI. Any deficiencies will be reported and pursued. Withholding of payment may be utilized to achieve compliance. Environmental Compliance (h): As previously discussed, Anser and LSA will ensure that we are meeting all the environmental requirements set forth in the environmental documents. In the construction phase, we will ensure that our contractor is complying with all of the environmental requirements for the project that would now be in the special provisions. We are anticipating that the majority of the environmental monitoring will be required to take place at the two ends of the projects which tie into CV Link. Through our work on CV Link, we know that the surrounding area around Promontory Point has cultural resources which require additional monitoring. We also know of similar requirements at the Dillon Road connection, which takes place on tribal lands. In addition, monitoring of burrowing owls, bats, and other nesting bird will be required along the channels and under the bridges. From our initial site walk of the evacuation channel, we did notice a hest inside one of the bridge abutments which will need to be addressed prior to construction. SWPPP AQMD, and Environmental Coordination (o, p): Construction activities are ever changing for various reasons throughout a project, thus the reasons for continuous monitoring on a project. Knowing the appropriate BMP's for various construction activities is key to properly implementing a SWPPP and Dust Control Plan, especially on a project with so many working locations. Our team is extremely experienced in both Storm Water and Air Quality as Tyson is a Qualified SWPPP Developer's (QSD) and is also SCAQMD Coachella Val ley Fugitive Dust Control certified. Tyson and members of the Anser team are well versed in the new requirements set forth in the 2022 Construction General Permit which will become effective September 7, 2023. Projectdust is always a challenge when working in the Coachella Valley, thus the additional requirement unique to the Coachella Valley in which the contractor will be required to submit a Dust Control Plan to AQMD. We have found that dust can be SECTION 4 (CONTINUED) especially challengingwhen workingwithin the channels. Often times, dust complaints are blamed on the project, when in fact the dust in large part is a biproduct of high winds and regional dust. Anser has extensive experience with managing dust throughout the valley. On the CV Link project, Anser wrote a change order to the contractor to apply temporary tachi Fier to areas within the channel so that it could be proven to AQMD that the project was doing everything possible to stay within compliance. We will take this lesson learned and ensure that such dust control measures are requirements in the contract documents during the constructability review phase. In addition, Anser will ensure that the Contractor maintains properly permitted dust levels, as well as minimizes project track out from the site. Each project will have some scope of work requiring concrete, so our inspectors will ensure the contractor has washouts setup to rinse out the trucks. Tyson will continually monitor the site for compliance and strictly enforce that all mitigation measures described in the Dust Control Plan and/or SWPPP are being implemented and documented on a daily basis. As-Builts (q): As part of our daily and monthly documentation we will maintain "As -Built" drawings. Developing these items in a contemporaneous fashion ensures the most accurate memorialization of the activities as they occur in the event of a time impact or dispute. We will keep a "Live" as built set of plans using Bluebeam Studio Software. This will be a tool that each memberoftheAnserTeam can utilize andwill have access tothe most current set of plans at any time. At the end of the project, these electronic files can easily be bundled and transmitted to be updated into the electronic plan set and transmitted to CVAG, and all applicable stakeholders, for archiving. iTConstruction Coordination (3) ❑ Active construction coordination is discussed a through various section of the proposal 0 = such as our under of project stakeholders, Q= communication plan, and SWPPP coordination. As demonstrated throughout this proposal, Anser has a strong understand of the coordination required to complete the AML project. Tyson Atwood, will lead the Anser Team as the Resident Engineer and looks forward to continuing his work as being the day-to-day contact with many of the same parties associated with the projectwhich he is currently workingwith through his workwith the CV Link project. Construction Inspection (4) Field Inspection (a -q): Anser offers experienced Czeand qualified inspectors with extensive experience with Greenbook and Caltrans COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 49 Professional Engineering Services, Arts and Music Line Project 20 1 Anser Advisory Nkl standards. These individuals will provide daily on-site observation and inspection of required materials, equipment, and methods of construction and assure that the project remains in compliance with all contract documents, permits and regulations. Our inspectors are also cross trained and versed in compliance as it relates to ADA, traffic control, SWPPP and AQMD PMio inspections. Our digital daily inspection reports discuss conversations, labor, equipment, quantities, location and full description of work completed during the shift, as well as adherence to the compliance aspects of the Contract backed up with photographs. These daily reports are the backbone of hour our quantity (Q -sheets) are generated during the progress payment, which is discussed in the above section. Our work plan is to eliminate surprises to CVAG by being proactive in working with the Contractor to identify and resolve deficiencies or problems as quickly as possible at the field level. Our inspectors will utilize the three (3) week -look - ahead -schedule to properly advance the construction effort by looking ahead, and by assisting the Contractor in resolving issues before they become problems. All work will be inspected for conformance with contract plans, specifications, and current specified and standards. Inspection documentation, processes, materials testing, and quality assurance will all be in accordance with CVAG and Caltrans Quality Assurance Manual. Comprehensive and accurate daily records of field activities become the go -to document when a dispute comes to light. Early recognition of an issue allows added opportunities for resolution. If extra work is required, accurate documentation is critical to determine the actual costs incurred and come to an accurate evaluation of cost. When disputed work is not resolved by change order, it must continue under a potential claim. In this case, the Anser Team will create a file number to track the Contractor's effortwith added scruti ny. Accurate documentation of manpower, equipment, and materials will allow us to disallow or minimize the cost of disputed extra work. Project Support (5) Construction Surveys (a -d): Anser has teamed once again with the local branch office of Michael Baker International (MBI) to provide surveying services. MBI understands the importance in providing high quality services. The team we have assembled for this project propose to carry out those services to enhance the CVAG's outstanding reputation in providingtheCoachellaValley with safe, reliable transportation and amenities throughoutthe COACHELLA VALLEY ASSOCIATION OFGOVERNMENTS Professional Engineering Services, Arts and Music Line Project SECTION 4 (CONTINUED) Valley. Our approach to the project is a proven and efficient team approach with California Licensed Land Surveyors engaged in every work task throughout the scope of work. The local Palm Desert Office currently has four (4) Licensed Surveyors and four (4) fully capable field crews employed full time working on Coachella Valley Projects. Many times, it is the surveyorwho discovers an inconsistency or deviation from design. While it is intended that deviations from plans do not occur, they inevitably may. Minor deviations are normal and can be dealt with routinely by the Party Chief and the Resident Engineer, who will keep the staff informed. When a plan deviation is other than minor in nature, the Party Chief will assess the problem and gather enough survey information for the Resident Engineer to resolve the issue without undue delay. TheAnserand MBI team have an extensive working relationship when it comes to fixing errors in the {geld, as the CV Link project has been rattled with elevation busts throughout the project. TheAnserandMBI team have worked together to obtain additional pothole and elevation data ahead of when the contractor wants to begin their work. Working together, we have saved CVACio's, if not, ioo'softhousands ofdollars in additional re -work costs. In addition to construction staking, the Anser and MBI teamed have worked through a number of right-of-way issues on the CV Link project as well. MBI has assisted Anser and CVAG in preparing legal documents which have enabled CVAG to get necessary temporary construction easements and slope easements which were not previously identified but required in order to complete the CV Link project. Material Testing/Source Inspection (e): Anser has teamed with Earth Systems who will perform all material testing and source inspection. Earth Systems has extensive experience throughout the Coachella Valley and currently provides on-call geotechnical service to Riverside County Flood Control and Water Conservation District, Riverside County Transportation Department, the Cities of Rancho Mirage and Indio. They also often work on projects for the Cities of Palm Springs, Cathedral City, Palm Desert, La Quinta and Coachella, as well as Coachella Valley Water District. They have a local, Caltrans certified laboratory located in La Quinta. Public Outreach (c): Anser has once again teamed with local small business, Burke Rix Communications (BRC) to helpsupportourpublic outreach effort. BRC has extensive experience in providing a wide array of community outreach services on large infrastructure projects. Their team maintains relationships with community leaders and stakeholders throughout the region and particularly in the Eastern Coachella Valley. BRC has a positive track record in working closely with CVAG on CV Link and has 50 21 1 Anser Advisory 1 demonstrated to the public that the agency can deliver quality transportation projects with a community driven approach that is transparent and timely. The Anser and BRC is able to hit the ground running in providing timely and efficient outreach and communication services forthe AML project. Putilirnuh,Pnr.7 BRC is currently provides public outreach and communications services with Anser on the construction management of the CV Link project. In this role, BRC closely coordinates with local agencies that include the AML cities of La Quinta, Indio, and Coachella. BRC also coordinates with many of these cities police departments as well as with other stakeholders such as the Desert Sands Unified School District, Desert Healthcare District, SunLine, property owners, chambers of commerce, community-based organizations, and bicycle groups. BRC proactively coordinates with these stakeholders and the public to inform and raise awareness regarding project updates. The BRC team has developed and disseminated bilingual notices, social media tool kits, and signage. They also regularly maintain the project website and social media channels. BRC manages the construction project hotline coordinates with our team on quickly responding to inquiries. As a local firm, BRC can connect with residents and businesses on a personal level and immediately respond in person. All calls and any subsequent response are logged for the record and maintained. Construction Communication Plan As discussed in preconstruction, BRCwill develop a Construction Communications Plan for the AML that will be a comprehensive document designed to guide construction communication and outreach in a timely and easy -to -understand format that leads to public understanding and support of the project. The Construction Communications Plan will also address planning for project -related emergencies, notices, website content, newsletters, social media, coordination with local agency PIO's on outreach, coordination with the AML Non -Infrastructure Program Manager, and presentation materials for various audiences. BRC provides most of these services now for the CV Link project and can streamline these efforts for the AML project. Community Meetings and Events The BRCteam will help plan, facilitate, and promote community meetings and presentations prior to construction and throughoutthe projectas needed. BRC has extensive experience leading virtual and in-person meetings for CV Link and many other projects. BRC worked closely with CVAG staff on the first CV Link ribbon cuttingceremony in Palm Springs and Cathedral City as well as the groundbreaking ceremonies in Palm Desert, La Quinta, and Indio. All of the ceremonies were promoted by BRC in partnership with CVAG and were very well attended! The BRC team handed event logistics and marketing that included rentals, signage, colleterial materials, and photography/video SECTION 4 (CONTINUED) services. BRC offers full-service in-house event services that include: • Event Planning Er Logistics • Program Development • Design and Production of all Collateral Fr Marketing Materials in English and Spanish • Event Marketing, Advertising and Public Relations Public Outreach Events and Stakeholder Management As part of the team that Iaunchedthe CV Linkproject, BRC helped lead the unique approach in utilizing the many community events in the Coachella Valley to help educate, raise awareness, and receive support about the project. BRC strategically identified community events throughout the Valley and created an engaging booth with project literature and promotional items to iNk vut* engage visitors. BRC staffed dozens of events over the years for CV Link and created a large database of people interested in the project that were segmented and contacted for various LINK communications. The BRC team includes bilingual speakers that can help interpret at events and translate materials. This experience gives BRC the ability to fully support the AML project and the Non - Infrastructure Program with any public event. irl* COLLATERAL MATERIALS BRC has an in-house award-winning graphic designer with extensive experience developing all types of bilingual collateral materials that can include: » Project Factsheets, FAQs, and Notices • Signage and Posters • Promotional Materials • Direct mail PowerPoint presentations COACHELLA VALLEY ASSOCIATION OFCOVERNMENTS 51 Professional Engineering Services, Arts and Music Line Project 22 1 Anser Advisory Our team can also provide in-house photography as well as project management on video and drone services. BRC currently maintains the CV Link project website and can quickly with the CVAG Public Information Office to create content for the AML tab on the CVAG site. The BRC team's experience workingwith CVAG IT and managingthe CV Link and other program sites will allow work on the AML to be seamless and consistent. Permits (d): Havingworkedextensively throughout the Coachella Valley, Anser is well versed in the various permits required to complete a project such as the AML. We anticipate that there will be dozens of permits required to complete the project. Each Citywill require multiple permits to complete work within their right-of-way; as will CVWD, County of Riverside, and the Tribes. In addition, there will be environmental permits such as the stormwater general permit, AQMD permit, as well as requirements notyet knowwhich will be identified in the NEPA documents, which our teaming partner, LSA will identify and ensure compliance with. While this may be significantly higher than the average number of permits required for a typical construction project, the Anser team is managing twice as many on the CV Link project. We have existing relationships with all of the permitting agencies and have built a level o f trust with all those which administer these permits. The Anser team will continue fostering those relationships and ensure that we are in compliance with all permits throughout construction. We will continue to reviewall permits at minimum of a monthly basis to ensure that extensions are filed and executed well ahead of the expiration date, ensure no lapses in permits. Cost and Schedule (6) S Cost Control (a): At the beginning of the project,AnserwiIIsetupamasterspreadsheet which tracks payment quantities of each bid item, as well as total payment amounts each month to the contractor. Change Orders, Extra Work, and Potential Change Orders will all be tracked in their own report. Additionally, payment for Owner Furnished Materials and Materials on Hand will be separately reported on. A monthly project summary report of all these items will be providedto CVAG on a monthly basis. Tyson will closely monitor the project contingency and report on it on a monthly basis. We will analyze both bid items and CCOs to estimate the total contingency used. It is imperative to communicate the project's budget with CVAG so that project mitigation measures can be made and/or additional contingency funds can be secured. SECTION 4 (CONTINUED) At the end of each pay period our i nspectors wi I I prepare Quantity (Q) Sheets that clearly and accurately calculate the quantity of work completed in the past period. The quantity sheets wiII show calculations or field measurements to justify proper payment to the Contractor. Upon completion by the field inspector, the Office Engineer will check the Q Sheets for accuracy and input the quantities into the Anser tracking log spreadsheet. Prior to finalizing the payment and submitting to CVAG each month, Tyson will perform a final check of complete payment package. With multiple locations and various site conditions on each project, it is possible that some items may experience quantity overruns. The Anser team will closely monitor each item of work and look for trends early in the operation that could raise red flags of an overrun. If that does happen, Tyson will immediately bring it up to CVAG and begin to form mitigation ideas in order to save project costs. Tyson has had great past success managing cost overruns. While a Resident Engineer on the County of San Diego AC Overlay project, Tyson accurately forecasted that the asphalt concrete (AC) quantity wasgoing to be severely overrun. Due to this, the design engineer was able to revise originally proposed treatment types from mill and inlay to overlay, saving on AC tonnage. Ultimately all planned roadways were completed with an AC treatment and the project finished sl ightly under budget. Schedule Control (b): Minimizing impacts to the traveling public, local residents, and businesseswiII be critical to the success ofthis project. There are time sensitive notifications, submittal review times, and utility notifications that will need to be incorporated into the project specifications so that the Contractor can list these critical items into the CPM baseline schedule and tie them to a specific activity. During each monthly update review, the engineer and Contractor can look at these items to ensure the team is making the proper notifications to the utility or turning in and reviewing submittals. We ensure that the Contractor is complying with the requirements of the monthly schedule updates and closely monitor the critical path to avoid delays and disruptions whenever possible. Our unique approach involves analysis of the Contractor's schedules on a weekly basis, using the information from our inspectors' daily reports, meeting minutes, submittal logs and other project records. This schedule analysis approach COACHELLA VALLEY ASSOCIATION OFGOVERNMENTS 52 Professional Engineering Services, Arts and Music Line Project 23 1 Anser Advisory NN SECTION 4 (CONTINUED) is extremely proactive and provides CVAG with notice of any potential delays. We believe the project schedule isacritical tool for managing project completion, when fully integrated into the 4 project's requirements. Ourexperience indicates thata proactive scheduling approach with clear specifications and effective administration is a proven method to reduce risk and liability on the successful completion of the project for both CVAG and the - Contractor. The construction management team enforces the scheduling requirements in the Contract provisions, which are key to place the project in a positive position in case of claims. Our team is versed in Primavera P6, Phoenix, Expedition, Claim Digger, MS Project and other programs. We have experience dealing with various schedule types, and specific analytical approaches, including CPM, fragnets, move in schedules and contemporaneous period analysis as an effective method of characterizing and quantifying delays. Our unique approach involves analysis of the Contractor's schedules on a weekly basis, using the information from our inspectors' daily reports, meeting minutes, submittal logs, Weekly Statement of Working Days, and other project records. This schedule analysis approach is extremely proactive and provides CVAG with notice of any potential delays. We believe the project schedule is a critical tool for managing project completion, when fully integrated into the project's requirements. Ourexperience indicates thata proactive scheduling approach with clear specifications and effective administration is a proven method to reduce risk and liability on the successful completion of the project for both CVAG and the Contractor. We have experience dealing with various schedule types, and specific analytical approaches, including CPM, fragnets, move in schedules and contemporaneous period analysis as an effective method of characterizing and quantifying delays. CM Staffing Plan (c): During the Baseline review, our Resident Engineer, Tyson Atwood will sit down with our Project Manager, Lucas Rathe and CVAG to discuss potential staffing needs. We will identify key activities in which part-time personnel will be required. We will also analyze the anticipate location of each overlapping activity to ensure that we have adequate resources to ensure Quality Assurance of the project. Anserfield personnel arewell cross trained and can manytimes fulfill multiple project roles.Wewill lookforopportunitiesto utilize staff inthis manner, reducing the total number of hours required on the project. Our proposed resource plan will be shared with CVAG for additional input and approval. Should major changes be made to the project schedule, Tyson will again work with Luke to ensure that we have the proper amount of resources on the project. Contract Change Order and Claims (7) Change Orders(a-d): Whether it bean unknown utility, design omission, or Owner requested design modification; change is an inevitable part of construction. Anser will advise CVAG of all situations when a contract change order should be submitted to the contractor. Proper backup documentation, emails, approvals, relevant photographs, and reports are always kept in the project file to support the terms of the Change Order. Anser's primary mechanism forchange managementwill bea negotiate lump sum agreement. For these agreements an independent cost estimate (ICE) will be provided with each change order. If the scope cannot be clearly defined, or if Tyson cannot agree to a cost with the Contractor, then a Force Account Contract Change Order (CCO) will be issued. Tentative agreements will be issued daily by our inspector to the contractor for all work which is beingtracked under force account, for any work which may later be disputed. Anser will write the change order, accompanying memorandum, and package all backup necessary prior to submittingto CVAG forfinal approval. Claims e:Anserbelievesandpracticesproactivecommunication and proactive management which promotes collaboration on the job and will make every attempt to resolve issues before they become disputes. However, we will vigorously defend the interests ofCVAG and explicitly enforce the contract documents. Our Team employs claims experts with a proven track record with Caltrans and other public agencies on projects of all sizes. The Anser Team brings valuable "lessons -learned" and as - needed advice on resolving and mitigating potential contractor claims. The core of the Anser Team Risk Management strategy is to ensure assembling a well-defined bid document. We will monitorall site records of events, labor, materials and equipment for potential claims or delay issues. This contemporaneous data will be essential when analyzing a contractor's claim and crucial to refute parts of it. Our team will assemble complete "issue binders" of every issue that will contain all relevant RFI's, change orders, correspondence, pictures, inspector's dailies, cost analysis and schedule analysis. These documents will be electronically linked in our document control system for easy retrieval by CVAG staff for review. Our objective will be to minimize misunderstandings by providing clear and concise analysis of all the major issues on the project. COACHELLA VALLEY ASSOCIATION OFGOVERNMENTS 53 Professional Engineering Services, Arts and Music Line Project 24 1 Anser Advisory Safety (8, a -d) Safety is Anser's number one priority. This includes the safety of the travelling public, the contractor, and our team. We adopt a zero -tolerance culture for preventable accidents to ensure that every team member and public drivers go home atthe endof the day. Every memberofourconstruction team has an obligation to never walk by an unsafe act. We will require the contractor to submit an Injury and Illness Protection Plan (I I PP) for all their operations for the project and make sure the contractor is held accountable for enforcing their plan. If we see something that goes against the Contractor's plan, we will shut down the operation and call a meeting to make sure safety is the numberone goal of the project. Safety is the responsibility of everyone on the team and, at minimum, we will perform document weekly and monthly safety checks which will be sent to our contractor and filed as part of our construction files. For the Art and Music Line project a few of the high priority safety items the Anser team will lookout for are machinery working in close proximity to each other; traffic control; fatigue due to hot weather conditions, and slips, trips, and falls. Additionally, there will be added safety requirements when working in the La Quinta Evacuation channel. This includes fall protection, both during and after the CIP retaining wall construction, carbon monoxide monitoring for equipment uses underneath the bridges, and low objects as we will be in close proximity to the existing bridge decks and hanging utilities. Finally, it's likely that we will need to remove some hazardous materials/waste as a result of the existing homeless encampments. The Anser team has experience with this on the CV Link project and will ensure thatthere is a bid item allowance for such cleanup at the time of bid to ensure the safety of our workers. LL .nwww��r. ..: � 1 SharePoint example - Project Closeout SECTION 4 (CONTINUED) Project Closeout (9, a -h) Anser believes that punch list items should begin well before the near completion of a project. Following this logic, Anser has established an innovated way to streamline this process utilizing an interactive, "live' and always up-to-date punch list. This web -based punch list (using a cloud -based software such as Microsoft SharePoint; please reference the bottom left example) can be viewed by anyone at any time and is always current. Anser has even developed an app for easy data entry. The benefit is that the CM, contactor, and other agencies can have certain permissions to view, update and status the log. The CM inputs items on the logwhich the contractorcan view, correct the items, and update the logonce the item is complete. The CM will receive notification that punch list items are completed and can verify completeness in the field and update the list. This log can be accessed and modified in the field using a smart phone or other mobile device. This streamlined process eliminates the needs for meetings, reduces the number of transmittals to/from the contractor and increases efficiency of the project team. Anser has had a lot of success using this feature on the Segment i CV Link project. The punch list has evolved into a project completion list with several different ways to f 1 ter the data that make management of long, linear project much more feasible. We would implement a similar system which would be tailored for the features of the AML project. As discussed early, throughout the duration of the project, our Resident Engineer will keep an electronic set of "as -built" plans utilizing the Bluebeam software previously described. In utilizing the Bluebeam software, this ensures that A) our Field Inspector always has the latest information, and B) as -built packages are complete and ready to send to the design engineer for review at the cl ick of a button. Tyson will complete both a proposed and final payment to the contractor. Hewill assistCVAGwith filingof all required closeout documentation, including the "Notice of Completion" He will supply CVAG and applicable stakeholders with a separate package containing all manuals, warranties, and other such guarantee's as they relate to the individual project. As part of the final deliverable of all project files, a final project report, which will include lessons learned, will be reviewed with CVAG. Anser will complete all project closeout activities in accordance with Caltrans LAPM requirements. Anser has provided the following Responsibilities Matrix on the subsequent page. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 54 Professional Engineering Services, Arts and Music Line Project 25 1 Anser Advisory The following includes a detailed breakdown of hey responsibilkities by personnel. Arts & Music Line Responsibility Matrix P= Primary Responsibility =Support Rolea R= Review = Approve C = Consult if Necessary ''' v .� °C c m N a w e E. L o `u H a z M v n a LL ° = E u`o a \ z c u�i 2 ~ ,. Randy Bowman Tyson Brandon Amelia Scott Kenny Var. Melanie Chia -Chi Shawn LSA MBI Atwood McKay Fitchett Walker Casados Lopez Wang Paroline Earth Systems RE Weekly Report C P S S Weekly Progress Report R A R SP Monthly Report R A P S Labor Compliance/EEO Review C A R S P DBE Compliance Review C A P SNR 5 5 QC Testing Review C A P SQA Testing Review C A P S Progress Pay Estimate C A P S S 5 Weekly Statement of Working Days C A R P Change Orders A A P 5 5 S Q Request for Information (RFI) Review C A P S S Submittal Review C C P S S S LAPM Document Control C A R P R Construction Staking Request C C A S R P Material Testing Coordination C C P 5 5 S R Utility Procurement C C S S P Bi -Weekly Safety Meeting C A P S S S S S S S S S S Schedule Review C A S 5 P SWPPP Monthly Check List C A R P Field Daily Report C A R S R P P Construction Staking/Cut Sheets C A R S S P Safety Review/ReportingReview/Reporting C A R S P 5 -p SWPPP Field Review C A R S P 5 N Labor Compliance Interview C A R 5 P 5 R R LL Environmental Compliance C A R S P Punchlist&Completion List C A R S P 5 Non -Conformance Report C A P S 5 5 s QA Material Testing C C R 5 S S S P COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 55 Professional Engineering Services, Arts and Music Line Project 26 1 Anser Advisory METHODS FOR QUALITY, BUDGET AND SCHEDULE CONTROL Anser prides itself in successfully delivering projects with the highest quality of work productwhile meeting our clients' needs and expectations. Our quality procedures encompass all aspects of our performance. We implement project management procedures to assure accountability of the team using the project control methods described below to keep this project on schedule and within the authorized budget. Additionally, we have quarterly internal audits that vet the completeness of daily reports and confirm that only relevant and contractual information is recorded. Project Management Plan for Successful Delivery In accordance with Anser standard procedures, Lucas Rathe, PE, our Project Manager, develops and issues a Project Management Plan (PMP). The PMP details our management and technical plan for successfully delivering your project, including quality procedures, and details the following subjects: Project Overview. Describes the overall project, your project goals, your expectations of Anser, and our scope of work. Organization/Roles and Responsibilities. Provides for a clear chain of command, confirms the role and decision-making authority for team members. This can also be used as our communication plan. Deliverables/Schedule. Ties deliverables to the schedule, details deliverable requirements andstandards, and includes a copy of the contractor's detailed schedule once it is issued. Document Control Procedures. Details how we will manage hard copy and electronic files and provides a quick reference sheetforthe filingsystem. Inspection and Sampling/Testing Procedures. Provides a quick reference sheet for inspection protocols with references to standards, forms, and requirements. Standard Forms. Provides easy access to all forms we will use on this project. All forms will be in accordance to the Caltrans Manual. The PMP is issued to every project team member, including CVAG, andweaskteam members to reviewandsign itto confirm that they have read and understand our approach to delivering the project. The PMP is regularly updated to reflect the current status of the project and any changes that have occurred, such as changes in standard forms. Using the PMP we align the entire team around your goals, objectives, standards, and requirements. This approach enables us to achieve consistent and predictable results the first time and helps us avoid costly and time-consuming rework. SECTION 4 (CONTINUED) In addition to planning for quality, we regularly verify that we are following the plan and meetingyour expectations. Verifying compliance is the responsibility of our Resident Engineer, Tyson Atwood, who performs periodic quality assurance audits to confirm that procedures we comply with all project standards and procedures, including: • Field Safety » Office Procedures • Submittal tracking and review • Timely schedule review and monthly updates • Project f le organization • Timely daily reports • Timely RFI review and response • Timely response to claims notices • Accurate monthly progress payments with support documents • Timely meeting minutes • Material testing requirements and resolution of disputed test results • Documentation for project permits • Timely contract change orders and independent estimates review • Current As -built status • Timely issuance of Relief of Maintenance Following the audits, improvement notifications are issued for any deficiencies and Luke will follow up with the CVAG PM to confirm that appropriate corrective action is taken. To meet or exceed your expectations, Luke will meet with CVAG every six months to perform an evaluation of our team where we ask you about our performance. Following this discussion, Luke will meet with Tyson to provide feedback and help the team adjust how we perform our work so that we provide you greater satisfaction with our services. The end result of our approach is continuous performance improvement over the duration of the contract. In addition, the Anserteam will work closely with CVAG to verify and monitor contractor's adherence to the contract Special Provisions, Plans, Standard Plans and Caltrans Manuals as it pertains to Quality Assurance (QA.) QA testing and inspections will take place to ensure the accuracy and compliance of the work. QA sampling and testing will be in accordance with Caltrans Test Methods (CTMs) per the frequencies dictated in the Caltrans Construction Manual, Testing Frequency Tables. Test that are not covered by CTM will be covered by American Society for Testing and Materials (ASTM) International. A Caltrans certified laboratory shall always be utilized to perform soils and material service testing to validate contractor's test results. The Anser team will ensure that all test machines are calibrated annually or more frequently using devices of accuracy traceable to the National Bureau of Standards. Batch plant and source inspections shall take place by individuals that are certified forthis type of sampling. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 56 Professional Engineering Services, Arts and Music Line Project 27 1 Anser Advisory N Anser will keep daily reports and logs to track the stages of the work, progress, and any required Quality assurance testing. The logs will track test performed and their results, samples taken, and any test or samples taken by the construction management team will assure current status of certifications, non-compliance reports (NCRs), submittals, and any other aspect of quality assurance and inspection that should be tracked for compliance and proper record keeping. Document Control The Anser team, led by Tyson Atwood, will establish, manage and coordinate a document control system to manage and store all project - related information for the Project. We are well versedwith the Caltrans uniform filingsystem and intendto use the same system both electronically and hard copy. A unique tracking numbersystern will be implemented to provide control of all documents, records, reviews, and writings, and to provide for expediting the transmittal of all construction documents. This tracking system will account for all letters, memos, submittals, shop drawings, change orders, Requests for Information, Request for Qualifications, notice of potential claims, suspended correspondence, and all other pertinent sources of information. Tyson will also establish and maintain an issue tracki ng system. Both tracking systems will use a unique numbering system to ensure document control. The system will contain all issues requiring the attention of all stakeholders. All meeting minutes will be recorded sequential ly to ensure that al I actions items are tracked and completed in a timely manner to avoid potential project delays. We will utilize an electronic system to allow complete storage of all project documents electronically in addition to customary storage of hardcopy documents in accordance to the Caltrans uniform filing system. Upon completion of each project, all hardcopy and electronic documents will be transmitted to CVAG. Cost Control We understand the importance of delivering projects within budget. We have a history of completing construction projects on time and within budget. Value engineering is an excellent method to reduce the project costs. We constantly look for means and methods to reduce the project cost while being thoughtful to not create impacts to the public or the cities. Our team is experienced in identifying and quantifying items to enhance the quality of the project while reducing lifecycle costs. Through partnering, the contractor is encouraged to also find ways and means that benefit both the contractor and CVAG, providing a win—win situation. Using SECTION 4 (CONTINUED) experience, the CPM schedule and a five-week look -ahead schedule, we are proactive in "looking ahead" of the contractor's operations to identify issues that may impact costs, and we make every effort to provide solutions and present them to CVAG. If an extra cost item cannot be completely eliminated, we evaluate the contractor's change order requests to ascertain validity, merit and appropriate costs based on an independent cost estimate. Contractor monthly pay estimates are reviewed for content and financial accuracy and are certified. Schedule Control As discussed in the Cost and Document Control section, our team will review and provide comments to the baseline schedule submitted by the contractor. The team will review and monitor progress on a weekly basis by walking the site and recording actual status and developments. All inspectors will be required to note down the accuracy of the milestones, start and completion dates indicated in the approved baseline schedule. Anserwill reviewthe monthly updates in a timely manner. These updates are critical not only to establish exactly how the project is being built, but also to flag emerging issues and trends. Trend reporting will be used to track the changes in float for all areas of the project, flagging those areas where the available float is indicates lack of progress or exceeding planned progress and to further identify the specific factors that caused the occurrence of the change. This method ensures that problem areas are not overlooked by all stakeholders and are identified prior to the activity becoming critical. The report also provides the explanation of the root causes for a delay in the project and makes it an important defense for future claims. Any proposed change resulting in altering the critical path or near critical path or extending the schedule completion date that was originally identified in the approved baseline, the contractor will be required to submit a revised schedule and a time impact analysis (TIA) immediately in accordance to the special provisions. Anser will immediately analyze the TIA after an event occurs, and, if possible, prior to the start of the additional work. We will ensure that the review of the TIA is completed prior to the start of the additional work in order to recommend the issuance of the change order to increase the contract duration and price, prior to performing the additional work. We will analyze the effects of events and added work in a timely manner. 1 _ — 4- 1 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 57 Professional Engineering Services, Arts and Music Line Project 28 1 Anser Advisory PROPOSED ENHANCEMENTS, PROCEDURAL OR TECHNICAL INNOVATIONS (V) Approach to Civil Integrated Management Anser effectively leverages tools available today, including bringing our projects successfully into the future by implementing Civil Integrated Management (CIM). CIM is the technology -enabled collection, organization, managed accessibility, and the use of accurate data and information throughout the lifecycle of a project. Our aspirations are to make incremental improvements to functions in workflow and enable full digital workflows from project inception to project delivery. Our team is encouraged to always find cost and time savings on all projects and CIM is proving to be a true value add to our clients that brings those benefits. We have and continue to work with different technologies that best fit our projects and have identified OpenSpace technology and C -MIS project management software technology to be two tools that we believe can bring value to this project. Openspace.Ai OpenSpace is a document control that captures 36o degree images which are then stitched to site plans allowing users to locate exact locations on the plans via the site plan and givi ngyou split screen images of current days activities and any other past day activities in the same exact area. This tool has been proven invaluable in pre -construction services, claims avoidance or dispute resolution and being historical record, which provides information for as -built designs in the future if needed. Anser is currently using the software on a number of projects including: CV Link with CVAG, the Landis and Georgia -Meade bikeways project, and the Bayshore Bikeway Barrio Logan project, both administered by SAN DAG. By utilizing this software, Anser was successfully able to defend SANDAL who was named as part of a larger accident within the City of San Diego. The claim was made that the George -Meade project had left uneven sidewalk elevations after the project. Through the use of OpenSpace, we were quickly able to go to the exact spot of the claim, pull our pre -construction records, and prove that the uneven sidewalk was an existing conditions within the City right-of-way and that SANDAL was not responsible for any of the damages. CMISATAkiIIESI _(NWNffMM9KAT CMIS is an online project management software that manages all basic _ .._.Y_ .,..,._• construction management-=ri==~==•==-=-=�.- services, such as RFIs, Submittals, Change Orders, and Progress Payments. In _--- addition, all inspector daily diaries are entered through the online system in the field. The major advantage is in searchability of information which is accessed remotely and immediately. For inspectors this means more field time inspection and less time in the office doing administrative work. This information is accessed by all authorized staff which allows expeditious flow of information thereby expediting responses to questions RFIs and any other question that may impede real time delays to construction. With this software, data can be mined in minutes instead of days, making it much more cost feasible to fight frivolous claims. In addition to using the software for the CVAG CV Link program, Anser is currently utilizing this software for a number of other clients including the County of San Diego and the San Bernardino County Transportation Authority. Our commitment to our clients is always being proactive in seeking solutions that bringourclients value in assuring project delivery success. SCHEDULE AND DEADLINES (VI) As demonstrated throughout various section of this proposal, theAnserteam is readyto hittheground runningoncewe receive our NTP There is much work to be done so that the project can be advertised in January of 2025 so that construction can begin in Q2 2025. We will immediately begin our constructibility review of the design drawings and provide comments back to the designer. In parallel with our constructibility review, we will also begin our cost estimating services to ensure that costs are lining up with the engineer's estimate. Because there are federal funds on the project, prior to advertisement, a complete package will need to be submitted to Caltrans for review prior to receiving our E76 for construction. Typically this review takes a minimum of 8 -weeks, so this package must be submitted by October 2024 to meet the current project schedule. Below, we have detailed out a preliminary schedule for both pre -construction and construction services. Once additional information is known, this schedule can easily be manipulated and refined for use as we move forward with the project. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 58 Professional Engineering Services, Arts and Music Line Project 29 1 Anser Advisory ID Task Task Name Duration Start Finish Predecessors Total Slack B Made D Half 1, 2024 Half 2, 2024 Half 1, 2025 Half 2, 2025 HaJ11, 2026 Half 2, 2026 Half 1, 202] Half 2, 2021 Half 1, 2028 1 F M A M 1 1 A S O N D 1 F M A M 1 1 A S O N D 1 F M A M 1 1 A S 0 il D 1 F M A M 1 1 S O N D 1 F M 0 Arts and Music 910 days Mon 1/1/24 Fri 6/25/27 0 days 1 Pre-Construction 325 days Mon 1/1/24 Fri 3/28/25 0 days 1.1 1st Round Construcability Review 40 days Mon 1/1/24 Fri 2/23/24 0 days �+ 1.2 Designer Finalize 100% Drawing Package 60 days Mon 2/26/24 Fri 5/17/24 2 0 days �+ 1.3 Cost Estimating 25 days Mon 2/26/24 Fri 3/29/24 2 115 days + 1.4 ROW Permits (City/CVWD/Tribes) 130 days Mon 1/1/24 Fri 6/28/24 10 days 1.5 Caltrans ROW Certification 40 days Mon 7/1/24 Fri 8/23/24 5 10 days 1.6100% Drawing Package Review 20 days Mon 5/20/24 Fri 6/14/24 3 0 days 1.7 Prepare Final Bid Documents 60 days Mon 6/17/24 Fri 9/6/24 7 0 days �, 1.8 Caltrans E76 Construction Review 45 days Mon 9/9/24 Fri 11/8/24 8,6,4 0 days 1.9 Advertise/Bid/Award 100 days Mon 11/11/2 Fri 3/28/25 9 0 days . 2 Construction 525 days Mon 3/31/2! Fri 4/2/27 0 days M. 2.1 Construction Submittals 45 days Mon 3/31/25 Fri 5/30/25 10 0 days rre. 2.2 A48 Washington to Jefferson 80 days Mon 6/2/25 Fri 9/19/25 0days . 2.2.1 Dema 10 days Mon 6/2/25 Fri 6/13/25 12 0 days . 2.2.2 Bikeway and Corner Improvements 40 days Mon 6/16/25 Fri 8/8/25 14 0 days . 2.2.3 Dune Palms Intersection 15 days Mon 8/11/25 Fri 8/29/25 15 0 days M. 2.2.4 Grind and Overlay 5 days Mon 9/1/25 Fri 9/5/25 16 0 days . 2.2.5 Sign and Stripe 10 days Mon 9/8/25 Fri 9/19/25 17 0 days . 2.3 A48 Jefferson to Monroe 90 days Mon 9/22/2! Fri 3/23/26 0days . 2.3.1 Demo 10 days Mon 9/22/25 Fri 10/3/25 18 0 days . 2.3.2 Bikeway and Corner Improvements 50 days Mon 10/6/25 Fri 12/12/25 20 0 days . 2.3.3 Monroe Intersection 15 days Mon 12/15/2 Fri 1/2/26 21 0 days M. 2.3.4 Grind and Overlay 5 days Mon 1/5/26 Fri 1/9/26 22 0 days M. 2.3.5 Sign and Stripe 30 days Mon 1/12/2E Fri 1/23/26 23 0 days rre. 2.4 A48 Monroe to Dillon 90 days Mon 1/26/2( Fri 5/29/26 0dayS . 2.4.1 Dema 15 days Mon 1/26/2E Fri 2/13/26 24 0 days . 2.4.2 Bikeway and Corner Improvements 60 days Mon 2/16/2E Fri 5/8/26 26 0 days . 2.4.3 Grind and Overlay 5 days Mon 5/31/2E Fri 5/15/26 27 0 days . 2.4.4 Sign and Stripe 10 days Mon 5/18/2E Fri 5/29/26 28 0 days M. 2.5 Evacuation Channel 215 days Mon 9/22/2! Fri 7/17/26 160 days M. 2.5.5 Ste 10+59 to 43+00 40 days Mon 9/22/2! Fri 11/14/25 160 days M. 2.5.1.1 Civil Work 20 days Mon 9/22/25 Fri 10/17/25 18 160 days . 2.5.1.2 Place Bike Path 15 days Mon 10/20/2 Fri 11/7/25 32 160 days . 2.5.1.3 Sign and Stripe 5 days Mon 11/10/2 Fri 11/14/25 33 160 days . 2.5.2 Ste 49+00 to 62+09 40 days Mon 11/17/: Fri 1/9/26 160 days M. 2.5.2.1 Civil Work 20 days Mon 11/17/2 Fri 12/12/25 34 160 days �. 2.5.2.2 Place Bike Path 15 days Mon 12/15/2 Fri 1/2/26 36 320 days �. 2.5.2.3 Sign and Stripe 5 days Mon 1/5/26 Fri 1/9/26 37 320 days M. 2.5.3 Ste 43+00 to 49+00 155 days Mon 12/15/2 Fri 7/17/26 160 days . 2.5.3.1 Civil Work 20 days Mon 12/15/2 Fri 1/9/26 18,36 160 days . 2.5.3.2 Tie-Back Wall 20 days Mon 1/12/2E Fri 2/6/26 40 160 days-Tie-Back . 2.5.3.3 Excavate for Retaining Wall 5 days Mon 2/9/26 Fri 2/13/26 41 160 days . 2.5.3.4 Retaining Wall 45 days Mon 2/16/2E Fri 4/17/26 42 160 days . 2.5.3.5 Cure Retaining Wall 20 days Mon 4/20/2E Fri 5/15/26 43 160 days . 2.5.3.6 Backfill Retaining Wall 20 days Mon 5/18/2E Fri 6/12/26 44 160 days M. 2.5.3.7 Subgrade Preparation 10 days Mon 6/15/2E Fri 6/26/26 45 160 days rre. 2.5.3.8 Place Bike Path 10 days Mon 6/29/2E Fri 7/10/26 46 160 days rre. 2.5.3.9 Sign and Stripe 5 days Mon 7/13/2E Fri 7/17/26 47 160 days . 2.6 Hjorth and A49 55 days Mon 6/1/26 Fri 8/14/26 0 days . 2.6.1 Dema 10 days Mon 6/1/26 Fri 6/12/26 29 0 days 2.6.2 Bikeway and Corner Improvements 30 days Mon 6/15/2E Fri 7/24/26 50 0 days M. 2.6.3 Grind and Overlay 5 days Mon 7/27/2E Fri 7/31/26 51 0 days M. 2.6.4 Sign and Stripe 10 days Mon 8/3/26 Fri 8/14/26 52 0 days M. 2.7 Van Buren 70 days Mon 8/17/2(Fri 11/20/26 0 days . 2.7.1 Demo 30 days Mon 8/17/2E Fri 8/28/26 53 0 days . 2.7.2 Bikeway and Corner Improvements 30 days Mon 8/31/2E Fri 10/9/26 55 0 days M. 2.7.3 Van Buren Intersection 15 days Mon 10/12/2 Fri 10/30/26 56 0 days �. 2.7.4 Grind and Overlay 5 days Mon 11/2/2E Fri 11/6/26 57 0 days 2.7.5 Sign and Stripe 30 days Mon 11/9/2E Fri 11/20/26 58 0 days M. 2.8 Dillon 70 days Mon 11/23/2 Fri 2/26/27 0 days . 2.8.1 Dema 10 days Mon 11/23/2 Fri 12/4/26 59 0 days . 2.8.2 Bikeway and Corner Improvements 30 days Mon 12/7/2E Fri 1/15/27 61 0 daysBik . 2.8.3 Dillon Intersection 15 days Mon 1/18/27 Fri 2/5/27 62 0 days M. 2.8.4 Grind and Overlay 5 days Mon 2/8/27 Fri 2/12/27 63 0 days M. 2.8.5 Sign and Stripe 10 days Mon 2/15/27 Fri 2/26/27 64 0 days M. 2.9 Punch List 25 days Mon 3/1/27 Fri 4/2/27 65,48 0 days . 3 Post Construction 60 days Mon 4/5/27 Fri 6/25/27 0 days rre. 3.1 Project Cloeout 60 days Mon 4/5/27 Fri 6/25/27 11 0 days Pre-Construction 1st Round Construcability Review Designer Finalize 100% Drawing Package ROW Permit (City/CVWD/Tribes) Itrans ROW Certification 100% Drawing ackage Review Prepare Final Bid Documents Caltrans E76 Construction Review Advertise/Bid/Award Construction Submittals A48 Washington to Jefferson Demo Bikeway and Corner Improvements , Dune Palms Intersection �. Grind and Overlay 'gn and Stripe I A48 Jefferson to Monroe Demo -Bikeway and Corner Improvements Monroe Intersection -.Grind and Overlay Sign and Stripe I A48 Monroe to Dillon Demo Bikeway and Corner Improvements Grind and Overlay T Sign and Stripe Evacuation Channel Sta 0+59 to 43+00 Civil Work Place like Path Sign and Stripe Sta 49+00 to 62+09 Civil Work Place Bike Path Sign and Stripe Sta 43+00 to 49+00 -,Civil Work Wall L Excavate for Retainir g Wall Retain: g Wall C re Retaining Wall Backfill Retaining Wall Subgrade Preparation Place Bike Path sign-an Hjorth and A49 .Demo .. Bikeway and Corner Improvements 7 Grind and Overlay Sign and Stripe Van Buren Demo Bikeway and Corner Impin ments Van Buren Intersection Grind and Overlay Sign and Stripe Dillon -. Demo ia, and C Dillon hire , Grind anc �&=i Construction Arts and Music nts Post Construction Project Cloeout 1 2 3 4 5 6 7 8 9 10 11 12 inner Improvem section Overlay rd Stripe Punch list 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Project : Arts and Music Date: Tue 8/22/23 Task Milestmmaone ♦ Project Summary �� Inactive Milestone Manual Task Manual SummaryRollup Start-only C External Tasks -' Deadline b Critical 'Pit.......... Manual Progress ogre Split .......... Sury �1 Inactive Task Inactive Summary o o Duration-only i Manual Summary r -----1 Hnish-only 3 External Milestone O Critical Progress Page 1 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Professional Engineering Services, Arts and Music Line Project 30 1 Anser Advisory 59 ANSER ADVISORY AML SUMMARY OF COSTS Company Pre -Construction & Bid Services Anser Advisory $314,170.00 Labor $299,170.00 ODC's $15,000.00 Escalation Dan ken $23,061.60 Labor $23,061.60 ODC's Escalation Michael Baker International $11,400.00 Labor $11,400.00 ODC's Escalation Burke Rix $32,440.00 Labor $25,240.00 ODC's $7,200.00 Escalation Dynamic Engineering Services, Inc. $1,482.40 Labor $1,482.40 ODC's Escalation LSA Environmental $9,540.00 Labor $9,540.00 ODC's Escalation Earth Systems $0.00 Labor $0.00 ODC's Escalation Magana Consulting $24,850.00 Labor $24,850.00 ODC's Escalation MLA Consulting Services, Inc. $7,500.00 Labor $7,500.00 ODC's Escalation TOTALS: $424,444.00 Contigency (20%): $84,888.80 Total: $509,332.80 r0l, Attachment A-2 T.Y. Lin International Technical and Fee Proposal Contract No. CVAG-20-018-03 Project: ATP — Arts and Music Line 61 CvAG lloo- lloo� Work Plan PROJECT UNDERSTANDING The Arts and Music Line (AML) is a multi -benefit project that will make public safety enhancements for pedestrians and bicyclists, encourage modes of alternative transportation, and create connectivity to local and regional bike and pedestrian infrastructure. When completed, the 10 miles of protected Class I and Class IV bicycle facilities will connect services, and amenities in the area and add to the CV Link's 40 -plus mile alternative transportation corridor. The alignment follows Avenue 48 and Dillon Road through the Cities of La Quinta, Indio, and Coachella. These are busy thoroughfares with vehicle speeds in excess of 50 miles per hour. The much-needed project will create safer routes to schools, promote outdoor recreation, while improving health and reducing greenhouse gas emissions. The AML will upgrade the current Class II bike lanes along Avenue 48 to a fully protected Class IV bike lane; construct new Class IV lanes along Hjorth Street, Van Buren Avenue, and Dillon Road; and construct a Class I bike lane along the La Quinta Evacuation Channel, connecting to the CV Link at the Whitewater River. The AML will provide a safe backbone that connects existing Class II bike lanes to provide safe and efficient alternative transportation options to schools, residences, shopping, entertainment, and employment centers. In addition to the transportation benefits, the AML offers architectural features that draw attention and interest while promoting safety. The completed network will be recognized as a nationwide model of alternative transportation. The work along Avenue 48 involves removing the existing bike lane along Avenue 48, constructing the concrete separation, replacing the road pavement, placing the new bike lane behind the separation, and completing a full width grind and overlay along Avenue 48. This work is 'IYI.in Arts and Music Line Construction Management Services Figure 1. Rendering courtesy of CVAG website performed on both sides of Avenue 48 for about 2 miles and a single side for about 3.5 miles. It will impact intersections, access to shopping, as well as restrict traffic with construction activity and extended lane closures. Work along Hjorth Road and Van Buren Street is similar, though these roads are not as busy as Avenue 48. Dillon Road will be reduced from four lanes to two lanes to accommodate the added bike lane and will likely be the least impactful construction location for the project. Work along the La Quinta Channel includes a significant amount of import material and retaining wall construction prior to constructing the bike path base and surface. A dedicated, focused, and proactive CM team will be needed to smooth the way for the contractor to successfully construct this project. The project success will be largely defined by the timely completion of a quality product and public's perception of the progress and productivity seen during every week of construction. 62 Page 17 CV AG The TYLin Team has a proven track record of proactive Arts and Music Line Construction Management Services changes to accommodate public traffic, or extreme weather leadership, foreseeing and addressing potential challenges conditions. Each of these situations can be anticipated and to allow the contractor to continue their work without delay. a plan can be formulated to specifically mitigate the impact. Typical delays may include unresolved utility conflicts, right-of-way encroachments, inaccuracies in the project plans, alignment issues, unanticipated delays caused by APPROACH TO COMPLETING THE WORK PROJECT MANAGEMENT Strong and proactive project management is needed to efficiently execute the required scope of services and successfully construct this project within budget, schedule, and minimal impact to the public. Project Manager, Joseph Smith, PE, has a demonstrated record of meeting and overcoming the issues that will be encountered on this project. Mr. Smith is an experienced construction manager and can quickly understand project issues. He also has personally selected the members of this team, both TYLin staff and sub -consultant support, to meet the specific challenges that may be encountered throughout the project duration. Mr. Smith, Mr. Nowak, and the team have demonstrated problem solving skills on these and other similar project impacts throughout their careers. As Project Manager, Mr. Smith will have ultimate control over the TYLin Team budget. He will also have oversight over Resident Engineer, Thomas Nowak, as he monitors and manages the construction schedule and construction budget. In our experience, cost and schedule control must be exercised every day and be regularly evaluated to assure the final costs are within the budget and the schedule is acceptable once all the unforeseen contingencies are considered. TYLin has maintained our reputation for smooth and efficient project delivery throughout Southern California for 50 years by developing, deploying, and adapting project control tools to monitor budget, schedule, and documents. Each of these is discussed below: ` Budget Monitoring & Control I To manage the budget of a given project, TYLin's engineers and project controls staff use data from TYLin's internal accounting system, Deltek Vision, to evaluate progress. The information is updated monthly for the overall scope of services. Schedule Monitoring & Control I On contractor driven projects, TYLin uses scheduling tools, including Microsoft Project and Primavera P6, for Critical Path Method (CPM) scheduling of the work. The schedule is used to monitor progress throughout the project and is updated monthly or more frequently as needed. Various metrics are analyzed to track schedule performance. Document Control I TYLin implements a uniform filing system for all documents associated with each task order, including prime agreement; amendments; subconsultant contracts; prevailing wage documents; timesheets and receipts for ODCs. 63 ,rYUn Page 18 CV AG Managing the contractor's schedule is directly related to managing our level of staffing and the resulting budget. Mr. Smith and Mr. Nowak will work together to provide an efficient and effect level of staffing to meet the project needs. Mr. Smith will remain in regular and close contact with Mr. Nowak to provide supervision, consultation, and staffing support to assure that the TYLin work plan is effectively implemented to the satisfaction of CVAG and involved cities. Mr. Smith has worked closely with the Cities of La Quinta, Coachella, and Indio, as well as RCTD, and has a proven reputation of partnering with client agencies to overcome project challenges and deliver successful projects. With Mr. Smith's oversight, Mr. Nowak will provide the level of staff needed to effectively manage the contractor's activities. Serving as the prime CM firm on more than a dozen projects within Coachella Valley, TYLin has gained experience working closely with IID electrical transmission and distribution divisions; CVWD sewer, irrigation, and potable water departments; and personnel that monitor the CVSC. We have gained experience working in challenging hot -weather and windy conditions, and understand some materials in the region may not be suitable for structure foundations or bike and roadway construction and know when suitable material must be imported. Mr. Nowak is currently serving as the Resident Engineer and Structure Representative on the Dune Palms Road Bridge project. To allow construction of the bridge within the alignment of the existing roadway, the project utilizes a temporary roadway shoo -fly and temporarily relocates IID distribution to the south within the CVSC. Additionally, Mr. Nowak is overseeing relocation of both water and sewer services at each end of the project, as well as relocation of existing dry utilities in the project footprint. 'IYI.in Arts and Music Line Construction Management Services Figure 2. 1-10/Jefferson Street Interchange Mr. Smith served as Resident Engineer on the Madison Street Canal Improvement project in the City of Indio, responsible for overseeing the construction of a large double -box channel, extension of the canal to the south, temporary relocation of the existing channel utilizing temporary bridges and allowing for upgrades to many of CVWD's existing utilities. As Project Manager for the 1-10/Jefferson Street Interchange (Figure 2), Mr. Smith presented to the leadership team of Golden Voice, the promoter that spearheads the Coachella and Stagecoach music festivals, multiple times over three years to update the group on the changes to traffic patterns within the interchange and to obtain feedback on how the CM team could help improve movement of concertgoers through the interchange over the multiple weekends that are so vital to the economy of the Valley. Through these many projects TYLin has gained experience with the many stakeholders of the AML and will point this experience towards establishing the best bid set possible and constructing the high-quality transportation link the residents of La Quinta, Indio, and Coachella envision. 64 Page 19 CVAG Arts and Music Line Construction Management Services BID ADMINISTRATION AND PRE -CONSTRUCTION ASSISTANCE Immediately following authorization, the TYLin Team contractor problems and solutions. Mr. Nowak and will begin the duties outlined as "Bid Administration and Pre -Construction Assistance." Primary duties include conducting a thorough constructability review of project plans at the 65%, 90%, and 100% level of completion, creating a Construction Communication Plan, and reviewing all environmental permits and required mitigations. Following advertisement, the team will assist with contractor bid administration, to assure all funding requirements are met in accordance with the Caltrans Local Assistance Manual (LAPM) and the manual of Special Funded Projects. Resident Engineer, Mr. Nowak and Scheduling and Claims expert, Wade Durant, PE will lead the constructability Mr. Durant are intimately familiar with Caltrans standards and specifications and the LAPM. Their reviews will start with a field visit to understand field conditions and include a complete review of project plans, looking for conflict in details, or the constructability of the work within the actual constraints of the site. Additionally, the plans will be reviewed for "bid -ability" to assure the contractor can be confident that the work is clearly defined, the quantities are accurate and all accounted for, thus reducing risk and yielding a lower bid. At times, if a contractor finds an error in the plans, instead of asking for clarification, they will lower a bid, knowing a contract change order will likely be required from which they will review effort. Both Mr. Nowak and Mr. Durant have over 30 benefit. TYLin has already flown the alignment of the project years of road, highway, bridge, and related construction experience with a diverse range of projects. Every one of these projects has included constructability reviews, whether a formal review prior to the start of work, or an ongoing weekly look -ahead review to anticipate potential and has captured video and photos of the project footprint with a drone (Figure 3). This information is always valuable when reviewing project plans and determining whether the design intent can be implemented considering actual field conditions that may have changed during plan development. Figure 3. Drone images of AML project site. 65 r Y I, i n Page 20 CV AG Project specifications will be reviewed to assure all project special situations or conditions are addressed and captured in bid quantities. This will provide the contractual muscle to the Resident Engineer to enforce the intentions of CVAG and the cities. Typical issues may include allowed hours of work, accommodations for public traffic, or advance notification requirements. Additionally, material specifications may need to be amended to account for extreme desert weather conditions. Examples might include concrete or hot mix asphalt (HMA) placement, visibility of traffic cones and other control materials, limitations to sun exposure of plastic materials such as drainage pipe or wire, or application temperatures for pavement striping. Figure 4. Extreme heat caused thermoplastic melting. To prevent this, we will assure manufacturers provide necessary details for the application processes, including minimum and maximum tempera- ture application, type of application method, thickness tolerances, and protection time before traffic allowed on the applied markings. Project quantity estimate will be verified. A savvy contractor will over -bid items that will likely over -run and under -bid items that will likely under -run. This practice is a form of unbalanced bidding and can occur on seemingly minor items such as temporary pavement striping. It is bad enough if the final quantity is twice the estimated amount, but when the contractor has increased his bid, knowing that the quantity would over -run, the cost impacts are significant. A confirmation of the estimated quantities will eliminate this opportunity for the contractor and assure 'IYI.in Arts and Music Line Construction Management Services a balanced and competitive bid from all contractors. As one of the premier engineering design firms in California, TYLin has a depth of resources available for analyzing plans and bid documents. Our CM team enjoys a symbiotic relationship with TYLin civil and structures designers, routinely exchanging ideas and seeking solutions to challenging project issues. In addition, TYLin has a national cost estimating and risk management group within the CM sector that will be available to Mr. Nowak and Mr. Durant as they verify estimates and appropriate bid values. TYLin has provided support to many agencies through the advertisement, pre-bid meeting, bidder questions and addenda, bid opening, bid analysis, and recommendation for award. The process is well defined in the Caltrans Local Assistance Procedures Manual (LAPM) (Figure 5). Additionally, Mr. Magana with Magana Consulting Services will assist the team with reviewing any specific funding requirements are implemented to assure all requirements are met prior to recommendation for award of the construction contract. .41 LOCAL ASSISTANCE PROCEDURES MANUAL Figure 5. TYLin and its subconsultants are all familiar with the Caltrans LAPM and processes. Mr. Smith, Mr. Nowak, and Mr. Durant will work side-by-side with CVAG and the design engineers as questions come in during bid time. They will assist in validating questions from contractors and provide content for appropriate responses along with recommendations of where plans, specifications, and bid quantities must be revised. Time is of the essence when a project is out to bid, and our team will work as 66 Page 21 CV AG Arts and Music Line Construction Management Services many hours as necessary to allow CVAG to maintain timely plan will inform and excite the public for the upcoming responses to questions and the overall bid schedule. project and provide a proven framework to communicate Mr. Smith and Mr. Nowak will conduct the pre-bid meeting along with CVAG representatives and design personnel. Exhibits will be created to clearly define the project and an agenda will be created for review and approval by CVAG prior to issuance in the meeting invite. PUBLIC OUTREACH Public outreach will be a critical component of the pre - construction activities. An effective project communication throughout the duration of the project. The TYLin Team includes Connect and Company (Connect) to develop and lead an effective outreach plan for the AML. The plan will follow proven protocol used on the Avenue 66 Grade Separation Project in Mecca; the Herbert Hoover Pedestrian Improvement Project with a Safe Routes for All outreach in Indio; and currently on the Dune Palms Bridge Replacement project with TYLin in La Quinta. The protocol includes: ,{jam Develop a targeted, measurable Construction Communications Plan in coordination with the I� client/CVAG. 00o Research key stakeholders and the target audience to develop and maintain a solid working database. o°o°o Reach out and host meetings early to inform key contacts (emergency services/key stakeholders) and to Inl establish communication, address concerns, build trust, and tap into their network. o Complete boots -on -the -ground outreach to impacted residents and businesses (door-to-door, pop-up events, n community events/meetings). This may occur in phases based on the construction schedule. �owl Provide timely, accurate and accessible information for the duration of the project using collateral with clear 711 and concise text and simple graphics. Respond immediately to questions and concerns; document resolution. g8Serve as both a community resource and a liaison to the construction team representing public point of view. We've found that if we do the work to know our audience and make connections up front—fostering two-way open communication with the public—our team is able to build ramp -up outreach efforts for traffic pattern changes, large paving operations or any outreach needs that come up as the project continues. When the project nears completion, trust and troubleshoot small problems before they escalate. Connect will start planning a unique, interesting, and safe Project Pacing Following this tested outreach protocol, we typically spend a large chunk of time completing the first 4 steps shown above, followed by a groundbreaking event before construction starts. As the project moves out of the start- up phase, outreach moves into "maintenance mode" and our monthly budget reduces. The team remains ready to 'IYI.in ribbon cutting event, coordinating with local organizations and giving back to the community when possible. Communications Plan Connect will draw on the team's years of experience working with cities, public agencies, non -profits and on transportation infrastructure projects to design a unique, measurable and appropriate communications plan for the AML. 67 Page 22 0"- CVAG The plan will follow our protocol and include a groundbreaking event, collateral development and project start up; an emergency services and stakeholder meeting; community meetings and/or pop- up events; ongoing outreach as the project progresses to different locations; and ongoing coordination with emergency services, local cities, public information officers (PIO) and City Engineers. Connect will also include a media relations section to engage local media through photo opportunities, events or tours; and an emergency communications plan that will include protocol about notifying and speaking with the media, working with local PIOs and internal emergency communications protocol. Connect recently completed a project in the City of Indio with the County Health Safe Routes for All program and is incorporating the program into two additional projects currently under construction. Our team will coordinate with CVAG and County Health to incorporate the non -infrastructure activities and possible media opportunities. Join us on the new Mecca for a community cl Saturday, March 12 111 M _M_ .Xy, Nis — l __ -. - 11111111 !Acompanenos a una celebracidn comunitaria en el nuevo puente de la Avenida 66 en Mecca! sobado 12 de marzo 111 am a 1 pm ­-La ceremonia de cone de lmt6n comienla a las 11 -nim-to I gefrettos fgeros I Diversion para ninon vor( <st1, CI su auto en el estxionam ,C 9 ys & Girls Club en 9139166th Ave, Metra, .t gin Y vse el servido deet, ansportelgsateu^tovo mmme hnstz el evmro in el aueme. Figure 6. Connect & Co has extensive experience developing outreach materials in both English and Spanish. 'IYI.in Arts and Music Line Construction Management Services COLLATERAL Connect's public outreach manager and in-house graphic designer will develop and deliver clean and clear, English and Spanish collateral materials to meet the unique needs of the AML project. The Connect team will work closely with the CM team and CVAG staff with approval processes in place to assure collateral are accurate and meet expectations. Collateral could include a fact sheet, door hangers, post cards, construction alerts, construction cards, signs/banners, newsletters, advertisements, PowerPoint presentations, project boards, etc. We will also develop and manage a webpage on the CVAG website to provide the most updated information. Our team will create unique project social media pages and create weekly social posts with video photos and will monitor the comments to respond if necessary. Connect can also manage social media boosting/ advertising if agreed upon with CVAG. ADDRESSING ENVIRONMENTAL PERMITS AND MITIGATION REQUIREMENTS The TYLin Team includes ECORP to lead in understanding all environmental restrictions and concerns and enforce the required mitigation. ECORP has assisted TYLin on numerous projects in the lower desert over the past 10 years, including 1-10/Jefferson Street Interchange, City of Indio Retrofits, and Dune Palms Road Bridge. ECORP routinely assists clients in complying with environmental conditions stipulated in regulatory permits and/or agreements for specific projects, plans, and programs. Their team includes senior and expert personnel with experience with the federal Clean Water Act, Porter -Cologne Act, federal and state ESAs, the federal Migratory Bird Treaty Act, and the California Fish and Game Code. ECORP's project managers and technical experts routinely meet with regulatory agency personnel on site or in meetings to negotiate, review and discuss permit conditions and the associated schedules, monitoring, and Page 23 CV AG implementation. ECORP routinely assists with creation of a permit compliance matrix for clients. ECORP's compliance specialists prepare and implement worker education programs in English and Spanish, conduct comprehensive pre -construction surveys, and monitor during construction activities, as well as prepare the associated survey and monitoring reports. The firm works closely with the client and the construction contractors to establish the correct timing, schedule, and level of effort required for both pre -construction surveys and construction monitoring. ECORP's compliance specialists and monitors are well-informed about all aspects of the projects and permit conditions prior to the implementation of the projects so they can ensure compliance with the permit conditions. They also prepare the variety of plans typically required by permit conditions, such as Nesting Bird Management Plans, Protected Species Plans, Habitat Restoration Plans, HMMPs, Invasive Plant Species Management Plans, and Conceptual Mitigation Packages. ECORP's biological monitors are also experienced in conducting species relocation, monitoring the installation Arts and Music Line Construction Management Services Street. Project permits may require a 250 -foot buffer during breeding season and a 160 -foot buffer during non -breeding season (can vary depending on the permit). CDFW coordination and concurrence to either passively relocate the owls or negotiate a reduced buffer may be required for work to occur in these areas adjacent to occupied owl habitat. Passive relocation of burrowing owl typically can only occur outside of their breeding season and requires the creation of a Burrowing Owl Exclusion Plan for the project. Nesting birds: Cliff swallows nest at many of the bridges along the Whitewater River/CVSC. They typically arrive in March and nest until the end of June/ beginning of July. There could be seasonal restrictions related to work occurring within a certain distance of Dillon Road and Jefferson Street/La Quinta Bridges. With other projects, it has been easier to avoid their nesting season for those areas rather than implement abatement measures. Cultural Our cultural resources team did a preliminary review and and maintenance of Best Management Practices (BMP) and did not find any seasonal restrictions related to cultural or exclusion devices, and completing all reporting prior to the tribal resources other than weather which could affect the due dates listed in the permit conditions. A cursory review of the project documents indicates the following potential environmental restrictions that may constrain the construction schedule: Biological Burrowing owl (Athene cunicularia): a State Species of Special Concern, breeding season is generally Feb 1 to August 31 (CDFW Staff Report). If burrowing owls are found within the vicinity during pre -construction biological surveys, then the project has a limited time of the year that work could occur within so many feet of the owls (this would be in the Streambed Alteration Agreement (1600 permit). From our knowledge of the area, we do know burrowing owls occupy the Whitewater River/CVSC at Dillon Road and Jefferson 'IYU n project schedule overall. General From ECORP's knowledge and experience of projects in the area, the Coachella Valley Music and Arts Festival (typically in mid-April) can cause schedule delays due to traffic issues and restrictions upon limiting traffic in the area. Each environmental permit must be closed to the satisfaction of the issuing agency prior the completion of the project. ECORP specialists including biologists and archaeologists will review all important permits related to environmental compliance for this project and determine which requirements need to be met during project close- out. ECORP will conduct final site inspections and will provide the necessary final reports and annual reports to meet close-out conditions as required by project permits. 69 Page 24 CV AG These reports will first be provided to CVAG for review and approval, before submission to the appropriate agency. CONSTRUCTION MANAGEMENT - RESIDENT ENGINEER Following the award of the construction contract and prior to the first working day, Resident Engineer, Mr. Nowak, PE, will prepare the TYLin Team for the task of providing professional and consistent construction management. Processes will be implemented, forms will be created, recurring tasks will be identified and assigned with defined deadlines and deliverables. Mr. Nowak is perfectly suited for this role. As demonstrated by his wide variety of experience, he has the ability to implement comprehensive QA, financial management, and communication practices, Monthly estimate Coordination meetings Certified payrolls SWPPP review Monthly Weekly Monthly Annual, at events, weekly Partnering Quarterly Requests for information (RFI) As needed Submittals As required Progress schedules Initial baseline with monthly updates Record drawings Regularly Additionally, during this pre -construction period, templates will be developed, and file folders will be created to manage the information developed throughout the duration of the project. Financial oversight and quality control of materials and workmanship are based upon monitoring activities every day and having the ability to access the detailed information and confirm the quality of workmanship and materials is satisfactory, any errors have been corrected, and quantities to be paid for the month are constructed in accordance with the project specifications. The TYLin Team regularly uses the Caltrans filing system with 63 different categories to comprehensively track 'IYI.in Arts and Music Line Construction Management Services while at the same time, working closely with the contractor in partnership to deliver the most practical and effective solutions to daily project challenges. Prior to the Notice to Proceed (NTP), Mr. Nowak will schedule a pre -construction meeting with the contractor and all stakeholders. Contract expectations will be clearly laid out during this meeting. Contractor responsibilities will be identified that conform with the Caltrans Construction Manual. Practices following a regular monthly schedule throughout the contract with required deliverables will be defined and clearly communicated to the contractor, with defined responsibilities. Typical recurring tasks throughout the project are listed below, with frequency, and responsibility identified: Quantity request Quantity authorization Look ahead schedule Minutes Payroll records Review and confirm Required report Review and confirm Project status Project status Clear question Timely and clarifying response Timely, complete submittal Timely response Monthly 15 days following submittals Maintain current markups Maintain current markups the progress of the project and confirm the quality of construction and the financial accuracy of all payments. Following the Notice to Proceed (NTP), project pre -planning and preparation is complete, and it is "Go Time." The project moves forward per the contractor's approved baseline CPM schedule and a rhythm of daily, weekly, and monthly duties begins to develop. Local traffic impacts due to school schedules and music festivals will be factored into the contractor's work schedule. As Resident Engineer, Mr. Nowak will be responsible to confirm and assure that the contractor is meeting all contractual obligations, QA, and at the same time eliminating obstructions to project progress, partnering contribution. 70 Page 25 0. =. CvAG QUALITY, SCHEDULE AND BUDGET CONTROL TYLin implements a quality control plan on all projects consisting of construction services that follow recognized procedures including detailed checklists and documentation that closely follow the Caltrans Arts and Music Line Construction Management Services project and to assure our client's best interests are being cared for. Our OAP is separated into three segments to validate documentation, submittals and the inspection of field work and materials. The first segment addresses the Construction Manual. The first page of TYLin's Construction overseeing of the office level documentations, the second Management Quality Assurance Plan summarizes our plan segment is employed to ensure all submittals are properly as follows: TYLin's quality assurance program (OAP) is employed to ensure a successful and correctly managed construction 4& Documentation \TV Documentation reviewed and verified prior to approval. The last segment is to verify all field work and materials are being approved and documented. Submittals(a Contractor Performance and Incorporated Materials QA of the CM process ensures all office level documentations are reviewed and verified by a colleague for accurateness and completeness. Examples of documents slated for this level of review are CCOs/RFIs, monthly billing estimates and quantity sheets. Also periodic spot checking of daily documentation to ensure that the record of activities and work completed is well documented in writing and pictures at the Resident Engineer's discretion. Submittals The second segment of our OAP is the validation of our submittal review process. TYLin has QA checklists for various submittals set up to ensure that all aspects of a submittal have been checked and verified and the review has been conducted accurately and in its totality. Some examples of checklists for submittal review are: post - tensioning shop drawing, falsework submittals, temporary shoring, MSE walls, pile placement plan, and concrete mix designs. These QA checklists will be filled out by the reviewer and placed in the job files. When submittals are reviewed by a junior engineer, a licensed engineer will spot check their work and verify any comments. 'IYI.in Contractor Performance and Incorporated Materials The third segment of our OAP is the inspection and verification of all materials and work that occurs on the job site. We have modified our construction procedures manual to encompass all tasks associated with bridge and roadway related inspection work. This is the first line of reference to execute our tasked duties. This manual, coupled with the contract specifications and the agency's governing specifications, will ensure all work is inspected and verified to an acceptable level. The utilization of our OAP will ensure a successfully managed project and assure our clients that we are correctly overseeing and controlling the project. TYLin team members understand the importance of delivering quality services and products for our clients. Our team understands the connection between quality and cost control on a project, and we believe work must be performed, inspected, and documented properly the first time to avoid errors and schedule delays to successfully deliver a project. The practice of quality assurance is accomplished by review of the contractor's submittals and field work to assure 71 Page 26 CV AG the contractor's Quality Control Plan is being followed. A Arts and Music Line Construction Management Services challenges to the project. This priority will build trust sufficient level of qualified staffing needs to be maintained between the contractor and the TYLin Team, resulting to meet the varying levels of work that is ongoing. A in swift conflict resolution, fewer change orders, and a proposed staffing plan is included in this proposal to reflect how CM staffing might be scheduled to meet a proposed contractor work plan. However, Mr. Nowak will regularly review the workload facing his team and assign duties to qualified staff to confirm contractor adherence to project specifications. TYLin's workplan to assure compliance to the contract standards is based on the Caltrans Construction Manual and recognized professional practices to meet the needs of CVAG, the Cities of La Quinta, Coachella, Indio, RCTD, as well as residents and business owners. Quality oversight duties of the Resident Engineer and CM team include: Project Safety >> Stormwater Compliance Contract Change Order Control Submittal Review Material Testing Monthly Progress Payments Traffic Control Environmental Compliance Payroll and DBE Compliance RFI Review and Response Public Safety Impacts to Local Schools Partnering Whenever unforeseen conditions are discovered that could possibly impede the contractor's work, it is Mr. Nowak's project centered priority to help resolve the situation to eliminate, or minimize additional cost, or project delay. These conditions are typically documented by a formal RFI from the contractor, but are initially identified by either the contractor, or the CM team. Most often these issues come to the attention of the team following careful review of project plans in anticipation of the upcoming work considering potential impediments. Along with implementing formal partnering in accordance with the project specifications, Mr. Nowak will demonstrate his "project first" priority and proactively work to address 'IYU n collaborative work environment. As a good project partner, Mr. Nowak will work with the contractor and other stakeholders to resolve conflicts and provide the contractor a path to continue his work without delay or added effort. Some sources of conflict may include: Delayed utility relocations Differing site conditions Plan changes initiated by the owner Special public events Reporting Mr. Nowak will produce a monthly report to update CVAG on the project status. The report will include the status of the project schedule, (days completed versus days remaining), project budget, (dollars spent, versus dollars remaining), and percent of work completed to date. There will be a description of the location and type of work completed during the past period, and the work expected to be completed during the upcoming period. The report will also include a listing and status of all project change orders and any potential change orders, as well as a discussion of current or anticipated project issues and any potential claims. Construction Management - Construction Inspection The TYLin team's primary responsibility is to assure project plans and specifications, including all referenced standards, are safely performed in the field every day. This and in-person oversight is performed by our field inspectors. Typically, our field inspector will meet with the contractor's field crews at the beginning of each shift and gain a clear understanding of the work planned for the day including what items of work are planned to be accomplished. They will learn the names of the crew that is working, the 72 Page 27 CvAG Arts and Music Line Construction Management Services Figure 7. The planned dramatic outcome for the CV link will be achieved by daily, consistent, and professional over- sight and construction management. Renderings courtesy of CVAG website. equipment that is to be used, any traffic control that will be conforming work that was corrected, any discussions with implemented, any anticipated closures to roads or private access, what potential critical operations are anticipated, if specialty subcontractors are anticipated, what material testing is anticipated, and what full-time inspection will be required. A field inspector may be covering two or more different crews and need to alternate attention between different activities throughout the day. Field Inspectors will work with assistance of our Resident Engineer and Office Engineer to ensure approved submittals are being followed and approved and accepted materials are being incorporated into the work and plan changes are being implemented. Material testing will be scheduled in advance to assure materials are installed to the proper compaction and grade, concrete is the approved mix design and within specification for temperature and age, and HMA is the approved mix design and placed per project specifications for temperature and compaction. In the event of full-time inspection for placement of concrete or HMA paving, the team will coordinate staffing to meet project requirements and assure contractor compliance. The activities of each day of contractor work will be fully documented on inspector daily diaries. Daily diaries will include all contractor staff and equipment, the hours worked, which items of work were performed, and the limits of work. The quantities of work will be documented as well as any testing that was performed, any non- 'IYI.in the contractor that were held, and any issues or potential issues that were encountered or anticipated. These daily diaries are the foundation of our QA oversight. Based on the daily activities, summary sheets are built to document material testing, monthly payments, Q -Sheets, payroll monitoring, safety compliance, and tracking the beginnings of contract change orders. Our Field Inspectors will provide daily photographs that document the existing status of landscaping, pavement, concrete, and other facilities prior to construction activities. If the contractor's work unnecessarily damages existing facilities, the daily report will prove highly valuable in resolving any dispute by the contractor. Equally, the contractor will be protected from false accusations if existing conditions are sub -standard. The material testing schedule is typically the responsibility of the contractor. Tests are required to be scheduled 48 hours in advance to assure that testers can be on site. Our Field Inspector will work with the contractor to be sure delays to testing avoid impacting the contractor's schedule. In the same way, he will also assure the contractor does not over -schedule testers for his convenience and impact the tester's (and CVAG's) budget. All non -conforming work will be immediately communicated to the contractor and asked to be removed or corrected. It is typically corrected immediately; however, 73 Page 28 CV AG when correction is delayed, our inspector will document the location and the issue with a non -conformance -report (NCR), which will require a specific and documented re- inspection prior to acceptance of the work. In addition to the daily ongoing items of work, our inspectors will continually review traffic control, SWPPP compliance, and safety practices throughout the project. Depending on the specific issue observed, the inspector will direct the contractor to correct an infraction immediately, by the end of the day, or by the end of the week. These observations will be forwarded to Mr. Nowak to be noted and addressed at the weekly construction progress meeting. SCHEDULE Our proposed project schedule can be found on the following page. ASSUMPTIONS The contractor will perform work during the Caltrans Working Day calendar. The contractor will procure long lead items as early as possible. (e.g. traffic signals) City and County Traffic Control Plans will need City and County approval prior to construction. All utilities (electrical, irrigation piping) will be installed after surface removals for the various areas are complete but prior to construction of roadways. The grind and overlay work performed near active roadways, (single lane), will minimally disrupt traffic. 'IYI.in Arts and Music Line Construction Management Services PROJECT CLOSEOUT AND ACCEPTANCE: As the project approaches completion, Mr. Nowak and the team will begin the process of project closeout. Material testing sheets will be reviewed to assure there are no outstanding NCRs, submittal and RFI logs will be reviewed for completeness, payroll logs will be reviewed for completeness, and a proposed final estimate will be compiled for the contractor's review. The contractor's acceptance of the final estimate is his acknowledgement that he agrees to the payment for all the work performed including all change orders and claims. Any outstanding payroll records will be submitted, and potential liens will be released. All maintenance and operation manuals will be confirmed to have been submitted. The final project walk will generate a final punchlist. The Cities of La Quinta, Coachella, and Indio will have input for their jurisdictions. Once the work is satisfactorily completed, the project can be recommended for acceptance to CVAG. Grind and overlay, construction of the new bike paths, retaining wall construction, bridge, and traffic signal work may take place concurrently in different locations. The NEPA permit will be obtained after 90% design is reviewed but before 100% design is submitted. The contractor will have multiple crews available to work at any given time. No dewatering is required. The total duration for construction including closeout activities will be 21 months, about 420 working days. TYLin constructability reviews will take place after 65%, 90% and 100% design is submitted. The contractor will need 2 months for submittals and City and County Traffic Controls Plan approvals after contract award and prior to NTP 74 Page 29 CVAG Arts and Music Line Construction Management Services Arts and Music Lime Coachella Valley Association of Governments Proposed Construction Schedule D 0 Task Name Duration Start Finish 2024 2025 2026 v tri tr4 tr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 � Qtr4 Qtr Qtr Qtr 1 Pre -Construction 291 days Fri 8/18/23 Fri 9/27/24 Period 2 Perform 20 days Fri 8/18/23 Thu 9/14/23 Constructability Review- 95% PS&E 3 Finalize Plans 120 days Fri 9/15/23 Thu 2/29/24 NEPA, and Permits 4 Advertise for 1 day Fri 3/1/24 Fri 3/1/24 Construction 5 Contract Award 90 days Mon 3/4/24 Fri 7/5/24 6 Submittal Review 60 days Mon 7/8/24 Fri 9/27/24 7 Pre -Construction 1 day Tue 9/10/24 Tue 9/10/24 Meeting 8 Construction 420 days Wed 9/11/24 Tue 4/21/26 9 Area 1- Ave 48/La 195 days Wed Tue 6/10/25 Quiinta 9/11/24 10 Removals 65 days Wed 9/11/24Tue 12/10/2' 11 Construct new 75 days Wed Tue 2/11/25 curbs 10/30/24 12 Conduit and ligh 50 days Wed 1/8/25 Tue 3/18/25 13 Construct 40 days Wed 3/5/25 Tue 4/29/25 Bikelane 14 Overlay Street 30 days Wed 4/23/25Tue 6/3/25 15 Stripe and open 5 days Wed 6/4/25 Tue 6/10/25 ir 16 Area 2- Ave 48/Inc 205 days Wed 12/11/; Tue 9/23/25 17 Removals 130 days Wed 12/11/2Tue 6/10/25 18 Construct new 90 days Wed Tue 7/1/25 — curbs 2/26/25 19 Conduit and ligh 70 days Wed 4/2/25 Tue 7/8/25 20 Construct 80 days Wed Tue 8/19/25 Bikelane 4/30/25 21 Overlay Street 60 days Wed 6/18/25Tue 9/9/25 22 Stripe and open 10 days Wed 9/10/25Tue 9/23/25 23 Area 3- 145 days Wed Tue Evacuation 6/11/25 12/30/25 24 Removals 25 days Wed 6/11/25Tue 7/15/25 25 Wall Constructic60 days Wed 7/16/25Tue 10/7/25 26 Pave 30 days Wed 10/8/25Tue 11/18/21 27 Rail, Stripe, and 30 days Wed Tue open 11/19/25 12/30/25 28 Area 4- Hjorth Stre 100 days Wed 8/13/2! Tue 12/30/2! 35 Area 5- Van Buren 100 days Wed Tue 2/10/26 Street 9/24/25 42 Area 6- Dillon Row 120 days Wed 11/5/2! Tue 4/21/26 43 Removals 30 days Wed 11/5/25Tue 12/16/2! 44 Construct new 25 days Wed Tue 1/20/26 curbs 12/17/25 45 Conduit and ligh 15 days Wed 1/21/2ETue 2/10/26 46 Construct 25 days Wed Tue 3/17/26 Bikelane 2/11/26 47 Overlay Street 20 days Wed 3/18/2ETue 4/14/26 48 Stripe and open 5 days Wed 4/15/2E Tue 4/21/26 49 Post Construction 46 days Wed 4/22/2(Wed 6/24/2( 50 Final Estimate 30 days Wed 4/22/2ETue 6/2/26 51 As-Builts 40 days Wed 4/22/2ETue 6/16/26 52 Final Acceptance 5 days Wed 6/17/2ETue 6/23/26 53 Deliver Files 1 day Wed 6/24/2E Wed 6/24/2E Project: Project1 Task I Summary ii Inactive Milestone Duration -only Start -only C External Milestone ♦ Manual Progress Date: Fri 8/18/23 Split ............. Project Summary Inactive Summary D D Manual Summary Rollup Finish -only ] Deadline i Milestone ♦ Inactive Task Manual Task Manual Summary r ........ I External Tasks Progress TYLin 75 'IYI/in Page 30 02 A HOURLY RATES Arts and Music Line Construction Management Services TYLin Joseph Smith, PE, CCM Project Manager $326.81 $339.88 Thomas Nowak, PE, QSD Resident Engineer/Structure Rep. $256.20 $266.45 Abigail Manriquez Office Engineer $129.56 $178.00 $134.74 $178.00 Alejandro Armendariz Structural/Const. Inspector $149.43 $182.73 $155.41 $182.73 Curis Musashi, EIT Structural/Const. Inspector $129.35 $176.70 $134.52 $176.70 AIX Robert Delgado Inspector/Safety $205.70 - $213.93 - Frank Duffy Lead Inspector $205.70 $178.50 $213.93 $178.50 CONNECT AND CORPORATION Andrea Suarez Outreach Director -FT $170.00 - $176.80 - Jessica Sanchez Outreach Specialist- FT $90.00 $93.60 Christine Feldman Creative Director/Graphic Design- PT $110.00 $114.40 Jenessa Sanchez Outreach Coodinator- PT $51.00 - $53.04 - DESI John Kannor Sr. Electrical Inspector $162.14 $178.50 $168.63 $175.50 Michael Roush Electrical Inspector $162.14 $178.50 $168.63 $175.50 Chia -Chi Wang Labor Compliance Officer $185.32 - $192.73 - ECORP Kevin Israel Environmental Manager $160.00 $166.40 Wendy Turner Senior Biologist $160.00 $166.40 Sonia Sifuentes Cultural Resources Task Manager $160.00 $166.40 Jesus "Freddie" Olmos Principal Environmental Planner $210.00 $218.40 Seth Myers Air Quality/Noise Task Manager $195.00 $202.80 Caroline Garcia Lead Biological Monitor $106.74 $111.01 Robert Cunningham Archaeology Support $110.50 $114.92 Julian Acuna Lead Archaeological Monitor $106.74 $111.01 Scott taylor Aquatic Resources Specialist $161.73 $168.20 Samantha Alfaro CEQA Support $90.83 $94.46 Marc Guidry GIS $158.63 $164.98 Torrey Rotellini GIS $96.33 $100.18 Jackie McComas Admin $110.56 $114.98 Laura Hesse Publications $112.66 $117.17 GEOCON See attached rate sheet on page 9. 76 Wr l I 1 n Page 7 Arts and Music Line Construction Management Services MICHAEL BAKER Jarrad Truman, PLS Lead Surveyor $275.00 $286.00 Christopher Albert, PLS Lead Surveyor $300.00 $312.00 Steven Chi, PLS Field Supervisor $185.00 $192.40 ZT CONSULTING Farzad Tabingoo Principal Engineer $206.30 $214.55 Derick Hobbs SMR/ Quality Engineer $128.36 $133.49 Andrew Soria Lead Precast QA Inspector $136.39 $141.85 William Kent Lead QA Inspector $173.06 $179.98 Eric Sanabria QA Inspector $120.34 $125.15 Nathan Liszewski QA Inspector $128.36 $133.49 MAGANA CONSULTING Martin Magana President/ Construction Liaison $175.00 $182.00 'IYI,in 77 Page 8 CVAG Arts and Music Line Construction Management Services GEOTECHNICAL GE OC ON ENVIRONMENTAL W ESE T, INC. 2023 Schedule of Fees — RV23 MATERIALS PROFESSIONAL SERVICES Word Processor/Non-Technical Assistant/Draftsman..................................................................................................................................................$90/hr. $10/hr. EngineeringAssistant/Lab Technician.......................................................................................................................................................................... $90/hr. EngineeringField Technician....................................................................................................................................................................................... *801hr. SeniorField Technician................................................................................................................................................................................................ *80/hr. Special Inspector (Concrete, Rebar, Masonry, Welding, etc.).................................................................................................................................... *90/hr. FieldTechnician Supervisor....................................................................................................................................................................................... *120/hr. StaffEngineer/Geologist............................................................................................................................................................................................. *125/hr. Sr. Staff Engineer/Geologist....................................................................................................................................................................................... *135/hr. ProjectEngineer/Geologist......................................................................................................................................................................................... *145/hr. SeniorProject Engineer/Geologist............................................................................................................................................................................. *155/hr. SeniorEngineer/Geologist.......................................................................................................................................................................................... *165/hr. AssociateEngineer/Geologist..................................................................................................................................................................................... *175hr. Principal Engineer/Geologist/Litigation Support..........................................................................................................................................................400/hr. $100/day AttorneyFees (General)............................................................................................................................................................................................. $500/hr. Depositionor Court Appearance................................................................................................................................................................................ $550/hr. Overtime/Saturday Rate/Night Rate (7pm — 6am w/ 8 Hr minimum per call out)......................................................................1.5 X Regular Hourly Rate Sunday and Holiday Rate................................................................................................................................................................2 X Regular Hourly Rate Minimum Field Services Fee per call -out, 4 hrs (if 4 hrs or less), 8 hrs (if more than 4 hrs and less than 8 hrs) Short -Notice Cancellation 4 hrs (if after 4 pm of the day prior to the scheduled inspection time) Short -Notice Cancellation, 4 hrs (upon or after arrival atjobsite) *Prevailing Wage (PW) California Labor Code §1720, et. Seq. add $45/hr. TRAVEL E Personnel................................................................................................................................................................................................. Regular Hourly Rate Subsistence (Per Diem)................................................................................................................................................................. Quote Based on Location VehicleMileage........................................................................................................................................................................................................ 0.75/mile EQUIPMENT & MATERIALS *Nuclear Density Gauge/Sand Cone Testing Equipment ............. $10/hr *Vehicle............................................................................................ $10/hr. *Special Inspection Equipment........................................................ $5/hr. Coring Machine (concrete, asphalt, masonry) .......................... $285/day Generator..................................................................................... $150/day Double Ring Infiltrometer........................................................... $200/day GPSUnit...................................................................................... $175/day Pick-up Truck.............................................................................. $150/day Mobile Laboratory with Lab Technician .................................. $1,650/day Drive -Tube Sampler..................................................................... $60/day Hand-Auger.................................................................................. $50/day Dynamic Cone Penetrometer.................................................... $250/day Manometer................................................................................. $100/day Schmidt Hammer....................................................................... $100/day Water Buffalo .....................................................................$751ea. Battery -Powered Pump..............................................................$100/day Water Level Indicator....................................................................$50/day Perforated 3" PVC Pipe............................................................... $45/1 Oft. Gravel............................................................................................ $30/bag Sand.............................................................................................$30/bag AC Cold Patch.............................................................................. $30/bag Quick Set PCC Patch................................................................... $30/bag Temp Marking Paint..................................................................... $15/can LathBundle..................................................................................$1001ea. Air Compressor...........................................................................$1501day Soil Sample Tube..........................................................................$15/ea. Percussion Hammer Drill...........................................................$125/day 31 78-075 Main Street #G-203 ■ La Quinta, California 92213 ■ Telephone 760.565.2002 ■ Fax 951.304.2392 io' mki: Y I I i n Page 9 r CVAG Arts and Music Line Construction Management Services GEOTECHNICAL 0GE OCON ENVIRONMENTAL rsz INC. 2023 Schedule of Fees — RV23 MATERIALS LABORATORY TESTS COMPACTION CURVES (D698/D1557/T99/T108) 4 -inch mold ............................................... $220 (D698/D1557/T99/T108) 6 -inch mold ............................................... $230 (CT 216) California Impact................................................................. $230 CheckPoint........................................................................................ $100 (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ................. $150 (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) ............ $50 (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ................. $300 (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ......... $100 SOIL AND AGGREGATE STABILITY (D2844/CT301) Resistance Value .................................................... $290 (D2844/CT301) Resistance Value, Treated ...................................... $295 (D1883) California Bearing Ratio ...................................................... $530 (C977) Stabilization Ability of Lime .................................................... $185 (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ................. $105 CHEMICAL ANALYSIS (G187/CT643/T288) pH and Resistivity ............................................ $135 (D4972/T289) pH Only......................................................................... $30 (CT417) Sulfate Content.................................................................... $100 (CT422) Chloride Content.................................................................... $55 (D2974) Organic Content..................................................................... $50 PERMEABILITY, CONSOLIDATION AND EXPANSION (D2487/D2488) Visual Soil Classification............................................$30 (D5084) Permeability, Flexible Wall .................................................. $270 (D5856) Permeability, Rigid Wall ...................................................... $260 (D2434) Permeability, Constant Head ............................................. $280 (D2434) Permeability, FHA Slab -on -Grade ...................................... $110 (D2434) Permeability, Hourly.............................................................. $55 (D2435IT216) Consolidation (6 pts. w/ Unload) ............................... $350 (D2435/T216) Consolidation Additional Point wl Unload ................... $65 (D4546) Swell/Compression Testing & Density ................................ $120 (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) ............. $85 (D4546) Swell/Settlement Testing & Density (County) .................... $100 (D4546) Swell/Settlement Testing & Density (FHA) .......................... $90 (D4829) Expansion Index of Soils ..................................................... $160 'IYUn SOIL AND AGGREGATE PROPERTIES (D422/T88) Particle Size, Hydrometer w/out Sieve ..........................$165 (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ................$150 (D3080/T236) Direct Shear (3 points) ..............................................$295 (C13606913/T27) Sieve, Coarse or Fine w/ #200 Wash................$115 (D3080/T236) Remolded Direct Shear (3 points) .............................$300 (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash...............$100 (D3080/T236) Direct Shear Addtl. Points/ea. residual pass.............$115 (C117/D1140/T11) Materials Finer than #200 .....................................$90 (D2850) Unconsolidated -Undrained Triaxial Shear ..........................$160 (D2216/T265/CT226) Moisture Content..............................................$30 (D2580) Unconsolidated -Undrained Triaxial Staged ........................$160 (D2487/D2488) Visual Soil Classification............................................$30 (D4767) Consolidated -Undrained Triaxial Shear..............................$265 (D2937) Density of In -Place Soil, Drive-Cyl. Method ..........................$45 (D4767) Consolidated -Undrained Triaxial Staged............................$340 (D4943) Shrinkage Factors of Soils, Wax Method..............................$55 (EM1110) Consolidated -Drained Triaxial Shear...............................$375 (Cl 31/C535/CT211) L.A. Abrasion Resistance................................$200 (EM1110) Consolidated -Drained Triaxial Staged .............................$480 (C142/T112) Clay Lumps and Friable Particles................................$170 (C123/T113) Light Weight Particles ...................................................$245 (D3744/CT229/T210) Durability Index Fine ......................................$190 (D3744/CT229/T210) Durability Index Coarse..................................$225 (CT227) Cleanness Value..................................................................$170 (D4791) Flat & Elongated Particles ................................................... $165 (D693/CT205) Percent Crushed Particles.........................................$145 (D5821) Percent. of Fractured Particles, Coarse Aggregate ............ $140 (C40/CT213/T21) Organic Impurities..................................................$75 (C235) Soft Hardness (Scratch Hardness) ......................................$100 (C88/CT214/T104) Sulfate Soundness.............................................$410 (C1252/T304) Uncompact. Void Content, Fine Aggregate ..............$150 (C127/CT206/T85) Coarse Specific Gravity......................................$125 (C1281CT207/T84) Fine Specific Gravity ..........................................$150 (D8541CT209/T100) Specific Gravity of Soil .....................................$150 (C29/CT212/T19) Unit Weight & Percent Voids..................................$90 (D2419/CT217/T176) Sand Equivalent.............................................$110 (D43181CT204/T89/T90) Plastic Index (PlasticlLiq. Limit) ...............$165 (D4318/CT204/T89) Liquid Limit..........................................................$95 (D43181CT204/T90) Plastic Limit.........................................................$95 (C330) Spec. for Lightweight Aggregates, Struc. Concrete .......... Quote SHEARSTRENGTH (D2166) Unconfined Compression ....................................................$100 (D3080/T236) Direct Shear (3 points) ..............................................$295 (D3080/T236) Remolded Direct Shear (3 points) .............................$300 (D3080/T236) Direct Shear Addtl. Points/ea. residual pass.............$115 (D2850) Unconsolidated -Undrained Triaxial Shear ..........................$160 (D2580) Unconsolidated -Undrained Triaxial Staged ........................$160 (D4767) Consolidated -Undrained Triaxial Shear..............................$265 (D4767) Consolidated -Undrained Triaxial Staged............................$340 (EM1110) Consolidated -Drained Triaxial Shear...............................$375 (EM1110) Consolidated -Drained Triaxial Staged .............................$480 -2- 79 Page 10 02 C A AillIk WCTEOCON WEST. 3100 LABORATORY TESTS (CONTINUED) (A370) Bend Test Arts and Music Line Construction Management Services 2023 Schedule of Fees — RV23 • #11 Bar & Smaller.............................................................................. $50 • #14 &#18 Bar.................................................................................... $70 (A370) Tensile - Mechanically Spliced Bar $175 • #11 Bar & Smaller............................................................................ $150 • #14 Bar & Larger.............................................................................. $190 (A370) Tensile — Electric Resist. Butt Splice w/ Control ................... $150 (A370) Straightening of bar (if required) .............................................. $25 Structural Steel Tests: $50 • (A370) Machining & Prep of Test Specimen ...................... Cost + 20% • (A370) Tensile Strength & Elongation Up to 200,000 lbs ...................................................................... $100 200,000 — 300,000 lbs.............................................................. $125 300,000 — 400,000 lbs .............................................................. $150 Pre -stressing Wire & Tendon Tests: • (A421) Tensile Strength, Single Wire .............................................. $150 • (A416) Tensile Strength, 7 -Wire Strand .......................................... $175 High Strength Bolt, Nut, & Washer Tests: • (A325/A490) Tensile Test on Bolts ................................................. $100 • (A563) Proof Load Test on Nuts ..................................................... $100 • (A325/A490) Hardness Test on Bolts ............................................... $50 • (A536) Hardness Test on Nuts.......................................................... $50 • (F436) Hardness Test on Washers ................................................... $50 Weld Specimen Tests: • (E164) Ultrasonic Examination ......................................................Quote Machining & Prep of Test Specimen ........................... Cost + 20% • (E381) Macrotech Test (3 Faces) .................................................. $355 ASPHALT TESTING Asphalt Properties: • (D2726/CT308/T166) Bulk Spec. Gray., Compacted HMA........... $100 • (D1560/CT366) Stabilometer Value (HVEEM) .............................. $145 • (D2041) Theoretical Max Specific Gravity ...................................... $145 • (D5444) Sieve Analysis of Extracted Asphalt ................................. $150 • (D6307/CT382) Percent Asphalt, Ignition Method ......................... $150 • (D1188) Unit Weight of Asphalt Core ................................................ $65 MISCELLANEOUS TESTING SERVICES • Emulsion........................................................................................... $300 • Wet Track Abrasion......................................................................... $175 MASONRY** GEOTECHNICAL ENVIRONMENTAL MATERIALS Concrete Block Test (Sets of 3 Required): • (C140) Unit Weight Moisture Content & Absorption .......................$195 $200 • (C140) Moisture Content/Absorption (ea. addtl. specimen) ............$65 $300 • (C140) Compression Test................................................................$195 • (C140) Compression Test (ea. addtl. specimen).............................$65 $320 • (C426) Linear Drying Shrinkage ......................................................$285 Regular Tech Rate • (C109/UBC 21-16) Mortar Cylinder (2"x4") ......................................$30 *2X Surcharge on rush turn -around for laboratory testing. • (C942) Grout Prism (3"x3"x6"), trimming included ............................$35 Masonry Prism (Assemblage): •(C1314)8"x8"x16"-8"x12"x16" .....................................................$200 • (C1314) 8"x16"x16"-10"ATA6.. .................................................$225 • (C1314)12"ATA6"-12"x16"x16" ...............................................$250 • (C1314) Larger than 12"x16"x16"................................................ Quote Brick Test (Set of 5 Specimens): • (C67) 24 -Hour Absorption, Cold Water...........................................$225 • (C67) 5 -Hour Absorption, Boiling Water..........................................$225 • (C67) Compression Test or Modulus of Rupture............................$255 • (C67) Each Additional Specimen.......................................................$45 CONCRETE** Mix Designs: • (ACI211/ACI214) Concrete Mix Design ..........................................$350 • (ACI211/ACI214) Review of Concrete Mix Design .........................$350 • (C192) Concrete Trial Mix (includes equipment & labor) ...............$495 Concrete Properties: • (C39/CT521/T22) Comp. Strength, Concrete Cyl.............................$30 • (C421CT521/T22) Comp. Strength, Concrete/Gunite Core..............$60 • (C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam.............$165 • (C174) Length Measuring of Drilled Cores.......................................$75 • (C1140) Shotcrete Panel -Coring & Testing (Set of 3) ....................$290 • (C1140) Shotcrete Panel (each addtl. specimen).............................$90 • (C496) Static Modulus of Elasticity ..................................................$200 • (C496) Drying Shrinkage (Set of 3, up to 28 days).........................$395 • (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete .......... $95 • (F1869) Moisture Vapor Emission Rate, Concrete Subfloor............ $50 Calibration of Hydraulic Ram: • 100 Ton & Under.............................................................................. $200 • 101 Tons — 200 Tons....................................................................... $300 Use of Universal Testing Machine: • UTM with One Operator.................................................................. $320 • Additional Technician ............................................... Regular Tech Rate Spray Applied Fireproofing: *2X Surcharge on rush turn -around for laboratory testing. • (E605/E736) Fireproofing Oven Dry Density/Thickness...... $90 **Fee applies for sample storage, testing, or disposal. -3- 'IYI,in Page 11 WCVAGArts and Music Line Construction Management Services GEOTECHNICAL REj 0O ENVIRONMENTAL 'Wzn. INC_. 2023 Schedule of Fees - RV23 MATERIALS 1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only and include reporting of routine results not calling for comments, recommendations or conclusions. 2. Sampling and testing are conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies. 3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is based on the local costs per day when location of work dictates. 4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein. 5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent, and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above. 7. Client and Geocon shall allocate certain of the other risks so that to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon's liability to them and require them to abide bysuch limitation for damages suffered by any contractor or subcontractor arising from Geocon's actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon's actions or inactions. -4- 'IYI,in 81 Page 12 Attachment A-3 Chen Ryan Associates, Inc. Technical and Fee Proposal Contract No. CVAG-20-018-03 Project: ATP — Arts and Music Line Fly, sons 4. Work Plan The CVAG Arts & Music Line: The nexus of transportation planning and the arts The approach that informs our vision for the CVAG Arts and Music Line (AML) Active Transportation Plan (ATP) Non -Infrastructure Program is the nexus of active transportation planning and the arts. If infrastructure is the physical manifestation of the AML, then the arts, education and encouragement elements that define the Non -Infrastructure Program are the cultural manifestation of the AML. La I Indio ella Coachella Valley has experienced a steady growth over the last fifteen years that has increased vehicular traffic, collisions, and air pollution. The AML ATP Non -Infrastructure Program (AML NI Program) focuses on moving youth, seniors, and the mobility - challenged community to parks and activity centers including recreation centers, schools, and commercial centers. The AML NI Program also incorporates arts into the design of the AML and will deploy active transportation education curriculum and community encouragement campaigns. The scope, scale, and holistic approach of the AML has the potential to be highly transformative for residents, visitors, and businesses with impacts and effects far reaching throughout the Coachella Valley. Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES The CRA team knows the history of the AML; CRA and Arellano Associates (AA) helped conduct community engagement and supported the Caltrans ATP Cycle 6 grant application submittal. The CRA team recognizes the importance of the AML for connecting transportation planning and the design process, as well as changing people's minds and transportation choices. The overarching goal of the AML is to improve health and increase safe mobility for residents, workers, students and visitors (particularly vulnerable populations reliant upon walking/biking for transportation) to jobs, schools, and activity centers through the AML. The AML will facilitate improved public health, social equity, and provide other important community benefits. The AML will be used to achieve the following objectives: A. Enhance multimodal neighborhood mobility by strategically identifying street and sidewalk connections, crossings, gaps, and identifying how residents can better access businesses, retail centers, schools, parks, recreational facilities, and community services, through a seamless active transportation network. B. Improve active transportation safety by exploring linkages of residences, schools, and other activity centers via pedestrian and bicycle corridors and the AML, assessing the conditions of the streets and sidewalks connecting these places, and by identifying countermeasures to target the main causes of bicycle and pedestrian - involved traffic collisions in the region. C. Foster equitable, livable and healthy communities by improving walking and bicycling access to desired destinations, building upon existing plans and public health programs that not only identified destinations to implement changes for social equity, but also provide the framework to identify more destinations for future work in expanding such initiatives. This project focuses on providing people opportunities to achieve a healthier lifestyle and create a sense of community using pedestrian and bicycle infrastructure with the AML. 83 P/11 on The construction of the AML will create a high quality pedestrian and bicycle corridor through Coachella, Indio, La Quinta, and unincorporated Riverside County. The AML will connect to eleven schools from the Desert Sands Unified and Coachella Valley Unified School Districts, the Coachella Valley Link (CV Link, the regional multi -use trail) and Bear Creek Trail, as well as connections to nine different neighborhoods and community parks including Rancho Las Flores Park, Dr. Carreon Park, Hijorth Park, Saguaro Park, La Quinta Park, De Oro Park, Shields Park, South Jackson Park, and Civic Center Campus. CRA will work with staff to determine a clear set of performance metrics that will be tracked through a two-year arts, education and awareness program with the goal of creating a system for measuring mode shift and active transportation change over time in the Coachella Valley. At the center of this curriculum is a community -wide bicyclist and pedestrian safety and education awareness campaign that will include instructional activities throughout the community reaching students, residents, visitors, commuters, and other community stakeholders. The CRA team will leverage its relationships it has built with Desert Sands Unified and Coachella Valley Unified, as well as the 11 schools making up the project area, through outreach in the community in 2021 and 2022 and through other CVAG projects. O DESIRED OUTCOMES OF THE AML The AMUS origins come from the communities of Coachella, Indio, and La Quinta, CVAG, area schools, and other stakeholders. They have expressed the desired outcomes of the AML, which we understand to be: ► Access to amenities of daily life through active transportation (parks, grocery stores, pharmacies, employment, etc.) ► Active transportation safety and enjoyment ► Community/public health through active transportation ► Educational and skill development of students and the broader community about active transportation and the arts ► Promotion and support for the arts Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan ► Positive experience in communities' relationship with public agencies through collaboration ► Enhancing the icon of Coachella Valley as an arts destination ► Improved aesthetic experience of Avenue 48 and the "spurs" connecting to project area schools ► Reduction of greenhouse gas emissions through increasing active transportation The AMUs NI Program will contribute to the identity of the region as an arts destination and draw people from all over the world. The AML is a tool for capitalizing on state, national and international interest in the Coachella Valley. While there are many positive economic benefits to hosting the Coachella and Stagecoach festivals, there are also environmental impacts to the Valley. CRA will work with CVAG to collaborate with each festival's organizers to develop an active transportation plan to improve mobility options during the periods when festivals are being held, with materials that will encourage festivalgoers to use active transportation while attending. As is the case with cities who have seasonal influxes of visitors due to regularly scheduled and seasonal events, the AML is a strategy to address the transportation and arts needs of communities throughout the year, and visitors on festival occasions. Scope of Work O TASK 1: PROJECT MANAGEMENT & ADMINISTRATION PROJECT MANAGEMENT CRA Project Manager, Jenny An, will organize and facilitate the AML NI Program project kick-off meeting. That meeting will establish project direction, communication protocols, and refine the project schedule and scope. The kickoff meeting will introduce the approach and plan for outreach and engagement, data collection and analysis, as well as the preparation of associated public facing materials including the project promotion toolkit, maps, and visuals. A meeting agenda will be submitted by CRA in advance of the kickoff meeting and presumably include a review of the project scope, budget, schedule, establish a bi-weekly check in meeting, and 84 p/12 on a preliminary discussion of branding, project look and feel, and communication protocols. After the kickoff meeting, CRA will develop and submit minutes within five business days focusing on key decisions, action items, and next steps. Jenny will maintain a detailed project schedule and budget consistent with this proposal (pending any changes at the kickoff meeting), with careful attention to the allocation of resources and control over task execution. CRA has proposed a schedule (see GANTT Chart at the end of this section) to establish a logical task sequencing including outreach activities, which will be further refined in the opening month of the project. The CRA team has led many projects of this scale, vision, and scope, and has the multidisciplinary staff to deliver. CRA recognizes the importance of presenting detailed and technical materials in an intuitive and aesthetically attractive format to the public. After the schedule has been confirmed at the kickoff meeting, CRA will develop a simplified version of the project schedule for use in the Promotional Toolkit, for the purpose of public presentation. CRA and CVAG will hold biweekly, primarily virtual meetings with partner agencies and stakeholders. In addition to these regular meetings, CRA will support and facilitate meetings of the existing Ad Hoc Committee and other already -committed stakeholders with the goal of maintaining existing AML public outreach providing continuity for the AML NI Program. Additionally, CRA will assemble and maintain a list of AML stakeholders. This list begins with the Ad Hoc Committee and currently active stakeholders and will be further developed as the AML reaches more people within the project area communities and people throughout the cities of the Coachella Valley. The AML NI Program is ambitious to a degree that knowledge of it could become a household conversation, and thus we expect stakeholder interest to increase qualitatively and quantitatively. AA will recruit participants for the Stakeholder Advisory Group from the stakeholder pool, City staff, and potentially from other community- based organizations in underserved communities. The CRA team will prepare Stakeholder Advisory Group meeting invitations and track invitations and RSVPs. Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan CRA will facilitate 8 meetings with the Ad Hoc Committee, Transportation, and Executive Committees. To inform as well as draw upon assets within CVAG, CRA will make presentations to CVAG's Transportation Committee meetings and Executive Committee meetings throughout the three-year duration of the AML NI Program at key decision making points. The CRA team will prepare presentation content related to outreach efforts for Transportation, Executive, and Ad Hoc Committee, and other stakeholder meetings. 0-1 4A TASK 1 DELIVERABLES • Meeting agendas, minutes • Technical memos • Staff reports and attachments • Stakeholder list • Ad Hoc Committee list • Grant reporting materials • Presentation materials • Biweekly project meetings (in-person or remote, as approved by CVAG) • Ad Hoc Committee, stakeholders and member agencies meetings (8 meetings) • Transportation Committee (2 meetings) • Executive Committee (2 meetings) O TASK 2: COMMUNITY OUTREACH AND ENGAGEMENT Prior engagement on the AML has been extensive, robust, and impressive and this is the foundation of the AML since 2018. The Ad Hoc Committee and active stakeholders comprising the Stakeholder Advisory Group will continue to be engaged and will include community-based organizations (CBOs), schools, communities in the project area including families living in affordable housing. The diversity of publics engaged in the AML includes generational diversity, which has been facilitated by intentional collaboration with institutions and organizations for the young and elderly. The Stakeholder Advisory Group is best positioned for understanding how, when, and where outreach in the project area will be most effective, and whose networks will be a vital 85 p/13 on asset for achieving broad-based public engagement. AA has been our engagement partner on the AML throughout the earlier phases of the project. Continuity and a track record of successful collaboration with CVAG is a major asset that we bring to the project. We have already achieved project collaboration efficiencies — relationships, communication protocols, and unparalleled project understanding — that allow us to hit the ground running with CVAG. TASK 2.1: OUTREACH AND ENGAGEMENT PLAN CRA and AA, in collaboration with the stakeholder group, will launch a new phase of outreach and community engagement for the AML NI Program, leading to the creation of an Outreach and Engagement Plan (CEP) (draft and final). AA, with input from CVAG, will prepare a detailed OEP that will include parks' and recreation centers' information as well as data from the technical team and community engagement events throughout the development of the AML NI Program. This OEP will identify outreach methods and activities, as well as new stakeholders to engage including students, residents, advocates, and CBOs not previously involved in the project. The OEP will consist of a strategy to fully engage disadvantaged communities, including outreach in multiple languages and through nontraditional means to reach groups that may not typically participate in the urban planning process. The OEP, utilizing AML branding and visual approved as part of the Promotional Toolkit (see examples below), will present engagement dates informed by the Coachella Valley communities. Schedules will include established community events as well as potential events at ideal locations for community engagement. The OEP will include timeline and strategies for how to integrate the project promotion and outreach events including up to 22 pop-up events, 10 community events, participatory challenges such as Bike to Work Day, Bike to Work Month, or National Walk and Bike to School Day. The Project will also work integrate the SCAG Go Human toolkit for demonstration/safety education classes/assemblies. The OEP schedule will also be informed by the academic calendar as part of the school-based Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan programs associated with the AML NI Program. Outreach and engagement events will also be timed with families' working schedules and availability in mind. The activities and materials of engagement will be in formats appealing to the community, and with an understanding of diverse learning styles for widespread appeal. The goals for each outreach activity will be defined by the project leadership, informed by local communities and stakeholders. A key piece of the OEP will be ongoing surveying throughout all engagement activities for the duration of the project. A paper and online survey tool will be promoted at events, on the project website, and distributed via all available electronic means of communication (email, social media outlets). The input generated through outreach will be documented as part of the project process. The input we hear from community members and other stakeholders will continually inform the project as it develops, particularly in terms of the conceptual development of the educational curricula and encouragement campaigns, the aesthetic/artistic development of the AML, and subsequent outreach opportunities and methods. As part of the initial review of contacts AA will identify missing key stakeholders in the communities of the project area and recommend their inclusion in the project contacts database. Identified groups will be considered for specific targeted notification and engagement during the outreach process. AA will maintain the database throughout the Project and add contacts as stakeholders join the project's electronic mailing list. The totality of the OEP along with the database of stakeholders and their input will be reported in an Appendix of Program Evaluation Report. This information will also inform CVAG and advisory committees, as appropriate. TASK 2.2: PROJECT PROMOTION At the onset of the project, CRA and AA will develop a branding and style guide for use in the AML Communications and Promotions Toolkit. This will include branding and a project logo that refers to the aesthetics of the natural beauty of the Coachella Valley as well as the centrality of the arts to the region and to the AML NI Program. CRAs graphic designer will produce copy of public facing materials (draft 86 p/14 on and final) that can be presented in multiple forms (for screen viewing, physical copies, etc.) and through a diversity of outlets (traditional media, online/social media, and local media including school newspapers/ newsletters, etc.). Project promotion is essential to inform stakeholders about the AML clearly and coherently. The CRA team are experienced in developing various strategies and collateral materials based on and tailored to the needs of the project. All materials will be translated into Spanish, following English content approval. The Communications and Promotions Toolkit will present a plan for the strategic targeting of audiences, scheduled according to the timing of engagement events, and according to project milestones. The following materials will be developed: Project Branding: AA will create visually engaging project branding in alignment to enhance project recognition and resonance. CRA and AA will listen closely to the community about the brand identity of the AML NI Program, such that it will be context -sensitive and appealing to residents and visitors alike. The brand will reference the region as an icon of arts and music, as a region that supports the arts from within (uplifting local artists) and from without (showcasing talent from beyond the Coachella Valley). Materials utilizing project branding will include promotional items, tabling materials including posters, banners, or tablecloths. AA will work with the Project Team to ensure graphics are consistent with the CVAG's branding guidelines. ► Communications and Promotional Toolkits: AA will develop two Communications and Promotional Toolkits, one for schools and one for employers. The Toolkits will focus on encouraging participation and feedback from program partners and participants. Anticipated partners include Riverside County Public Health, Coachella Valley and Desert Sands Unified School Districts, Cities of Coachella, Indio, La Quinta, and Riverside County. Public facing materials will be bilingual (English and Spanish) and include an 11 x1 7 poster, postcards, online/paper survey, data gathering tools, and other items. Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan Social Media: AA will develop, at minimum, one social media post per month that can be shared across social media platforms for CVAG and partner cities' accounts. Posts will be visually appealing, informational, and provided in both English and Spanish. Project Website: AA will develop a project website for the AML NI Program to promote outreach and education materials, document activities, promote community events, participatory challenges, pop -ups, walk audits, and to facilitate data gathering for the AML NI Program. AA will host the website and post information about the project timeline, background information, and toolkit resources. There will also be opportunities to solicit feedback from visitors on various elements of the project. The website will also allow stakeholders to submit feedback without attending outreach events. It could include a simple online mapping tool to identify current barriers and recommendations for suggested improvements around a given park, school, or community activity site, and allow the ability to rank improvements. Other interactive website activities will be developed in coordination with CVAG and the technical team. ► Traditional Media: AA will develop promotion for radio, door to door notification, and telephone and SMS campaign in coordination with CVAG. Youth Focused: The project team will work with schools, recreation centers, public works, and parks and recreation departments in the partner cities to promote the project website and AML NI program. The project website will be promoted through each of the project schools through school newsletters. Employer Focused: The project team will work with employers, the Greater Coachella Valley Chamber of Commerce, and local businesses to promote the project website and AML program. Additionally, "business cards" which will contain a high-level summary of the project, the project's web address and a QR Code will be handed out at the outreach events. At the conclusion of the survey period, the Consultant will prepare a 87 p/15 on memorandum outlining the findings of the virtual engagement platform. 6 TASK 2 DELIVERABLES Outreach and Engagement Plan Project Contact Database Communications and Promotional Toolkits and collateral materials O TASK 3: EDUCATION AND ENCOURAGEMENT ACTIVITIES AA will plan and lead engagement events for this program. This will include pop-up events, community events, and participatory challenges such as Bike to Work Day, Bike to Work Month, and National Walk and Bike to School Day. Outreach at these events will be conducted to promote the AML NI Program and gather data from the community about opportunities and challenges of active transportation in the Coachella Valley. As part of all outreach events, active transportation incentives (such as merchandise, bicycle helmets, lights and bells) will be incorporated to encourage participation. TASK 3.1: COMMUNITY PARTNER COORDINATION To encourage participation and increase program awareness, AA will utilize extended outreach through community partners. AA will collaborate with CBOs who will be compensated to implement the notification plan utilizing their local networks and communication tools. CBO partners will be confirmed and on -boarded during the development of the outreach and engagement plan and will be asked to support outreach notification, host or support facilitation at community events, and serve as strategic advisors. AA will identify potential CBOs based on their proximity and relationship to stakeholders within the project corridor, their interest in active transportation projects, and/or their ability to provide a local event venue to meet people where they are already going. A potential partner includes the Coachella Valley Housing Coalition, who can Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan assist with notifying stakeholders in their communities via pop-up events or by distributing door -hangers. ASSUMPTIONS ► All collateral and notification materials will be translated into Spanish ► CVAG will share branding guidelines ► Technical consultants will contribute to the content of outreach materials ► Technical consultants will prepare maps and other technical materials TASK 3.2: POP-UP EVENTS The intent of pop-up events is to connect project - specific engagement with standing community functions, meetings, and events which have existing audiences and participants. Pop-up events add great value to the engagement process because it enables the project to connect and interface with individuals who may have meaningful input, but would not have otherwise been interested in participating in standalone project events. For this project, pop-up events may include a safety demonstration events (e.g., teaching riders how to properly navigate across streets), bicycle rodeos, bicycle skills classes, bike safety assemblies, safety events in partnership with local fire and police departments. All pop -ups will have raffles and giveaways related to active transportation to incentivize participation. Outreach will integrate existing events such as at the Tamale Festival and Date Festival, as well as coordination with music and arts festivals (e.g., Coachella and Stagecoach festivals). TASK 3.3: COMMUNITY EVENTS AA will organize and lead ten (10) community events. This may include bike rides/trains, walking tours or walking school buses to help educate the community on roadway safety. The outreach team will engage with local schools, the YMCA, and Boys and Girls Clubs to promote safety and awareness to the youth population. In addition, AA will collaborate with CBO partners to assist with promoting the community events to their audiences. The outreach team will also seek to partner with the American Automobile Association (AAA) on their bike safety program. 88 p/16 on Tabling at pop -ups and community events will involve project materials dissemination, appealing visuals, snacks and water, shade, and the opportunity to provide input on the AML NI Program via a survey or conversations with facilitators present . Promotion of the AML NI Program and events associated with the engagement campaign will also occur on public kiosks and in parking lots associated with community and arts events, through electronic communications means (messaging through SMS and robocalls), and through advertisements on radio stations such as KCRI, KVRA, KKUU, and KPST. The AML NI Program collaboration with area music and arts festivals is a key part of the engagement plan as it supplies the opportunity to simultaneously address the needs of festival organizers (with regard to transportation demand and environmental impact) as well the needs of local communities and the project team who are seeking the support of festival organizers and festivalgoers alike. With AA, CRA will lead in the planning and operations of bicycle services at music festivals of Coachella and Stagecoach, specifically by offering bike valet services as well as bicycle maintenance services for festivalgoers. As we elaborate in the Innovations section below, we foresee student involvement in the festival's bike elements in the form of assisting with bike valet and assisting with bicycle maintenance (the skills for which students will develop as part of the bicycle mechanics after-school program). TASK 3.4: COMMUNITY CHALLENGES The project team will help organize and promote two community participatory challenge events, such as a Bike to Work Day, Bike to Work Month, or National Walk and Bike to School Day. The goal of the these activities is to ignite a sense of enthusiasm within the community for walking and biking activities on one designated day. AA will explore multifaceted strategies including sustained promotional efforts, enticing raffles, and thoughtful giveaways. Collaborations with local businesses will be explored to provide attractive incentives, while also considering partnerships with employers to offer participation - based rewards. AA will prepare a media toolkit for local news stations to promote the challenges. Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan TASK 3.5: ARTS PROGRAM AND BIKE MECHANICS COURSE CRA will collaborate with school's art programs and look for opportunities to incorporate art into the AML project. This will include coordination with arts instructors, students, administators to secure and incorporate art work into the project procss for marketing, visual materials. The project team will work with CVAG to collaborate with music festival organizers to incorporate bicycle services. CRA will coordinate with a volunteer -run community bike repair shop to teach youth how to repair bikes and to educate interested community members on the the fundamentals of establishing and maintaining a volunteer -run repair shop that serves as a cooperative community space. To create efficiencies, the Team recommends collaborating with organizations with experience to utilize and build upon existing curriculum and models. This approach seeks to learn from proven models of success and is anticipated to help the CVAG region establish similar sustainable models and programs. ✓4' TASK 3 DELIVERABLES • Planning and attendance of up to twenty- two (22) pop-up events, ten (10) community events, and two (2) community challenges • Coordination with festival organizers for bike services • Public facing materials needed per the outreach and engagement strategy including PowerPoint presentations, boards, posters, and incentives • Event documentation including photos, summaries, and feedback received • CBO partner onboarding and coordination • Arts program • Bike mechanics course 89 p/17 on O TASK 4: EVALUATION AND ASSESSMENT TASK 4.1: GIS DATA COLLECTION CRA -- in coordination with CVAG, the Stakeholder Advisory Group, school districts and schools, the County, the Cities of Coachella, Indio, and La Quinta, and our project partners AA -- will conduct an inventory of project area physical conditions and assets of the project area, the neighborhoods of the project area and proximate neighborhoods, areas including the 11 schools that are part of the AML NI Program. The elements of the built environment that will be studied include sidewalks, street crossings, bus stops, and bikeways/bicycle infrastructure. Our analysis will include data on commercial and retail establishments, community spaces, parks, community centers, and religious facilities. Data collected will be relevant to metrics associated with Safe Routes To School, Safe Routes To Parks, and Safe Routes For Seniors planning and programs (see Task 5). CRA will develop GIS maps using available data sources and some inventory for each of the 11 school's surrounding areas and the Empire Polo Fields (where both Coachella and Stagecoach festivals are held), displaying their mobility networks (including street system, bikeways, sidewalks or missing sidewalk locations, and bus stops). The maps will highlight key land uses, destinations, and other points of interest. Neighborhood boundaries, school enrollment areas, and/or other potentially informative administrative boundaries will also be displayed. The maps will be used in the subsequent technical tasks and products of this study, including the collision analysis (Task 4.2), mobility assessments (Task 4.4), existing conditions (Task 4.6), and recommendations maps (Task 5). J . TASK 4.1 DELIVERABLES Technical memos and reports GIS mapping with metadata Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan TASK 4.2: BICYCLE AND PEDESTRIAN COLLISION ANALYSIS CRA will analyze a period of five years of recent pedestrian and bicycle collision history in the cities of the study area (which include the 11 schools served by the AML) using the client's preferred source of data, though if not otherwise specified then SWITRS/ TIMS records. The analysis will help identify trends, issues, high collision locations, common collision causes, and help determine which user group(s), if any, are disproportionately represented among the collisions. The findings will be presented on collision maps and supporting tables and summarized in a technical memo according to Caltrans ATP guidelines. The following attributes will be summarized by frequency: ► Intersection and segment locations ► Worst injury outcome ► Party at -fault ► Primary Collision Factors and/or CA Vehicle Code violations Findings from collision analysis will be examined in relationship to other technical analysis performed as a part of this scope, including the existing conditions, bike/walk audits, and multimodal and summarized in a technical memorandum (draft and final). The project team will determine collision exposure rates from crash frequencies and AADT (derived from multimodal counts and "Big Data", see Task 4.3), and assess those local conditions relative to regional, state, and national rates and benchmarks; this comparative section of the analysis will be summarized into a scorecard of roadway health. CRA can monitor collisions post -project during the lifespan of the study, with the caveat that making conclusions about safety effects would require additional years of collection. One helpful strategy for post -project monitoring can be for the project team to set up an online collision GIS map with capabilities to filter, visualize and summarize the data by key attributes. CRA can provide guidance to CVAG on how to maintain this resource and update on an annual basis with new records to assist with post -project safety monitoring. 90 P/18 on TASK 4.2 DELIVERABLES • Technical memos and reports • GIS data, documentation, maps, and summary tables • Presentation materials • Online collision GIS map and guidance for maintenance TASK 4.3: MULTIMODAL COUNTS CRA will commission 24-hour multimodal roadway segment/mid-block active transportation counts at up to 45 locations. These include the AML "spurs" leading to the project area schools (11 counts), Avenue 48 between major intersections (10 counts), at the 10 highest frequency collision locations (10 counts, Task 4.2), and at each of the two festivals (4 counts). Other locations will be chosen based on results from Existing Conditions facility locations (z 10 counts, Task 4.6). We will deploy 24-hour counts because they eliminate the necessity of extrapolation relative to peak rates. Existing Conditions facility locations will also influence the number of counts. CRA will collect mode share data pre- and post -AML construction. CRA will present our analysis of count data by mode converted to annual average daily trips (AADT) for collision analysis, and provided in tabular and GIS data formats. To help estimate activity rates in areas where count data is not collected, CRA will use location -based services data (otherwise known as "Big Data") to extrapolate pedestrian and bicycle volumes in other parts of the study area. CRA will use ReplicaHQ to retrieve pedestrian and bicycling data, to supplement the counts for the development of the AADT estimates needed to determine exposure rates for pedestrian and bicycle collisions. The use of Big Data can also assist with post -project activity monitoring. ✓ . TASK 4.3 DELIVERABLES Technical memos and reports 24-hour counts in 45 locations Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan • GIS mapping with metadata • ReplicaHQ Big Data to estimate pedestrian and bicycle activity throughout the project area • Presentation materials TASK 4.4: MOBILITY ASSESSMENTS CRA will observe mobility conditions in the field at the 11 schools of the project area and the Empire Polo Club that hosts the Coachella and Stagecoach music and arts festivals. Mobility Assessments will include Pedestrian Environment Quality Evaluation (PEQE) as part of the analysis of pedestrian conditions, and Level of Traffic Stress (LTS) as part of the analysis of bicycling conditions. During visits to each school, CRA will canvass the area surrounding the school, documenting the attributes and deficiencies of transportation assets, infrastructure, and presence of other support features (crossing guards, school chaperons, etc.) next to each school. Trip activity, routines and other travel behavior which occur during pick-up and drop-off periods will also be observed. During visits, CRA will meet with administrators deeply familiar with the school's transportation issues to supplement our understanding. Similar efforts will be undertaken to do mobility assessments at the Empire Polo Club, and in coordination with festival organizers. In Year 1, CRA will canvass the areas surrounding access to the Empire Polo Club, documenting transportation assets and infrastructure. Trip activity and festivalgoers' routines will be observed. In Year 2, CRA, in coordination with festival organizers, will deploy a transportation plan and maps to test new active transportation access to the festivals. The information gathered to produce brief mobility assessment reports for each school and the festival site with issues map and recommendations on how to improve their walking and bicycling conditions. These assessments may result in various types of recommendations such as new or improved crossing locations, sidewalk repair, new signage, suggested on routes to school or festival grounds, new bicycle parking, and changes in vehicle pick-up/drop-off routine. 0-1 -- TASK 4.4 DELIVERABLES • Technical memos and reports • GIS mapping with metadata • Presentation materials TASK 4.5: WALK AUDITS CRA will conduct Walk Audits as part of the mobility assessment. School administrators and other stakeholders at each of the 11 schools, and at the Empire Polo Club grounds that host Coachella and Stagecoach will be invited to participate. Walk Audits serve three functions for the AML NI Program: They are an engagement activity, particularly of students, parents, and educators, they are an educational experience as participants learn how to make systematic observations of roads and AT infrastructure, and they contribute vital data for understanding current AT conditions in the project area. Tasks 4.1, 4.4, and 4.5 will be conducted on the same day. ✓4 TASK 4.5 DELIVERABLES • Technical memos and reports • GIS mapping with metadata TASK 4.6: EXISTING CONDITIONS AND NEEDS ANALYSIS MEMO Based on the data collection, evaluations, and assessments of the physical and built environment of the project area completed in the preceding tasks, including bicycle and pedestrian collision data, multimodal counts, mobility assessments and bike and walk audits, CRA will prepare an Existing Conditions and Needs Analysis Memo (draft and Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan final). Like the data collection process, this Memo will be prepared in collaboration with CVAG, school officials, city staff, and other stakeholders, and culminate in presentations to various stakeholders and project partners. JQ- TASK 4.6 DELIVERABLES • Technical memos and reports • GIS mapping and metadata • Presentation materials O TASKS: ENGINEERING TASK 5.1: SAFE ROUTES TO SCHOOL, SAFE ROUTES FOR SENIORS, SAFE ROUTES TO FESTIVALS MAPS CRA will develop maps to convey the safe/suggested route recommendations identified in Task 4.4 for the 11 schools and the festival grounds. The purpose of these maps is to help guide people, particularly students, seniors, and visiting festivalgoers, to and from their respective destinations, along direct navigational routes from the destination's surrounding areas, along quality facilities, and which channel travelers to safe and preferred street crossing locations. The maps will be graphically appealing, using intuitive design and symbology, and be public facing. Formats will be optimized for screens and for physical copies. ✓EM ve TASK 5.1 DELIVERABLES • Technical memos and reports • GIS mapping with metadata • User maps • Website mapping • Presentation materials TASK 5.2: PROJECT IMPLEMENTATION STRATEGY RECOMMENDATIONS Upon completion of all data collection and analysis 92 p/20 on CRA will develop a Project Implementation Strategy Recommendations Memorandum (draft and final). The Memorandum will summarize CRAs analyses of data collected through our outreach, engagement, education and encouragement efforts, as well as our analyses of active transportation conditions and the broader transportation network in the project area. Based on those assessments, CRA will make a prioritized recommendations list for infrastructure as it relates to school/park access and programmatic recommendations. This Project Implementation Strategy Recommendations Memorandum will be prepared in collaboration with CVAG, school officials, city staff, and other stakeholders. Near the conclusion of the project, CRA will develop and lead the presentation of the Memo to CVAG and project stakeholders. TASK 5.2 DELIVERABLES • Technical memos and reports • GIS mapping with metadata • Presentation materials O TASK 6: PROGRAM EVALUATION CRA will develop a comprehensive Program Evaluation Report (draft and final) that will supply a complete assessment of the effectiveness of the public engagement activities, before and after construction of the AML. Metrics for evaluation will include: ► Stakeholders and project team member feedback/evaluation ► Outreach results ► Effectiveness of Communications and Promotions Toolkit ► AML design including arts implementation along the AML ► Curriculum development at schools and for the community ► Community challenges results ► Festival active transportation analyses and results Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan ► Summaries of all data collection results, including safety, multimodal counts, and mobility assessments This critical Program Evaluation Report allows for continued learning of the AML project team and stakeholders in terms of how the project unfolded, identifying what was effective and what was challenging, how challenges were overcome, and documenting how project outcomes and goals were met. 0-1 4- TASK 6 DELIVERABLE • Program Evaluation Report O METHODS OF BUDGET AND SCHEDULE CONTROL, AND QUALITY CONTROL BUDGET AND SCHEDULE CONTROLS CRA has a track record of delivering high quality projects on -schedule and within budget. Our outstanding organizational skills and technical capabilities in combination with the strong support from our experienced and highly -qualified staff— including our seamless internal team communication developed over years of working together — will ensure successful project completion. 9`O ®iudum-yampamo AJERA- 'C CRA prepares and tracks detailed project schedules for each task including a customized critical path driven schedule with a detailed list of subtasks, milestones, deliverables, and completion dates. Each task and subtask listed match the work outlined in the Scope of Services. 93 p/21 on 4. Work Plan CRA uses an interactive web -based management system to assist our project and task managers to successfully maintain control of a project budget by providing real-time status reports on performance, variances, forecasts, and expenditures for all project tasks. We apply earned value management as the primary means of monitoring project progress and forecasting performance by integrating the three fundamental components of every task order — scope, schedule, and budget. This allows CRA to evaluate and control project risk by planning and monitoring project performance. CRA prepares and tracks detailed project schedules through Microsoft Project. The schedule will typically consist of a customized critical path method schedule with a detailed list of subtasks, milestones, deliverables, and completion dates. Each subtask listed would match the work outlined in the Scope of Work. QUALITY ASSURANCE/QUALITY CONTROL CRA takes pride in providing quality services and products. Our firm was founded on a commitment to fostering a workplace culture dedicated to delivering products that are accurate, well-written, based on sound analysis and industry/city specific design standards, and an assurance that final products have been thoroughly reviewed by our assigned quality assurance/quality control manager before submission. Kickoff Discussion Following contract authorization, the project team will begin with a kickoff meeting to establish client expectations, contract require- ments, and task scheduling. QA/QC Procedures Work Products Checklist Redlines, Reviews & Notes Quality Close -Out Process Checklists for each technical group and project phase are used by QC leads to ensure accuracy and attention to detail. Edits and notes are digitally archived for accessibility. Task & Review Scheduling Schedules are designed to include internal and external reviews. This allows the project manager and QC reviewers to establish timing and duration for reviews. QC leads provide feedback by "redlining" products and using review forms. Revisions are rechecked to ensure corrections have been successfully implemented. Cross -Discipline & Compliance Reviews QC leads perform compliance reviews before submission of deliverables to ensure regulatory compliance and alignment with constructability criteria. Principal verifies QC process implementation. Check -ins culminate with a final meeting to ensure con- tractual obligations have been met and expectations have been exceeded. Progress Discussions CRA team meets to review comments and anticipated project challenges to ensure the project can proceed without hindrance. C p RESPONSE TO CVAG - AML ATP NI PROGRAM 94 22 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES on We have the policies and procedures in place to ensure that our team delivers a quality product every time. We acknowledge that quality and schedule can compete — and, for us, quality always wins. As a result, our project schedules consider time for quality control and document revisions prior to each submittal. SPECIAL ISSUES OR PROBLEMS AND HOW THESE WILL BE ADDRESSED The challenges we identify with the AML NI Program are associated with its ambitious scope and associated numerous elements to manage. It will take a team of experienced active transportation professionals spanning multiple disciplines to successfully manage this project so that it meets its goals and desired outcomes. With our partners AA, we present to CVAG a team assembled and equipped to handle this exciting and ambitious project. We are inspired by the ways in which public and community engagement has already developed and want to contribute our hands to the AML effort. The complexity of this project is the greatest challenge, but with our collective resources and assets, those challenges will not be insurmountable. ENHANCEMENTS OR PROCEDURAL OR TECHNICAL INNOVATIONS (OPTIONAL) CRA professionals express a scientific disposition to our projects, while also bringing artistic sensibilities forward as well. The AML project, occupying the nexus of transportation planning and the arts, supplies the opportunity for CRA to apply our insights and perspectives across a broad range of issues that the AML contains. For this reason, CRA is excited by the current structure of the AML NI Program as presented in the RFP. In the process of preparing our response, CRA developed additional enhancements and innovations that we present for CVAG's consideration. They are: / AML Promotional materials commissioned from student artists/musicians/videographers As the project develops and word of the AML spreads through our various engagement events, the AML can become the inspiration for the creation of artworks. The education program discussed above could include commissioning Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES 4. Work Plan artworks about the AML and AT from local student artists/musicians. After-school Bicycle Mechanics course We see tremendous value and potential in helping to establish an after-school bike mechanics course as part of the education and encourage element of the public engagement of the AML NI Program. This would also serve as an opportunity for local professional bicycle mechanics to collaborate with schools and educators in developing a bicycle mechanics curriculum. ► Students working at Bike Valet and Bicycle Maintenance at Music Festivals As part of the educational element of the AML NI Program, students in the bicycle mechanics course will have the opportunity to apply what they are learning to serve festivalgoers with bicycle needs. The reward for taking this opportunity is free access to the festival. 95 p/23 ■o■ Schedule Task 1 Project Management & Administration Task 1 Project Kickoff Meeting Project Kickoff Meeting (including agenda & minutes) Task 1 Project Meetings Bi -weekly Project Meetings (including agenda & minutes) Task 1 Ad -Hoc Committee/Stakeholder Advisory Group Meetings A-HC/SAG Meetings (and presentation deliverables) Ad -Hoc Committee and Stakeholder List Task 1 CVAG Transportation Committee Meetings (4) Meetings (and presentation deliverables) Task 1 CVAG Executive Committee Meetings (4) Meetings (and presentation deliverables) Task 2 Community Outreach and Engagement Task 2.1 Community Outreach and Engagement Outreach Engagement Plan Project Contact Database Task 2.2 Project Promotion Communications and Promotions Toolkits Task 3 Education and Encouragement Activities Task 3 Public facing materials and event documentation Task 3.1 Community Partner Coordination Task 3.1 Community Partner Coordination Task 3.2 Pop -Up Events Task 3.2 Pop -Up Events (22) Task 3.3 Community Events Task 3.3 Community Events (10) Task 3.4 Community Challenges Task 3.4 Community Challenges (2) Task 3.5 Festival Bike Services Task 3.5 Coachella and Stagecoach -- research (Year 1) Task 3.5 Bicycle planning, maps, valet, and maintenance services Task 4 Evaluation and Assessment Task 4.1 GIS Data Collection Task 4.1 GIS Data Collection (including deliverables) Task 4.2 Bicycle and Pedestrian Collision Analysis Collision Analysis (including deliverables) Task 4.3 Multimodal Counts 24-hour counts in 45 locations ReplicaHQ Big Data to estimate activity Task 4.4 Mobility Assessments Mobility Assessments at 11 schools, Spring 2024 Mobility Assessments at Empire Polo Club, Year 1 Technical Memos/Reports, GIS mapping, and presentations Task 4.5 Bike/Walk Audits Bike/Walk Audits at 11 schools, Spring 2024 Bike/Walk Audits at Empire Polo Club, Year 1 Technical Memos/Reports, GIS mapping, and presentations Task 4.6 Existing Conditions and Needs Analysis Memo Existing Conditions Needs Analysis Memo Task 5 Engineering Task 5.1 Safe Routes Maps Task 5.1 GIS Mapping with Metadata Task 5.1 User Maps Task 5.1 Technical Memos and Reports and Presentation materials Task 5.2 Project Implementation Strategy Recommendations Task 5.2 Project Implementation Strategy Recommendations Memo Task 5.2 GIS Mapping with Metadata, and Presentation Materials Task 6 Program Evaluation Task 6 Program Evaluation Report 4. Work Plan Cp RESPONSE TO CVAG - AML ATP NI PROGRAM 96 /24 1� PROFESSIONAL ENGINEERING AND PUBLIC OUTREACH SERVICES Coachella Valley Association of Governments Arts & Music Line ATP Non -Infrastructure Program The CRA Team Fee Proposal No. Task Description CRA AA Total by Task Task 1 Project Management and Administration $ 85,880 $ 28,859 $ 114,739 Project Kick -Off Meeting $ 2,400 $ 903 $ 3,303 Bi -weekly Project Management Meetings (up to 70) $ 32,820 $ 5,729 $ 38,549 Ad Hoc Committee Meetings (up to 8) $ 9,660 $ 12,201 $ 21,861 Transportation Committee Meetings (up to 2) $ 2,840 $ - $ 2,840 Executive Committee Meetings (up to 2) $ 2,840 $ - $ 2,840 Project Coordination and Invoicing $ 35,320 $ 10,026 $ 45,346 Task 2 Community Outreach and Engagement $ 23,780 $ 57,359 $ 81,139 2.1 Outreach and Engagement Plan $ 4,120 $ 7,909 $ 12,029 2.2 Project Promotion $ 19,660 $ 49,450 $ 69,110 Task 3 Education and Encouragement Activities $ 54,540 $ 181,428 $ 235,968 3.1 Community Partner Coordination $ - $ 11,068 $ 11,068 3.2 Pop -Up Events (Up to 22) $ 10,840 $ 36,955 $ 47,795 3.3 Community Events (Up to 10) $ 22,000 $ 88,446 $ 110,446 3.4 Community Challenges (Up to 2) $ 1,720 $ 20,944 $ 22,664 3.5 Arts Program and Festival Coordination $ 11,040 $ 11,426 $ 22,466 3.6 Bike Mechanics Course $ 8,940 $ 12,591 $ 21,531 Task 4 Evaluation and Assessment $ 109,700 $ - $ 109,700 4.1 GIS Data Collection $ 26,080 $ - $ 26,080 4.2 Bicycle and Pedestrian Collision Analysis $ 15,100 $ - $ 15,100 4.3 Multimodal Counts $ 10,630 $ - $ 10,630 4.4 Mobility Assessments $ 19,260 $ $ 19,260 4.5 Bike/Walk Audits $ 19,670 $ $ 19,670 4.6 Existing Conditions and Needs Analysis Memo $ 18,960 $ $ 18,960 Task 5 Engineering $ 47,285 $ - $ 47,285 5.1 Safe Routes for Youth/Seniors/Festival Maps $ 19,540 $ $ 19,540 5.2 Project Implementation Strategy Recommendations $ 27,745 $ $ 27,745 Task 6 Program Evaluation $ 57,110 $ - $ 57,110 Draft Program Evaluation Report $ 34,240 $ $ 34,240 Revised Program Evaluation Report $ 16,160 $ $ 16,160 Final Program Evaluation Report $ 6,710 $ $ 6,710 Labor Subtotal $ 378,295 $ 267,646 $ 645,941 Direct Cost Subtotal $ 21,000 $ 112,000 $ 133,000 CRA Total $ 399,295 $ 379,646 $ 778,941 20% Contingency $ 155,788 Grand Total $ 934,730 97 Coachella Valley Association of Governments Arts & Music Line ATP Non -Infrastructure Program Fee Proposal - CRA No. Task Description Principal -in -Charge Monique Chen $340.00 Hrs. Cost Project Manager Jenny An $260.00 Hrs. Cost Deputy Project Manager Lars Christiansen $170.00 Hrs. Cost Technical Advisor Adam Chase $290.00 Hrs. Cost Senior Trans. Planner/GIS Sasha Jovanovic $210.00 Hrs. Cost Trans. Planner/GIS Eric Sindel $150.00 Hrs. Cost Assistant Trans. Planner Annabel Grealish $135.00 Hrs. Cost Lead Engineer Ross Duenas $305.00 Hrs. Cost Senior Traffic Engineer ionainan $235.00 Hrs. Cost Traffic Engineer Cristian Belmudez $165.00 Hrs. Cost Senior Graphic Design Rene Rivas $170.00 Hrs. Cost Senior Project Accountant Claudia Joaquin $170.00 Hrs. Cost CRA Labor Cost Hrs. Cost Task 1 Project Management and Administration 25 $ 8,500 170 $ 44,200 134 $ 22,780 $ $ - 24 $ 3,600 $ $ $ $ - $ - 40 $ 6,800 393 $ 85,880 Project Kick -Off Meeting 2 $ 680 4 $ 1,040 4 $ 680 $ $ $ - $ $ $ $ $ $ - 10 $ 2,400 Bi -weekly Project Management Meetings (up to 70) 8 $ 2,720 70 $ 18,200 70 $ 11,900 $ $ $ - $ $ $ $ $ $ 148 $ 32,820 Ad Hoc Committee Meetings (up to 8) 3 $ 1,020 24 $ 6,240 - $ - $ $ 16 $ 2,400 $ $ $ $ $ $ 43 $ 9,660 Transportation Committee Meetings (up to 2) 2 $ 680 6 $ 1,560 $ $ $ 4 $ 600 $ $ $ $ $ $ 12 $ 2,840 Executive Committee Meetings (up to 2) 2 $ 680 6 $ 1,560 $ $ $ 4 $ 600 $ $ $ $ $ $ 12 $ 2,840 Project Coordination and Invoicing 8 $ 2,720 60 $ 15,600 60 $ 10,200 $ $ $ - $ $ $ $ $ 40 $ 6,800 168 $ 35,320 Task 2 Community Outreach and Engagement 6 $ 2,040 24 $ 6,240 26 $ 4,420 $ $ - $ 30 $ 4,050 $ $ 22 $ 3,630 20 $ 3,400 $ - 128 $ 23,780 2.1 Outreach and Engagement Plan 2 $ 680 8 $ 2,080 8 $ 1,360 $ $ $ $ - $ $ $ - $ - $ 18 $ 4,120 2.2 Project Promotion 4 $ 1,360 16 $ 4,160 18 $ 3,060 $ $ $ 30 $ 4,050 $ $ 22 $ 3,630 20 $ 3,400 $ 110 $ 19,660 Task 3 Education and Encouragement Activities $ - 33 $ 8,580 96 $ 16,320 $ $ - 79 $ 11,850 62 $ 8,370 $ $ 20 $ 3,300 36 $ 6,120 $ 326 $ 54,540 3.1 Community Partner Coordination $ $ - $ - $ $ $ - $ - $ $ $ - $ - $ - $ - 3.2 Pop -Up Events (Up to 22) $ 8 $ 2,080 12 $ 2,040 $ $ 24 $ 3,600 8 $ 1,080 $ $ $ 12 $ 2,040 $ 64 $ 10,840 3.3 Community Events (Up to 10) $ 16 $ 4,160 40 $ 6,800 $ $ 32 $ 4,800 16 $ 2,160 $ $ $ 24 $ 4,080 $ 128 $ 22,000 3.4 Community Challenges (Up to 2) $ 4 $ 1,040 4 $ 680 $ $ $ - $ - $ $ $ $ - $ 8 $ 1,720 3.5 1 Arts Program at Schools $ 3 $ 780 24 $ 4,080 $ $ 3 $ 450 18 $ 2,430 $ $ 20 $ 3,300 $ $ 68 $ 11,040 3.6 Bike Mechanics Course $ 2 $ 520 16 $ 2,720 $ $ 20 $ 3,000 20 $ 2,700 $ $ $ - $ $ 58 $ 8,940 Task 4 Evaluation and Assessment 10 $ 3,400 34 $ 8,840 1 $ 170 4 $ 1,160 70 $ 14,700 200 $ 30,000 148 $ 19,980 14 $ 4,270 30 $ 7,050 122 $ 20,130 - $ - $ 633 $ 109,700 4.1 GIS Data Collection 1 $ 340 4 $ 1,040 $ - 2 $ 580 20 $ 4,200 55 $ 8,250 46 $ 6,210 4 $ 1,220 4 $ 940 20 $ 3,300 $ $ 156 $ 26,080 4.2 Bicycle and Pedestrian Collision Analysis 2 $ 680 2 $ 520 $ $ - 16 $ 3,360 64 $ 9,600 - $ - $ - 4 $ 940 - $ - $ $ 88 $ 15,100 4.3 Multimodal Counts $ - 2 $ 520 $ $ 2 $ 420 4 $ 600 8 $ 1,080 $ 6 $ 1,410 40 $ 6,600 $ $ 62 $ 10,630 4.4 Mobility Assessments 2 $ 680 6 $ 1,560 $ $ 20 $ 4,200 40 $ 6,000 24 $ 3,240 $ 4 $ 940 16 $ 2,640 $ $ 112 $ 19,260 4.5 Bike/Walk Audits 1 $ 340 8 $ 2,080 1 $ 170 $ 4 $ 840 21 $ 3,150 30 $ 4,050 4 $ 1,220 8 $ 1,880 36 $ 5,940 $ $ 113 $ 19,670 4.6 Existing Conditions and Needs Analysis Memo 4 $ 1,360 12 $ 3,120 $ - 2 $ 580 8 $ 1,680 16 $ 2,400 40 $ 5,400 6 $ 1,830 4 $ 940 10 $ 1,650 $ $ 102 $ 18,960 Task 5 Engineering 4 $ 1,360 20 $ 5,200 6 $ 1,020 8 $ 2,320 40 $ 8,400 88 $ 13,200 $ - 8 $ 2,440 28 $ 6,580 41 $ 6,765 - $ - $ 243 $ 47,285 5.1 Safe Routes for Youth/Seniors/Festival Maps 2 $ 680 8 $ 2,080 2 $ 340 $ - 24 $ 5,040 60 $ 9,000 $ 2 $ 610 2 $ 470 8 $ 1,320 $ $ 108 $ 19,540 5.21 Project Implementation Strategy Recommendations 2 $ 680 12 $ 3,120 4 $ 680 8 $ 2,320 16 $ 3,360 28 $ 4,200 $ 6 $ 1,830 26 $ 6,110 33 $ 5,445 $ $ 135 $ 27,745 Task 6 I Program Evaluation 10 $ 3,400 48 $ 12,480 82 $ 13,940 4 $ 1,160 18 $ 3,780 54 $ 8,100 92 $ 12,420 6 $ 1,830 $ - $ - - $ - $ 314 $ 57,110 Draft Program Evaluation Report 6 $ 2,040 24 $ 6,240 48 $ 8,160 4 $ 1,160 12 $ 2,520 32 $ 4,800 60 $ 8,100 4 $ 1,220 $ $ $ $ 190 $ 34,240 Revised Program Evaluation Report 3 1 $ 1,020 16 $ 4,160 24 $ 4,080 $ - 6 $ 1,260 16 $ 2,400 24 $ 3,240 $ - $ $ $ $ 89 $ 16,160 Final Program Evaluation Report 1 1 $ 340 8 $ 2,080 10 $ 1,700 $ - $ - 6 $ 900 8 $ 1,080 2 $ 610 $ $ $ $ 35 $ 6,710 Labor Subtotal 55 $ 18,700 329 $ 85,540 345 $ 58,650 16 $ 4,640 128 $ 26,880 445 $ 66,750 332 $ 44,820 28 $ 8,540 58 $ 13,630 205 $ 33,825 56 $ 9,520 40 $ 6,800 2037 $ 378,295 Coachella Valley Association of Governments Arts & Music Line ATP Non -Infrastructure Program Fee Proposal - AA No. Task Description $0.00 Hrs. cost Project Manager Jessica Harleaux $179.03 Hrs. Cost Deputy Project Manager Stephanie Espinoza $136.28 Hrs. Cost Senior Project Coordinator Jennifer Velazquez $106.88 Hrs. Cost Creative Lead Kyle Santiago $146.97 Hrs. Cost Project Coordinator/ Tech Coordinator support staff $90.85 Hrs. Cost AA Labor Cost Hrs. Cost Task 1 Project Management and Administration - $ - 130 $ 23,274 30 $ 4,088 14 $ 1,496 - $ - - $ - 174 $ 28,859 Project Kick -Off Meeting - $ - 2 $ 358 4 $ 545 - $ - - $ - - $ - 6 $ 903 Bl -weekly Project Management Meetings (up to 70) - $ - 32 $ 5,729 - $ - - $ - - $ - - $ - 32 $ 5,729 Ad Hoc Committee Meetings (up to 8) - $ - 40 $ 7,161 26 $ 3,543 14 $ 1,496 - $ - - $ - 80 $ 12,201 Transportation Committee Meetings (up to 2) - $ - - $ - - $ - - $ - - $ - - $ - - $ - Executive Committee Meetings (up to 2) - $ - - $ - - $ - - $ - - $ - - $ - - $ - Project Coordination and Invoicing - $ - 56 $ 10,026 - $ - - $ - - $ - - $ - 56 $ 10,026 Task 2 Community Outreach and Engagement - $ - 44 $ 7,877 50 $ 6,814 71 $ 7,588 120 $ 17,636 192 $ 17,443 477 $ 57,359 2.1 Outreach and Engagement Plan - $ - 12 $ 2,148 16 $ 2,180 8 $ 855 - $ - 30 $ 2,726 66 $ 7,909 2.2 Project Promotion - $ - 32 $ 5,729 34 $ 4,634 63 $ 6,733 120 $ 17,636 162 $ 14,718 411 $ 49,450 Task 3 Education and Encouragement Activities - $ - 204 $ 36,522 258 $ 35,160 398 $ 42,538 32 $ 4,703 688 $ 62,505 1,580 $ 181,428 3.1 Community Partner Coordination - $ - 14 $ 2,506 4 $ 545 24 $ 2,565 - $ - 60 $ 5,451 102 $ 11,068 3.2 Pop -Up Events (Up to 22) - $ - 30 $ 5,371 40 $ 5,451 100 $ 10,688 - $ - 170 $ 15,445 340 $ 36,955 3.3 Community Events (Up to 10) - $ - 110 $ 19,693 150 $ 20,442 180 $ 19,238 - $ - 320 $ 29,072 760 $ 88,446 3.4 Community Challenges (Up to 2) $ - 18 $ 3,223 32 $ 4,361 40 $ 4,275 - $ - 100 $ 9,085 190 $ 20,944 3.5 Festival Bike Services - $ - 16 $ 2,864 24 $ 3,271 24 $ 2,565 - $ - 30 $ 2,726 94 $ 11,426 3.6 Bike Mechanics Course - $ - 16 $ 2,864 8 $ 1,090 30 $ 3,206 32 $ 4,703 8 $ 727 94 $ 12,591 Task Evaluation and Assessment - $ - - $ - - $ - - $ - - $ - - $ - - $ - 4.1 GIS Data Collection - $ - - $ - - $ - - $ - - $ - - $ - - $ - 4.2 Bicycle and Pedestrian Collision Analysis - $ - - $ - - $ - - $ - - $ - - $ - - $ - 4.3 Multimodal Counts - $ - - $ - - $ - - $ - - $ - - $ - - $ - 4.4 Mobility Assessments - $ - - $ - - $ - - $ - - $ - - $ - - $ - 4.5 Bike/Walk Audits - $ - - $ - - $ - - $ - - $ - - $ - - $ - 4.6 Existing Conditions and Needs Analysis Memo - $ - - $ - - $ - - $ - - $ - - $ - - $ - Task5 Engineering - $ - - $ - - $ - - $ - - $ - - $ - - $ - 5.1 Safe Routes for Youth/Seniors/Festival Maps - $ - - $ - - $ - - $ - - $ - - $ - - $ - 5.2 Project Implementation Strategy Recommendations - $ - - $ - - $ - - $ - - $ - - $ - - $ - Task 6 Program Evaluation - $ - - $ - - $ - - $ - - $ - - $ - - $ - Draft Program Evaluation Report - $ - - $ - - $ - - $ - - $ - - $ - - $ - Revised Program Evaluation Report - $ - - $ - - $ - - $ - - $ - - $ - - $ - Final Program Evaluation Report - $ - - $ - - $ - - $ - - $ - - $ - - $ Labor Subtotal 0 $ - 378 $ 67,673 338 $ 46,063 483 $ 51,623 152 $ 22,339 880 $ 79,948 2231 $ 267,646 Direct Cost Expenses Printing $ 12,000 Outreach Supplies (Merchandise, giveaways, promotional items, refreshments, branded materials) $ 36,000 CBO Partnerships $ 20,000 Travel $ 18,000 Written Spanish translations $ 4,000 Bike Repair & Co -Op Repair Shop Course (includes CBO compensation, venue fees, transportation for field trip to LA, video production for virtual r $ 22,000 Direct Cost Subtotal $ 112,000 AA Total $ 379,646 100 City of La Quinta CONSENT CALENDAR ITEM NO.5 CITY COUNCIL MEE I INC3: JANUARY 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE RESIDENCY REQUIREMENT REVISION TO VETERANS RECOGNITION PROGRAM CRITERIA RECOMMENDATION Approve residency requirement revision to Veterans Recognition Program criteria. EXECUTIVE SUMMARY • The City recognizes La Quinta veterans for their service by honoring them at the annual Veterans Recognition Ceremony at City Hall. • The criteria for veteran honorees includes a residency requirement of three years for veterans who served from 1954 to the present day. There is no minimum residency requirement for veterans who served prior to 1954. • Revising the residency requirement date to 1970 establishes more inclusive criteria for senior veterans. FISCAL IMPACT — None. BACKGROUND/ANALYSIS The City recognizes La Quinta veterans for their service by honoring them at the annual Veterans Recognition Ceremony at City Hall. Nominations are submitted by community members and reviewed by City staff. Honoree criteria includes the following: • Active military who served in 1954 and after must be a past or current resident for a minimum of three years; • Active military who served in 1953 and before must be a past or current resident; no minimum years; • Honorable discharge from service; and • Proof of military service 101 All branches of the military identified by the Department of Veterans Affairs, including reservists, who served a minimum of six years are considered. Council approved the nomination criteria in 2022, at which time, 1953 was a reasonable date to determine residency requirements. However, staff recommends revising the residency requirement date to 1970 to establish more inclusive parameters for senior veterans and allow the City to honor the older generation of service members who recently became La Quinta residents. ALTERNATIVES Council may choose not to modify the honoree criteria. Prepared by: Michael Calderon, Community Services Management Analyst Approved by: Christina Calderon, Deputy Director Community Services Attachment: 1. Revised Veterans Recognition Form 102 The City of La Quinta is so proud to be home to many distinguished Veterans from all branches of service. We celebrate the accomplishments of these individuals with a ceremony in their honor and engrave their name, rank, and years of service on the Veterans Acknowledgement Monuments on the Civic Center Campus. To qualify for this program, you must meet the following requirements: General Requirements: Residency Requirements: • 1. Served our Country in Active Duty. • 3a. ACTIVE MILITARY from 1969 and EARLIER • 2. Honorable separation from service. Must have been a past or current resident (Please attach DD214 form, Honorable of La Quinta (No minimum years). discharge Certificate, or equivalent • 3b. ACTIVE MILITARY from 1970 to PRESENT showing active service and honorable Must have been a past or present resident separation). of La Quinta for a minimum of 3 years. First Name: Last Name: Full Address: E -Mail: Phone: La Quinta Resident From: To: Branch/Rank: (Examples: SP4, SGT,PFQ Dates of Active Service: First Name: Last Name: Full Address: E -Mail: Phone: PLEASE ATTACH A COPY OF HONORABLE SEPARATION PAPERWORK AND A PICTURE OF THE VETERAN IN UNIFORM WITH THIS APPLICATION AND EMAIL TO earvizu@laquintaca.gov 103 APPLICATIONS WITHOUT HONORABLE SEPARATE PAPERWORK WILL NOT BE ACCEPTED. 104 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE PURCHASE OF ITERIS TRAFFIC SIGNAL VIDEO DETECTION EQUIPMENT FOR THE INTERSECTION AT DUNE PALMS ROAD AND DESERT CREST DRIVE RECOMMENDATION Approve the purchase of traffic signal video detection equipment for the intersection at Dune Palms Road and Desert Crest Drive from select source Iteris; and authorize the City Manager to execute the purchase order. EXECUTIVE SUMMARY • City recently purchased traffic signal video detection equipment (Equipment) from Iteris in the amount of $29,017.16 to replace the end -of -life system at the intersection of Avenue 52 and Desert Club Drive. • The Equipment at the intersection of Dune Palms Road and Desert Crest Drive has been identified as in need of replacement. • City uses the Iteris video detection system for all traffic signal video detection equipment and must replace the end -of -life equipment with Iteris for compatibility with the existing system. • Staff is requesting Council approval as the cost of the equipment for Dune Palms Road and Desert Crest Drive will exceed the City's purchasing policy requirements. FISCAL IMPACT The estimated cost of the Equipment for Dune Palms Road and Desert Crest Drive is $26,686.33 (including tax). Sufficient funds are available in the Traffic Signal Maintenance budget. (2324TM1). BACKG ROU N WANALYSIS City recently purchased traffic signal video detection equipment from Iteris to replace the failing Equipment at the intersection of Avenue 52 and Desert Club Drive in the amount of $29,017.16 (including tax). Staff has identified that the Equipment at the intersection of Dune Palms Road and Desert Crest Drive has reached end -of -life and is failing. 105 City utilizes equipment from Iteris as it is compatible with the City's existing system. Staff is requesting Council approval as the purchase of the equipment for Dune Palms Road and Desert Crest would exceed the City's purchasing policy requirements. ALTERNATIVES Staff does not recommend an alternative, as the existing equipment is failing. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Iteris Quote 2. Select Source Form M ^. ATTACHMENT 1 Iteris, Inc. Michael Girardot-A EQUIPMENT QUOTATION 1700 Carnegie Avenue RodefX Quote #00014110 • is' Suite 100 Phone: Santa Ana, CA 92705-5551 Email: rodefx@verizon.net December 12, 2023 Agency: La Quinta, City of Delivery Term: FOB Destination Contractor: Payment Terms: N ET 30 Days Project Name: 2023121230 La Quinta Dune Palms at Desert Crest and Avenue 52 at Sales Rep: Desert Club Reference: 2023121230 La Quinta Dune Palms at Desert Crest and Avenue 52 at Desert Club Fax or email Purchase Orders to: 949-270-9441 or rsorders@iteris.com. Please include Quote Number on your Purchase Order. Prices are valid for 30 days from the date of quote unless extended in writing. Prices on this quote include material only unless otherwise stated. For questions regarding this quotation, please contact the representative listed above. Avenue 52 at Desert Club Product Name Product Description Qty Unit Price Price Discount % Ext. Price Adjustable Swivel Monitor Bracket Mon-Brkt-Swvl Adjustable Swivel Monitor Bracket 1 $165.00 $165.00 $165.00 APEX-CAB-INT-PAK Cabinet Interface Unit Assembly, Cl PAK Includes Pack out kit ,Cabinet Interface, Cl Cabinet Interface Unit Assembly Ship kit Cabinet Interface and Surge Protector NEMA TS2 Port,BIU-15 1 $7,875.00 $7,875.00 15 $6,693.75 APEX-CAM-3W-PAK APEX CAMERA 3 -WIRE PAK 2 $3,558.00 $7,116.00 15 $6,048.60 APEX-PWR-3W-PAK POWER INJECTOR, SURGE PANEL ASSEMBLY, 3 WIRE 1 $3,774.00 $3,774.00 15 $3,207.90 APEX-VEC-3W SENSOR ASSEMBLY, HYBRID, 3 WIRE 2 $5,508.00 $11,016.00 15 $9,363.60 CAMBRKT4 Camera Mounting Bracket, Universal Pedestal 2 $152.00 $304.00 $304.00 MON-10LCD-SL 10 in. Color LCD Monitor, Sunlight Viewable, 2 composite video inputs, 1 VGA input, 1 HDMI input (NTSC/PAL) 1 $504.00 $504.00 $504.00 SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration) 1 $416.00 $416.00 15 $353.60 TS2 CABLE SDLC Cable for TS2 VRACK 1 $42.00 $42.00 $42.00 TURN ON SUPPORT Turn on requests outside of normal business hours M F 8:00am 5:00pm will require a $1,800.00 additional charge 1 $0.00 $0.00 $0.00 $26,682.45 Dune Palms at Desert Crest Product Name I Product Description Qty Unit Price Price Discount % Ext. Price Adjustable Swivel Monitor Bracket Mon-Brkt-Swvl Adjustable Swivel Monitor Bracket 1 $165.00 $165.00 $165.00 Iteris, Inc. Confidential December 12, 2023 Page 1 of 2 107 iteris'� Iteris, Inc. 1700 Carnegie Avenue Suite 100 Santa Ana, CA 92705-5551 Michael Girardot-A RodefX Phone: Email: rodefx@verizon.net EQUIPMENT QUOTATION Quote #00014110 December 12, 2023 Dune Palms at Desert Crest Product Name Product Description Qty Unit Price Price Discount % Ext. Price APEX Cable Cable, Camera, Black, White, Green, 16AWG. 600V, 90 Deg C, Dir Burial. Provided in 1000 foot spools and priced per foot. 1000 $0.97 $970.00 TOTAL: $970.00 APEX-CAB-INT-PAK Cabinet Interface Unit Assembly, Cl PAK Includes Pack out kit ,Cabinet Interface, Cl Cabinet Interface Unit Assembly Ship kit Cabinet Interface and Surge Protector NEMA TS2 Port,BIU-15 1 $7,875.00 $7,875.00 15 $6,693.75 APEX-CAM-3W-PAK APEX CAMERA 3 -WIRE PAK 1 $3,558.00 $3,558.00 15 $3,024.30 APEX-PWR-3W-PAK POWER INJECTOR, SURGE PANEL ASSEMBLY, 3 WIRE 1 $3,774.00 $3,774.00 15 $3,207.90 APEX-VEC-3W SENSOR ASSEMBLY, HYBRID, 3 WIRE 2 $5,508.00 $11,016.00 15 $9,363.60 MON-10LCD-SL 10 in. Color LCD Monitor, Sunlight Viewable, 2 composite video inputs, 1 VGA input, 1 HDMI input (NTSC/PAL) 1 $504.00 $504.00 $504.00 PELCO0175 Pelco Camera Bracket - stainless steel hardware, 6ft. pole 1 $215.00 $215.00 $215.00 SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration) 1 $416.00 $416.00 15 $353.60 TS2 CABLE SDLC Cable for TS2 VRACK 1 $42.00 $42.00 $42.00 TURN ON SUPPORT Turn on requests outside of normal business hours M F 8:00am 5:00pm will require a $1,800.00 additional charge 1 $0.00 $0.00 $0.00 Important Notes: This quotation and any resulting order are subject to Iteris' Roadway Sensor Products Standard Terms and Conditions of Sale attached hereto or available at http://www.iteris.com/RS-Std-TC.I)df, which are incorporated herein by this reference. RodefX is an authorized Iteris Sales Representative for Iteris Roadway Sensors products and may sign quotations on Iteris' behalf with a total sales price of $80,000 or less. Quotations that exceed $80,000 in total price must be approved by an Authorized Iteris Signature. Authorized Iteris Signature Date $24,539.15 Total before Discount: SUBTOTAL $51,221.60 $59,747.00 FREIGHT Allowed TAX $4,481.89 TOTAL: $55,703.49 Michael Girardot, RodefX Iteris, Inc. Confidential December 12, 2023 Page 2 of 2 108 Iteris Roadway Sensor Products iterisR Standard Terms and Conditions of Sale 1. Sole Agreement. These Standard Terms and Conditions of Sale for the sale by law, on the unpaid balance until the account is paid in full, in addition to any and purchase of goods and services between Iteris, Inc. ("Iteris') and the reasonable attorneys' fees or other collection expenses. purchaser or buyer ("Purchaser") indicated on the face of the price quotation, 5. Taxes. All prices are exclusive of any and all taxes, duties, tariffs, fees, or proposal, contract, sales order or offer from Iteris constitute the entire assessments, including but not limited to sales, use, excise, VAT, or similar agreement between Iteris and Purchaser (the "Agreement") and supersede any taxes and export or import duties or fees applied to the sale or to the Products prior agreement or understanding, whether oral or written, relating to the subject sold, by any United States or foreign federal, state, provincial, or local matter of this Agreement. Iteris shall not be bound by any terms or conditions governmental body. Any such taxes that must be paid by Iteris shall be not set forth in this Agreement, including but not limited to, any purchase order separately itemized on Iteris' invoice and paid by Purchaser, or in lieu thereof, or purchase contract ("Order") from Purchaser that is in any way inconsistent Purchaser shall furnish Iteris a properly executed tax exemption certificate prior with or in addition to this Agreement. This Agreement may not be expanded or to shipment. modified except by an instrument in writing executed by an authorized 6. Limited Warranty. For the purposes of this Agreement the "End User" representative of Iteris. Iteris' acceptance of Purchaser's Order shall not be shall be the Purchaser or, if Purchaser is a contractor, distributor or other deemed an acceptance of any modification to any term or condition contained authorized reseller to whom Iteris delivered Products intended for use by a third herein, but rather an acceptance of Purchaser's agreement to purchase goods party, shall be the intended third party. and services upon the terms set forth in this Agreement. All Orders, whether or Iteris Hardware Products: Iteris hardware Products marked as manufactured not based on specific quotations, are subject to Iteris' acceptance by an by or for Iteris or marked with an Iteris brand or trademark are warranted, at the authorized Iteris representative. Notwithstanding the foregoing, if Purchaser is time of delivery to End User, to conform to Iteris' published specifications and purchasing a Subscription Service (defined below), such services are subject to to be free from defects in material and workmanship. The occurrence of any of a separate service agreement that Purchaser will be required to accept and agree, the following terminates Iteris' Limited Warranty: (i) a Product fails as the and nothing in the Subscription Services agreement shall be construed to result, in whole or in part, of modification or repair of the Product not conducted modify the terms and conditions of this Agreement for other products and in conformity with Iteris' approved procedures; (ii) a Product fails as the result, services subject to this Agreement. "Subscription Service(s)" means an Iteris in whole or in part, of improper or insufficient maintenance; (iii) a Product is service offering, of which access and use is subject to a subscription fee, damaged due to, in whole or in part, electrical power surge, lightning strike, including without limitation, Iteris SPM, VantageLive!, and C1earGuide, and accident, negligence, improper storage, incorrect installation, incorrect all respective subsequent variations and versions. operation, unusual deterioration due to physical environments in excess of 2. Shipment. All prices are in United States Dollars (USD or $) and quoted limits set forth in Product manuals, or any other type of abuse or misuse; or (iv) FCA (Free Carrier at named point, Incoterms® 2010), or in jurisdictions that the removal of serial numbers, or the removal, mutilation or defacement of any have not adopted Incoterms®, FOB at the shipping point of Iteris, Inc. Title to part of a Product. As a condition to making any claim under this Limited goods and its related services sold hereunder (individually, a "Product" and Warranty, End User must request a Return Material Authorization ("RMA") collectively, "Products") shall pass to the Purchaser upon delivery of Products before the Limited Warranty terminates or expires. Provided that the Limited to the carrier. Iteris, however, retains a security interest and a vendor's lien Warranty has not terminated or expired, Iteris shall issue the RMA and End against the Products until payment in full is received. Purchaser agrees to User shall have the right to return the non -conforming Product, transportation perfect and maintain such security interest for Iteris. In the absence of specific prepaid, to Iteris for repair or, solely at Iteris' option, replacement with new or written instructions that Iteris has accepted, Iteris will ship Products by what it reconditioned materials. Except for repair or replacement, Iteris shall be under deems to be the most appropriate method for shipment. Although Iteris may no other liability to Purchaser. This is a Limited Warranty only and, unless transact for carriage, all freight charges and insurance premiums will be for the otherwise specified in writing by Iteris, shall expire thirty-six (36) months account of Purchaser. Upon delivery to the carrier, Purchaser assumes all risk after the date of delivery of each unit of Product to Purchaser. Repaired or of loss. Any such loss shall not relieve Purchaser of its obligation to pay Iteris replaced Products have a Limited Warranty for the greater of ninety (90) days in full for Products, freight and insurance. Purchaser shall have the right to from the time of shipment or the remainder of the original warranty period. negotiate with the carrier and/or insurer to recoup its loss. Iteris Software Products: Software Products marked as manufactured by or 3. Delivery. Standard shipments to Purchaser will be approximately 30-45 for Iteris or marked with an Iteris brand or trademark are warranted to the days after receipt of an Order. In the event that Purchaser requests a guaranteed licensed End User in accordance with the software license and warranty ship date, Iteris reserves the right, after notice to Purchaser, to include in the packaged with the software. final purchase price any expenses which increase the cost of production or Non-Iteris Products: Hardware or software Products marked as manufactured delivery, including but not limited to, expediting and overtime expenses, parts or produced by others or marked with a brand or trademark of a party other than procurement premiums, etc. Iteris reserves the right to ship complete orders in Iteris are warranted, if at all, by the manufacturer or producer to the End User advance of the ship dates specified and, with prior approval from Purchaser, in accordance with the warranty documentation provided by the manufacturer partial orders. Iteris shall not be liable for either delays in delivery or the failure or producer. to manufacture if such delay or failure is due to causes beyond Iteris' reasonable NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR control, including but not limited to, acts of God, acts or omissions of either IMPLIED INCLUDING WITHOUT LIMITATION MERCHANTABILITY Purchaser or third parties, intervention of any government authority, strikes, OR FITNESS FOR A PARTICULAR PURPOSE, ARISING BY LAW, lockouts or other labor disturbances, floods, fires, earthquakes, epidemics, CUSTOM OR CONDUCT, SHALL BE APPLICABLE. NO quarantines, riots, wars, delays in transportation, or where Iteris is unable to REPRESENTATION OR WARRANTY BY PURCHASER SHALL EXTEND obtain necessary labor, materials or manufacturing facilities. In the event of THE LIABILITY OR RESPONSIBILITY OF ITERIS BEYOND THE such delay or failure, the delivery date shall be extended for a period equal to TERMS OF THIS PROVISION. THE RIGHTS AND REMEDIES the time lost by reason of the delay or failure. PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER 4. Payment Terms. Unless an authorized Iteris representative agrees upon RIGHTS OR REMEDIES. IN NO EVENT SHALL ITERIS HAVE ANY different credit terms in writing at the time of acceptance of Purchaser's order, LIABILITY UNDER ANY LEGAL OR EQUITABLE THEORY (RELATING the standard terms of payment shall be cash or wire transfer of funds in advance TO THE SUBJECT MATTER OF THIS AGREEMENT) FOR of shipment or, for international shipments, Irrevocable Sight Letter of Credit CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOSS, collectable within thirty (30) days after shipment. Iteris' obligation to deliver DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM Products is subject to Purchaser's compliance with the foregoing payment USE OF THE PRODUCTS, OR AN INABILITY TO USE PRODUCTS terms, or in the event credit is granted by Iteris, any such credit terms provided. EITHER SEPARATELY OR IN COMBINATION WITH OTHER Iteris may at any time, in its reasonable business judgment, if the financial SOFTWARE, EQUIPMENT OR MATERIALS, OR FROM ANY OTHER condition of Purchaser warrants, either alter the credit terms or suspend credit CAUSE. and delay delivery until such time as the revised credit terms are met. Iteris shall 7. Return Material Authorizations. Upon request by the End User for an have the right to cancel any unfilled order, or delay its shipment, for failure of RMA whether for repair, replacement, or credit, Iteris agrees that it will either Purchaser to meet its payment schedule or obligations. In the event any payment issue such RMA or provide End User with a written explanation for its refusal is not made when due, Iteris shall have the right to accelerate the due date of to issue the RMA within thirty (30) days of the request by End User. If Iteris the entire unpaid balance and to increase the unpaid balance of the sales price provides a Field Replaceable Unit ("FRU") or replacement Product in advance at the rate of one and a half percent (1.5%) per month, or the maximum allowed of receipt of an authorized return and does not receive the returned unit within Version Update: 2022-12-21 1 of 2 Iteris Roadway Sensor Products Standard Terms and Conditions of Sale 109 30 days of shipment, End User will be invoiced for the FRU or replacement. End User shall pay all shipping costs for items returned to Iteris. For items repaired or replaced under a valid warranty claim, Iteris shall pay shipping costs for return of repaired or replaced item to End User. 8. Indemnification. a. Purchaser Indemnification. Iteris shall indemnify, defend and hold Purchaser, and its affiliates, directors, officers, shareholders, and employees harmless from and against any claims, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney's fees and court costs) (collectively, the "Liabilities") to the extent arising out of third party claims based on a product liability or strict liability in tort relating to the Product or Iteris' negligence, or willful misconduct causing bodily injury (including death) or physical damage to tangible personal property. b. Iteris Indemnification. Purchaser shall indemnify, defend and hold Iteris, and its affiliates, directors, officers, shareholders, and employees harmless from and against any Liabilities to the extent arising out of third party claims based on products other than Iteris Products supplied by Purchaser or Purchaser's negligence, or willful misconduct causing bodily injury (including death) or physical damage to tangible personal property. In the event that Purchaser is a governmental agency or body, the foregoing Iteris Indemnification shall not apply to the extent prohibited by law. c. Indemnification Procedures. The Parties will follow the following indemnification procedures. Promptly after receipt by any entity entitled to indemnification of notice of a third party claim, the Party seeking indemnity ("Indemnitee") shall notify the other Party ("Indemnitor") of such claim in writing. No failure to provide obligations under this Agreement except to the extent that it can demonstrate prejudice attributable to the failure. Within fifteen (15) calendar days following receipt of written notice from Indemnitee, but in no event later than ten (10) calendar days before the date a response to such claim is due ("Election Notice Period"), Indemnitor shall notify Indemnitee in writing if the Indemnitor elects to assume control of the defense and settlement of that third party claim ("Election Notice"). If Indemnitor delivers an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitor shall be entitled to have sole control over the defense and settlement of such claim; provided that (a) the Indemnitee may participate in the defense and employ counsel at its own expense to assist with such third party claim, and (b) Indemnitor shall obtain the prior written approval of the Indemnitee before entering into any settlement of such third party claim that purports to binds the Indemnitee. After the Indemnitor has delivered an Election Notice, Indemnitor shall not be liable to the Indemnitee for any legal expenses incurred by the Indemnitee in connection with the defense of that third party claim. In addition, the Indemnitor shall not be required to indemnify the Indemnitee for any amount paid or payable by the Indemnitee in the settlement of any third party claim for which the Indemnitor has delivered a timely Election Notice, if such amount was agreed to without the written consent of the Indemnitor. If the Indemnitor does not deliver an Election Notice relating to any third party claim within the required Election Notice Period, the Indemnitee shall have the right to defend the third party claim in such manner as it may deem appropriate, at the sole cost and expense of the Indemnitor. The Indemnitor shall promptly reimburse the Indemnitee for all such costs and expenses (i.e. Liabilities). 9. Intellectual Property Indemnification. Iteris shall indemnify and hold harmless Purchaser from loss, damage or liability for infringement of a United States (U.S.) patent or U.S. copyright ("Intellectual Property") to the extent arising out of the distribution or use of Iteris Products as delivered to Purchaser by Iteris hereunder (the "IP Indemnity"); provided that Purchaser notifies Iteris in writing within ten (10) days of Purchaser's first notice of an infringement claim, threat or suit ("Infringement Claim") and fully cooperates with Iteris in the defense of such Infringement Claim and the avoidance of infringement by, including but not limited to, providing Iteris any requested authority, information, and assistance necessary. Iteris shall be entitled, at its election, to assume the defense of any Infringement Claim. The foregoing Indemnity shall not apply when normally non -infringing Iteris Products are rendered infringing by (i) alteration of Iteris Products or the operation thereof, not by Iteris or duly authorized by Iteris in writing, (ii) use of Iteris Products in combination with other products, software, or services, (iii) Iteris' modification of its Products in compliance with the Purchaser's specifications or instructions, or (iv) Purchaser's failure to use and implement instructions provided by Iteris in a writing that would have rendered the Iteris Product non -infringing after reasonable time after receipt by Purchaser and before actual infringement. Iteris shall have the right to resolve any Infringement Claim in the manner it deems appropriate, including, but not limited to, (i) obtaining a license from the owner of the alleged infringed Intellectual Property or (ii) modifying or replacing the alleged infringing Product with non -infringing Product. In the event that neither (i) or (ii) are commercially possible, then Iteris shall have the right to rescind the purchase of the affected portions of the Products and to refund the Purchaser with a pro rata amount of monies paid for such affected Products. The foregoing IP Indemnity shall not extend to claims based on infringement of Intellectual Property outside the United States of America. Iteris' sole obligation and liability to Purchaser with respect to indemnification of claims shall be as set forth in this paragraph and specifically excludes indemnification for consequential damages, incidental damages, punitive damages, and attorneys' fees. 10. Arbitration. It is the intent of the parties that any controversy will be elevated to the highest management levels within the respective organizations in an attempt to resolve the matter most efficiently. If the parties are unable, after good faith negotiations, which each hereby covenants to undertake, to resolve any dispute, claim or controversy arising between them, the parties hereby expressly agree that the exclusive means of resolving any such dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. If the Purchaser has an office located in the United States, arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS, a national alternative dispute resolution service (www.jamsadr.com) and shall be conducted in the English language, in Los Angeles, CA USA, by one (1) arbitrator appointed in accordance with said rules. If the Purchaser does not have an office in the United States, arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce and be conducted in the English language, in New York, NY, USA, by one (1) arbitrator appointed in accordance with said Rules of Arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction nor shall it preclude Iteris from any pursuit allowed by the full extent of the law for collection of amounts owed by Purchaser under any credit arrangement. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. 11. Product Modifications. Iteris reserves the right, at any time and without notice to Purchaser, to modify Products, in whole or in part, to include therein changes deemed appropriate by Iteris which do not adversely affect the form, fit or function of the Products, and without incurring any liability, to change or modify any Product previously delivered, or to supply new Products in replacement thereof. 12. Export Responsibility. All sales hereunder shall at all times be subject to the export control laws and regulations of the U.S. government. Purchaser agrees that it shall not make any disposition, by way of transshipment, re- export, diversion or otherwise, except as said laws and regulations may expressly permit, of U.S. origin goods purchased from Iteris, other than as to the ultimate country of destination specified on Purchaser's order and/or declared as the country of ultimate destination on Iteris' invoices. 13. General. a. No modification of a quotation or a resulting order shall be binding unless in writing signed by an authorized representative of Iteris. b. No waiver by either party of any default shall be deemed a waiver of any subsequent default. c. Purchaser shall not assign its Order or any interest therein or any rights hereunder without the written consent of Iteris, and any such purported assignment shall be null and void and of no affect whatsoever. d. Purchaser agrees that it will not modify, reproduce, reverse engineer, reverse compile, disassemble, translate, de -compile, deconstruct or decrypt, the whole or any part of the Products, including any software embedded therein. e. All quotations and any resulting order shall be construed, interpreted and governed by the laws of the State of California, USA, but specifically excluding any International Convention regarding the International Sales of Goods. Should any court of competent jurisdiction determine any portion hereof illegal or against public policy, such determination shall not affect that portion herein that is not illegal or against public policy. In the event that the federal, state, provincial, city or local government or any bureau or agency thereof, should promulgate any law, rule or regulation affecting prices, deliveries or any other term of a contract resulting from a quotation, then, at the option of Iteris communicated to the Purchaser in writing within a reasonable time, the contract between Iteris and the Purchaser may be either terminated by Iteris and be of no force and effect and the parties shall be restored to the position they occupied before the contract was executed, or Iteris may make such changes in the price, delivery schedule and terms as Iteris in its reasonable business judgment may deem necessary to comply with such law, rule or regulation. Version Update: 2022-12-21 2 of 2 Iteris Roadway Sensor Products Standard Terms and Conditions of Sale 110 ta Qa�tra CALIFORNIA SELECT/SOLE SOURCE JUSTIFICATION ATTACHMENT 2 Vendor: ITERIS Select/Sole Source purchases may be made in a non-competitive manner only when in the best interest of the City and when the price is considered reasonable. Attach this form and other supporting documents if available, to the purchase Requisition. Complete responses must be provided for all of the following items. A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW: 1. Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid. Examples of Single/Sole Source procurements include, but are not limited to: Compatibility: The commodity or service matches existing brand of equipment for compatibility. Replacement Part: The item is a replacement part for a specific brand of existing equipment. Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids. The traffic signal video detection equipment is restricted to Iteris for both compatibility with the existing video detection system and as a replacement part to the existing equipment. 2. What market research was conducted to substantiate no competition, including evaluation of other items considered? Provide a narrative of your efforts to identify other similar goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed. The traffic signal video detection equipment is restricted to Iteris for both compatibility with the existing video detection system and as a replacement part to the existing equipment. B. PRICE ANALYSIS: 3. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison. For example, if the item/service has been purchased in the past, compare historical pricing. The traffic signal video detection equipment cost was comparable to the previous Iteris equipment purchased and was fair and reasonable. Prepared By Approved By Date Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or designee with signing authority for these purchases. 1 1 1 S:\100 ADMINISTRATION\107 Forms & Templates - General Citywide\Finance 112 CONSENT CALENDAR ITEM NO. 7 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA —'-- —: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VISUAL EDGE IT FOR PRINTER/COPIER PURCHASE AND MAINTENANCE SERVICES FOR FISCAL YEARS 2023/2024 THROUGH 2028/2029; AND APPROVE DISPOSAL OF SURPLUS EQUIPMENT RECOMMENDATION Approve Agreement for Contract Services with Visual Edge IT for Printer/Copier Purchase and Maintenance Services for a total not to exceed amount of $182,000 for a five-year term; authorize the City Manager to finalize any insubstantial modifications and execute the agreement; and approve disposal of surplus printer and copier equipment. EXECUTIVE SUMMARI • The City's existing inventory of Printer/Copiers has aged and is in need of replacement. • The City published a Request for Proposals (RFP) for printer/copier purchase and maintenance services, including equipment replacement; 17 responses were received; and Visual Edge IT (Visual Edge) was selected as the most qualified and competitive vendor. FISCAL IMPACT The not to exceed amount is $182,000 over the life of the contract (a five-year term) starting from date of full execution. The initial costs during year one of the contract include purchase of a fleet of printers to replace the existing fleet that will be sold to Visual Edge IT as part of the contract. Funds are available and will be budgeted in 502-0000-60662 (Copiers) for supplies, and 502-0000-80100 (Machinery and Equipment) for purchase of the new fleet. A breakdown of costs and the expenditure schedule is as follows: Contract Services Agreement One -Time Fees Annually Contingency Recurring Fees Budget Purchase of 18 Printer/Copiers (w/ $128,500 N/A N/A Taxes Service and Supplies N/A $37,057 N/A Contingency Budget (Equipment N/A N/A $16,445 and Miscellaneous Contract Needs) 113 Fiscal Year FY 2023/2024 FY 2024/2025 FY 2025/2026 FY 2026/2027 FY 2027/2028 FY 2023 - 2028 Total Estimated Annual Contract Costs Year One Total $135,911 Year Two Total $7,411 Year Three Total $7,411 $7,411 Year Four Total Year Five Total $7,411 Contingency $16,445 Contract Total $182,000 Estimated Budget Expenditure Schedule Account No. Expenditure 502-0000-60662 (Copiers) $7,411 502-0000-80100 (Machinery and Equipment) $128,500 502-0000-60662 (Copiers) 502-0000-60662 (Copiers) 502-0000-60662 (Copiers) 502-0000-60662 (Copiers) 502-0000-80100 (Machinery and Equipment) BACKGROUND/ANALYSIS $7,411 $7,411 $7,411 $7,411 $16,445 $182,000 The City's current fleet of printers/copiers has aged, with some units being over 10-15 years old and experiencing hardware issues. In September 2023, staff published an RFP for printer/copier purchase and maintenance services, including equipment replacement; 17 proposals were received. The winning bid was selected based on competitive pricing, scope of services offered, including maintenance, and overall experience and qualifications. It is more cost effective for the City to purchase 18 printers/copiers rather than lease the equipment. Visual Edge will be required to retrieve and dispose of the existing fleet, providing a discount and cost savings for the City. Per the City Surplus Policy developed in conjunction with the Finance Department and State of California Purchasing Policy Guidelines, staff requests Council approve the direct sale of the existing printer/copier equipment to Visual Edge, rather than a public auction at a later time, to avoid any 114 challenges with having to store bulky equipment and to recover greater monetary value by selling directly to the vendor, rather than anticipated sales through a public auction process. Visual Edge will provide maintenance services including supplies and equipment repair during the five-year period outlined in the agreement (Attachment 1). ALTERNATIVES Council may elect to not pursue this contract, and direct Staff to return with alternative opportunities. Prepared by: Doug Kinley, Management Analyst Approved by: Gilbert Villalpando, Director Attachment: 1. Contract Services Agreement with Visual Edge IT 115 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 116 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 VISUAL EDGE IT, an Ohio Corporation with a place of business at 36943 Cook Street, Suite H-103, Palm Desert, California 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 Printer/ Copier Purchase and Maintenance Services Program, 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. 117 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. 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 One Hundred Eighty Two Thousand Dollars ($182,000), 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 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 February 1, 2024, and terminate on January 31, 2029 ("Initial Term"). _4_ 120 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) Visual Edge IT 36943 Cook Street, Suite H-103 Palm Desert, CA 92211 ATTN: Amanda Maze (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: City Manager's Office 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 Safety Manager or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of the 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 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_ 122 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 a endorsements Dng with all required endorsements. Certificate of Insurance and 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 -� 123 (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 124 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 125 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- 126 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: City Manager's Office 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: VISUAL EDGE IT, INC. Attention: Amanda Maze 36943 Cook Street, Suite H-103 Palm Desert, California 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 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- 129 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, VISUAL EDGE IT, INC., a California Municipal Corporation an Ohio 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 JUDITH JARVIS, Area Vice President Palm Desert, California Dated: Exhibit A Scope of Services [See Attached] Exhibit A Page 1 of 1 Last revised summer 2017 131 VISUAL. EDGE IT SECURE TECHNOLOGY SOLUTIONS Date 1/10/2024 ZUSTOMER NAME **City Of La Quints** SHIP TO ADDRESS 78495 Calle Tampico :ITY STATE La Quints CA Contact: Doug Kinley III Phone/Email (760) 777-7085 dkinl DEALERSHIP WILL ZIP 92253 il 0• am Sales Rep Stan Maze JSTOMER NAME *City Of La Quints** LL TO ADDRESS 8495 Calle Tampico STATE ZIP 3 Quinta CA 92253 lling Contact: q on e/E m a i I: 760-777-7000 RAWWLIVALTO BUYER AND BUYER WILL ACCEPT AND PAY FOR THE FOLLOWING MERCHANDISE. 2 XERB315/DNI XEROX B315 NMF IO INTER, PRINT/COPY/SCAN/FAX, UP TO 42 PPM, 9 XERC8135/T2 Xerox Altalink 7813 2 35Ox Tray Color A3 Toner Included SPEC 9 D5133NT ESP Power Filter Ill F5 "I + 2 Receptacles (Replaces TBF15) (PM -15 Spe 9 097505019 Office Finisher Altalink & B s 9 497K16430 Xerox One Line Fax 7800/ 8000 0 Series A3 1 XERB310/DNI Xerox B310/DNI B/W A442pp ritner w/2-si Printing Inc. Startup Toner Spec 1 U8PH4E HP 5 Year Warranty Next Business Day D^C81 '0 36 Ml Hardware support Carel 1 HPDJT83036 HP DesignJet T830 36" Wideformat MFPt (9A30D) Spec 2 497K20600 2/3 Hole Punch For Office Finisher Altase 2 097505019 Office Finisher Altalink C81xx & B81xx series 2 097505020 Xerox HCap Feeder 3000 Sheets A4/1-etter C81 8 es SPEC 2 D5133NT ESP Power Filter Ntwk/Fax 120/15 Pigtail + 2 Rece a es TBF15) (PM -15 Spe 2 XERC8155/1-12 Xerox Altalink C8155 55PPM A3 Color MFPW/ HiCap Ta ray 3 XERC315/DNI Xerox C315/DNI Wireless Laser Multifunction Printer - r� TRUE Subtotal $118,119.99 TOTALAMOUNT $118,119.99 Less Payment (Check #: ) AMOUNT DUE $118,119.99 Plus applicable taxes : The Dealership equipment indicated above is purchased under standard terms which are 1) The Seller retains title to all equipment and supplies subject to this agreement until purchase price is paid in full. 2) in the Buyer defaults in payment, the Buyer will be liable for the payment of any legal fees or other costs incurred in any action to collect this debt. General terms and conditions of maintenance agreement are furnished hely. This is a BINDING ORDER not subject to cancellation. This order cannot be changed except in writing by a Company Officer. There is a 1.75% monthly fee on all past due balances. Delinquent accounts sent to an e collection agency will be assessed 35% if the balance is over $200.00 and 50% if the balance is under $200.00. There is a $35.00 fee for all returned checks. Authorized Signature I Print Name I Title I Date 132 VISUAL. N p . EDGEIT �eB SECURE TECHNOLOGY SOLUTIONS i Maintenance Agreement Equipment CUSTOMER (hereinafter referred to as "You" or "Your") DATE: 1/10/2 FULL LEGAL NAME "City Of La Quints** INSTALLADDRESS City, State and Zip County 78495 Calle Tampico La Quinta CA 92253 RIVERSIDE METER COLLECTION SOFTWARE CONTACT EMAILADDRESS PHONE NUMBER BILLTOADDRESS (If different from above) City, State and Zip County 78495 Calle Tampico La Quinta CA 92253 RIVERSIDE Agreement Summary: See Appendix B Sales Rep: Stan Maze Monthly Image Contract Usage Per Device Make/Model# Monthly Se Install Location Allowance Image Chare Base Amount d ') `ferent from above MONO COLOR MONO COLOR Xerox XERB315/DNI $555.80 $0.0229 $0.0000 Xerox XERC315/DNI $0.0229 $0.0599 Xerox Altal-ink C8135/T2 $0.0068 $0.0329 Xerox Altal-ink C8155/H2 $0.0068 $0.0329 Xerox 8310/DNI $0.0229 $0.0000 $0.0000 $0.0000 Total Consolidated Monthly Image anc 14,000 14,000 Included: All Travel, Parts and Labor (inclu ng M kits ier and developer), Access to the Smart Center. Agreement Options Base Billing Frequency B/W Usage Billing Frequency Color Usage Billing Frequency Contract Term Monitoring Software Electronic Invoicing Special Provisions: Monthly Monthly Monthly 12 Month Yes/$0 Yes Not Included: Paper, Staples, Exterior Plastic, and ss "Installation of meter collection software is require VArreavr�call specified in the full terms and conditions. Failure to provide access to monitoring soft$20 monthly admin fee per device for manual meter collection. DCA option declined -please undrvice, supplies and meter reads will be a manual process requiring input from you the customer. *"Base Charges are billed in Advance and Overage are bille "Billing payment period is monthly unless otherwise indicated. NOTE: 5 year fixed cost per page. 14000 BW and 14000 Color pages included monthly for the Altal-ink devices to share. All other devices to be invoiced for prints as used when used. THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THIS PAGE, THE REVERSE SIDE, ATTACHED EQUIPMENT LIST, ANY APPLICABLE ADDENDUMS, ALL OF WHICH PERTAIN TO THIS AGREEMENT AND WHICH YOU ACKNOWLEDGE HAVING READ. THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY US. YOU CERTIFY ALL ACTIONS REQUIRED TO AUTHORIZE EXECUTION OF THIS AGREEMENT, INCLUDING YOUR AUTHORITY, HAVE BEEN FULFILLED. CUSTOMER: (As Stated Above) Authorized Signature Title: Doug Kinley III Print Name Date: 133 Maintenance Terms & Conditions GENERAL TERMS 1. Definitions. The words "you" and "your" mean the legal entity identified in "Customer Information" fields above, and "we," "us" and "our" mean Visual Edge IT. "Device(s)" means the items identified in "Equipment" above and in any attached Equipment Schedules, or future Addend ums. "Base" rates refer to static monthly charges for service. "Allowance" means the number of copies included in the Base charge. "Usage Per Image Charge" means the applicable prints or copies made in excess of any stated allowance. 2. Payments and Late Payments. You agree to pay us the full amount due for all Base charges, Usage charges, and billable service or supply charges by the due date listed on the invoice. If any amount payable to us is not paid when due, you will be subject to interruption of covered services and a late charge up to three (3) percent of the overdue balance. Billing disputes must be submitted to us no later than the due date listed on the invoice to avoid late charges or service interruption. ACH or Credit Card draft payment method may be required for certain coverage plans or contract terms. 3. Renewal. We may annually increase both the Base rate and Overage rates by amounts determined at our discretion, but not to exceed 15% of the then current payment and/or rate in each year. 4. Term. The term of this agreement will be based on the length selected above or based on the length of active lease agreements, whichever is longer. Minimum term requirements may vary based on equipment lease agreements and selected coverage plans. Commencement date and coverage will begin on the date of new equipment installation or ten (business days) from the date of confirmed monitored status, whichever is later. S. Covered Equipment. Services selected above will be provided to those devices listed under Equipment. 6. Cancellation Notice. We maintain responsibility covered under customer selected services for the full term of this agreement until either party provides written notice of cancellation with 60 -days' notice. If your agreement term is based on an active equipment lease agreement, all lease terms and conditions must be met before cancellation requests are accepted. If we elect to cancel this agreement, written notice will be sent to the contact and address listed above. 7. Liability. The parties agree that we will not be liable for any consequential damages of any nature caused to the business or property of Owner of Equipment ("Company") by any failure, defect, or malfunction of equipment to be maintained by us. & WARRANTY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENTTO THE CONTRARY, WE WARRANT (A) THAT ALL PERSONNEL PERFORMING SERVICES HEREUNDER BY OR ON BEHALF OF US WILL HAVE APPROPRIATE TRAINING AND EXPERIENCE AND (B) ALL EQUIPMENT IS IN ACCORDANCE WITH INDUSTRY STANDARDS, AND ALL SUPPLIES AND MATERIALS ARE OF GOOD QUALITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING (AND WITHOUT LIMITING ANY OBLIGATION OF US TO MAKE REPAIRS UNDER THIS AGREEMENT), YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL ANY MANUFACTURER'S WARRANTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, BE DEEMED GIVEN BY OR OTHERWISE TRANSFERRED OR APPLIED TO US. 9. EQUIPMENT WARRANTY DISCLAIMER. WE HAVE MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOODS AND SERVICES BEING PROVIDED THAT HAS BECOME ANY BASIS OF THIS BARGAIN. FUTHE HAVE MADE NO AFFIRMATION OF FACTOR PROMISE RELATING TO THE GOODS OR SERVICES BEING PROVIDED THAT HAS CREATED OR AMOUNTED TO AN EXPRE5JORWANTY THAT THE GOODS WOULD CONFORM TO ANY SUCH AFFIRMATION OR PROMISE. WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY WITH RESPECTTO00 R SERVICES PROVIDED BY THIS AGREEMENT. WE DISCLAIM ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER WITH RESPEC HE OR SERVICES BEING PROVIDED UNDER THIS AGREEMENT. COMPANY AGREES THAT WE SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM ANALLE RE HIS GREEMENT BEYOND THE COST OF ONE YEARS SERVICE AND MAINTENANCE UNDER THIS AGREEMENT. 10. GOVERNING LAW, CONSENTTO JUIWICTI E F LITIGATION. THIS AGREEMENT AND EACH SCHEDULE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. YOU AGREE THAT ANY DISPUTVkRI U ELATED TO THIS AGREEMENT WILL BE ADJUDICATED IN THE FEDERAL OR STATE COURT LOCATED IN LUBBOCK COUNTYTEXAS. YOU HEREBY CONSENTTO P RS I N AND VENUE IN THAT COURT AND WAIVE ANY RIGHT TO TRANSFER VENUE. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. BREAK/FIX SERVICE TERMS 1. We agree to maintain all equipment listed, in a normal o ating co ion. All costs for Labor, Parts, Travel and Service will be borne by us, subject to the terms of this agreement and based on specific plan options selected. n -cove h s for labor, parts, or travel will be billed at the then current rates. 2. All necessary parts will be replaced, at no additional cost, cos hose parts does not exceed the total value of the equipment. If the cost of necessary parts exceeds the total value of the equipment, we will notify yo ggest cement options. Replacement cost is your responsibility. If the replacement is purchased from us, a trade-in credit may be offered toward the cost of a new devi 3. We will not be responsible for maintenance in the event of: Damage by Accident, Misuse, Act of God, Line Voltage Problems, Neglect or Failure To Follow Factory Operating Instructions, or if maintenance or repairs are performed yone other th our personnel. It also ceases if competitive supplies are used, or if the damage occurs as a result of your abuse or improper handling of the device o supplies. 4. All equipment will be serviced upon your request, during our normal business hour 5 p.m. local time, except weekends and VETIT holidays). Request for service outside our normal business hours will be provided on a best effort basis and, if le, a billed at overtime rates plus travel. 5. We, at our discretion, may authorize our approved maintenance subcontractor eproviders to perform maintenance and repairs to the Devices. Devices located outside our local service areas will require subcontractor coverage for onsi er ' eeded. TONER AND SUPPLY TERMS 1. Toner and ink consumables, will be borne by us for all devices covered by this agreemen ac ' eporting through the Monitoring Software. We agree to supply you with all toner and ink consumables required to operate the Devices. We agree to prov' ut repl ishment for those devices using Monitoring Software. You must purchase staples and paper separately. 2. All toner and ink consumables provided as a part of this agreement in the standard course usi s Safety Stock shall at all times remain our property. You may use the toner and ink consumables pursuant to the terms of this Agreement, but you shall not have ership r' is in or to the toner or ink consumables. You shall promptly return to us all unused items supplied by us under this agreement. You shall not be ch for or ink consumables in use upon the expiration or termination of this Agreement. Any items not returned shall be billed by us to you at the then cu n ail purchase price. 3. Auto supply replenishment is scheduled based on individual device performance, coverage, and usa a ry. W ste Toner Containers are not available for auto shipment. Other certain items may not be eligible for auto shipment based on device model and supply it e. Co items not eligible for auto shipment will be provided at no additional cost, but must be requested by you as needed to allow for standard shipping time. itio quests for toner and ink consumables will be subject to approval based on current usage and shipment history. Any customer request for additional ite ill nsidered Safety Stock unless otherwise approved. Flat rate overnight shipping amounts can be quoted at the time of order. 4. Cost -per -image and cartridge pricing is based on an industry -standard 5% page coverage model. Toner and ink umables or or requested based on excessive page coverage may be subject to a mid-term cost -per -image escalation or billing for additional cartridges. 5. Any defective toner or ink consumable items provided to you by us must be reported and returned to us within 30 of r ng a replacement item. If defective item is not returned, the replacement item may be billed at then current retail price. Standard shipping for defective items and cements will be covered by us. METER READING RE UIREMENTS Monthly meter rea ings are required for each covered device. 1. Meter collection. Those devices reporting through Monitoring Software will be collected by us. Devices not reporting r any reason will require your submission until monitoring is restored. 2. Estimated Meters. Estimated meters are based on historical volume usage. If historical volume usage is unavailable, a minimum estimation of 50 mono impressions will be applied. If estimated meters are issued for three (3) consecutive billing cycles, you may become subject to invoicing monthly data collection fees and prevailing hourly billable rate for labor and travel to collect accurate meter readings. 3. Meter Adjustments. Any billing issued based on estimated meters are not eligible for billing adjustments, but will not be responsible for additional overage charges until current meters exceed billed meters. Additional estimations will cease until such time that the current meters exceed previously billed estimates, as long as accurate meters are being submitted monthly. MONITORING SOFTWARE. Monitoring Software is involved, You grant Permission to Install and Maintain. 1. Customer Refusal or Non -Response. Customers refusing these Monitoring Software terms or not -responding to our requests for installations or updates may disqualify printing devices from certain coverage, delay existing services, or become subject to invoicing monthly data collection fees and prevailing hourly billable rate for labor to collect meter readings. 2. Device Changes. You agree to notify us in writing of any contact person or location changes regarding covered devices. You assume responsibility for estimated meter readings, delayed service and supply fulfillment in the case of device changes not reported. ANALYST CONSULTING & SMART CENTER ANALYST SERVICES 1. If Analyst Consulting services are included int the purchase of a printing device from us, our trained and certified employees will work with your IT personnel (if applicable) to setup all covered equipment and software, according to machine configuration, following equipment delivery for the first ninety (90) days following installation. Following the completion of those 90 days or in the case that Analyst services were not included in the Purchase Agreement, you will be responsible to complete the work yourselves or agree to pay us to provide the work at standard billable rates. 2. Smart Center Analyst Services are considered separate and apart from Break/Fix technical services IBy: X Date: Authorized Initials 134 Visual Edge IT, Inc. 650 E. Hospitality In. San Bernardino, CA. 9240 SLG AGREEMENT ADDENDUM Reference is made to that certain Agreement ("Agreement") by and between VISUAL EDGE IT, INC. ("VEIT") and La Quinta, City of ("Customer") dated. Any capitalized terms used in this Addendum which are not defined shall have the definitions set forth in the Lease. The Parties agree that the following sections replace or modify the corresponding sections in the Agreement and are hereby incorporated therein. 2. OWNERSHIP; PAYMENTS; TAXES AND FEES: Remove the following; - "If any part of a Payment is more than 5 days late, you agree to pay a late charge equal to: a) the higher of 10% of the Payment which is late or $26.00, or b) if less, the maximum charge allowed by law." - "You agree to pay us a yearly processing fee of up to $125 per asset for personal property taxes we pay related to the Equipment. You agree to pay us a fee of up to $50 for filing and/or searching costs required under the Uniform Commercial Code ("UCC") or other laws. You agree to pay us an origination fee of up to $150 for all closing costs." 12. LAW; JURY WAIVER: Replace the 2nd sentence with the following; - "THE JURISDICTION AND VENUE OF ANY ACTION TO ENFORCE THIS AGREEMENT, OR OTHERWISE RELATING TO THIS AGREEMENT, SHALL BE IN A FEDERAL OR STATE COURT IN California COUNTY, Riverside County." Additional Section: Non -Appropriation. Your obligation to pay the Payments and any other amounts due is contingent upon approval of the appropriation of funds by your governing body. In the event funds are not appropriated for any fiscal period equal to amounts due under the Agreement, and you have no other funds legally available to be allocated to the payment of your obligations under the Agreement, you may terminate the Agreement effective on the first day of such fiscal period ("Termination Date") if: (a) you have used due diligence to exhaust all funds legally available; and (b) VEIT has received written notice from you at least 30 days before the Termination Date. At VEIT's, or its assignee's request, you shall promptly provide supplemental documentation as to such non -appropriation. Upon the occurrence of such non - appropriation, you shall not be obligated for payment of any Payment for any fiscal period for which funds have not been so appropriated, and you shall promptly deliver the Equipment, as per the terms and conditions of the Agreement to the Dealer (or such other party as we may designate) as set forth in the return provisions of the Agreement. In the event of any conflict between the terms of the Agreement and the terms above, the terms above shall control. VISUAL EDGE IT, INC. Accepted by: Name/Title: Date: La Quinta, City of Authorized signor: Name/Title: Date: SLG-VEIT-ADDENDUM - 11.28.23 135 Visual Edge IT, Inc. 650 E Hospitality Lane, Suite 500 San Bernardino, CA 92408 SLG AGREEMENT ADDENDUM, MAINTENANCE AND SUPPLIES Reference is made to that certain Agreement ("Agreement") by and between VISUAL EDGE IT, INC. ("VEIT") and La Quinta, City of ("Customer") dated. Any capitalized terms used in this Addendum which are not defined shall have the definitions set forth in the Lease. The Parties agree that the following sections replace or modify the corresponding sections in the Agreement and are hereby incorporated therein. 13. MAINTENANCE AND SUPPLIES: Remove the following; - You agree to pay a monthly supply freight fee to cover the costs of shipping supplies to you. - At the end of the first year of this Agreement, and once each successive 12 -month period thereafter, the maintenance and supplies portion of the Payment and the overage charges may be increased by a maximum of 15% of the existing payment or charge. In the event of any conflict between the terms of the Agreement and the terms above, the terms above shall control. VISUAL EDGE IT, INC. Accepted by: Name/Title: Date: La Quinta, City of Authorized signor: Name/Title: Date: 136 VISUAL L IT ='r r City of La Quinta I January 8, 2023 Model Clty 60 month lease Lease totals Purchase Price Purchase Total Freestanding - Xerox C8135/T2 with Stapling (fax as needed) 9 $ 165.55 $ 1,489.95 $ 8,597.00 $ 77,373.00 Freestanding - Xerox C8155/112 with Stapling, High Cap Feeder, 3 Hole Punch 2 $ 279.00 $ 558.00 $ 12,498.00 $ 24,996.00 Plotter -MFP-T830+5 year warranty+install 1 $ 269.00 $ 269.00 $ 12,697.00 $ 12,697.00 Desktop BW MFP - B315dn 2 $ 9.79 $ 19.58 $ 389.00 $ 778.00 Desktop Color MFP C315dn 3 $ 28.82 $ 86.46 $ 549.00 $ 1,647.00 Desktop BW Printer Only/MICR - B310 plus tray/locking 1 $ 17.00 $ 17.00 $ 629.00 $ 629.00 Contract Totals $ 146,399.40 $ 118,120.00 Service & Supplies (Xerox) C8135/C8155 Freestanding Device NOTE: Volumes included Desktop 6315/6310 Desktop C315 Desktop Device NOTE: Prints invoiced as used. No included volume Contract Total Estimated desktop expense 5 Year Contract Total including Purchase of Equipment and Service/Supplies Savings to purchase vs. lease Volume BW Cost Per Page BW Volume Color Cost Per Page Color Monthly Base 14000 0.0068 14000 0.0329 $ 555.80 0 0.0229 0 N/A N/A 0 0.0229 0 0.0599 0 $ 33,348.00 $ 3,708.50 $ 155,176.50 $28,339.40 Quote provided by: Stan Maze and Amanda Maze, Visual Edge IT Desert Cities 137 Visual Edge Implementation Plan Visual Edge IT will work with the City to develop a mutually agreeable Implementation Plan for delivery, installation, and training. As shown in the following diagram, implementation planning involves three key steps: 1. Pre -Installation 2. Installation 3. Post -Installation The Implementation Plan establishes the scope and the activities to be included in the installation It describes the tasks that need to be completed and identifies who is responsible (Xerox or Client) and gives the duration or timeline for completing the task. Discuss requirements and solution, including: • Space requirements • Software requirements • Startup dates Follow agreed upon task and schedule detailed in the plan Determine need for any additional actions Evaluate success Reinforce and ensure customer satisfaction Post -Installation Installation of Xerox Devices Visual Edge IT understands it is responsible for the installation of all equipment and initial training. At time of installation, the City will provide all network cables of appropriate length, as well as network and power drops. Discuss and finalize key elements of the implementation, including: • Objectives • Measure of Success • Scope of Project • Resources & Responsibilities • Target Dates • Schedule of Activities Upon receipt of the equipment order, our local professional delivery services carrier will contact the City to schedule an acceptable delivery date. Visual Edge IT will, as part of the installation service, unbox and hookup new devices, and validate the agreed upon standard configuration of all devices regarding any network services such as scanning, printing and server fax. Necessary troubleshooting will also be performed to ensure your equipment is working properly, including validating that equipment is producing acceptable copies and printed documents, and that the scanning and fax capabilities are functional. Visual Edge IT will remove and dispose of all packing materials. If additional technical support is required (based on the product ordered), the delivery carrier would place a call to engage a Visual Edge IT Technical Service Representative (TSR) as needed. Visual Edge IT Analyst Services will be engaged to complete implementation and installation activities to enable all features and functions purchased. We will also provide an overview of basic functionality, including a review of the device's software applications. REQUEST FOR PROPOSALS 2023/2024 THROUGH FY 2027/28 VISUAL PRINTER/COPIER LEASE AND MAINTENANCE SERVICES PROGRAM EDGE � - WCORE rrrnnvrorr sm uttnrcs Page 18 of 40 138 Within 24 hours of installation, your local Visual Edge IT Project Manager /Account Executive will follow up to ensure customer satisfaction and answer any outstanding questions. Visual Edge Assessment Process A full site assessment for the placement of multifunction copier/printers is a critical step to ensure that the installation of these devices meets the specific needs and requirements of the City of La Quinta. 1. Initial Consultation: to understand the document management needs, workflow process, and specific goals. 2. Site Visit: a full walk through by the project management team to the locations where the devices will be placed. 3. Document Workflow Analysis: assess the current document workflow and identify areas where improvements can be made in terms of efficiency and productivity. 4. Space Evaluation: Consider factors such as dimensions, layout and accessibility. 5. Electrical and Networking Infrastructure: verify availability and compatibility of electrical outlets and network connectivity at the chose installation sites. 6. Security and Compliance Requirements: Discuss and identify any specific security or compliance requirements such as data encryption or user authentication needed. 7. User Needs and Preferences: Interview key personnel to understand their specific needs and preferences related to document management. 8. Print Volume Analysis: Determine the City's average monthly print volume to recommend appropriate capacity of the multifunction copier/printers. 9. Integration with Existing Systems: Ensuring the existing software and network infrastructure are compatible with the new devices. 10. Environmental Considerations: temperature, humidity, ventilation checks for optimal operation. 11. Workflow Recommendations: For optimizing document workflow and automating taxes with Xerox's multifunction features. 12. Cost Analysis: Provide total cost of ownership evaluation based on final recommendation. 13. Customization and training: Discuss any specific needs related to the City's unique requirements. 14. Proposal and presentation: Comprehensive proposal that outlines the recommended strategy and benefits associated. A thorough site assessment ensures that the placement of multifunction copier/printers is tailored to the City's specific needs, optimizing document management processes, enhancing efficiency, and delivering value. REQUEST FOR PROPOSALS 2023/2024 THROUGH FY 2027/28 VISUAL PRINTER/COPIER LEASE AND MAINTENANCE SERVICES PROGRAM EDGE � - WCORE rrrnnvrorr sm uttnrcs Page 19 of 40 139 Form (Rev. Departi Internal Ce) a� Ca CL C 0 ai c ao U 0 02 �+ N c = a � .v d CL y m a� W-9 Request for Taxpayer Give Form to the )ctober 2018) Identification Number and Certification requester. Do not nent of the Treasury send to the IRS. Revenue Service ► Go to wwwJrs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Visual Edge IT, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3): ❑ Individual/sole proprietor or ❑✓ C Corporation ElS Corporation ❑ Partnership ❑ Trust/estate single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 3874 Highland Park NW 6 City, state, and ZIP code North Canton, OH 44720 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. F—T-1 17111©MIIII71111r7M1111.7M1111r E Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part ll, later. Sign Signature of Here U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) Date ► 01/01/2023 • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) 140 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 One Hundred Eighty Two Thousand Dollars ($182,000) ("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 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. 502-0000-60662 (Copiers) - $37,055 502-0000-80100 (Machinery and Equipment) - $144,945 Exhibit B Page 1 of 1 141 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit C Page 1 of 1 142 Exhibit D Special Requirements NONE Exhibit D Page 1 of 1 143 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 6 144 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 6 145 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 . arty: 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 6 146 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 6 147 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 6 148 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 6 149 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 2 150 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 2 151 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 152 City of La Quints CONSENT CALENDAR ITEM NO. 8 CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH CARAHSOFT TECHNOLOGY CORP FOR THE PURCHASE AND IMPLEMENTATION OF OPENGOV ENTERPRISE ASSET MANAGEMENT SOFTWARE SYSTEM RECOMMENDATION Approve Agreement for Contract Services with Carahsoft Technology Corp. for the purchase and implementation of OpenGov Enterprise Asset Management software system, for a not to exceed amount $299,500; and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY • An asset management software will assist the City with managing preventative maintenance to extend the useful life of fleet, infrastructure, and facilities along with maximizing inventory efficiency. • Staff solicited four asset management companies to provide demonstrations, and selected OPENGOV software system. • Carahsoft submitted a NASPO quote (Attachment 1). NASPO analysts streamline the procurement process by developing requests for proposals for national competitive solicitations that meet or exceed local requirements. FISCAL IMPACT The agreement costs are detailed in the table below. Funds are available in the Information Technology budget (Account No. 502-0000-60301, Software Licenses). TERMS COST Initial Term: March 1, 2024-2027 Year 1 + Implementation $ 96,314 Year 2 $ 39,897 Year 3 $ 41,892 Years 1-3 — 15% Contingency $ 26,897 Initial Term (Years 1-3): $205,000 153 Optional Extended Term: March 1, 2027-2029 Year 4 $ 45,000 Year 5 $ 45,000 Years 4-5 — 5% Contingency $ 4,500 Extended Term (Years 4-5): $94,500 GRAND TOTAL: $299,500 BACKGROUND/ANALYSIS Implementation of an Asset Management Software is a goal of the Public Works Maintenance and Operations Division to enhance data driven decisions. The operating system (OS) will be utilized by the fleet, facilities, streets, stormwater, parks, landscape and lighting (L&L), and traffic operations divisions. The City hosted demonstrations from four asset management software providers, OPENGOV, City Works, Dude Solutions, and Tyler Technologies. OPENGOV Enterprise Asset Management was selected because its system best meets the needs of City. The OPENGOV software is compatible with the City's current Go Request OS and citizen interface portal, and will work seamlessly to enhance reporting and analytics, streamline decision making, and connect our community. The software will allow Staff to track and maintain assets effectively, increasing reliability of physical assets, enhancing predictive maintenance, and addressing infrastructure maintenance challenges. ALTERNATIVES Council may elect not to approve this agreement or select a different provider for asset management software. Prepared by: Tony Ulloa, Public Works Deputy Director Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Carahsoft NASPO Quote for OpenGov Asset Management Software 2. Agreement for Contract Services with Carahsoft Technology Corp 154 PRICE QUOTATION CARAHSOFT TECHNOLOGY CORP 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190 PHONE (703) 871-8500 1 FAX (703) 871-8505 1 TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM TO: Tony Ulloa City of La Quinta, CA CA USA EMAIL: tulloa@laquintaca.gov PHONE: TERMS: Contract Number: 7-17-70-40-05 NASPO Master Contract Number: AR2472 Contract Term: 09/15/17 - 09/15/26 Shipping Point: FOB Destination Credit Cards: VISA/MasterCard/AMEX Remit To: Same as Above Payment Terms: Net 45 (On Approved Credit) Sales Tax May Apply ATTACHMENT 1 carahsoft. FROM: Heather Castellanos Carahsoft Technology Corp. 11493 Sunset Hills Road Suite 100 Reston, Virginia 20190 EMAIL: Heather.Castellanos@carahsoft.com PHONE: (571) 662-3750 FAX: QUOTE NO: 42257663 QUOTE DATE: 12/13/2023 QUOTE EXPIRES: 12/31/2023 RFQ NO: SHIPPING: ESD TOTAL PRICE: $178,101.80 TOTAL QUOTE: $178,101.80 LINE NO. PART NO. DESCRIPTION COOP QUOTE PRICE QTY EXTENDED PRICE TERM 1 1 OG-CUSN-22-CG- FMS & OMS: FMS Property Portfolio; FMS $343,000.00 $28,962.10 COOP 1 $28,962.10 ALL -491 Space Management; OMS Plus Edition; OMS Named User Licenses; OMS Facilities Domain; Orange Advantage — Large; OpenGov Professional Services Deployment OpenGov, Inc. - OG-CUSN-22-CG-ALL Start Date: 01/01/2024 End Date: 12/31/2024 2 OG-TWAW- Facilities Domain - Between $20-40 Million $9,795.10 $2,509.71 COOP 1 $2,509.71 B2040M-AR-3Y- - 3Y 491 OpenGov, Inc. - OG-TWAW-B2040M-AR- 3Y Start Date: 01/01/2024 End Date: 12/31/2024 3 OG-TWAY- Parks & Recreation Domain - Between $9,143.40 $1,003.89 COOP 1 $1,003.89 B2040M-AR-3Y- $20-40 Million - 3Y 491 OpenGov, Inc. - OG-TWAY-B2040M-AR- 3Y Start Date: 01/01/2024 End Date: 12/31/2024 4 OG-TWBA- Signal Domain - Between $20-40 Million - $8,491.70 $501.94 COOP 1 $501.94 B2040M-AR-3Y- 3Y 491 OpenGov, Inc. - OG-TWBA-B2040M-AR- 3Y Start Date: 01/01/2024 End Date: 12/31/2024 5 OG-TWBB- Stormwater Domain - Between $20-40 $9,143.40 $1,505.82 COOP 1 $1,505.82 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBB-B2040M-AR- 3Y Start Date: 01/01/2024 End Date: 12/31/2024 155 CONFIDENTIAL QUOTE DATE: 12/13/2023 PAGE 1 of 4 QUOTE NO: 42257663 156 CONFIDENTIAL QUOTE DATE: 12/13/2023 PAGE 2 of 4 QUOTE NO: 42257663 PRICE QUOTATION carahsoft. CARAHSOFT TECHNOLOGY CORP 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190 PHONE (703) 871-8500 1 FAX (703) 871-8505 1 TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM SALES@CARAHSOFT.COM LINE NO. PART NO. DESCRIPTION COOP QUOTE PRICE QTY EXTENDED PRICE 6 OG-TWBC- Transportation Domain - Between $20-40 $9,795.10 $2,509.71 COOP 1 $2,509.71 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBC-B2040M-AR- 3Y Start Date: 01/01/2024 End Date: 12/31/2024 7 OG-TWBD- Walkability Domain - Between $20-40 $8,753.36 $1,003.89 COOP 1 $1,003.89 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBD-B2040M-AR- 3Y Start Date: 01/01/2024 End Date: 12/31/2024 8 OG-PSBG- Professional Services Deployment- $294.00 $185.72 COOP 314 $58,316.08 B2040M-OT-OY- Prepaid - Between $20-40 Million - OY 491 OpenGov, Inc. - OG-PSBG-B2040M-OT- OY Start Date: 01/01/2024 End Date: 12/31/2024 TERM 1 SUBTOTAL: $96,313.14 TERM 2 9 OG-CUSN-22-CG- FMS & OMS: FMS Property Portfolio; FMS $343,000.00 $30,410.22 COOP 1 $30,410.22 ALL -491 Space Management; OMS Plus Edition; OMS Named User Licenses; OMS Facilities Domain; Orange Advantage — Large; OpenGov Professional Services Deployment OpenGov, Inc. - OG-CUSN-22-CG-ALL Start Date: 01/01/2025 End Date: 12/31/2025 10 OG-TWAW- Facilities Domain - Between $20-40 Million $9,795.10 $2,635.20 COOP 1 $2,635.20 B2040M-AR-3Y- - 3Y 491 OpenGov, Inc. - OG-TWAW-B2040M-AR- 3Y Start Date: 01/01/2025 End Date: 12/31/2025 11 OG-TWAY- Parks & Recreation Domain - Between $9,143.40 $1,054.07 COOP 1 $1,054.07 B2040M-AR-3Y- $20-40 Million - 3Y 491 OpenGov, Inc. - OG-TWAY-B2040M-AR- 3Y Start Date: 01/01/2025 End Date: 12/31/2025 12 OG-TWBA- Signal Domain - Between $20-40 Million - $8,491.70 $527.03 COOP 1 $527.03 B2040M-AR-3Y- 3Y 491 OpenGov, Inc. - OG-TWBA-B2040M-AR- 3Y Start Date: 01/01/2025 End Date: 12/31/2025 13 OG-TWBB- Stormwater Domain - Between $20-40 $9,143.40 $1,581.11 COOP 1 $1,581.11 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBB-B2040M-AR- 3Y Start Date: 01/01/2025 End Date: 12/31/2025 14 OG-TWBC- Transportation Domain - Between $20-40 $9,795.10 $2,635.20 COOP 1 $2,635.20 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBC-B2040M-AR- 3Y Start Date: 01/01/2025 End Date: 12/31/2025 156 CONFIDENTIAL QUOTE DATE: 12/13/2023 PAGE 2 of 4 QUOTE NO: 42257663 157 CONFIDENTIAL QUOTE DATE: 12/13/2023 PAGE 3 of 4 QUOTE NO: 42257663 PRICE QUOTATION carahsoft. CARAHSOFT TECHNOLOGY CORP 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190 PHONE (703) 871-8500 1 FAX (703) 871-8505 1 TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM SALES@CARAHSOFT.COM LINE NO. PART NO. DESCRIPTION COOP QUOTE PRICE QTY EXTENDED PRICE 15 OG-TWBD- Walkability Domain - Between $20-40 $8,753.36 $1,054.07 COOP 1 $1,054.07 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBD-B2040M-AR- 3Y Start Date: 01/01/2025 End Date: 12/31/2025 TERM 2 SUBTOTAL: $39,896.90 TERM 3 16 OG-TWAW- Facilities Domain - Between $20-40 Million $9,795.10 $2,766.95 COOP 1 $2,766.95 B2040M-AR-3Y- - 3Y 491 OpenGov, Inc. - OG-TWAW-B2040M-AR- 3Y Start Date: 01/01/2026 End Date: 12/31/2026 17 OG-TWAY- Parks & Recreation Domain - Between $9,143.40 $1,106.78 COOP 1 $1,106.78 B2040M-AR-3Y- $20-40 Million - 3Y 491 OpenGov, Inc. - OG-TWAY-B2040M-AR- 3Y Start Date: 01/01/2026 End Date: 12/31/2026 18 OG-TWBA- Signal Domain - Between $20-40 Million - $8,491.70 $553.39 COOP 1 $553.39 B2040M-AR-3Y- 3Y 491 OpenGov, Inc. - OG-TWBA-B2040M-AR- 3Y Start Date: 01/01/2026 End Date: 12/31/2026 19 OG-TWBB- Stormwater Domain - Between $20-40 $9,143.40 $1,660.18 COOP 1 $1,660.18 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBB-B2040M-AR- 3Y Start Date: 01/01/2026 End Date: 12/31/2026 20 OG-TWBC- Transportation Domain - Between $20-40 $9,795.10 $2,766.95 COOP 1 $2,766.95 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBC-B2040M-AR- 3Y Start Date: 01/01/2026 End Date: 12/31/2026 21 OG-TWBD- Walkability Domain - Between $20-40 $8,753.36 $1,106.78 COOP 1 $1,106.78 B2040M-AR-3Y- Million - 3Y 491 OpenGov, Inc. - OG-TWBD-B2040M-AR- 3Y Start Date: 01/01/2026 End Date: 12/31/2026 22 OG-CUSN-22-CG- FMS & OMS: FMS Property Portfolio; FMS $343,000.00 $31,930.73 COOP 1 $31,930.73 ALL-491 Space Management; OMS Plus Edition; OMS Named User Licenses; OMS Facilities Domain; Orange Advantage — Large; OpenGov Professional Services Deployment OpenGov, Inc. - OG-CUSN-22-CG-ALL Start Date: 01/01/2026 End Date: 12/31/2026 TERM 3 SUBTOTAL: $41,891.76 SUBTOTAL: $178,101.80 157 CONFIDENTIAL QUOTE DATE: 12/13/2023 PAGE 3 of 4 QUOTE NO: 42257663 PRICE QUOTATION CARAHSOFT TECHNOLOGY CORP 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON, VIRGINIA 20190 PHONE (703) 871-8500 1 FAX (703) 871-8505 1 TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM LINE NO. PART NO. DESCRIPTION COOP QUOTE PRICE QTY TOTAL PRICE: carahsoft. EXTENDED PRICE $178,101.80 TOTAL QUOTE: $178,101.80 Billing Frequency: Annually in Advance Opengov Terms of Service Annual invoices will be delivered by the start of each consecutive annual period. Payment of invoices shall be annually in advance. Customer's use of the OpenGov services is pursuant to the OpenGov End User License Agreement set forth at https:/Iopengov.com/terms-of-service/end-user-license-agreement/ "PLEASE NOTE" Please be sure to include any applicable contract numbers on your purchase order, as well as, all billing and shipping emails and mailing addresses to ensure your order can be processed in a timely manner. For orders that may be subject to taxes, please provide the end user's mailing address so the correct tax rate, if any, can be applied 158 CONFIDENTIAL QUOTE DATE: 12/13/2023 PAGE 4 of 4 QUOTE NO: 42257663 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 CARAHSOFT TECHNOLOGY CORP, with a place of business at 11493 SUNSET HILLS ROAD SUITE 100 RESTON, VIRGINIA 20190. ("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 procurement, installation, and training for OpenGove Asset Management software., 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. 159 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. 160 -2- 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 and Ninety -Nine Thousand and Five Hundred dollars ($ 299,500), 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 161 -3- 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 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 March 1, 2024. and terminate on March 1, 2027 ("Initial Term"). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. 162 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) Heather Castellanos Telephone No.: 571.662.3750 Email: heather.castellanos@carahsoft.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 Tony UIIoa Deputy Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein 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. 163 -5- 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 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 164 In 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 165 -7- 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 166 In 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 167 N 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 168 -10- 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. 169 -11- 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: Monika Radeva, City Clerk 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: Carahsoft Technology Corp. Attention: Heather Castellanos 11493 Sunset Hills Road, Suite 100, Reston, Virginia 20190 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. 170 -12- 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] 171 -13- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CARAHSOFT TECHNOLOGY GROUP 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 -14- By:_ Name: Title: By:_ Name: Title: 172 Exhibit A Scope of Services 1. Services to be Provided: OpenGov will deliver a cloud based Enterprise Asset Management solutions and provide training during and after the implementation process. OpenGov will perform the work remotely, except for any project -related activity which OpenGov determines would be best performed at City facility. OpenGov will provide the services during normal business hours, 8:30 a.m. to 6:00 p.m. local time, Monday through Friday, except holidays. The statement of work (SOW) provided submitted by OpenGov will be utilized as reference guide. 2. Performance Standards: See attached statement of work. (SOW) Section 2.5 address OpenGov deliverables and time schedule. 173 Exhibit A Page 1 of 4 Last revised summer 2017 EXHIBIT A - SCOPE OF WORK �) OPENGOV Statement of Work City of La Ouinta, CA Creation Date: 12/12/2023 Document Number: PS -05060 Version Number: 1 Created by: Dean Simpson 174 2023 Enterprise Asset Management Statement of Work vl Table of Contents 1. Overview and Approach 2 1.1. Agreement 2 2. Statement of Work 3 2.1. Project Scope 3 2.2. Facilities and Hours of Coverage 3 2.3. Key Assumptions 3 2.4. Exclusions 4 2.5. OpenGov Responsibilities 4 2.5.1. Activity 1- Project Management 4 2.5.2. Activity 2 - Initialization 5 2.5.3. Activity 3 - OpenGov Domains 5 2.5.4. Activity 4 - Training 6 2.6. Your Responsibilities 6 2.6.1. Your Project Manager 7 2.7. Completion Criteria 7 2.8. Estimated Schedule 7 2.9. Illustrative Project Timelines 8 2.10. Charges 8 2.11. Offer Expiration Date 8 Appendix A: Engagement Charter 8 A-1: Communication and Escalation Procedure 8 A-2: Change Order Process 10 A-3: Deliverable Materials Acceptance Procedure 10 Appendix B: Implementation Activities 11 B-1: Phase 1 11 175 2023 Statement of Work v1 2 1. Overview and Approach 1.1. Agreement This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov" or "we") will perform for City of La Quinta, CA ("Customer' or "you") pursuant to that order for Professional Services entered into between OpenGov and the Customer ("Order Form") which references the Master Services Agreement or other applicable agreement entered into by the parties (the "Agreement"). • Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. • The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided. • Customer's use of the Professional Services is governed by the Agreement and not this SOW. • Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. • In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. • This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. • OpenGov will be deployed as is, Customer has access to all functionality available in the current release. 2. Statement of Work This SOW is limited to the Implementation of the OpenGov Enterprise Asset Management as defined in the OpenGov Responsibilities section of this document (Section 2.5). Any additional services or support will be considered out of scope. 2.1. Project Scope Under this project, OpenGov will deliver cloud based Enterprise Asset Management solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the "OpenGov Responsibilities" section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Project Change Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time -and -materials or fixed -fee basis using OpenGov's standard rates in effect from time to time for any resulting additional work or waiting time. 176 2023 Statement of Work v1 2.2. Facilities and Hours of Coverage OpenGov will: A. Perform the work under this SOW remotely, except for any project -related activity which OpenGov determines would be best performed at your facility in Customer Location in order to complete its responsibilities under this SOW. B. Provide the Services under this SOW during normal business hours, 8:30am to 6:OOpm local time, Monday through Friday, except holidays. 2.3. Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Project Change Control Procedure (see Appendix A-2) , and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms. Per A. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software. B. Individual software modules are configured based on discussions between OpenGov and Customer. C. Enterprise Asset Management i. OpenGov will provide all services remotely via audio; video; and web conferences unless otherwise noted. ii. OpenGov assumes that the customer is responsible for performing quality control measures on its data in EAM. iii. OpenGov assumes that the customer is responsible for testing its workflows, automations, integrations, and configurations within the EAM and will update the configurations as part of its testing and training activities. iv. OpenGov assumes that the customer accepts EAM upon the completion of the go -live event v. If a non -API integration is included in scope, Customer is responsible for engaging third party vendor to obtain data, configuration, and/or third party integration support. vi. If an API integration is included in scope, Customer is responsible for providing access to a test instance of the third party API including a URL, authentication credentials, and relevant documentation. vii. OpenGov best practice is to not exceed tested limits of the product. 2.4. Exclusions The following service items are not included in the scope of this project: A. Implementation of any custom modification or integration developed by OpenGov; your internal staff; or any third -party is not included in the scope of this project unless specifically listed in Appendix B. 177 2023 Statement of Work v1 B. Data conversion services from other software system(s) or sources (including Navigator databases) are not included in the scope of this project unless specifically listed in Appendix B. C. Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless specifically listed in Appendix B. 2.5. OpenGov Responsibilities 2.5.1. Activity 1- Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks: Planning OpenGov will: A. review the SOW, contract and project plan with Customer's Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B. maintain project communications through your Project Manager; C. establish documentation and procedural standards for deliverable Materials; and D. Collaborate with your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones. Project Tracking and Reporting OpenGov will: A. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager; B. work with your Project Manager to address and resolve deviations from the project plan; C. conduct regularly scheduled project status meetings; and D. administer the Project Change Control Procedure with your Project Manager. Completion Criteria: This is an on-going activity which will be considered complete at the end of the Services contract. Deliverable Materials: • Weekly status reports • Project plan 178 2023 Statement of Work v1 • Project Charter • Risk, Action, Issues and Decisions Register (RAID) 2.5.2. Activity 2 - Initialization OpenGov will provide the following: A. Customer Entity configuration B. System Administrators creation C. Solution Blueprint creation D. Data Validation strategy confirmation Completion Criteria: This activity will be considered complete when: • Customer Entity is created • System Administrators have access to Customer Entity • Solution Blueprint is presented to Customer Deliverable Materials: • Solution Blueprint • Sign -off of Initial Draft Solution Blueprint 2.5.3. Activity 3 - OpenGov Domains OpenGov will provide the following: Enterprise Asset Management Domains A. Transportation B. Walkability C. Signals D. Parks and Rec E. Facilities F. Stormwater Completion Criteria: This activity will be considered complete when: • Instance setup is completed • Requirements Gathering is completed • Start up Data is loaded • Asset Installation is completed • Integrations are implemented • Data conversion is completed Deliverable Materials: • Formal sign off document 179 2023 Statement of Work v1 6 2.5.4. Activity 4 - Training Training will be provided in instructor -led virtual sessions unless otherwise specified in Appendix B. For any instructor -led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor. Completion Criteria: • Software training is delivered Deliverable Materials: • Formal sign off document 2.6. Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2: Project Change Control Procedure. 2.6.1. Your Project Manager Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A. manage your personnel and responsibilities for this project (for example: ensure personnel complete any self -paced training sessions, configuration, validation or user acceptance testing); B. serve as the interface between OpenGov and all your departments participating in the project; C. administer the Project Change Control Procedure with the Project Manager; D. participate in project status meetings; E. obtain and provide information, data, and decisions within five (5) business days of OpenGov's request unless you and OpenGov agree in writing to a different response time; F. resolve deviations from the estimated schedule, which may be caused by you; G. help resolve project issues and escalate issues within your organization, as necessary; and H. create, with OpenGov's assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates. 180 2023 Statement of Work v1 2.7. Completion Criteria OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs: A. OpenGov accomplishes the activities set forth in "OpenGov responsibilities" section and delivers the services in Appendix B as listed, if any; or B. The End date is reached 2.8. Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. The Services are currently estimated to start within two Mweeks but no later than four(4) weeks from signatures and have an estimated end date of nine months after signatures ("End Date") or on other dates mutually agreed to between you and OpenGov. 2.9. Illustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reflect your use cases. Mcnthl Enterprise Amet Mane pment Suite Illustrative T3meRne Month 2 Month S Month 4 Month S Month B Morrth7 Month 6 tntogrationsf Conversions Qofino and Plan Enterprlaa Asset Managmen t DesEgn Build and Test Deliver GoLive Support Hyperoare Timeline is depe nden t on the number of phases and other facturs. Customer is responsible For atten ding the ki ek off of each phase, pravi d Ing any necessary data for each phase, partici pati n g in wo rki ng s ess ions du ring wive Phases, end signing off vn 4eli ve rablea at the and of each plwse- 2.10. Charges The Services will be conducted on a Fixed Price basis. This fixed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services. All charges are exclusive of any applicable taxes. Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs providing Professional Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. OpenGov shall not exceed the estimated $4,800 expenses without written approval from the Customer. 181 2023 Statement of Work v1 2.11. Offer Expiration Date This offer will expire on March 12, 2024 unless extended by OpenGov in writing. 182 2023 Statement of Work v1 Appendix A: Engagement Charter A-1: Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following: • Regular communication aligned to the agreed upon project plan and timing. o OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. • Executive involvement o Executives may be called upon to clarify expectations and/or resolve confusion. o Executives may be needed to steer strategic items to maximize the value through the deployment. • Escalation Process: o OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised • Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. • Customer or OpenGov Project Manager summarizes the problem statement and impasse. • Customer and OpenGov Project Managersjointly will outline solution, acceptance or schedule Executive review. • Resolution will be documented and signed off following Executive review. Phase Sign -Off o OpenGov requests sign -offs at various stages during the implementation of the project. Once the Customer has signed -off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2: Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: • Change Order- Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Amending the SOW to correct an error. 183 2023 Statement of Work v1 HE o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3: Deliverable Materials Acceptance Procedure Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: • The deliverable Material will be submitted to your Project Manager. • Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. • Within five (5) business days of receipt, your Project Manager will either accept the deliverable Material or provide OpenGov's Project Manager a written list of requested revisions. If OpenGov receives no response from your Project Manager within five (5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance. • All acceptance milestones and associated review periods will be tracked on the project plan. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. • For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. • Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1. As set forth in the "Customer Delays" provision of the Agreement, if there are extended delays (greater than 10 business days) in Customer's response for requested information or deliverable; OpenGov may opt to put the project on an "On Hold" status. After the Customer has fulfilled its obligations, Professional Services can be resumed and the project will be taken off the "On -Hold" status. • Putting a project "on Hold" may have several ramifications including, but not restricted, to the following: o Professional Services to the customer could be stopped; o Delay to any agreed timelines; or o Not having the same Professional Services team assigned. 184 2023 Statement of Work v1 I� Appendix B: Implementation Activities B-1: Phase Setup OpenGov will: • Setup a hosted, sandbox and production OpenGov Asset Management environment. • Provide an overview, up to two (2) hours, of OpenGov and ArcGIS Online user -based logins and User/Role functionality. • Provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OpenGov Asset Management. • Utilize the template to create users and roles in OpenGov Asset Management. (Note: Subsequent User and/or Role changes will be your administrator's responsibility.) • Provide documentation and guidance, up to four (4) hours, for your technical GIS staff to configure Esri Basemap Services for OpenGov Asset Management integration. Guidance will be geared towards OpenGov Asset Management/Esri integration functionality and requirements. • Setup the OpenGov Asset Management Platform, including the Request, Work, Resource, and Asset Management areas of the software. Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless otherwise noted. Requirements Gathering OpenGov will • Provide a two-day (2 -day) onsite requirement gathering workshop to increase our understanding of your business and functional goals. Through workshops and interviews, OpenGov will identify best fit scenarios for OpenGov Asset Management and provide a brief including any challenges as well as recommendations for OpenGov Asset Management best practices relevant to your implementation. Configurations OpenGov will: • Provide configuration services, including: o Up to ten (10) custom fields and up to two (2) custom layouts per asset type listed in the Assets section below o Up to thirty (30) custom fields and up to ten (10) custom layouts to be utilized in any of the shared areas of the system, such as Tasks o Up to twenty (20) automations o Up to twenty (20) preventative maintenance plans Training OpenGov will: Foundational Training • Provide remote train -the -trainer training, up to two (2) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions. Training topics include: o Dashboards o Standard KPI/ROI Gadgets o Logins/Permission 185 2023 Statement of Work v1 12 o Layers o Filters o Maps o Grids o System Navigation o Views (List & Detail) o Standard Reports o Attachments o Requests, Work, Assets, Resources, Reports, and Administrator Tabs • Provide remote train -the -trainer training, up to one (1) hour, for an overview of Preventative Maintenance Plans. • Provide remote train -the -trainer training, up to one (1) hour, for an overview of Asset Condition Manager and Advanced Inspections. • Provide remote train -the -trainer training, up to two (2) hours, for an overview of Reporting. • Provide remote train -the -trainer training, up to two (2) hours, on OpenGov Asset Management Esri integration functionality. Training topics include: o OpenGov Asset Management Esri integration configuration options o Integration functionality(basemap and feature) o Overall Esri integration requirements, considerations, and OpenGov recommended best practices Train the Trainer Training Event • Provide a two-day (2 -day) onsite "train -the -trainer" training event. The training agenda will be defined and agreed upon by both OpenGov and your project manager. To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. Topics may include any of the following: o Request Management: Requests Requesters Task Creation from Requests Issue library (including settings such as Applies to Asset and Non -Location) OpenGov recommended best practices for Request and Requester Management o Work Management: Create Task(s)(Asset/Non-Asset) Assignments (Add, Edit, Remove) Task Menu Actions Related Work Items Create Work Order Associate Task to WO Repeat Work Orders Work Order Menu Actions Enter Resources Timesheets Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity) OpenGov recommended best practices for Work Management o Asset Management: 186 2023 Statement of Work v1 13 • Asset Details • Preventative Maintenance Plans • Inspections • Linked assets (if applicable) • Container/Component Relationships (if applicable) • OpenGov recommended best practices for Asset Management o Resource Management: • Resource Details • Labor/Equipment Rates • Material Management (Stock, Usage, Adjustments) • Vendor Price Quotes • OpenGov recommended best practices for Resource Management o OpenGov Mobile: • Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting) • Work Management • Create and Update Tasks (Asset/Non-Asset) • Assign Tasks • Enter Resources • Inspections • Asset Management • Create and Update Assets • Request Management • View and Update Requests • View Requester information • Create Task from Request • OpenGov recommended best practices for mobile device use o Fleet Management: • Preventative Maintenance • Task Management • Vehicle Replacement Ratings (VRR) Equipment Detail information • Fleet Reports • OpenGov recommended best practices for Fleet Management o Administrator: • Administrator: • User Administration, Role Administration, Asset Administration, Record Filter Administration, Import/Export, Scheduled Process Log, Error Log • Settings: • System Settings, Map Administration, Geocode Settings, GIS Integration settings, Asset Color Manager • Manager: • Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager, Automation • Manager Advanced Training Topics: • Provide Preventative Maintenance Plans remote train -the -trainer training, up to three (3) hours. Training topics include: o Preventative Maintenance o OpenGov recommended best practices for proactive asset management 187 2023 Statement of Work v1 14 • Provide Advanced Inspections, Asset Condition Manager, and Asset Risk remote train -the -trainer training, up to four (4) hours. Training topics include: o Performance Management • Prediction Groups • Minimum Condition Groups • Activities and Impacts • Criticality Factor • Install/Replaced Dates o Business Risk Exposure • Risk • Consequence of Failure • Probability of Failure o OpenGov recommended best practices for Asset Risk Functionality , advanced inspections and condition management • Provide Internal Request remote train -the -trainer training, up to two (2) hours. Training topics include: o Internal Requests • Users • Views • Issue Library settings and management o OpenGov recommended best practices for advanced request management Go -Live Support OpenGov will: • Provide a remote, up to eight (8) hours, web conferences, to be utilized for Go -Live Support. The agenda will be defined, and agreed upon, by both your and OpenGov's project managers. Topics may include any of the following: o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable Data Services OpenGov will: • Provide one sandbox and one production data load service through standard import/export functionality. OpenGov will provide template documents for data population. Once populated by your staff, OpenGov will load the data into your sandbox or production OpenGov Asset Management environment. Data loads may include data such as: o Parent level asset records o Asset location (spatial x/y) attributes o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records o Standard system libraries • Provide service for your historical data listed below: o GoGov data related to: Requests, Work History (non -asset tasks, total costs, attachments), Resources o For the custom data conversion service(s) listed above, OpenGov will provide: • A review of the historical data along with recommendations for OpenGov Asset Management best fit. 188 2023 Statement of Work v1 15 • A field map workshop, which will identify where and how historical data will appear within OpenGov Asset Management • A test conversion service to facilitate data conversion validation and testing • One revision of the field map used for the test conversion service • A production conversion service utilizing the final, approved field map All data must be accessible to OpenGov from a SQL DB, SQL View, Access DB or Comma Delimited Files. Integrations • OpenGov staff will provide a uni-directional (one-way) Integration Service between Wex and OpenGov. The integration includes: o A one-way integration of data from the source system to OpenGov o Up to 12 fields in the same OpenGov recordset (IE: Equipment table and Equipment's Fuel Log table) o A sync using a unique ID ■ If ID exists; information will be updated ■ If ID does not exist; OpenGov will create a record or produce an error message o A customer -configurable runtime interval for the sync • Assumptions o The integration will include up to 12 fields (in the same OpenGov recordset) o Customer staff will be responsible for populating required values utilized to support integration. o All data must be accessible to the OpenGov service from a flat file (.csv or .txt) Assets OpenGov will: • Provide installation and training on the following asset types: o Transportation (8) • Bridge; Light Fixture; Pavement; Sign; Guardrail; Marking; Pavement Area; Support o Walkability(7) • ADA Ramp; Pavement Area: Sign; Tree; Light Fixture; Sidewalk; Support o Signals (8) • Preemption; Signal Cabinet; Signal Head; Traffic Camera; Signalized Intersection; Signal Controller; Signal Monitor; Traffic Detector o Parks and Recreation (10) • Athletic Space; Fence; Park; Park Structure; Playground Equipment; Bench; Landscape Area; Park Amenity; Playground; Tree o Facilities (25) • Facility; Other Site Construction; Selective Building Demolition; Site Improvement; Site Preparation; Facility Floor; Basement Construction; Conveying; Exterior Enclosures; Facility Electrical; Facility Equipment; Fire Protection; Foundations; Furnishings; HVAC; Interior Construction; Interior Finishes; Plumbing; Roofing; Site Electrical Utilities; Site Mechanical Utilities; Spaces; Special Construction; Stairs; Superstructure o Stormwater(9) • Storm Basin; Storm Channel; Storm Culvert; Storm Facility; Storm Inlet; Storm Manhole; Storm Outlet; Storm Pipe; Storm Pump o Fleet (1) • Fleet 189 2023 Statement of Work v1 16 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, 190 Exhibit A Page 2 of 4 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 I II 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. 191 Exhibit A Page 3 of 4 (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 ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 192 Exhibit A Page 4 of 4 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred and Ninety -Nine Thousand and Five Hundred dollars ($ 299,500) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 193 Exhibit B Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. 194 Exhibit C Page 1 of 1 None Exhibit D Special Requirements Exhibit D Page 1 of 1 195 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. 196 Exhibit E Page 1 of 6 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically 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. 197 Exhibit E Page 2 of 6 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 198 Exhibit E Page 3 of 6 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 199 Exhibit E Page 4 of 6 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 200 Exhibit E Page 5 of 6 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. 201 Exhibit E Page 6 of 6 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. 202 Exhibit F Page 1 of 2 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. 203 Exhibit F Page 2 of 2 204 CONSENT CALENDAR ITEM NO. 9 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: AUTHORIZE SPENDING AUTHORITY FOR STAFF TO PURCHASE INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE THROUGH CDWG, CARAHSOFT, NEWEGG, AND DELL RECOMMENDATION Authorize spending authority for staff of up to $150,000 for fiscal year 2023/24 and up to $120,000 for fiscal year 2024/25 to purchase information technology equipment through CDWG, Carahsoft, Newegg, and Dell. EXECUTIVE SUMMARY The City contracts with Acorn Technologies (Acorn) for IT services since 2019; Acorn evaluates and recommends equipment and software purchases as needed in accordance with their agreement. Staff seeks spending authority approval for 4 vendors as the City's growing needs and limited inventories when buying products such as computers, tablets, and phones may be challenging. This provides flexibility to use any of these vendors depending on purchasing needs. FISCAL IMPACT All IT equipment and software purchases combined will not exceed $150,000 for fiscal year (FY) 2023/24, and $120,000 for FY 2024/25. Funds are available in the IT Fund and will be used to purchase machinery, computers, equipment, and other technical expenses. BACKGROUND/ANALYSIS The City contracts with Acorn for IT services since 2019. The contract allows Acorn to seek products and services which meet the City's needs. To fully exercise this provision of the contract, staff seek spending authority approval for 4 vendors (CDWG, Carahsoft, Newegg and Dell) to better accommodate the City's growing needs, which coupled with limited inventories may make it challenging to purchase necessary equipment or cause delays. 205 In 2022, Council approved spending authority up to $120,000 per fiscal year for CDWG, Newegg, and Dell vendors. This request would add Carahsoft as an approved vendor to help meet the City's expanded needs for product availability. Carahsoft purchases are generally for equipment upgrades, such as computers, and software licenses, such as Adobe products, which are delivered in a more reliable manner than other vendors. Acorn has made recommendations for a budget and timeline outlining equipment upgrades to City Hall. As staff works to procure the necessary equipment, product supplies from certain vendors has become infeasible, and requires adding another reliable organization to purchase from. Per City requirements, budget and scheduling, Acorn will continue to solicit formal bids from these approved vendors and provide a final recommendation for staff's approval. The four vendors selected offer certified government discounts and provide quality products. Acorn shall seek the lowest priced product or service that best suits the City's specific need. Sole source purchases shall be limited but may include ensuring a cohesive product among a business unit, restrictions, or requirements to have a certain product which operates with a current operating system or using a recognized brand. Acorn shall follow all City Purchasing Policy requirements and obtain full approval from the appropriate City staff before initiating a purchase with any vendor. Products shall not be marked up by Acorn and vendors shall invoice the city directly for products purchased. Equipment purchases include but are not limited to computers, servers, network switches, phones, routers, monitors, keyboards, storage devices, and other essential products to implement technological needs. Having an approved spending authority will allow staff to utilize any of the approved vendors for the full "not to exceed" budget annually and have the flexibility to procure cost-effective products as needed in a timely manner. AL I tKNA I IVtb Council could elect not to approve the purchase of IT equipment through indicated vendors; though, staff does not recommend this alternative to ensure continued operations. Prepared by: Doug Kinley, Management Analyst Approved by: Gilbert Villalpando, Director N ^. City of La Quints CONSENT CALENDAR ITEM NO. 10 CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JANUARY 9, 2024, PLANNING COMMISSION MEETING RECOMMENDATION Excuse absence of Commissioner Mary Caldwell from the January 9, 2024, Planning Commission meeting. EXECUTIVE SUMMARY • Commissioner Caldwell requested to be excused from the January 9, 2024, Planning Commission meeting due to previously scheduled travel. • Commissioner Caldwell has two excused absences for fiscal year 2023/24. FISCAL IMPACT No meeting attendance compensation is paid to absent members. BACKGROUND/ANALYSIS Section 2.06.090 of the La Quinta Municipal Code states: "If any member of a board, commission or committee absents him or herself from two consecutive regular meetings, or absents him or 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: Oscar Mojica, Permit Technician Approved by: Monika Radeva, City Clerk 207 208 CONSENT CALENDAR ITEM NO. 11 City of La Quinta CITY COUNCIL MEETING: .January 16, 2024 STAFF REPORT AGENDA TITLF : AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND TOURISM OUTREACH ACTIVATION IN SAN DIEGO, CALIFORNIA, FEBRUARY 16-18, 2024 RECOMMENDATION Authorize overnight travel for the Marketing Manager to attend a Tourism Outreach Activation in San Diego, California, February 16-18, 2024 EXECUTIVE SUMMARY • City staff along with Madden Media, the City's advertising agency, is creating a tourism outreach activation experience in San Diego to attract tourism to La Quinta. • The focus of the activation will take place at the Farmers Market in Little Italy to reach San Diego locals that fit the demographic of travelers to the City. • The City is partnering with La Quinta Resort and Club to include an additional culinary component to the activation that will provide public relations (PR) opportunities, authentic content, social engagement, lead generation, and market research. FISCAL IMPACT Estimated expenses are $1,200; which includes lodging, transportation, and meals. Funds are available in the fiscal year (FY) 2023/24 Marketing Department's Travel and Training budget (No. 101-3007-60320). 3ACKGROUND/ANALYSIS The City held a tourism outreach activation last year at the City Picnic to promote La Quinta to locals and visitors. This year a tourism outreach activation experience will take place in the City's drive market in San Diego, at the Farmers Market in Little Italy. Through partnership with the La Quinta Resort and Club, the activation will include a culinary component highlighting local fare as one of their pastry chefs will be on hand to discuss using local resources to create culinary experiences. 209 The campaign will include pre -promotion of the experience that will generate PR and social media awareness. During the activation, the City will utilize brand ambassadors that will provide a live experience, capture content, as well as conduct social media sweepstakes and giveaways. Additionally, there will be mobile swarms of wrapped cars that will promote La Quinta at the following locations around the activation: • Farmers Market • Farmers Insurance PGA Tournament at Torrey Pines • Gaslamp District • Coronado 4LTERNATIVES Council may elect not to approve this request, however it is not recommended as there will not be any City brand ambassadors present to promote the destination. Prepared by: Marcie Graham, Marketing Manager Approved by: Gilbert Villalpando, Director 210 CONSENT CALENDAR ITEM NO. 12 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED DECEMBER 15, AND DECEMBER 22, 2023, AND JANUARY 5, 2024 RECOMMENDATION Approve demand registers dated December 15, and December 22, 2023, and January 5, 2024. EXECUTIVE SUMMARY — None FISCAL IMPACT Demand of Cash: City Successor Agency of RDA Housing Authority BACKGROUND/ANALYSIS $ 7,259,808.88 $ 70,596.38 $ 7,330,405.26 Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for December 15, December 22, 2023, and January 5,2024. There was no check run the week of December 29, 2023, due to the holiday. Warrants Issued: 212611-212704 EFT 133 212705-212751 212752-212794 EFT 134 Payroll Direct Deposit Payroll Check #37681 Payroll Tax Transfers Wire Transfers $ 4,896,805.45 $ 106,887.87 $ 315,404.84 $ 339,047.49 $ 13,200.00 $ 630,784.96 $ 92.35 $ 171,706.96 $ 856,475.34 $ 7,330,405.26 211 Vendor Granite Construction Compay Ortiz Enterprises, Inc. Riverside County Sheriff Department T.YLin International Rutan & Tucker(1) (1) Payments were made 12/15/23 & 1/5/24 Account Name Amount Construction $1,465,007.16 Construction $1,399,318.55 Various $1,150,023.05 Purpose Fred Waring, Ave 50, & Ave 52 Pavement Rehab Progress Payments Dune Palms Bridge Progress Payment 09121-10/18123 Police Services Construction $214,898.70 Dune Palms Bridge Management Services Various $120,087.87 Legal Services Wire Transfers: Twenty-seven transfers totaled $856,475. Of this amount, $440,259 was to Landmark and $255,996 was to CaIPERS. (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 Oklahoma's Credit Union CD $ 248,000 12/14/2023 5.700% 5.700% Maturity United States Treasury Treasury Note $ 1,000,000 12/15/2023 0.125% 0.623% Maturity National Coop Bank CD $ 245,000 12/21/2023 3.400% 3.400% Purchase Rockland Federal Credit Union CD $ 248,000 12/22/2023 4.600% 4.600% Purchase Genesee Regional Bank CD $ 244,000 12/27/2023 4.200% 4.200% Maturity United States Treasury T -Bill $ 3,000,000 12/28/2023 0.000% 5.460% Purchase California Credit Union CD $ 244,000 12/28/2023 5.100% 5.100% Purchase Trustone Financial Credit Union CD $ 248,000 12/28/2023 5.150% 5.150% Purchase First Bank CD $ 244,000 12/28/2023 4.450% 4.450% Purchase United States Treasury Treasury Note $ 1,000,000 12/29/2023 3.125% 3.879% Purchase Federal Home Loan Banks Agency $ 1,000,000 12/29/2023 4.750% 4.800% Maturity Bar Harbor Bank & Trust CD $ 248,000 12/29/2023 3.350% 3.350% Purchase United States Treasury Treasury Note $ 1,000,000 1/2/2024 3.750% 3.815% Prepared by: Jesse Batres, Finance Technician Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers 2. Wire Transfers 212 City of La Quinta -vu„4�it- ATTACHMENT 1 Demand Register Packet: APPKT03671 - 12/15/2023 Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 -GENERAL FUND CENTRAL COMMUNICATIONS 212623 12/2023 - STVR HOTLINE Professional Services 101-6004-60103 623.00 FRANCHISE TAX BOARD 212641 GARNISHMENT Garnishments Payable 101-0000-20985 222.74 UNITED WAY OF THE DESERT 212696 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 FRANCHISE TAX BOARD 212641 GARNISHMENT Garnishments Payable 101-0000-20985 222.74 UNITED WAY OF THE DESERT 212696 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 WILLDAN 212702 09/2023 - PW ONCALL PLAN CHECKING ... Map/Plan Checking 101-7002-60183 607.00 CHARTER COMMUNICATIONS- 212624 12/05/23-1/4/24 - FS #32 CABLE/INTER... Telephone - Utilities 101-2002-61300 10.52 CHARTER COMMUNICATIONS- 212624 12/03/23-01/02/24 - FS #93 INTERNET (... Cable/Internet - Utilities 101-2002-61400 99.99 CHARTER COMMUNICATIONS- 212624 11/29-12/28/23 - FS #32 INTERNET (649... Cable/Internet - Utilities 101-2002-61400 99.99 VINTAGE E & S INC 212698 CIVIC PARK POSTS ELECTRICAL SERVICE Maintenance/Services 101-3005-60691 8,257.74 TOPS' N BARRICADES INC 212689 BARRICADES FOR TREE LIGHTING EVENT... Community Experiences 101-3003-60149 375.00 SALAS, MICHAEL 212678 FY 23/24 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 DEPARTMENT OF CONSERVA... 212633 7/1-9/30/23 - SEISMIC HAZARD MAPPI... SMIP Fees Payable 101-0000-20308 1,991.65 DEPARTMENT OF CONSERVA... 212633 7/1-9/30/23 - SEISMIC HAZARD MAPPI... SMIP Fees 101-0000-42610 -99.58 FOSTER, ROCIO 212640 2023 APPRECIATION DINNER CITIZEN ON.. LQ Police Volunteers 101-2001-60109 156.55 TRIPLETT, ALCADIA 212691 EMPLOYEE COCOA SOCIAL DECOR & TO... Employee Recognition Events 101-1004-60340 37.37 TRIPLETT, ALCADIA 212691 2023 WALKTOBER CHALLENGE GIFTCAR... Consultants/Employee Servic... 101-1004-60104 975.00 UNITED STATES TREASURY 212695 2ND QTR 95-3740431 FORM 720 Administration 101-1006-60102 109.50 HR GREEN PACIFIC INC 212648 11/2023 - ONCALL PLAN CHECK SVCS E... Map/Plan Checking 101-7002-60183 16,259.00 TPX COMMUNICATIONS 212690 11/23-12/22/23 - EOC PHONE LINE SVC Telephone - Utilities 101-2002-61300 1,798.72 MADDEN MEDIA 212654 11/2023 - MEDIA SERVICES/WEBSITE D... Marketing & Tourism Promot.. 101-3007-60461 7,857.14 MADDEN MEDIA 212654 11/2023 - MEDIA SERVICES Marketing & Tourism Promot.. 101-3007-60461 47,375.82 COACHELLA VALLEY KIDS LLC 212627 12/16/23 PANCAKES WITH SANTA FINAL... Community Experiences 101-3003-60149 225.00 DESERT SANDS UNIFIED SCH... 212637 7/27-10/18/23 - BP# 2,3,4 SCHOOL RES... School Officer 101-2001-60168 47,909.13 DESERT SANDS UNIFIED SCH... 212637 12/9/23 - X -PARK EVENT OVERFLOW PA... Community Experiences 101-3003-60149 140.00 PAX FITNESS REPAIR 212666 10/2023 - WC FITNESS EQUIPMENT MA... Operating Supplies 101-3002-60420 500.00 DESERT CONCEPTS CONSTR... 212635 SPORTS COMPLEX FENCE REPAIRS & TR... Maintenance/Services 101-3005-60691 3,500.00 PAX FITNESS REPAIR 212666 WC FITNESS EQUIPMENT REPAIR Operating Supplies 101-3002-60420 544.95 ANSAFONE CONTACT CENTE... 212616 10/2023 - PM 10 ANSWERING SERVICE PM 10 - Dust Control 101-7006-60146 152.89 VINTAGE ASSOCIATES 212697 11/20-11/22/23 - EXTRA LABOR AT SPO... Maintenance/Services 101-3005-60691 1,920.00 VINTAGE ASSOCIATES 212697 12/2023 - PARK LANDSCAPE MAINTENA... Landscape Contract 101-3005-60112 67,311.00 VINTAGE ASSOCIATES 212697 IQ IRRIGATION CLOCKS Materials/Supplies 101-3005-60431 19,950.00 VINTAGE ASSOCIATES 212697 EXTRA LABOR FOR LIBRARY COURTYARD Maintenance/Services 101-3005-60691 1,600.00 VINTAGE ASSOCIATES 212697 12/4-12/8/23 - EXTRA LABORER CH MAI... Maintenance/Services 101-3005-60691 1,600.00 XPRESS GRAPHICS 212704 LQ FALSE ALARM POSTCARDS LQ Police Volunteers 101-2001-60109 237.24 PARTY PALS 212664 SANTA CHAIR & TRACKLESS TRAIN FINAL.. Community Experiences 101-3003-60149 1,675.00 NOVAK, JAN 212658 PICKLEBALL 101 BEGINNER CLASS Instructors 101-3002-60107 896.00 H&G HOME IMPROVEMENTS.. 212645 CH LOBBY REPAIRS Maintenance/Services 101-3008-60691 4,890.00 H&G HOME IMPROVEMENTS- 212645 CH NORTH PARKING LOT REPAIRS Maintenance/Services 101-3008-60691 2,370.00 H&G HOME IMPROVEMENTS- 212645 FB POOL FENCE REPAIRS Maintenance/Services 101-3005-60691 4,780.00 MOWERS PLUS INC 212656 CHAINSAW REPAIRS Tools/Equipment 101-7003-60432 130.04 MOWERS PLUS INC 212656 EQUIPMENT BLADES Tools/Equipment 101-7003-60432 163.76 MOWERS PLUS INC 212656 EQUIPMENT PARTS Tools/Equipment 101-7003-60432 392.17 CONSOLIDATED ELECTRICAL ... 212629 LIGHT BULBS (24) Materials/Supplies 101-3008-60431 1,009.81 ODP BUSINESS SOLUTIONS, L... 212660 PENS & CALENDARS Office Supplies 101-1006-60400 86.99 ODP BUSINESS SOLUTIONS, L... 212660 ENVELOPES Office Supplies 101-1002-60400 15.21 STAPLES ADVANTAGE 212683 KEYBOARD & OFFICE SUPPLIES Operating Supplies 101-7003-60420 216.97 STAPLES ADVANTAGE 212683 OFFICE SUPPLIES Office Supplies 101-3005-60400 31.84 STAPLES ADVANTAGE 212683 OFFICE SUPPLIES Office Supplies 101-3002-60400 214.01 STAPLES ADVANTAGE 212683 OFFICE SUPPLIES Office Supplies 101-3002-60400 17.60 PROPAC, INC 212669 PILLOW INFLATABLE 50.CASE Disaster Prep Supplies 101-2002-60406 192.00 PROPAC, INC 212669 EMERGENCY SUPPLIES FREIGHT Disaster Prep Supplies 101-2002-60406 681.31 PROPAC, INC 212669 EMERGENCY SUPLIES TAXES Disaster Prep Supplies 101-2002-60406 144.22 1/8/2024 6:52:27 PM Page 1 of 8 213 Demand Register Packet: APPKT03671- 12/15/2023 Vendor Name Payment Number Description (Item) Account Name Account Number Amount PROPAC, INC 212669 BLANKET EMERGENCY - MYLAR Disaster Prep Supplies 101-2002-60406 281.25 PROPAC, INC 212669 DELUXE HYGIENE KIT Disaster Prep Supplies 101-2002-60406 975.00 SMITH PIPE & SUPPLY CO 212681 ELECTRICAL WIRE Materials/Supplies 101-3005-60431 27.17 SMITH PIPE & SUPPLY CO 212681 IRRIGATION PARTS Materials/Supplies 101-3005-60431 483.88 SMITH PIPE & SUPPLY CO 212681 IRRIGATION PVC PIPES (200) Materials/Supplies 101-3005-60431 335.34 MISSION LINEN SUPPLY 212655 PW UNIFORMS Uniforms 101-7006-60690 588.17 RASA/ERIC NELSON 212672 FTM2023-0001 MAP CHECKING SERVIC... Map/Plan Checking 101-7002-60183 350.00 RASA/ERIC NELSON 212672 FTM2022-0003 MAP CHECKING SERVICES Map/Plan Checking 101-7002-60183 875.00 SOUTHWEST BOULDER & ST... 212682 LANDSCAPE ROCK FOR GRAVEL PROGIR Lot Cleaning/Gravel Program 101-6004-60120 754.19 ROBERT HALF 212676 10/20/23 - TEMP AGENCY SERVICES A.... Temporary Agency Services 101-6006-60125 1,575.00 ROBERT HALF 212676 11/24/23 - TEMP AGENCY SERVICES A.... Temporary Agency Services 101-6006-60125 630.00 ROBERT HALF 212676 12/01/23 - TEMP AGENCY SERVICES A.... Temporary Agency Services 101-6006-60125 1,575.00 THE SHERWIN-WILLIAMS CO. 212688 PAINT Materials/Supplies 101-3008-60431 71.00 THE SHERWIN-WILLIAMS CO. 212688 PAINT Materials/Supplies 101-3005-60431 720.25 ALPHA MEDIA LLC 212614 12/2023 - DIGITAL ADS FOR IRONMAN Community Experiences 101-3003-60149 800.00 ALPHA MEDIA LLC 212614 12/2023 - DIGITAL ADS FOR IRONMAN Community Experiences 101-3003-60149 275.00 ALPHA MEDIA LLC 212614 12/2023 - RADIO ADS FOR IRONMAN M... Community Experiences 101-3003-60149 2,171.88 STERICYCLE, INC 212684 11/10/23 - POLICE SHRED LQ Police Volunteers 101-2001-60109 19.25 SHASTA FIRE PROTECTION, I... 212679 FS #93 ANNUAL FIRE SPRINKLER INSPECT.. Maintenance/Services 101-2002-60691 550.00 PATTON DOOR & GATE 212665 PW YARD GATE REPAIR Maintenance/Services 101-3008-60691 313.88 PWLC II, INC 212670 12/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,616.00 BEST SIGNS INC 212619 LOBBY MAP NUMBERS 2023 Professional Services 101-1002-60103 757.44 DEPARTMENT OF ANIMAL SE... 212632 10/2023 - ANIMAL SERVICES Animal Shelter Contract Servi.., 101-6004-60197 28,623.67 DEPARTMENT OF ANIMAL SE... 212632 11/2023 - ANIMAL SERVICES Animal Shelter Contract Servi.., 101-6004-60197 26,047.49 RIVERSIDE ASSESSOR 212674 04/2023 - RECORDING FEES VILLAGE HO... Due to County Recorder 101-0000-20325 50.00 RIVERSIDE ASSESSOR 212674 08/2023 - RECORDING FEES DUNE PAL... Due to County Recorder 101-0000-20325 2,814.00 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 101-2002-61101 2,032.10 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Monticello Park - Uti.. 101-3005-61102 13.81 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Civic Center Park - U.. 101-3005-61103 4,520.52 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Fritz Burns Park - Uti.. 101-3005-61105 1,511.79 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Sports Complex - Uti.. 101-3005-61106 6,064.08 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Colonel Paige - Utilit.. 101-3005-61108 1,543.73 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Community Park - U... 101-3005-61109 10,563.92 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Adams Park - Utiliti... 101-3005-61110 53.31 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Velasco Park - Utiliti... 101-3005-61111 14.00 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Eisenhower Park - U... 101-3005-61113 19.54 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Desert Pride - Utiliti... 101-3005-61114 13.26 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 101-3008-61101 17,283.15 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water -Community Park - Util.. 101-3005-61209 16,060.01 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE PM 10 - Dust Control 101-7006-60146 150.00 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 2,957.12 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water - Utilities 101-2002-61200 114.41 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water - Utilities 101-3008-61200 25.41 COACHELLA VALLEY ASSOC 0... 212625 08/2023 - ARTS AND MUSIC LINE SHARE... Contributions to Other Agenc.. 101-7006-60480 9,971.76 COACHELLA VALLEY ASSOC 0... 212625 09/2023 - ARTS AND MUSIC LINE SHARE... Contributions to Other Agenc.. 101-7006-60480 11,841.71 VISIT GREATER PALM SPRINGS 212699 Q1 FY 23/24 STVR TBID COLLECTIONS TBID Due to VGPS 101-0000-20303 55,342.85 VISIT GREATER PALM SPRINGS 212699 Q1 FY 23/24 STVR TBID COLLECTIONS VGPS TBID Admin Fee 101-0000-43635 -2,767.14 111 NOTARY SERVICES 212611 11/2023 - VOLUNTEER FINGERPRINTING Recruiting/Pre-Employment 101-1004-60129 92.00 ALLIANT INSURANCE SERVIC... 212613 09/2/23 - SPECIAL EVENT INSURANCE 2... Rental Expense 101-3003-60157 87.00 ALLIANT INSURANCE SERVIC... 212613 10/14/23 - SPECIAL EVENT INSURANCE ... Rental Expense 101-3003-60157 87.00 FRONTIER COMMUNICATIO... 212642 11/28-12/27/23 - SPORTS COMPLEX PH... Telephone - Utilities 101-3005-61300 39.08 DESERT RESORT MANAGEM... 212636 12/2023 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 4,018.43 SUNLINE TRANSIT AGENCY 212685 11/2023 - SUNLINE PASSES Due to SunLine 101-0000-20305 71.00 SUNLINE TRANSIT AGENCY 212685 11/2023 - SUNLINE PASSES Miscellaneous Revenue 101-0000-42301 -4.25 T & G GLOBAL, LLC 212687 2023 HOLIDAY DECOR AND LIGHTING FI... Community Experiences 101-3003-60149 24,491.94 COACHELLA VALLEY CONSER... 212626 11/2023 - MSHCP FEES MSHCP Mitigation Fee 101-0000-20310 11,100.44 COACHELLA VALLEY CONSER... 212626 11/2023 - MSHCP FEES CVMSHCP Admin Fee 101-0000-43631 -111.00 RUTAN & TUCKER 133 980234 - SRR Attorney 101-1003-60153 1,830.00 RUTAN & TUCKER 133 980229 - GENERAL Attorney 101-1003-60153 12,454.00 RUTAN & TUCKER 133 980235 - LQ GEM OF THE DESERT Attorney 101-1003-60153 180.00 1/8/2024 6:52:27 PM Page 2 of 8 214 Demand Register Packet: APPKT03671- 12/15/2023 Vendor Name Payment Number Description (Item) Account Name Account Number Amount RUTAN & TUCKER 133 980236 - RESPONSES FOR PUBLIC RECO... Attorney 101-1003-60153 10,109.00 RUTAN & TUCKER 133 980230 - PERSONNEL Attorney 101-1003-60153 3,241.50 RUTAN & TUCKER 133 980235 - SURPLUS LAND DISPOSITIONS Attorney 101-1003-60153 3,417.00 RUTAN & TUCKER 133 980232 - CODE Attorney 101-1003-60153 783.57 RUTAN & TUCKER 133 980237 - COATS & KOHANFARSI STVR Attorney/Litigation 101-1003-60154 780.00 RUTAN & TUCKER 133 980238 - CAMILLE BARBER ADMIN Attorney/Litigation 101-1003-60154 6,004.90 RUTAN & TUCKER 133 980231- LITIGATION Attorney/Litigation 101-1003-60154 1,389.00 OCEAN SPRINGS TECH INC 212659 FB POOL CAT MAINTENANCE Fritz Burns Pool Maintenance 101-3005-60184 738.90 OCEAN SPRINGS TECH INC 212659 12/2023 - SPLASH PAD MONTHLY MAIN... LQ Park Water Feature 101-3005-60554 943.00 OCEAN SPRINGS TECH INC 212659 12/2023 - FB POOL MONTHLY MAINTEN... Fritz Burns Pool Maintenance 101-3005-60184 6,082.00 OCEAN SPRINGS TECH INC 212659 SPLASH PAD WATER OUTLETS CLEANING LQ Park Water Feature 101-3005-60554 952.09 RUTAN & TUCKER 133 979882 - RESPONSES FOR PUBLIC RECO... Attorney 101-1003-60153 2,010.00 RUTAN & TUCKER 133 979977 - PERSONNEL Attorney 101-1003-60153 7,612.36 RUTAN & TUCKER 133 979979 - CODE ENFORCEMENT Attorney 101-1003-60153 945.00 RUTAN & TUCKER 133 979981 -SRR Attorney 101-1003-60153 6,690.00 RUTAN & TUCKER 133 979976 - GENERAL Attorney 101-1003-60153 7,367.00 RUTAN & TUCKER 133 979983 - CAMILLE BARBER ADMIN Attorney/Litigation 101-1003-60154 1,624.77 RUTAN & TUCKER 133 979978 - LITIGATION Attorney/Litigation 101-1003-60154 11,043.00 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water -Fritz Burns Park - Utili... 101-3005-61204 4,176.02 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water - Utilities 101-3008-61200 1,008.14 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water -Desert Pride - Utilities 101-3005-61206 2,272.66 QUADIENT FINANCE USA, INC. 212671 1/13-4/12/24 - CITYWIDE POSTAGE MA... Postage Machine 101-1007-60661 2,855.35 JOHNSTONE SUPPLY 212652 STICK LIGHT & BATTERY Tools/Equipment 101-3008-60432 167.29 FERGUSON ENTERPRISES, INC 212638 11/2023 - SERVICE CHARGE Maintenance/Services 101-3008-60691 4.01 RUTAN & TUCKER 133 979426 - RESPONSES FOR PUBLIC RECO... Attorney 101-1003-60153 64.50 RUTAN & TUCKER 133 979388 -SRR Attorney 101-1003-60153 1,968.00 RUTAN & TUCKER 133 979383 - GENERAL Attorney 101-1003-60153 4,767.00 RUTAN & TUCKER 133 979386 - CODE ENFORCEMENT Attorney 101-1003-60153 172.00 RUTAN & TUCKER 133 979384 - PERSONNEL Attorney 101-1003-60153 2,963.93 RUTAN & TUCKER 133 979385 - COATS & KOHANFARSI STVR Attorney/Litigation 101-1003-60154 432.00 RUTAN & TUCKER 133 979390 - CAMILLE BARBER ADMIN APP... Attorney/Litigation 101-1003-60154 4,998.84 RUTAN & TUCKER 133 979385 - LITIGATION Attorney/Litigation 101-1003-60154 2,202.00 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Sheriff Patrol 101-2001-60161 671,820.91 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Police Overtime 101-2001-60162 22,516.77 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Target Team 101-2001-60163 121,118.92 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Community Services Officer 101-2001-60164 57,770.64 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Gang Task Force 101-2001-60166 17,150.40 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Narcotics Task Force 101-2001-60167 17,150.40 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Motor Officer 101-2001-60169 122,331.90 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Dedicated Sargeants 101-2001-60170 47,365.66 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Dedicated Lieutenant 101-2001-60171 25,496.00 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Sheriff - Mileage 101-2001-60172 33,495.01 RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Special Enforcement Funds 101-2001-60175 4,128.90 SWRCB 212686 7/1/23-6/30/24 - PHASE 1 MSA ANNUAL.. Professional Services 101-7002-60103 17,666.00 Fund 101- GENERAL FUND Total: 1,773,492.21 Fund: 201- GAS TAX FUND UNDERGROUND SERVICE AL... 212694 12/1/23 - DIG ALERT SERVICES Materials/Supplies 201-7003-60431 50.25 MYERS & SONS HI -WAY SAFE... 212657 STREET NAME SIGNS Traffic Control Signs 201-7003-60429 3,576.90 WHITE CAP CONSTRUCTION ... 212701 MATERIALS Materials/Supplies 201-7003-60431 340.04 HIGH TECH IRRIGATION INC 212646 PARTS & SUPPLIES Materials/Supplies 201-7003-60431 186.41 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 201-7003-61101 931.32 Fund 201- GAS TAX FUND Total: 5,084.92 Fund: 202 - LIBRARY & MUSEUM FUND VINTAGE ASSOCIATES 212697 12/2023 - PARK LANDSCAPE MAINTENA... Landscape Contract 202-3004-60112 930.00 VINTAGE ASSOCIATES 212697 12/2023 - PARK LANDSCAPE MAINTENA... Landscape Contract 202-3006-60112 194.00 H&G HOME IMPROVEMENTS.. 212645 MUSEUM ROOF REPAIRS DUE TO STORM Maintenance/Services 202-3006-60691 4,950.00 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 202-3004-61101 3,436.75 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 202-3006-61101 1,281.73 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water - Utilities 202-3006-61200 287.61 PACIFIC WEST AIR CONDITIO... 212662 9/12/23 - LIBRARY HVAC REPAIRS HVAC 202-3004-60667 740.16 1/8/2024 6:52:27 PM Page 3 of 8 215 Demand Register Packet: APPKT03671- 12/15/2023 Vendor Name Payment Number Description (Item) Account Name Account Number Amount PACIFIC WEST AIR CONDITIO... 212662 10/31/23 - LIBRARY HVAC REPAIRS HVAC 202-3004-60667 1,432.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 13,252.25 Fund: 212 - SLESA (COPS) FUND RIVERSIDE COUNTY SHERIFF ... 212675 09/21-10/18/23 - BP #4 POLICE SERVICE COPS Burglary/Theft Prevent... 212-0000-60179 9,677.54 Fund 212 - SLESA (COPS) FUND Total: 9,677.54 Fund: 215 - LIGHTING & LANDSCAPING FUND WILLDAN FINANCIAL SERVIC... 212703 7/1-9/30/23 - L&L ADMINISTRATIVE SE... Administration 215-7004-60102 3,700.01 TRI-STATE MATERIALS INC 212692 LANDSCAPE D.G Materials/Supplies 215-7004-60431 179.44 SIGNATURE TINT 212680 LQ COVE SIGN INSTALLATION Maintenance/Services 215-7004-60691 100.00 VINTAGE ASSOCIATES 212697 12/2023 - PARK LANDSCAPE MAINTENA... Landscape Contract 215-7004-60112 12,124.00 SMITH PIPE & SUPPLY CO 212681 ELECTRICAL WIRE (3) Materials/Supplies 215-7004-60431 21.17 AUTOZONE 212618 VEHICLE MAINTENANCE SUPPLIES Materials/Supplies 215-7004-60431 20.92 CALIFORNIA DESERT NURSER... 212622 PLANTS Materials/Supplies 215-7004-60431 310.22 PWLC II, INC 212670 12/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 62,674.00 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric -Utilities 215-7004-61116 5,874.65 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Medians - Utilities 215-7004-61117 2,740.88 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water - Medians - Utilities 215-7004-61211 7,024.44 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water - Medians - Utilities 215-7004-61211 10,761.65 COACHELLA VALLEY WATER D.. 212628 WATER SERVICE Water - Medians - Utilities 215-7004-61211 2,271.41 VINTAGE ASSOCIATES 212697 PLANTS Materials/Supplies 215-7004-60431 165.94 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric -Utilities 215-7004-61116 937.45 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 108,906.18 Fund: 221- AB 939 - CALRECYCLE FUND ALPHA MEDIA LLC 212614 11/2023 - RECYCLING RADIO ADS MIX 1... AB 939 Recycling Solutions 221-0000-60127 3,500.00 ALPHA MEDIA LLC 212614 11/2023 - RECYCLING DIGITAL ADS AB 939 Recycling Solutions 221-0000-60127 3,000.00 DESERT ARC 212634 11/29/23 - SHREDDING AB 939 Recycling Solutions 221-0000-60127 291.50 Fund 221- AB 939 - CALRECYCLE FUND Total: 6,791.50 Fund: 224 - TUMF FUND COACHELLA VALLEY ASSOC 0... 212625 11/2023 - TUMF FEES TUMF Payable to CVAG 224-0000-20320 23,170.00 Fund 224 - TUMF FUND Total: 23,170.00 Fund: 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROPAC, INC 212669 COT COVER DISPOSABLE Tools/Equipment 226-0000-60432 200.00 Fund 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) Total: 200.00 Fund: 235 - SO COAST AIR QUALITY FUND IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity -Utilities 235-0000-61101 2,368.95 Fund 235 - SO COAST AIR QUALITY FUND Total: 2,368.95 Fund: 241- HOUSING AUTHORITY CAHA, BECKY 212621 11/2023 - HOUSING CONSULTANT SERV... Professional Services 241-9101-60103 6,300.00 RUTAN & TUCKER 133 980233 - HOUSING AUTHORITY Attorney 241-9101-60153 150.00 RUTAN & TUCKER 133 979980 - HOUSING AUTHORITY Attorney 241-9101-60153 7,152.00 RUTAN & TUCKER 133 379387 - HOUSING AUTHORITY Attorney 241-9101-60153 4,536.50 Fund 241- HOUSING AUTHORITY Total: 18,138.50 Fund: 270 - ART IN PUBLIC PLACES FUND ART GLASS BY MARCUS THES... 212617 OPAL RAINDROP SCULPTURE REPAIRS &.. APP Maintenance 270-0000-60683 2,293.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 2,293.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS IN -SITE LANDSCAPE ARCHITE... 212651 FB PARK PARK DESIGN MASTER PLAN 5... Design 401-0000-60185 6,090.00 ORTIZ ENTERPRISES INC. 212661 11/2023 - DUNE PALMS BRIDGE PROGR... Retention Payable 401-0000-20600 -73,648.34 ORTIZ ENTERPRISES INC. 212661 11/2023 - DUNE PALMS BRIDGE PROGR... Construction 401-0000-60188 1,472,966.89 AMERICAN BUSINESS BANK 212615 11/2023 DUNE PALMS BRIDGE RETENTI... Retention Payable 401-0000-20600 73,648.34 CONVERSE CONSULTANTS 212631 9/30-11/24/23 - MATERIALS TESTING C... Technical 401-0000-60108 21,217.00 GRANITE CONSTRUCTION C... 212644 FRED WARING PAVEMENT REHAB FROG... Construction 401-0000-60188 -74,633.00 GRANITE CONSTRUCTION C... 212644 FRED WARING PAVEMENT REHAB FROG... Construction 401-0000-60188 1,492,660.00 GRANITE CONSTRUCTION C... 212644 AVE 50 & AVE 52 PAVEMENT REHAB NO... Construction 401-0000-60188 49,452.80 GRANITE CONSTRUCTION C... 212644 AVE 50 & AVE 52 PAVEMENT REHAB NO... Construction 401-0000-60188 -2,472.64 PLANIT REPROGRAPHICS SYS... 212667 EISENHOWER RETENTION BASIN REPAIR... Construction 401-0000-60188 84.09 CONVERGINT TECHNOLOGIES.. 212630 09/2023 - CITYWIDE CAMERA SYSTEM ... Construction 401-0000-60188 1,937.42 1/8/2024 6:52:27 PM Page 4 of 8 216 Demand Register Packet: APPKT03671- 12/15/2023 Vendor Name Payment Number Description (Item) Account Name Account Number Amount CONVERGINTTECHNOLOGIES.. 212630 10/2023 - CITYWIDE CAMERA SYSTEM ... Construction 401-0000-60188 1,937.42 CONVERGINTTECHNOLOGIES.. 212630 11/2023 - CITYWIDE CAMERA SYSTEM ... Construction 401-0000-60188 1,937.42 LANDMARK CONSULTANTS,... 212653 11/9-11/22/23 FRED WARING PAVEME... Technical 401-0000-60108 1,293.60 WALTERS WHOLESALE ELECT... 212700 BLACK CABLE TIES Construction 401-0000-60188 116.22 Fund: 501- FACILITY & FLEET REPLACEMENT HILARIO, BENJAMIN 212647 INLAND POWER EQUIPMENT... 212650 PARKHOUSE TIRE INC 212663 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 AUTOZONE 212618 BMW MOTORCYCLES OF RIV... 212620 S&D CARWASH MANAGEME... 212677 POWERPLAN BF 212668 Fund: 502 - INFORMATION TECHNOLOGY ACORN TECHNOLOGY SERVI... 212612 TPX COMMUNICATIONS 212690 GOVINVEST, INC 212643 GOVINVEST, INC 212643 GOVINVEST, INC 212643 GOVINVEST, INC 212643 FISHER INTEGRATED INC 212639 FISHER INTEGRATED INC 212639 FISHER INTEGRATED INC 212639 FISHER INTEGRATED INC 212639 FISHER INTEGRATED INC 212639 FISHER INTEGRATED INC 212639 TRITON TECHNOLOGY SOLUT... 212693 RINCON CONSULTANTS, INC. 212673 1/8/2024 6:52:27 PM Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 2,972,587.22 VEHICLE WASHES Vehicle Repair & Maintenan... 501-0000-60676 PARTS & UPFITS FOR TRAILER Parts, Accessories, and Upfits 501-0000-60675 TIRES FOR BACKHOE Parts, Accessories, and Upfits 501-0000-60675 VEHICLE CRANKCASE VENT HOSE Parts, Accessories, and Upfits 501-0000-60675 ANITFREEZE FOR VEHICLE Parts, Accessories, and Upfits 501-0000-60675 DIESEL EXHAUST FLUID Parts, Accessories, and Upfits 501-0000-60675 VEHICLE ELECTRICAL WIRE CONNECTOR Parts, Accessories, and Upfits 501-0000-60675 VEHICLE BATTERY Parts, Accessories, and Upfits 501-0000-60675 VEHICLE BATTERY CORE REFUND Parts, Accessories, and Upfits 501-0000-60675 VEHICLE MAINTENANCE PARTS Parts, Accessories, and Upfits 501-0000-60675 AIR LINE INFLATOR & WASHER FLUID Parts, Accessories, and Upfits 501-0000-60675 VEHICLE HYDRAULIC FLUID Parts, Accessories, and Upfits 501-0000-60675 VEHICLE BATTERY & GAS CAN TRANSFER Parts, Accessories, and Upfits 501-0000-60675 VEHICLE BATTERY CORE REFUND Parts, Accessories, and Upfits 501-0000-60675 MOTOCYCLE REPAIRS A1245 Motorcycle Repair & Mainte... 501-0000-60679 11/2023 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenan... 501-0000-60676 WHEEL FOR BACKHOE Parts, Accessories, and Upfits 501-0000-60675 Fund 501- FACILITY & FLEET REPLACEMENT Total 12/2023 - IT SERVICES Consultants 502-0000-60104 11/23-12/22/23 - PHONE LINE SVC Telephone - Utilities 502-0000-61300 7/1-12/24/24 PENSION MODULE SUBSC... Prepaid Expense 502-0000-13600 7/1-12/27/24 - OPEB MODULE SUBSCRI... Prepaid Expense 502-0000-13600 12/28/23-6/30/24 - OPEB MODULE SUB... Software Licenses 502-0000-60301 12/28/23-6/30/24 PENSION MODULE S... Software Licenses 502-0000-60301 09/2023 - MONTHLY FEE Consultants 502-0000-60104 09/2023 CC VIDEO STREAMING Consultants 502-0000-60104 10/2023 - MONTHLY FEE Consultants 502-0000-60104 10/2023 CC VIDEO STREAMING Consultants 502-0000-60104 11/2023 - MONTHLY FEE Consultants 502-0000-60104 11/2023 CC VIDEO STREAMING Consultants 502-0000-60104 CHAMBER AV EQUIPMENT Maintenance Agreements 502-0000-60300 11/2023 -GEOGRAPHIC INFORMATION ... Software Licenses 502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total Grand Total: 470.00 541.59 1,213.75 15.17 14.13 89.13 4.12 493.35 -22.00 40.34 32.39 26.63 303.22 -22.00 434.94 839.58 561.22 5,035.56 28,919.00 3,797.91 4,000.00 4,000.00 4,000.00 4,000.00 1,100.00 600.00 1,100.00 600.00 1,100.00 600.00 638.33 8,240.25 62,695.49 5,003,693.32 Page 5 of 8 217 Demand Register Fund Summary Fund Expense Amount 101- GENERAL FUND 1,773,492.21 201- GAS TAX FUND 5,084.92 202 - LIBRARY & MUSEUM FUND 13,252.25 212 - SLESA (COPS) FUND 9,677.54 215 - LIGHTING & LANDSCAPING FUND 108,906.18 221- AB 939 - CALRECYCLE FUND 6,791.50 224 - TUMF FUND 23,170.00 226 - EMERGENCY MANAGEMENT PERFORMANCE GRAN... 200.00 235 - SO COAST AIR QUALITY FUND 2,368.95 241- HOUSING AUTHORITY 18,138.50 270 - ART IN PUBLIC PLACES FUND 2,293.00 401- CAPITAL IMPROVEMENT PROGRAMS 2,972,587.22 501- FACILITY & FLEET REPLACEMENT 5,035.56 502 - INFORMATION TECHNOLOGY 62,695.49 Grand Total: 5,003,693.32 Account Summary Account Number Account Name Expense Amount 101-0000-20303 TBID Due to VGPS 55,342.85 101-0000-20305 Due to SunLine 71.00 101-0000-20308 SMIP Fees Payable 1,991.65 101-0000-20310 MSHCP Mitigation Fee 11,100.44 101-0000-20325 Due to County Recorder 2,864.00 101-0000-20981 United Way Deductions 74.00 101-0000-20985 Garnishments Payable 445.48 101-0000-42301 Miscellaneous Revenue -4.25 101-0000-42610 SMIP Fees -99.58 101-0000-43631 CVMSHCP Admin Fee -111.00 101-0000-43635 VGPS TBID Admin Fee -2,767.14 101-1002-60103 Professional Services 757.44 101-1002-60400 Office Supplies 15.21 101-1003-60153 Attorney 66,574.86 101-1003-60154 Attorney/Litigation 28,474.51 101-1004-50252 Annual Wellness Dollar ... 200.00 101-1004-60104 Consultants/Employee 5... 975.00 101-1004-60129 Recruiting/Pre-Employm... 92.00 101-1004-60340 Employee Recognition E... 37.37 101-1006-60102 Administration 109.50 101-1006-60400 Office Supplies 86.99 101-1007-60661 Postage Machine 2,855.35 101-2001-60109 LQ Police Volunteers 413.04 101-2001-60161 Sheriff Patrol 671,820.91 101-2001-60162 Police Overtime 22,516.77 101-2001-60163 Target Team 121,118.92 101-2001-60164 Community Services Offi... 57,770.64 101-2001-60166 Gang Task Force 17,150.40 101-2001-60167 Narcotics Task Force 17,150.40 101-2001-60168 School Officer 47,909.13 101-2001-60169 Motor Officer 122,331.90 101-2001-60170 Dedicated Sargeants 47,365.66 101-2001-60171 Dedicated Lieutenant 25,496.00 101-2001-60172 Sheriff - Mileage 33,495.01 101-2001-60175 Special Enforcement Fu... 4,128.90 101-2002-60112 Landscape Contract 1,616.00 101-2002-60406 Disaster Prep Supplies 2,273.78 101-2002-60691 Maintenance/Services 550.00 101-2002-61101 Electricity - Utilities 2,032.10 101-2002-61200 Water - Utilities 114.41 101-2002-61300 Telephone - Utilities 1,809.24 1/8/2024 6:52:27 PM Packet: APPKT03671 - 12/15/2023 Page 6 of 8 218 Demand Register Account Summary Account Number Account Name Expense Amount 101-2002-61400 Cable/Internet - Utilities 199.98 101-3002-60107 Instructors 896.00 101-3002-60400 Office Supplies 231.61 101-3002-60420 Operating Supplies 1,044.95 101-3003-60149 Community Experiences 30,153.82 101-3003-60157 Rental Expense 174.00 101-3005-60112 Landscape Contract 67,311.00 101-3005-60184 Fritz Burns Pool Mainten... 6,820.90 101-3005-60400 Office Supplies 31.84 101-3005-60431 Materials/Supplies 21,516.64 101-3005-60554 LQ Park Water Feature 1,895.09 101-3005-60691 Maintenance/Services 21,657.74 101-3005-61102 Electric - Monticello Park.. 13.81 101-3005-61103 Electric - Civic Center Pa... 4,520.52 101-3005-61105 Electric - Fritz Burns Park... 1,511.79 101-3005-61106 Electric - Sports Complex... 6,064.08 101-3005-61108 Electric - Colonel Paige -... 1,543.73 101-3005-61109 Electric - Community Par... 10,563.92 101-3005-61110 Electric - Adams Park - Ut.. 53.31 101-3005-61111 Electric - Velasco Park - ... 14.00 101-3005-61113 Electric - Eisenhower Par... 19.54 101-3005-61114 Electric - Desert Pride - U.. 13.26 101-3005-61204 Water -Fritz Burns Park-... 4,176.02 101-3005-61206 Water -Desert Pride - Util.. 2,272.66 101-3005-61207 Water -Pioneer Park - Uti.. 2,957.12 101-3005-61209 Water -Community Park... 16,060.01 101-3005-61300 Telephone - Utilities 39.08 101-3007-60461 Marketing & Tourism Pr... 55,232.96 101-3008-60431 Materials/Supplies 1,080.81 101-3008-60432 Tools/Equipment 167.29 101-3008-60691 Maintenance/Services 7,577.89 101-3008-61101 Electricity - Utilities 17,283.15 101-3008-61200 Water - Utilities 1,033.55 101-6004-60103 Professional Services 4,641.43 101-6004-60120 Lot Cleaning/Gravel Prog.., 754.19 101-6004-60197 Animal Shelter Contract ... 54,671.16 101-6006-60125 Temporary Agency Servi... 3,780.00 101-7002-60103 Professional Services 17,666.00 101-7002-60183 Map/Plan Checking 18,091.00 101-7003-60420 Operating Supplies 216.97 101-7003-60432 Tools/Equipment 685.97 101-7006-60146 PM 10 - Dust Control 302.89 101-7006-60480 Contributions to Other A... 21,813.47 101-7006-60690 Uniforms 588.17 201-7003-60429 Traffic Control Signs 3,576.90 201-7003-60431 Materials/Supplies 576.70 201-7003-61101 Electricity - Utilities 931.32 202-3004-60112 Landscape Contract 930.00 202-3004-60667 HVAC 2,172.16 202-3004-61101 Electricity - Utilities 3,436.75 202-3006-60112 Landscape Contract 194.00 202-3006-60691 Maintenance/Services 4,950.00 202-3006-61101 Electricity - Utilities 1,281.73 202-3006-61200 Water - Utilities 287.61 212-0000-60179 COPS Burglary/Theft Pre... 9,677.54 215-7004-60102 Administration 3,700.01 215-7004-60112 Landscape Contract 74,798.00 215-7004-60431 Materials/Supplies 697.69 Packet: APPKT03671 - 12/15/2023 1/8/2024 6:52:27 PM Page 7 of 8 219 Demand Register Packet: APPKT03671 - 12/15/2023 Account Summary 1/8/2024 6:52:27 PM Page 8 of 8 220 Account Number Account Name Expense Amount 215-7004-60691 Maintenance/Services 100.00 215-7004-61116 Electric - Utilities 6,812.10 215-7004-61117 Electric - Medians - Utilit... 2,740.88 215-7004-61211 Water - Medians - Utiliti... 20,057.50 221-0000-60127 AB 939 Recycling Solutio... 6,791.50 224-0000-20320 TUMF Payable to CVAG 23,170.00 226-0000-60432 Tools/Equipment 200.00 235-0000-61101 Electricity - Utilities 2,368.95 241-9101-60103 Professional Services 6,300.00 241-9101-60153 Attorney 11,838.50 270-0000-60683 APP Maintenance 2,293.00 401-0000-20600 Retention Payable 0.00 401-0000-60108 Technical 22,510.60 401-0000-60185 Design 6,090.00 401-0000-60188 Construction 2,943,986.62 501-0000-60675 Parts, Accessories, and ... 3,291.04 501-0000-60676 Vehicle Repair & Maint... 1,309.58 501-0000-60679 Motorcycle Repair & Ma... 434.94 502-0000-13600 Prepaid Expense 8,000.00 502-0000-60104 Consultants 34,019.00 502-0000-60300 Maintenance Agreements 638.33 502-0000-60301 Software Licenses 16,240.25 502-0000-61300 Telephone - Utilities 3,797.91 Grand Total: 5,003,693.32 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 1,973,238.32 111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-52 1,472,966.89 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-52 0.00 201901T Technical Expense Village Art Plaza Promenade & Ci 21,217.00 202003CT Construction Expense Citywide Public Safety Camera Sy 5,812.26 202008CB Contribution Expense Avenue 48 Art and Music Line Pr( 21,813.47 202102D Design Expense Fritz Burns Park Improvements 6,090.00 202201CT Construction Expense Avenue 50 Pavement Rehab (Wa 49,452.80 202201RP Retention Payable Avenue 50 Pavement Rehab (Wa -2,472.64 202203CT Construction Expense Fred Waring Drive Pavement Reh 1,418,027.00 202203T Technical Expense Fred Waring Drive Pavement Reh 1,293.60 202216E General PW Maint - Desert Concep.. General PW Maintenance - Desei 3,500.00 202320E Cyclone Hilary FEMA Reimbursable.. Tropical Cyclone Hilary 4,950.00 202322CT Construction Expense Eisenhower Retention Basin Slop 84.09 2324TMICT Construction Expense FY23/24Traffic Maintenance Imf 116.22 CSA152E CSA 152 Expenses CSA 152 Project Tracking 17,666.00 IRONE Ironman Expense Ironman Event 3,246.88 STVRE Short Term Vacation Rental Expen... Short Term Vacation Rental Tracl 4,641.43 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 2,050.00 Grand Total: 5,003,693.32 *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. 1/8/2024 6:52:27 PM Page 8 of 8 220 City of La Quinta Demand Register Packet: APPKT03675 - 12/22/2023 Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 -GENERAL FUND M A BUILDERS 212723 OVERPAYMENT REFUND BCOM2023-00... Credit Card Fee Revenue 101-0000-43505 23.75 MCCUNE, KELLI 212726 OVERPAYMENT REFUND LIC -0004934 Over Payments, AR Policy 101-0000-20330 48.30 RIVERA, JOANNE 212733 OVERPAYMENT REFUND LIC -0111063 Over Payments, AR Policy 101-0000-20330 65.50 VINTAGE E & S INC 212747 REPLACE LED LIGHTTRIMS AT CH Maintenance/Services 101-3008-60691 844.15 VINTAGE E & S INC 212747 INSTALL FLUORESCENT BALLAST AT CH Maintenance/Services 101-3008-60691 726.57 TUVELL, TAYLOR FLOYD 212743 ICC CERTIFICATION EXAM REIMB T.TUV... Travel & Training 101-6003-60320 265.00 WISE, ASHTON 212750 2024 VISITORS MAGAZINE COVER PHO... Marketing & Tourism Promot.. 101-3007-60461 300.00 RAMOS STEAM & PRESSURE... 212732 STEAM WASH CH PILARS & MONUMENT.. Maintenance/Services 101-3008-60691 800.00 PALMS TO PINES PRINTING 212730 CITY POLO SHIRTS FOR IT & ORGANICS ... Promotional Items 101-3007-60134 983.09 PALMS TO PINES PRINTING 212730 SHOP LOCAL CANVAS TOTES Promotional Items 101-3007-60134 911.35 MCGINLEY, LAURIE 212727 12/12-12/15/23 CA LEAGUE SEMINAR R... Travel & Training 101-1005-60320 173.69 LORETT, LORI 212722 INSURANCE SETTLEMENT Life Insurance 101-1005-50224 7,500.00 SOUTHWEST AQUATICS INC 212738 12/2023 - LAKE MAINTENANCE SERVICES Civic Center Lake Maintenan... 101-3005-60117 1,350.00 SOUTHWEST AQUATICS INC 212738 12/2023 - LAKE MAINTENANCE SERVICES SilverRock Lake Maintenance 101-3005-60189 1,350.00 JOE A GONSALVES & SON 212719 01/2024 - LOBBYIST SERVICES Contract Services - Administr... 101-1002-60101 3,500.00 NBS 212728 11/2023 - ELECTRIC UTILITY FEASIBILITY ... Contingency for Operations 101-1002-60510 1,020.00 VERITAS TECHNOLOGIES LLC 212744 11/2023 - DATA BACK UP FOR LASERFIC... Professional Services 101-1005-60103 1,027.81 RAMOS STEAM & PRESSURE... 212732 STEAM WASH WC FENCE & SIDEWALK Maintenance/Services 101-3008-60691 300.00 JENSEN, SHARLA W 212718 PERSONAL TRAINING 6 SESSIONS CLASS... Instructors 101-3002-60107 1,584.00 JENSEN, SHARLA W 212718 1 DAY SESSION CLASS Instructors 101-3002-60107 48.00 JENSEN, SHARLA W 212718 PERSONAL TRAINING 3 SESSIONS CLASS... Instructors 101-3002-60107 396.00 VIELHARBER, KAREN 212746 GENTLE YOGA TUESDAY CLASS Instructors 101-3002-60107 189.00 SHIRY, TERESA 212735 BALLROOM BEGINNING CLASS Instructors 101-3002-60107 140.00 SHIRY, TERESA 212735 BALLROOM BEGINNING DI CLASSES Instructors 101-3002-60107 105.00 RUDY, LORI A 212734 ESSENTIAL FITNESS CLASS Instructors 101-3002-60107 217.00 RUDY, LORI A 212734 ESSENTIAL FITNESS DI CLASSES Instructors 101-3002-60107 159.60 WILLIAMS, BILLEE 212749 PILATES CLASS Instructors 101-3002-60107 163.80 ALLIANT INSURANCE SERVIC... 212705 12/05/23 - INSURANCE FOR CH OPEN H... Community Special Events 101-1001-60137 540.00 PYS DESERT TROPHIES & GIF... 212731 SIGNS & PLATES FOR FS #70 Fire Station 101-2002-60670 1,245.19 SMITH PIPE & SUPPLY CO 212737 IRRIGATION PARTS Materials/Supplies 101-3005-60431 1,931.62 SMITH PIPE & SUPPLY CO 212737 PVC BUSHINGS Materials/Supplies 101-3005-60431 15.39 THE SHERWIN-WILLIAMS CO. 212742 PAINT & PAINT SUPPLIES Materials/Supplies 101-3005-60431 704.65 MCCOOK SALES INC 212725 EOC WATER PIPE REPAIR Maintenance/Services 101-3008-60691 550.00 SOUTHWEST BOULDER & ST... 212739 PLAYGROUND CHIPS Materials/Supplies 101-3005-60431 4,789.27 DEPARTMENT OF JUSTICE 212712 11/2023 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 70.00 BRIGHT EVENT RENTALS, LLC 212709 12/1/23 FENCING & HEATERS FOR TREE ... Community Experiences 101-3003-60149 3,034.92 FEDEX 212714 12/6/23 - FSA NOTICES Postage 101-1007-60470 252.62 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 101-3005-60431 978.75 FRONTIER COMMUNICATIO... 212715 12/2023 - LQ PARK PHONE Telephone - Utilities 101-3005-61300 48.64 COUNTY OF RIVERSIDE PUBIL 212710 11/2023 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 136.83 HINDERLITER DE LLAMAS & ... 212716 10/1-12/31/23 -AUDIT & SALES TAX CO... Consultants 101-1006-60104 3,401.97 Fund 101 - GENERAL FUND Total: 41,891.46 Fund: 201- GAS TAX FUND ZUMAR INDUSTRIES INC 212751 STREET NAME SIGNS Traffic Control Signs 201-7003-60429 4,172.18 Fund 201 - GAS TAX FUND Total: 4,172.18 Fund: 215 - LIGHTING & LANDSCAPING FUND WILLDANFINANCIAL SERVIC... 212748 1/1-3/31/24 - L&L ADMINISTRATIVE SE Administration 215-7004-60102 3,628.14 SIGNATURE TINT 212736 NAVARRO STREET SIGN INSTALLATION Materials/Supplies 215-7004-60431 110.43 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 215-7004-60431 4,824.15 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 215-7004-60431 4,143.38 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 215-7004-60431 1,558.39 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 215-7004-60431 3,251.62 IMPERIAL IRRIGATION DIST 212717 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 512.26 1/8/2024 6:52:04 PM Page 1 of 4 221 Demand Register Packet: APPKT03675 - 12/22/2023 Vendor Name Payment Number Description (Item) Account Name Account Number Amount IMPERIAL IRRIGATION DIST 212717 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 24.68 AMERICAN TIRE DEPOT 212707 AUTOZONE Fund 215 - LIGHTING & LANDSCAPING FUND Total: 18,053.05 Fund: 221- AB 939 - CALRECYCLE FUND VEHICLE JUMPER STARTER & WIPER BL... Parts, Accessories, and Upfits 501-0000-60675 12/2023 - FLEET LEASES ALPHA MEDIA LLC 212706 10/2023 - RECYCLING RADIO ADS MIX 1... AB 939 Recycling Solutions 221-0000-60127 3,500.00 ALPHA MEDIA LLC 212706 10/2023 - RECYCLING DIGITAL ADS AB 939 Recycling Solutions 221-0000-60127 3,000.00 502-0000-61301 11/2-12/1/23 - CITY CELL SVC (5496) Cell/Mobile Phones Fund 221- AB 939 - CALRECYCLE FUND Total: 6,500.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS 12/4/23-1/3/24 - DSL SVC Cable/Internet - Utilities 502-0000-61400 T.Y. LIN INTERNATIONAL 212741 09/2023 - DUNE PALMS RD BRIDGE MA... Construction 401-0000-60188 89,884.30 T.Y. LIN INTERNATIONAL 212741 10/2023 - DUNE PALMS RD BRIDGE MA... Construction 401-0000-60188 125,014.40 ST. FRANCIS ELECTRIC, LLC 212740 11/2023 - ONCALL TRAFFIC SIGNAL MAI... Construction 401-0000-60188 1,514.00 NV5 212729 10/29-11/25/23 AVE 50/52 PAVEMENT ... Technical 401-0000-60108 4,157.50 LANDMARK CONSULTANTS, ... 212720 11/23-12/6/23 FRED WARING PAVEME... Technical 401-0000-60108 1,190.40 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 221,760.60 Fund: 501- FACILITY & FLEET REPLACEMENT VINTAGE E & S INC 212747 VINTAGE E & S INC 212747 AMERICAN TIRE DEPOT 212707 AMERICAN TIRE DEPOT 212707 AMERICAN TIRE DEPOT 212707 AMERICAN TIRE DEPOT 212707 AUTOZONE 212708 ENTERPRISE FM TRUST 212713 Fund: 502 - INFORMATION TECHNOLOGY DELL MARKETING LP 212711 VERIZON WIRELESS 212745 VERIZON WIRELESS 212745 VERIZON WIRELESS 212745 FRONTIER COMMUNICATIO... 212715 FRONTIER COMMUNICATIO... 212715 Fund: 601- SILVERROCK RESORT LANDMARK GOLF MANAGE... 212721 1/8/2024 6:52:04 PM REPLACED OLD TOWN PARKING LOT EV ... City Bldg Repl/Repair 501-0000-71103 REPLACED CH PARKING LOT EV CHARGER City Bldg Repl/Repair 501-0000-71103 22 CHEVY COLORADO FLATTIRE REPAIR... Vehicle Repair & Maintenan... 501-0000-60676 TIRES FOR TRAILER Parts, Accessories, and Upfits 501-0000-60675 TIRES FOR 22 CHEVY SILVERADO VIN F1... Vehicle Repair & Maintenan... 501-0000-60676 OIL CHANGE FOR 15 FORD EXPLORER VI... Vehicle Repair & Maintenan... 501-0000-60676 VEHICLE JUMPER STARTER & WIPER BL... Parts, Accessories, and Upfits 501-0000-60675 12/2023 - FLEET LEASES Vehicles, Rentals & Leases 501-0000-71030 Fund 501- FACILITY & FLEET REPLACEMENT Total NASPO EQUIPMENT Machinery & Equipment 502-0000-80100 11/2-12/1/23 - BACKUP SERVER (2183) Cable/Internet - Utilities 502-0000-61400 11/2-12/1/23 - CITY IPADS (5587) Cell/Mobile Phones 502-0000-61301 11/2-12/1/23 - CITY CELL SVC (5496) Cell/Mobile Phones 502-0000-61301 12/3/23-1/2/24 - 2ND CITY INTERNET LI... Cable/Internet - Utilities 502-0000-61400 12/4/23-1/3/24 - DSL SVC Cable/Internet - Utilities 502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total REFUND OCT & NOV FOOD & BEVERAGE... Due to Other Agencies 601-0000-20300 Fund 601- SILVERROCK RESORT Total: Grand Total 1,436.41 1,928.82 308.88 548.40 414.99 119.88 370.99 3,136.22 8,264.59 4,921.38 66.17 1,273.95 3,321.74 2,633.10 436.95 12,653.29 2,109.67 2,109.67 315,404.84 Page 2 of 4 222 Demand Register Fund Summary Fund 101 -GENERAL FUND 201- GAS TAX FUND 215 - LIGHTING & LANDSCAPING FUND 221- AB 939 - CALRECYCLE FUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 601- SILVERROCK RESORT Account Number 101-0000-20330 101-0000-43505 101-1001-60137 101-1002-60101 101-1002-60510 101-1005-50224 101-1005-60103 101-1005-60320 101-1006-60104 101-1007-60470 101-2001-60174 101-2001-60420 101-2002-60670 101-3002-60107 101-3003-60149 101-3005-60117 101-3005-60189 101-3005-60431 101-3005-61300 101-3007-60134 101-3007-60461 101-3008-60691 101-6003-60320 201-7003-60429 215-7004-60102 215-7004-60431 215-7004-61116 215-7004-61117 221-0000-60127 401-0000-60108 401-0000-60188 501-0000-60675 501-0000-60676 501-0000-71030 501-0000-71103 502-0000-61301 502-0000-61400 502-0000-80100 601-0000-20300 Project Account Key **None** 111205CT 202201T 1/8/2024 6:52:04 PM Grand Total: Account Summary Account Name Over Payments, AR Policy Credit Card Fee Revenue Community Special Even... Contract Services - Admi... Contingency for Operati... Life Insurance Professional Services Travel & Training Consultants Postage Blood/Alcohol Testing Operating Supplies Fire Station Instructors Community Experiences Civic Center Lake Maint... SilverRock Lake Mainten... Materials/Supplies Telephone - Utilities Promotional Items Marketing & Tourism Pr... Maintenance/Services Travel & Training Traffic Control Signs Administration Materials/Supplies Electric - Utilities Electric - Medians - Utilit... AB 939 Recycling Solutio... Technical Construction Parts, Accessories, and ... Vehicle Repair & Maint... Vehicles, Rentals & Leas... City Bldg Repl/Repair Cell/Mobile Phones Cable/Internet - Utilities Machinery & Equipment Due to Other Agencies Grand Total: Project Account Summary Project Account Name **None** Construction Expense Technical Expense Expense Amount 41,891.46 4,172.18 18,053.05 6,500.00 221,760.60 8,264.59 12,653.29 2,109.67 315,404.84 Expense Amount 113.80 23.75 540.00 3,500.00 1,020.00 7,500.00 1,027.81 173.69 3,401.97 252.62 70.00 136.83 1,245.19 3,002.40 3,034.92 1,350.00 1,350.00 8,419.68 48.64 1,894.44 300.00 3,220.72 265.00 4,172.18 3,628.14 13,887.97 512.26 24.68 6,500.00 5,347.90 216,412.70 919.39 843.75 3,136.22 3,365.23 4,595.69 3,136.22 4,921.38 2,109.67 315,404.84 Project Name **None** Dune Palms Bridge Imp/BRLKS-5z Avenue 50 Pavement Rehab (Wa Packet: APPKT03675 - 12/22/2023 Expense Amount 90,609.32 214,898.70 4,157.50 Page 3 of 4 223 Demand Register Packet: APPKT03675 - 12/22/2023 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount 202203T Technical Expense Fred Waring Drive Pavement Reh 1,190.40 2324TMICT Construction Expense FY23/24Traffic Maintenance Imr 1,514.00 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 3,034.92 Grand Total: 315,404.84 *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. 1/8/2024 6:52:04 PM Page 4 of 4 224 Demand Register City of La Quinta Packet: APPKT03684 - 01/05/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND FRANCHISE TAX BOARD 212768 GARNISHMENT Garnishments Payable 101-0000-20985 222.74 UNITED WAY OF THE DESERT 212791 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 WILLDAN 212794 11/2023 - ONCALL TRAFFIC ENGINEERI... Contract Traffic Engineer 101-7006-60144 140.00 VINTAGE E & S INC 212793 YEARLY SPORTS COMPLEX/LQ PARK LIG... Maintenance/Services 101-3005-60691 4,728.50 GARDAWORLD 212770 12/2023 - ARMORED SERVICES Professional Services 101-1006-60103 303.30 PALMS TO PINES PRINTING 212780 CITY PENCIL CASES Promotional Items 101-3007-60134 1,214.84 STATE OF RHODE ISLAND DIV... 212786 SIT SIT Payable 101-0000-20925 29.47 SPARKLETTS 212785 11/1/23 & 11/15/23 - DRINKING WATER Operating Supplies 101-7003-60420 249.80 SPARKLETTS 212785 11/29/23 & 12/13/23 - DRINKING WATER Operating Supplies 101-7003-60420 204.72 DECKARD TECHNOLOGIES, I... 212764 01/2024 - RENTALSCAPE Professional Services 101-1005-60103 3,750.00 OMEGA INDUSTRIAL SUPPLY, .. 212778 GRAFFITI REMOVAL SUPPLIES Supplies -Graffiti and Vandali... 101-3005-60423 1,060.54 SPARKLETTS 212784 11/26/23 - CITYWIDE DRINKING WATER Citywide Supplies 101-1007-60403 238.33 DATA TICKET, INC. 212763 11/2023 - POLICE CITATION PROCESSING Administrative Citation Servi... 101-6004-60111 150.00 DATA TICKET, INC. 212763 11/2023 - CODE CITATION PROCESSING Administrative Citation Servi... 101-6004-60111 200.00 CAPITAL ONE 212759 SHOP WITH A COP EVENT Special Enforcement Funds 101-2001-60175 1,773.26 DUNN-EDWARDS CORPORAT... 212766 PAINT & PAINT SUPPLIES Materials/Supplies 101-3008-60431 55.49 ANSAFONE CONTACT CENTE... 212754 12/2023 - PM 10 ANSWERING SERVICE PM 10 - Dust Control 101-7006-60146 160.39 ALL PRO BEVERAGE INC 212752 LOBBY COFFEE SUPPLIES Citywide Supplies 101-1007-60403 637.98 APWA 212755 APWA MEMBERSHIP DUES Membership Dues 101-7006-60351 1,737.75 THE SHERWIN-WILLIAMS CO. 212788 PAINT Materials/Supplies 101-3005-60431 138.85 LH PRODUCTIONS 212774 12/1/23 - AV SERVICE FRO TREE LIGHTI... Community Experiences 101-3003-60149 7,301.56 THE CHAMBER 212787 01/2024 - GEM PUBLICATION Marketing & Tourism Promot.. 101-3007-60461 14,465.75 BIO-TOX LABORATORIES 212756 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 978.45 BIO-TOX LABORATORIES 212756 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 260.00 RASA/ERIC NELSON 212782 FPM 2023-1001 ONCALL MAP CHECKING.. Map/Plan Checking 101-7002-60183 1,885.00 RASA/ERIC NELSON 212782 LLA 2023-1001 ONCALL MAP CHECKING ... Map/Plan Checking 101-7002-60183 780.00 MERCHANTS BUILDING MAI... 212776 11/2023 -JANITORIAL SERVICES Janitorial 101-3008-60115 15,947.62 HIGH TECH IRRIGATION INC 212771 IRRIGATION PARTS Materials/Supplies 101-3005-60431 534.47 HIGH TECH IRRIGATION INC 212771 SMALLTOOLS Tools/Equipment 101-7003-60432 88.60 HIGH TECH IRRIGATION INC 212771 IRRIGATION PARTS Materials/Supplies 101-3005-60431 103.58 AMERICAN FORENSIC NURSE... 212753 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 370.71 AMERICAN FORENSIC NURSE... 212753 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 350.00 RUTAN & TUCKER 134 12/2023 - RETAINER Attorney 101-1003-60153 13,200.00 IMPERIAL IRRIGATION DIST 212772 ELECTRICITY SERVICE Electricity - Utilities 101-2002-61101 764.09 IMPERIAL IRRIGATION DIST 212772 ELECTRICITY SERVICE Electric - Civic Center Park - U.. 101-3005-61103 5,230.76 IMPERIAL IRRIGATION DIST 212772 ELECTRICITY SERVICE Electric - Fritz Burns Park - Uti.. 101-3005-61105 376.22 IMPERIAL IRRIGATION DIST 212772 ELECTRICITY SERVICE Electricity - Utilities 101-3008-61101 15,859.29 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water - Utilities 101-2002-61200 546.58 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Monticello Park - Utili... 101-3005-61201 1,789.44 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Fritz Burns Park - Utili... 101-3005-61204 260.34 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Seasons Park - Utilities 101-3005-61208 29.10 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Community Park - Util.. 101-3005-61209 242.85 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water - Utilities 101-3008-61200 68.03 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water - Civic Center Park - Uti- 101-3005-61202 9,794.06 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 1,486.02 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Community Park - Util.. 101-3005-61209 6,587.99 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE PM 10 - Dust Control 101-7006-60146 147.14 EIDE BAILLY LLP 212767 FY 22/23 ACFR AUDIT Auditors 101-1006-60106 23,300.00 PACIFIC WEST AIR CONDITIO... 212779 12/2023 - CH WATER TREATMENT HVAC 101-3008-60667 125.00 PETRA-1, LP 212781 WC GYM WIPES 4 CASES Operating Supplies 101-3002-60420 656.51 RIVERSIDE ASSESSOR 212783 11/2023 - RECORDING FEES Technical 101-6004-60108 20.00 OCEAN SPRINGS TECH INC 212777 11/2023 - SPLASH PAD MONTHLY MAIN... LQ Park Water Feature 101-3005-60554 943.00 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE PM 10 - Dust Control 101-7006-60146 42.39 1/8/2024 6:51:41 PM Page 1 of 5 225 Demand Register Packet: APPKT03684 - 01/05/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water - Utilities 101-2002-61200 221.22 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Eisenhower Park - Util.. 101-3005-61203 191.94 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Fritz Burns Park - Utili... 101-3005-61204 2,269.62 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water -Velasco Park - Utilities 101-3005-61205 116.40 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water - Utilities 101-3008-61200 651.32 Fund: 503 - PARK EQUIP & FACILITY FUND Fund 101- GENERAL FUND Total: 145,018.01 Fund: 201- GAS TAX FUND LQ PARK SPLASH PAD RENOVATION RET... Retention Payable 503-0000-20600 37,793.15 TOPS' N BARRICADES INC 212789 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 168.89 UNDERGROUND SERVICE AL... 212790 1/1/24 - DIG ALERT SERVICES Materials/Supplies 201-7003-60431 46.75 IMPERIAL IRRIGATION DIST 212772 ELECTRICTY SERVICE Electricity - Utilities 201-7003-61101 815.82 10/2023 - SRR ARMORED SVCS EXCESS ... Bank Fees 601-0000-60455 Fund 201- GAS TAX FUND Total: 1,031.46 Fund: 202 - LIBRARY & MUSEUM FUND 11/2023 SRR ARMORED SVC EXCESS IT... Bank Fees 601-0000-60455 28.08 MERCHANTS BUILDING MAI... 212776 11/2023 -JANITORIAL SERVICES Janitorial 202-3004-60115 3,264.32 MERCHANTS BUILDING MAI... 212776 11/2023 -JANITORIAL SERVICES Janitorial 202-3006-60115 989.54 FRONTIER COMMUNICATIO... 212769 12/13/23-1/12/24 - MUSEUM PHONE Telephone - Utilities 202-3006-61300 125.88 PACIFIC WEST AIR CONDITIO... 212779 12/2023 - LIBRARY WATER TREATMENT HVAC 202-3004-60667 125.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 4,504.74 Fund: 215 - LIGHTING & LANDSCAPING FUND VINTAGE E & S INC 212793 12/6/23 - LA FONDA LIGHTING MAINTE... Maintenance/Services 215-7004-60691 506.49 LANDMARK GOLF MANAGE... 212773 11/2023 - SRR PERIMETER LANDSCAPE ... SilverRock Way Landscape 215-7004-60143 5,278.00 LANDMARK GOLF MANAGE... 212773 12/2023 - SRR PERIMETER LANDSCAPE ... SilverRock Way Landscape 215-7004-60143 5,278.00 DESERT CONCEPTS CONSTR... 212765 DESERT CLUB LAMP POSTS ELECTRICAL ... Maintenance/Services 215-7004-60691 1,600.00 HIGH TECH IRRIGATION INC 212771 IRRIGATION PARTS & SUPPLIES Materials/Supplies 215-7004-60431 316.85 MACIAS NURSERY, INC. 212775 PLANTS Materials/Supplies 215-7004-60431 3,064.03 IMPERIAL IRRIGATION DIST 212772 ELECTRICTY SERVICE Electric - Utilities 215-7004-61116 2,450.09 IMPERIAL IRRIGATION DIST 212772 ELECTRICTY SERVICE Electric - Medians - Utilities 215-7004-61117 1,027.05 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water - Medians - Utilities 215-7004-61211 2,460.94 COACHELLA VALLEY WATER D.. 212762 WATER SERVICE Water - Medians - Utilities 215-7004-61211 15,567.87 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 37,549.32 Fund: 235 - SO COAST AIR QUALITY FUND COACHELLA VALLEY ASSOC 0... 212761 7/1-9/30/23 -VEHICLE REGISTRATION ... CVAG 235-0000-60186 10,129.60 IMPERIAL IRRIGATION DIST 212772 ELECTRICTY SERVICE Electricity - Utilities 235-0000-61101 2,567.43 Fund 235 - SO COAST AIR QUALITY FUND Total: 12,697.03 Fund: 241- HOUSING AUTHORITY CAHA, BECKY 212757 RIVERSIDE ASSESSOR 212783 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS URBAN HABITAT 212792 12/2023 - HOUSING CONSULTANT SERV... Professional Services 241-9101-60103 5,625.00 11/2023 - RECORDING FEES Professional Services 241-9101-60103 63.00 Fund 241- HOUSING AUTHORITY Total: 5,688.00 LQ LANDSCAPE RENOVATION MAINT PA... Construction 401-0000-60188 14,158.77 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 14,158.77 Fund: 502 - INFORMATION TECHNOLOGY CDW GOVERNMENT INC 212760 DOCKING STATIONS FOR IT STOCK Machinery & Equipment 502-0000-80100 292.09 CDW GOVERNMENT INC 212760 LAPTOPS FOR IT STOCK Computers 502-0000-80103 5,291.08 CDW GOVERNMENT INC 212760 LAPTOP FOR IT STOCK Computers 502-0000-80103 2,901.86 CDW GOVERNMENT INC 212760 LAPTOPS FOR IT STOCK Computers 502-0000-80103 83,878.26 CDW GOVERNMENT INC 212760 CRYSTAL REPORT PROGRAM FOR M.GO... Software Licenses 502-0000-60301 407.14 Fund 502 - INFORMATION TECHNOLOGY Total: 92,770.43 Fund: 503 - PARK EQUIP & FACILITY FUND CALIFORNIA COMMERCIAL P... 212758 LQ PARK SPLASH PAD RENOVATION RET... Retention Payable 503-0000-20600 37,793.15 Fund 503 - PARK EQUIP & FACILITY FUND Total: 37,793.15 Fund: 601- SILVERROCK RESORT GARDAWORLD 212770 12/2023 - SRR ARMORED SERVICES Bank Fees 601-0000-60455 741.97 GARDAWORLD 212770 10/2023 - SRR ARMORED SVCS EXCESS ... Bank Fees 601-0000-60455 3.64 GARDAWORLD 212770 11/2023 SRR ARMORED SVC EXCESS IT... Bank Fees 601-0000-60455 28.08 GARDAWORLD 212770 10/2023 - SRR ARMORED SVC TIER PRIG.. Bank Fees 601-0000-60455 89.15 1/8/2024 6:51:41 PM Page 2 of 5 226 Demand Register Vendor Name Payment Number Description (Item) Account Name GARDAWORLD 212770 11/2023 - SRR ARMORED SVC TIER PRIG.. Bank Fees 1/8/2024 6:51:41 PM Packet: APPKT03684 - 01/05/2024 JB Account Number Amount 601-0000-60455 173.74 Fund 601 - SILVERROCK RESORT Total: 1,036.58 Grand Total: 352,247.49 Page 3 of 5 227 Demand Register Fund Summary Fund 101 -GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 215 - LIGHTING & LANDSCAPING FUND 235 - SO COAST AIR QUALITY FUND 241- HOUSING AUTHORITY 401- CAPITAL IMPROVEMENT PROGRAMS 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FUND 601- SILVERROCK RESORT Account Number 101-0000-20925 101-0000-20981 101-0000-20985 101-1003-60153 101-1005-60103 101-1006-60103 101-1006-60106 101-1007-60403 101-2001-60174 101-2001-60175 101-2002-61101 101-2002-61200 101-3002-60420 101-3003-60149 101-3005-60423 101-3005-60431 101-3005-60554 101-3005-60691 101-3005-61103 101-3005-61105 101-3005-61201 101-3005-61202 101-3005-61203 101-3005-61204 101-3005-61205 101-3005-61207 101-3005-61208 101-3005-61209 101-3007-60134 101-3007-60461 101-3008-60115 101-3008-60431 101-3008-60667 101-3008-61101 101-3008-61200 101-6004-60108 101-6004-60111 101-7002-60183 101-7003-60420 101-7003-60432 101-7006-60144 101-7006-60146 101-7006-60351 201-7003-60429 201-7003-60431 Grand Total: Account Summary Account Name SIT Payable United Way Deductions Garnishments Payable Attorney Professional Services Professional Services Auditors Citywide Supplies Blood/Alcohol Testing Special Enforcement Fu... Electricity - Utilities Water - Utilities Operating Supplies Community Experiences Supplies -Graffiti and Va... Materials/Supplies LQ Park Water Feature Maintenance/Services Electric - Civic Center Pa... Electric - Fritz Burns Park... Water -Monticello Park -... Water - Civic Center Park.. Water -Eisenhower Park ... Water -Fritz Burns Park-... Water -Velasco Park - Uti.. Water -Pioneer Park - Uti.. Water -Seasons Park - Ut.. Water -Community Park ... Promotional Items Marketing & Tourism Pr... Janitorial Materials/Supplies HVAC Electricity - Utilities Water - Utilities Technical Administrative Citation ... Map/Plan Checking Operating Supplies Tools/Equipment Contract Traffic Engineer PM 10 - Dust Control Membership Dues Traffic Control Signs Materials/Supplies Expense Amount 145,018.01 1,031.46 4,504.74 37,549.32 12,697.03 5,688.00 14,158.77 92,770.43 37,793.15 1,036.58 352,247.49 Expense Amount 29.47 37.00 222.74 13,200.00 3,750.00 303.30 23,300.00 876.31 1,959.16 1,773.26 764.09 767.80 656.51 7,301.56 1,060.54 776.90 943.00 4,728.50 5,230.76 376.22 1,789.44 9,794.06 191.94 2,529.96 116.40 1,486.02 29.10 6,830.84 1,214.84 14,465.75 15,947.62 55.49 125.00 15,859.29 719.35 20.00 350.00 2,665.00 454.52 88.60 140.00 349.92 1,737.75 168.89 46.75 Packet: APPKT03684 - 01/05/2024 JB 1/8/2024 6:51:41 PM Page 4 of 5 228 Demand Register Packet: APPKT03684 - 01/05/2024 JB Account Summary *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. 1/8/2024 6:51:41 PM Page 5 of 5 229 Account Number Account Name Expense Amount 201-7003-61101 Electricity - Utilities 815.82 202-3004-60115 Janitorial 3,264.32 202-3004-60667 HVAC 125.00 202-3006-60115 Janitorial 989.54 202-3006-61300 Telephone - Utilities 125.88 215-7004-60143 SilverRock Way Landsca... 10,556.00 215-7004-60431 Materials/Supplies 3,380.88 215-7004-60691 Maintenance/Services 2,106.49 215-7004-61116 Electric - Utilities 2,450.09 215-7004-61117 Electric - Medians - Utilit... 1,027.05 215-7004-61211 Water - Medians - Utiliti... 18,028.81 235-0000-60186 CVAG 10,129.60 235-0000-61101 Electricity - Utilities 2,567.43 241-9101-60103 Professional Services 5,688.00 401-0000-60188 Construction 14,158.77 502-0000-60301 Software Licenses 407.14 502-0000-80100 Machinery & Equipment 292.09 502-0000-80103 Computers 92,071.20 503-0000-20600 Retention Payable 37,793.15 601-0000-60455 Bank Fees 1,036.58 Grand Total: 352,247.49 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 287,644.01 201603CT Construction Expense La Quinta Landscape Renovation 14,158.77 202216E General PW Maint - Desert Concep.. General PW Maintenance - Desei 1,600.00 202219RP Retention Payable La Quinta Splash Pad Renovation 37,793.15 STVRE Short Term Vacation Rental Expen... Short Term Vacation Rental Tracl 3,750.00 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 7,301.56 Grand Total: 352,247.49 *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. 1/8/2024 6:51:41 PM Page 5 of 5 229 ATTACHMENT 2 City of La Quinta Bank Transactions 12/11/2023-1/5/2024 Wire Transaction Listed below are the wire transfers from 12/11/2023-1/5/2024 Wire Transfers: 12/11/2023 - WIRE TRANSFER - MIDAMERICA $16,208.68 12/12/2023 - WIRE TRANSFER - AMERITAS $89.96 12/12/2023 - WIRE TRANSFER - AMERITAS $207.48 12/12/2023 - WIRE TRANSFER - STERLING $1,460.39 12/12/2023 - WIRE TRANSFER - AMERITAS $2,006.76 12/12/2023 - WIRE TRANSFER - AMERITAS $6,185.24 12/15/2023 - WIRE TRANSFER - COLONIAL LIFE $8,374.02 12/18/2023 - WIRE TRANSFER- STANDARD OF OREGON $1,511.32 12/19/2023 - WIRE TRANSFER - LANDMARK $249,848.40 12/19/2023 - WIRE TRANSFER - J&H ASSET PROPERTY MANAGEMENT $40,521.48 12/22/2023 - WIRE TRANSFER - CALPERS $5,687.27 12/22/2023 - WIRE TRANSFER - CALPERS $16,804.53 12/22/2023 - WIRE TRANSFER - CALPERS $29,240.98 12/22/2023 - WIRE TRANSFER - LQCEA $441.00 12/22/2023 - WIRE TRANSFER - MISSION SQUARE $27,045.15 12/22/2023 - WIRE TRANSFER - MISSION SQUARE $34,025.00 12/26/2023 - WIRE TRANSFER - AMERITAS $6,138.72 12/28/2023 - WIRE TRANSFER - STERLING $1,460.39 01/03/2024 - WIRE TRANSFER- LANDMARK $190,410.70 01/05/2024 - WIRE TRANSFER - CALPERS $5,107.80 01/05/2024 - WIRE TRANSFER - CALPERS $5,889.85 01/05/2024 - WIRE TRANSFER - CALPERS $15,695.16 01/05/2024 - WIRE TRANSFER - CALPERS $28,841.42 01/05/2024 - WIRE TRANSFER - CALPERS $148,729.45 01/05/2024 - WIRE TRANSFER - LQCEA $441.00 01/05/2024 - WIRE TRANSFER- MISSION SQUARE $3,975.00 01/05/2024 - WIRE TRANSFER - MISSION SQUARE $10,128.19 TOTAL WIRE TRANSFERS OUT $856,475.34 230 CONSENT CALENDAR ITEM NO. 13 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED OCTOBER 6, NOVEMBER 10, AND DECEMBER 8, 2023 RECOMMENDATION Approve demand registers for Southern California Gas Company dated October 6, November 10, and December 8, 2023. EXECUTIVE SUMMARY — None FISCAL IMPACT Demand of Cash: City Successor Agency of RDA Housing Authority BACKGROUND/ANALYSIS $ 1,490.00 $ 1,490.00 Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for Southern California Gas Company dated October 6, November 10, and December 8, 2023. Warrants Issued: 212109 $ 659.87 212405 $ 382.43 212610 $ 447.70 $ 1,490.00 Prepared by: Jesse Batres, Finance Technician Approved by: Rosemary Hallick, Principal Management Analyst Attachment: 1. Demand Registers 231 City of La Quints ATTACHMENT 1 Demand Register Packet: APPKT03616 - 10/06/2023 SOCAL GAS Vendor Name Payment Number Description (Item) Account Name Account Number Fund: 101 -GENERAL FUND THE GAS COMPANY 212109 FY 22/23 R/C WC GAS SVC TO 101-3008... Gas - Utilities 101-2002-61100 THE GAS COMPANY 212109 FY 22/23 R/C SWEEPER FUEL TO 501-00... Gas - Utilities 101-3008-61100 THE GAS COMPANY 212109 FY 22/23 R/C WC GAS SVC FR 101-2002-... Gas - Utilities 101-3008-61100 THE GAS COMPANY 212109 08/18/-09/29/23 - FS #32 GAS SVC Gas - Utilities 101-2002-61100 THE GAS COMPANY 212109 08/18-09/19/23 - CH GAS SVC Gas - Utilities 101-3008-61100 THE GAS COMPANY 212109 08/18-09/19/23 - FB POOL GAS SVC Gas -Utilities FB Pool 101-3005-61100 THE GAS COMPANY 212109 09/08/23 - REPLACED OLD GAS LINES F... Maintenance/Services 101-3008-60691 THE GAS COMPANY 212109 08/18-09/19/23 - WC GAS SVC Gas - Utilities 101-3008-61100 THE GAS COMPANY 212109 08/25-09/27/23 - FS #93 GAS SVCS Gas - Utilities 101-2002-61100 Fund 101- GENERAL FUND Total: Fund: 202 - LIBRARY & MUSEUM FUND THE GAS COMPANY 212109 08/18-09/19/23 - LIBRARY GAS SVC Gas - Utilities 202-3004-61100 Fund 202 - LIBRARY & MUSEUM FUND Total: Fund: 501- FACILITY & FLEET REPLACEMENT THE GAS COMPANY 212109 08/2023 - SWEEPER FUEL Street Sweeper 501-0000-60678 THE GAS COMPANY 212109 FY 22/23 R/C SWEEPER FUEL FR 101-30... Street Sweeper 501-0000-60678 Fund 501- FACILITY & FLEET REPLACEMENT Total: Grand Total: 1/9/2024 11:07:25 AM Amount -535.05 -13.00 535.05 36.63 57.46 15.78 259.43 147.77 26.09 13.00 39.09 659.87 Page 1 of 2 232 Demand Register Packet: APPKT03616 -10/06/2023 SOCAL GAS Expense Amount 620.78 39.09 *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. 1/9/2024 11:07:25 AM Page 2 of 2 233 Fund Summary Fund Expense Amount 101- GENERAL FUND 603.27 202 - LIBRARY & MUSEUM FUND 17.51 501- FACILITY & FLEET REPLACEMENT 39.09 Grand Total: 659.87 Account Summary Account Number Account Name Expense Amount 101-2002-61100 Gas - Utilities -399.22 101-3005-61100 Gas -Utilities FB Pool 15.78 101-3008-60691 Maintenance/Services 259.43 101-3008-61100 Gas - Utilities 727.28 202-3004-61100 Gas - Utilities 17.51 501-0000-60678 Street Sweeper 39.09 Grand Total: 659.87 Project Account Summary Project Account Key Project Account Name Project Name **None** **None** **None** CSA152E CSA 152 Expenses CSA 152 Project Tracking Grand Total: 659.87 Packet: APPKT03616 -10/06/2023 SOCAL GAS Expense Amount 620.78 39.09 *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. 1/9/2024 11:07:25 AM Page 2 of 2 233 City of La Quints Vendor Name Payment Number Description (Item) Fund: 101 -GENERAL FUND Account Number Amount THE GAS COMPANY 212405 09/19-10/19/23 - FS #32 GAS SVC THE GAS COMPANY 212405 09/19-10/19/23 - CH GAS SVC THE GAS COMPANY 212405 09/19-10/19/23 - FB POOL GAS SVC THE GAS COMPANY 212405 09/19-10/19/23 - WC GAS SVC THE GAS COMPANY 212405 09/27-10/26/23 - FS #93 GAS SVC Fund: 202 - LIBRARY & MUSEUM FUND Fund 101- GENERAL FUND Total: THE GAS COMPANY 212405 09/19-10/19/23 - LIBRARY GAS SVC Fund: 501- FACILITY & FLEET REPLACEMENT 14.79 THE GAS COMPANY 212405 10/2023 - SWEEPER FUEL THE GAS COMPANY 212405 09/2023 - SWEEPER FUEL Demand Register Packet: APPKT03641 - 11/10/2023 SOCAL GAS Account Name Account Number Amount Gas - Utilities 101-2002-61100 36.00 Gas - Utilities 101-3008-61100 32.73 Gas -Utilities FB Pool 101-3005-61100 44.14 Gas - Utilities 101-3008-61100 142.02 Gas - Utilities 101-2002-61100 86.48 Fund 101- GENERAL FUND Total: 341.37 Gas - Utilities 202-3004-61100 14.79 Fund 202 - LIBRARY & MUSEUM FUND Total: 14.79 Street Sweeper 501-0000-60678 13.27 Street Sweeper 501-0000-60678 13.00 Fund 501- FACILITY & FLEET REPLACEMENT Total: 26.27 Grand Total: 382.43 1/9/2024 11:10:31 AM Page 1 of 2 234 Demand Register Packet: APPKT03641 - 11/10/2023 SOCAL GAS Fund Summary Fund Expense Amount 101- GENERAL FUND 341.37 202 - LIBRARY & MUSEUM FUND 14.79 501- FACILITY & FLEET REPLACEMENT 26.27 Grand Total: 382.43 Account Summary Account Number Account Name Expense Amount 101-2002-61100 Gas - Utilities 122.48 101-3005-61100 Gas -Utilities FB Pool 44.14 101-3008-61100 Gas - Utilities 174.75 202-3004-61100 Gas - Utilities 14.79 501-0000-60678 Street Sweeper 26.27 Grand Total: 382.43 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 356.16 CSA152E CSA 152 Expenses CSA 152 Project Tracking 26.27 Grand Total: 382.43 *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. 1/9/2024 11:10:31 AM Page 2 of 2 235 City of La Quints Vendor Name Payment Number Description (Item) Fund: 101 -GENERAL FUND Account Number Amount THE GAS COMPANY 212610 10/19-11/20/23 - FS #32 GAS SVC THE GAS COMPANY 212610 10/19-11/20/23 - CH GAS SVC THE GAS COMPANY 212610 10/19-11/20/23 - FB POOL GAS SVC THE GAS COMPANY 212610 10/19-11/20/23 - WC GAS SVC THE GAS COMPANY 212610 10/26-11/28/23 - FS #93 GAS SVC Fund: 202 - LIBRARY & MUSEUM FUND Fund 101- GENERAL FUND Total: THE GAS COMPANY 212610 10/19-11/20/23 - LIBRARY GAS SVC Fund: 501- FACILITY & FLEET REPLACEMENT 15.88 THE GAS COMPANY 212610 11/2023 - SWEEPER FUEL Demand Register Packet: APPKT03666 - 12/08/2023 SOCAL GAS Account Name Account Number Amount Gas - Utilities 101-2002-61100 55.10 Gas - Utilities 101-3008-61100 28.44 Gas -Utilities FB Pool 101-3005-61100 16.09 Gas - Utilities 101-3008-61100 196.14 Gas - Utilities 101-2002-61100 123.05 Fund 101- GENERAL FUND Total: 418.82 Gas - Utilities 202-3004-61100 15.88 Fund 202 - LIBRARY & MUSEUM FUND Total: 15.88 Street Sweeper 501-0000-60678 13.00 Fund 501- FACILITY & FLEET REPLACEMENT Total: 13.00 Grand Total: 447.70 1/9/2024 11:10:53 AM Page 1 of 2 236 Demand Register Packet: APPKT03666 -12/08/2023 SOCAL GAS Fund Summary Fund Expense Amount 101 -GENERAL FUND 418.82 202 - LIBRARY & MUSEUM FUND 15.88 501- FACILITY & FLEET REPLACEMENT 13.00 Grand Total: 447.70 Account Summary Account Number Account Name Expense Amount 101-2002-61100 Gas - Utilities 178.15 101-3005-61100 Gas -Utilities FB Pool 16.09 101-3008-61100 Gas - Utilities 224.58 202-3004-61100 Gas - Utilities 15.88 501-0000-60678 Street Sweeper 13.00 Grand Total: 447.70 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 434.70 CSA152E CSA 152 Expenses CSA 152 Project Tracking 13.00 Grand Total: 447.70 *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. 1/9/2024 11:10:53 AM Page 2 of 2 237 238 STUDY SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: ,January 16, 2024 STAFF REPORT AGENDA DISCUSS COST -SHARE OPTIONS FOR ELECTRICAL SUBSTATION UPGRADES RECOMMENDATION Discuss cost -share options for electrical substation upgrades. EXECUTIVE SUMMARY • Imperial Irrigation District (IID) power distribution substations in La Quinta are nearing or have reached capacity and need to be expanded or upgraded for both existing customers and for new development. • When there isn't enough electricity for new development projects, IID is requiring developers to pay for electrical substation upgrades at an estimated cost of $20 million per 50 megavolt ampere (MVA) upgrade. • Staff has identified the following solutions for Council consideration: 1. Develop a cost -share system between developers, IID, and the City, once the City's participation threshold is determined; and 2. Develop a reimbursement mechanism from future development to cover capacity requirements. FISCAL IMPHV i — Undetermined at this point. BACKGROUND/ANALYSIS In February 1934, the Coachella Valley Water District (CVWD) and IID entered into a 99 - year Agreement of Compromise (Agreement) making IID the electrical service provider for the Eastern Coachella Valley. That Agreement expires on December 31, 2032. IID has not planned for the growing needs of the Coachella Valley, which makes up more than 60% of IID's energy ratepayers. For a project to be built, a developer must receive a "Will Serve" letter from IID that states there is enough power from the associated substation to serve additional new ratepayers/customers. 239 IID's current policy is to not pay for growth, but for growth and development to pay for itself. Four of five substations in the City of La Quinta currently need expansions or bank upgrades to meet the demands of existing customers and for new development to move forward. The focus of this study session is to explore opportunities for developers and the City to work together with IID to create a cost-sharing agreement that would expand substation capacity. Understanding that a standard 50 MVA upgrade at an existing substation has the capacity to serve roughly 3,000 homes, costs approximately $20 million and takes 2 to 3 years to construct given lead times on critical components, it is vitally important for all stakeholders to participate. The City working closely with IID has brought together about 10-12 various developers who are dependent on the expansion of the Avenue 58 substation for the viability of their respective projects. Initial estimates show that if all these developers were to pay their fair share of capacity estimated to be consumed by their projects it would represent over 80% of the total cost of expansion. The remaining 20%, or roughly $3 million in this case, could be funded by the City with reimbursement provisions built into an agreement that would enable the City to be paid back over time as additional developments or projects come forward. In consideration of the direct economic impacts that increased electrical capacity has on our City, it is critical to discuss how to assist in ensuring solutions are forthcoming and prevent a reputation that will cripple development and growth for decades. Prepared by: Sherry Barkas, Communications Specialist Approved by: Jon McMillen, City Manager 240 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES FOR: 1) PLAYGROUND DESIGN FROM PACIFIC PLAY SYSTEMS, INC., PROJECT NO. 2023- 24; 2) SHADE STRUCTURE FROM SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES INC., PROJECT NO. 2023-25; AND 3) PERIMETER FITNESS EQUIPMENT FROM PLAYCORE WISCONSIN, INC., DBA GAMETIME, PROJECT NO. 2023-26, FOR LA QUINTA PARK RECOMMENDATION Approve Agreements for Contract Services for: 1) New playground design from Pacific Play Systems, Inc., Project No. 2023-24; 2) New shade structure from Shade Structures, Inc. dba USA Shade & Fabric Structures Inc., Project No. 2023-25; and 3) Perimeter fitness equipment from PlayCore Wisconsin, Inc., dba Gametime, Project No. 2023-26, for La Quinta Park, and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY • The playground and fitness equipment at La Quinta Park (Park) has reached the end of useful life and needs replacement. A new shade structure design would provide shade for the entire playground area. • The City utilizes purchasing agencies such as California Multiple Award Schedule (CMAS); OMNIA Partners (OMNIA); and Sourcewell Cooperative Purchasing (Sourcewell), for procurement of goods and services at a discounted rate. • Pacific Play Systems, Inc., (Pacific) submitted a proposal to replace the playground equipment. • PlayCore Wisconsin, Inc., dba Gametime (Gametime), submitted a proposal to replace the perimeter fitness equipment. • Shade Structures, Inc. dba USA Shade & Fabric Structures, Inc. (USA Shade) submitted a proposal for a new shade structure over the playground area. • Playground designs were presented to the Community Services Commission (Commission) on December 11, 2023. The Commission selected their top choice to be presented to Council for consideration. 241 FISCAL IMPACT Funding in the amount of $1,124,093, to replace the playground equipment, shade structure, perimeter fitness equipment, and install lighting at the playground, has been allocated in the Park Equipment & Facility Replacement Fund (Account No. 503-0000- 71060, Parks). This amount includes $150,000 in contingency funds. ITEM COST Playground Equipment $ 415,450 Shade Structure $ 482,354 Fitness Equipment $ 56,289 Playground Lighting $ 20,000 Contingency Amount $ 150,000 TOTAL: $ 1,124,093 BAC KG ROU N D/ANALYSIS The Park was constructed in 2002 and is well used by the community. Amenities include picnic areas, a splash pad, playground equipment, a Fitness Court, ball fields, restrooms, and a perimeter walking path with three fitness stations. The playground and perimeter fitness equipment at the Park have reached the end of their useful life and are recommended to be replaced. The existing shade structure only partially shades the playground, a new redesigned shade structure over the entire playground would provide users protection from the sun, which residents have identified as a top priority. The City utilizes purchasing agencies for procurement of goods and services at discounted rates, which complies with the City's Purchasing and Contracting Policy to streamline the purchasing process. Pacific submitted a quote and design option to replace the playground equipment through CMAS. The whimsical butterfly design has inclusive playground elements for users of all capabilities at a cost of $415,450 (Attachment 1). USA Shade submitted a quote through Sourcewell for the installation of a new shade structure over the entire playground at a cost of $482,354 (Attachment 2). Staff recommends the addition of lights on the shade structure over the playground, as the play area is quite dark in the evening. The City's On -Call Electrician would complete the installation at an estimated cost of $20,000. Gametime submitted a quote through OMNIA to replace the perimeter fitness equipment at three locations around the perimeter walkway at a cost of $56,289 (Attachment 3). 242 Staff would be responsible for demolition and disposal of the existing playground and shade structure, which would provide an estimated savings of $100,000. ALTERNATIVES Council may elect not to approve this request and direct staff to seek other designs. Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Pacific Contract Agreement 2. USA Shade Contract Agreement 3. Gametime Contract Agreement 243 244 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 Pacific Play Systems, Inc., ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Project No 2023-24 LQ Park Playground Equipment 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 245 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. 246 -2- 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 Four -Hundred Fifteen Thousand, Four - Hundred and Fifty Dollars ($415,450), (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 Contract Sum may be approved by the Contract Officer, or assigned designee. Any 247 -3- 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 or around January 30, 2024, and terminate on, before, or before September 30, 2024 on completion and acceptance of installation. This Agreement may be extended due to unforeseeable delays upon mutual agreement by both parties ("Extended Term"), and executed in writing. 248 -4- 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) Pacific Play Systems, Inc. 3288 Grey Hawk Court Carlsbad, CA 92010 Atlanta, GA 30318 ATTN: Alex Compos, Vice President (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: Dianne Hansen, M&O Superintendent It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as Dianne Hansen, Maintenance & Operations Superintendent 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 249 -5- 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 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 250 -6- 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. 251 -7- 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 252 -8- 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 253 -9- 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 254 -10- 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 255 -11- 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 Pacific Play Systems, Inc. Attn: Dianne Hansen, M&O Superintendent Attn: Alex Campos, Vice President 78495 Calle Tampico 3288 Grey Hawk Court La Quinta, California 92253 Carlsbad, CA 92010 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. 256 -12- 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 257 -13- 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] 258 -14- 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 Name: Alex Camaos Title: Vice President in Name: Title: 259 -15- Exhibit A Scope of Services 1. Services to be Provided: Installation of new playground equipment and safety surface materials in La Quinta Park located on the corner of Blackhawk Way and Adams Street. City of La Quinta - La Quinta Park Project # PAC:23R(=:C)F' Date 12,44f2023 Item ! Part Number Description 4ty [5-12 structure] HS -1004-R Collars Ti. A2-2454 Spinner Seat 2 GF -7002 Dame Cap, R5 'I S-1 0 11 -R5-1 1 ft Past, 11 ft R5 2 5-1012-R5-12ft Past, 12ft R5 1 Sr1013-R5-13ft Past, 13ft R5 S. S-1014-R5-14ft Past, 14ft R5 1 5-1015-R5-15ft Post, 15ft R5 2 S -1101-R5 Square Deck 1 5-11021-R Spiral Deck, (Right, 24in) 1 5-1102-R5 Tri -deck 1 S-1106-85 Hex Deck, Half (4 Post) 2 5-1209-361W Infinity Transfer Station, 48in-L 1 5-1215-6 Climber, Grip Inc_ Wall 72in 1 S -1225-5R Climber, Wave 66-72in 1 5-1230-6R Climber, Clover 66-72in 1 S -12891 -6 -HEX Center Access Hex Deck (72in) 1 S-131)1-2485 Wall, Steel (24in) 1 S ­13U3 -TW -R5 TMster Entry Panel M Hood 1 S^13U6-115 Double slide SitDown Hood 1 S-1309-2-145 Half Walls (Pair) RES 1 X1310 -R5 Transition Wall 2 5-1362-13112-R5 Push -Out Barrier (wf Seat) 1 5-1509-90TR5 Bridge, Burma wf Traverse (90in) 1 5-1604-R5 Chime Panel 1 S -1619-R5 ABC Panel 1 S -1652-R5 Animal Locator Panel 1 S-1702-GR5 Slide, Double 66 - 72in (Dual Express) 1 S-1706-S6L-R5 Slide, Twister Spiral 72in (L) 1 S -1710 -6 -SRS Slide, Twister72in (S -R -S) 1 S-1$51-R5CRV Butterfly Extension Tapper 4 S-1962-115 Playseat 3 5-1974-R5 Gyro -Pod Spinner 1 S^1980 -R5 Counter Connection MT -5 1 [2-5 structure] HS -1004-R Cellars C,2 Page 1 of 3 Exhibit A 260 Page 1 of 13 Last revised summer 2017 Exhibit A 261 Page 2 of 13 City of La Quinta - La Quinta Park Item I Part Number Description [qty GF-7002 Dome Cap, R5 12 S-1010-RS-loft Post, 1Oft R5 4 S-1011-R5-11ft Post, 11 ft R5 12 S-1101-RS Square Deck 2 SA 102-R5 Tri-Deck 4 S-1103-R5 Hex Deck, Half (5 Post) 1 S-1110-R Filler, 12in 1 S-1209-241W Infinity Transfer Station, 36ir�-L 1 S-1216-DLX Climber, Grip Deluxe 42-48in 1 S-1219-4 Climber, Deep Rung Arch 42-48in 1 S-12461-4 Climber, Cargo Net 4248in 1 S-1303-R5 Single Slide SitDown Hood 1 S-1303-TW-R5 Twister Entry Panel wl Hood 1 S-1306-R5 Double Slide SitDown Hood 1 S-1309-2-R5 Half Walls (Pair) R6 4 S-1414-0-HH-R5 Climber, Step-Up 4Bin (Lily -Pad, Hand Railsj 1 S-1502-90 Bridge, Arch (90in) 1 S-1514-45R5 Bridge, Inclined Arch (46in) 1 S-1608-R5 Memory Panel 1 S-1614-R5 Slider Panel 1 S-1616-R5 Tic-Tac-Toe Panel 1 S-1627-RSC Abacus Panel 1 S-1658R5G Drum Panel 1 S-1662-R5 Panel Pal, ABC-123 1 S-1684-R5G Sign Language Panel 1 S-1686rR5-13 Inclusive Panel, Mosaic (wi Balcony Deck) 1 S-1702485 Slide, Wave 48in(Double) 1 S-1705-3 Slide, Quarter Tum 36in 1 S-17104-R Slide, Twister4Bin (R) 1 S-1851-R5CRV Butterfly Extension Topper 4 panel HS-1004-R Collars 5 GF-7002 Dome Cap, R5 2 S-1007-R5-07ft Post, 07ft RS 2 S-1981-SWC Sensory Play Wall (Cognitive) 1 sign A2-1302 1302 Safety Sign (2-5, HDPE) 1 spinner A2-2479 PC 2479 Mini-Go-Round 1 swings Exhibit A 261 Page 2 of 13 City of La Quinta - La Quirta Park Item 1 Part Number Description Qty A2-131416 Inclusive Seat 4 A2-2181 PC 2181 8ft Single Post Swing Bay (2 Seat} 1 A2 -2181 -AB PC 2181 8ht Single Post Suing Bay (2 Seat) AB 3 A2-313010 Belt Seat 4 spinner 2 A2 -2496 -SL PC 2496 -SL Inclusive Marra-Go-Raund 1 music BFLY-I-IG Butterfly, Indigo (IG) 1 BFLY-Y4G Butterfly, Yellow (IG) 1 mushrooms A2-2433 PC 2433 Shroom Stepper (Medium) 2 sign2 A2-1303 1303 Safety Sign (5-12, HDPE) 1 music 1 HS -1604-R Collars 4 GF -7602 Dome Cap, R5 2 SAOO7-RE�-O7ft Post, 07ft R5 2 5-16520-R51 Composer Panel 1 music 2 GF -70}0}2 Dome Cap, R5 2 5-1007-R5-O7ft Past, 07ft R5 2 5-16521-ALR5I Sola Panel 1 Y Exhibit A 262 Page 3 of 13 EXHIBIT A- TERMS AND CONDITIONS (Revised 09-01-2022) 1_ ACTS OF GOD= In the event either party is unable to perform its obligations under the terns of this Agreement because of acts of God, interruption of electrical power or other utilities, shortages of materials and/or labor, manufacturing issues or delays beyond its control, failures or damage reasonably beyond its control, pandemic related issues, or other causes reasonably beyond its control, such party shall not be liable to the other party for any damages resulting from such failure to perform or otherwise from such causes_ Pacific Play Systems, Inc_ and Customer shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection. 2_ AT ORNEY FEES & E-XPENSES= In the event of any dispute under this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs of suit including any fees and costs incurred in preparation of such suit if timely payments are not made by Customer and collection becomes necessary, Pacific Play Systems, Inc_ shall be entitled to collect interest and all reasonable collection and legal costs incurred to the extent allowed by law. 3_ BUSINESS LICENSE: If obtaining a business license becomes necessary for a city in which Pacific Play Systems, Inc. does not hold a current license, Pacific Play Systems, Inc_ shall obtain the required license and Customer shall reimburse Pacific Play Systems, Inc. for its cost (including staff time) at cost plus 20°x6. 4_ CHANCE ORDERS: Extra Work and change orders shall become part of the contract once the change order is prepared in writing and signed by the parties prior to the commencement of any work covered by, the new change order. Change order shall describethe scope of the extra work or change, the cost to be added or subtracted from the contract and describe effects on the schedule (if applicable). Change Orders encountered during the installation phase of project require immediate action by the Customer to avoid stoppage of work which may cause demobilization and remobilization and Customer agrees to pay the addifional cost. 5_ COST ESCALATION CLAUSE= Given the recent dramatic increases in the cast of materials and freight, if Pacific Play's cost of materials andlor freight associated with this project increases by over 5% by the time this project gets installed. Customer shal I be responsible for paying the additional cost over the initial 6 increase_ 0_ DELAYS: If a project is delayed for reasons beyond Pacific Play Systems, Inc_ control, Customer agrees to pay for the cost of equipment, materials and products which are already manufactured_ Storage fees may be added for stored products. If a proj ect installation is delayed, new installation date will be assigned based on avai labil ity of installer_ Any cost escalation incurred during the delayed period shall be passed onto the Customer and Customer agrees to pay it_ Customer shall hold Pacific Play Systems, Inc. harmless for additional delays due to unavailability of the installer or resources when a project is delayed_ If additions I mobilization becomes necessary to receive and unload the equipment when a project is not ready for installation, Customer shall pay the cost incurred plus 20%- 7- DEMOLITION: Unless other arrangements are made prior to the start of demolition, all demolition items shall be disposed of by Pacific Play Systems, Inc_ in a manner selected by Pacific Play Systems, Inc_ For demo purposes, unless otherwise noted in the Contract, all slab thicknesses are assumed to be 4' or less with no reinforcement_ If thickness of slab turns out to be greater than 4" or has reinforcement in it, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 20% and Customer agrees to pay the ad d itional cost_ All PIP rubberized surfacing thicknesses are assumed to be no more than 3.5" thick. If P1P thickness turns out to be greater than 3.5'°, its demo, hauling and disposal cost shall increase at the rate of our actual cast plus 20 and Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599,-7355 - California Contractors Lic. #957776 Exhibit A 263 Page 4 of 13 Customer agrees to pay the additional cost. All changes in the scope of work shall be handled with a change order, promptly executed by both Parties so that no delays are experienced. 8_ DISCOUNTS: Discounts (if any) provided are valid only if Customer completely fulfills his or her obligations under this Contract for the scope identified, including making timely payments per Payment Terms of Contract Customer's failure to pay amounts due under this Contract in a timely fashion or reducing the scope of work shall constitute forfeiture of all discounts provided under this Contract and shall increase Contract sum by the amounts of discounts provided_ 9_ ENGINEERED WOOD FIBERS (EWF) are sold in quantities of cubic yards. EWF will settle during and atter installation, reducing its depth. Therefore, its depth cannot be guaranteed. Generally speaking, l8" of material settles to a compacted depth of '10'-12r_ EWF require maintenance and topping off is necessary from time to time_ 10_ ENT I RE AGIR EEM ENT: Thiis Contract constibAes the entire agreement between the Parti as an d su pe rsedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof. In the event of conflicting provisions between this Contract and Customer's own Contract (if any), the provisions of this Contract shall prevail_ 11_ EXPANSIVE, UNSUITABLE SOILS: Pacific Play Systems, Inc. shall not be responsible for undesirable effects (poor drainage, settlement, expansion, contraction, finish surface cracking, etc.) of unsuitable grounds or soils provided to us_ Unsuitable grounds or soils include expansive soils, poorly drained soils, uncompacted or poorly compacted grounds, unstable and/or expansive sails such as clay, excessively moist soils, uncompacted sand, etc. If applicable, it shall be Customers responsibility to test soil samples and determined the existing soil is suitable for the intended work, prior to the start of any work. If applicable, expansive, loose or uncompacted soils shal I be removed and replaced by others at Customers cost, prior to our mobilL-Rion on site_ Additional engineering and deeper footings may be required rf excessive moisture is encountered during the excavation, and Customer agrees to reimburse Pacific Play Systems, Inc_ for the additional cost encountered at cost plus 20 percent. 12_ FINAL INSPECTION: Customer shall perform a final inspection of the project while Pacific Play Systems, Inc_ and its agents are still on site and shall report any concerns to Pacific Play Systems, Inc. at that time so that valid concerns can be corrected right away to avoid delays and additional trips to the job site. 13_ FOOTINGS. Playground footings (Playcraft equipment or any other manufacturer) are quoted per manufacturers standard foaling details. Unless otherwise noted in Quotation, Contract or Purchase Carder_ if playground footings are enlarged due to permit requirements or to remedy unsuitable soil conditions, etc_ upgrade costs shall be extra. Some permit agencies may require structural calculations for footings which may cause larger footings and deeper embedment of posts into concrete footings than shown in the manufacturer's standard footings details_ Additional rebar cages may also be needed_ Our equipment and instal lotion cost are based on supplying standard length posts and using manufacturer's standard footing details with ria rebar cages_ If footings are enlarged due to permit requirements or 1Gr any other reason, Customer agrees to pay the additional cost for longer posts, rebar cages and additional labor and materials required for excavating and installing deeper and larger footings. Additional cost shall be billed at the rate of Pacific Play Systems' cost plus 20% and Customer agrees to pay for it_ 14_ GOVERNING LAW: This Contract shall be governed by and construed in accordance with the donwtic laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the lans of any jurisdiction other than the State of California. Jurisdiction shall be the County of Sam-Biego, N oFt rCount.—Jud icial 94sbict Riverside County, California 2 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carl Pbad, CA 92016, Phone 760-599-7355 - California Contractors Li G. 3*57776 Exhibit A 264 Page 5 of 13 15- INSURANCE: Pacific Play Systems, Inc- agrees to carry the following limits during the oourse of project: Liability Insurance: $1,0{0,000 Each Occurrence, $1,000,000 Personal and Advertising Injury, $2,000,000 General Aggregate, 52,000,000 Products, Completed Operations Aggregate - Excess Liability Insurance: $3,000,OW Each Occurrence, $3,000,000 General Aggregate. Workers Compensation: $1,000,000 Commercial Auto Insurance: $1,000,000 Proof of insurance or additional insured certificates (issued to Customer only) shall be provided upon request- Any custom wording (Primary Wording, Waiver of Subrogation, Cancellation Notices, etc.) a7 insurance policies or certificates to multiple entities shall be provided at additional cost, if requested and only if available. Customer acknowledges that Pacific Play Systems' subcontractors may have lower insurance limits and carry no excess liability insurance. Add6onal insurances not listed here, if required & available, may be provided at additional cost- 16- LABOR RATES: Unless otherwise noted in ,Writing, all labor rates are Non -Prevailing Wage Rates. It shall be Customer's responsibility to inform us if a project is Prevailing Wage, before a contract is signed- 17- LIABILITY LIMIT: Pacific Play Systems, Incas liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from this Contract, or from the performance or breach thereof., or from the manufacture, sale, delivery, installation, resale, repair or use of any products covered by or furnished under this Contract, shall in no case exceed the price of the products or parts thereof which gives rise to this claim. In no event shall Pacfic Play Systems, Inc- be liable for special, incidental or consequential damages, or for damages in the nature of penalties_ 18_ LEAD TIME: Unless otherwise noted, due to continuing supply chain issues and materials shortages. lead lime for delivery of equipment is approximately 32 weeks (+I-) AFTER receipt of a signed Contract, deposit and color selection from the Customer. Lead time does not include lime needed for shipping, site work and installation. Lead time may vary for drfferent projects and different products, depending on product, s¢e and scope of v.ork- 19- MOBILIZATION: Unless otherwise noted in the Quotation, Contract or Purchase Order, our cost includes only one mobilization per project If additional mobilizations become required due to various factors beyond Pacific Play Systems control such as site not being ready, stop notices by the Customer, permit and governing agencies, etc-, addifional mobilization cost shall apply at the rate of cost plus 20% or 52,000 minimum for private projects and $2,x.,-00 for public works projects whichever is greater- Minimum charge for receiving and unloading equipment when project is not ready for installation shall be $1,500 for private projects and 52,506 for public ,works projects and Customer agrees to pay these additional costs- 26- MAINTENANCE: Customer shall be responsible for maintenance and upkeep of all acquired equipment and materials associated with this Contract, including but not limited to maintenance of equipment, materials, surfacing, drainage system, etc. Playground equipment and surfacing require daily, weekly and monthly inspections. It is common that some bolts may come loose after the inikial installation and some use, particularly in moving parts. It shall be Custcmeras responsibility to inspect for loose or missing hardware and attend to it as needed_ 21- NOTICES: All notices required by this Agreement shall be in writing and be delivered via email, Unified States Certified Mail, addressed to the party to wham such notices are directed- Either party may change its address for notices hereunder by giving notice to the other party in the same manner as provided herein- Pacffic Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lie. #957776 Exhibit A 265 Page 6 of 13 22_ OWNERSHIP: Once equipment and materials are delivered to the Customer's premises, it, is considered delivered and Customer shall become responsible for its security_ All costs associated with replacement of vandalized andlor stolen equipment, materials shall be Customer's responsibility_ Customer shall take necessary steps to secure site and protect the work under progress, including keeping traffic away from the equipment under construction and protect finished surfaces (concrete, PIP surfacing, etc_) for a minimum of 24 hours after pour_ 23_ OPTIONS, ADDITIONAL SERVICES: Equipment, materials and services listed under Options or Additional Services are not included in the Scope of Work (cast is extra)_ If Customer chooses to add any of these items, Customer shall notify Pacific Play Systems, Inc_ in writing as soon as possible and prior to the ordering of equipment so that Contract can be modified to incorporate the added items. Once equipment and materials are ordefed, it may be too late to make any changes, without incurring additional costs_ 24_ PAYMENT TERMS: fill payments are due per Contract Payment Terms_ Past due balances are subject to an annual interest rate of 1 B%, or the maximum allowed by law, whichever is greatest. If payments are not received on time and collection becomes necessary, aside from adding interest, al I discounts provided shall be reversed and added to the contract sun and Pacific Play Systems, Inc_ shall be entitled to collection costs incurred plus attorneys' fees & expenses to the full extent allowed by the applicable laws. Additionally, Pacific Play Systems, Inc_ may suspend all warranties until such time that all past due balances, interest and fees are paid in full. 25_ PERMITS: Unless otherwise noted in writing, obtaining permits are excluded from this Contract and shall be the Customers responsibility. Prior to the award of this Contract, Customer shall perform his or her oven due diligence and determine if a permit is required and notKy Pacific Play Systems. Inc_ in writing accordingly. If required, Customer shall obtain all required permits and licenses and pay all applicable fees_ If Pacific Play Systems, Inc_ is instructed in writing to obtain a permit, all associated costs (including engineering fees) shall be extra, billed at cost plus 20%. Staff tirne shall be billed at M per hour. Building permit fees shall be billed at cost_ Customer agrees to pay all costs and fees_ While we will do our best to obtain a permit at the earliest time possible (if instructed in writing to do so), no guarantees can be made that a permit can be obtained. Additionally, obtaining a permit can be very time-consuming process and can easily delay a project for months and beyond Customers expectations. Some permit agencies may require structural calculations for footings which may take several weeks to get and cause dlelays. Unless othem! se note in Quotation, Contract or PO, cost of obtaining structural calculations shall be billed at cast plus 20°lam or $2,500 minimum, whichever is greater, and Customer agrees to pay for it. 26_ PROTECTION OF EXISTING PLAYGROUND SURFACING: Sikes at some playground renovation projects may contain existing plarrground safety surfacing that may be either sand, engineered - ood fibers. rubbertiles, PIP rubberized surfacing, artificiai turf or a combination of these items that may need to be protected while new improvements are made. Unless otherwise noted in our Contract, Customer shall remove and stockpile filter fabric, sand and engineered wood fibers out of the way prior to the start of work to minimize its contamination during construction and shall be responsible to place it, back after completion of our work_ Customer acknowledges that some damage to the existing rubbertiles or PIP rubbe6zed surfacing or artificial turf may occur due to our work and the use of machinery, regardless of various protection methods used_ Customer shall be responsible for the cast of its repair or replacement. if damage occurs. 27_ REPAIRS_ If any part of the project requires repairs (during or after completion) and becomes a safety concern, Customer shall close site immediately and propefiy barricade the site until repairs are made_ 28_ RETURNS: Equipment, materials associated with this Contract are highly customized and shall be considered Non -Returnable- Once the Contact is signed and equipment, materials and services are ordered, it Pacffic Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92410, Phone 760-599-7355 - California Contractors Lie. #957778 Exhibit A 266 Page 7 of 13 cannot be cancelled. No Retums or Substitutions are permitted under this Contract, unless agreed to in writing by Pacific Play Systems, Inc. If Pacific Play Systems, Inc- agrees to a change involving a reduction in the Scope of Work or the Contract Sum after the award of Contract, Pacific Play Systems, Inc- shall be entitled to charge the Customer a fee 30 of the cost of items deleted fof the tine and effort put forth into processing those items. Additionally, any discounts associated with the deleted items shall be reversed. 29- SEVERABILITY: Any term or provision of this Contract that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction_ 30- SHADE STRUCTURES= Shade structures, shade sails, umbrellas, shelters and canopies (hereafter referred to as Shade Structures) included in the Scope of Work (if arty) are non -engineered (no calculations or engineering drawings are provided), non-structural (not rated for fre, wind or earthquakes), unless otherwise noted in writing - Non -engineered, non-structural Shade Structures are considered temporary structures and will not be suitable for installation at locations that require obtaining a permit. It shall be Customer's responsibility to determine if a permit is required for these Shade Structures and communicate same with Pacific Play Systems, Inc- in writing, prior to executing this Contract so that Shade Structures can be designed, fabricated and priced accordingly for the structural upgrades needed for engineered structures so that a permit can be obtained by others- Unless otherwise noted, if Pacific Play Systems, Inc. is instructed to obtain a permit, all associated engineering costs shall be billed at cost plus 20% as well as staff time at the rate of 51201hour, plus all applicable costs, permit fees, etc. 31- SITE WORK= Site work includes all work that is needed to prepare the site for the installation of equipment and materials. Site work includes, but is not limited to demo, hauling, grading, installation of site materials, sub- base, drainage, curbing, side-,valks, creating sufficient space to accommodate the Use Zone of the equipment, etc - If site work is excluded from the Scope of Work= A_ Customer shall prepare site so that it is ready for Pacific Play Systems, Inc_ to move in_ B- It shall be Customer's responsibility to coordinate site requirements with Pack Play Systems, Inc- and provide the proper rough grade elevation in oder to have the s ite ready for installation. C. If site is determined to not be ready upon mave4n by Pacific Play Systems, Inc- and additional move -ins become necessary, a $2,000 - $2,500 extra move -in charge shall apply for each additional move -in and Customer shall become responsible for the safety of the site and for the safekeeping of the equipment and matehalls that are delivered to the job site until Pacific Play Systems, Inc- is able to return and re -start installation. Additionally, project delays due to unavailability of installers may occur 9 demob&!ation becomes necessary - Some damage to existing grounds, pavement and landscaping steal I be expected due to Pacfi c Play Systems, I nc-'s operations- Unless otherwise noted in writing, repairs to underground ub lilies, landscaping and irrigation system are excluded from Pacific Play Systems, Inc -'s scope of work and shall be Customers responsibility- Pacific Play Systems, Inc -'s liability for deaning marks (tire marks, etc-) on pavement shall be limited to power washing- 32- S LAB= AI I con crete slabs associated with the Scope of Work (if any), sha II be 4" nominal (3 10 th ick) without any reinforcement, unless otherwise noted. 33- SUCCESSION & ASSIGNMENT: This Contract shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns- A Party may not assign either this Contract or any of its rights, interests, or obligations hereunder without the prior written approval of the other Party. Customer shall not assign this Contract to argr third -party implementation agencies such as property management companies, contract compliance agencies, etc_ without the prior written consent of Pacific Play Systems, Inc. Pacific Play Systems, Inc- - 3288 Grey Hawk Court, Carlsbad, CA 92010, IL Phone 760-599,-7355 - California Contractors Lie. #957776 Exhibit A 267 Page 8 of 13 34_ STORAGE FEES= If a project is delayed for any reason due to factors beyond Pacific Play Systems. Inc. control, Customer agrees to pa�,:- storage fees for equipment which has already been manufactured at cost plus 15% for storage rental or $250-S5Dt1 per month (cost varies based on space required and may be more for Jarger projects) for equipment stored at our warehouse or at the manufacturer_ If a freestanding storage container becomes necessary to secure the equipment on site, Customer shall provide the space for it and become responsible for covering its cost at the rate of cost plus 20% plus unloading costs due to the additional mabil¢ation to unload the equipment and forklift rental. 35_ SUBBASE: PIP rubberized surfacing, tiles or artificial turf require either a concrete slab sut-base or a 90- 95% compacted Class Il or crushed aggregate subbase. When replacing an existing surface (PIP, rubber tiles or taro, it is difficult to know what kind of subbase is installed underneath the existing surface or if that subbase is suitable for the installation of the new surfacing, without removing the existing surface and damaging it_ Unless otherwise noted in our Contract, if during work, it becomes clear that the existing subbase is not suitable for the installation of the new surfacing and requires repairs, removal andlor replacement; cost associated with this work shall be extra (via a change order) and shall be billed at our cost plus 20_ Customer shall be notified of this condition and the associated cost to remedy it once discovered_ If additional work becomes necessary, Customer shall execute a change order for the adldibonaI scope without delay so that work can proceed timely_ If an additional move -in becomes necessary due to Customer having this work done by others, an additional move in cost shall be addled to our Contract. 36_ SUBCONTRACTORS: Pacific Play Systems, Inc_ reserves the right to use subcontractors to perform labor without prior consent from the Customer as long as subcontractors used are licensed and insured. Sub -contractors insurance limit is limited to $1M for General Liability Insurance, $21VI General Aggregate_ 37_ TERMINATION= This Contract shall not be terminated by either party without material cause_ Pacific Play Systems, Inc. may terminate this Contract with Customer for lack of payment and for other material breach, if not cured within 10 days of receipt of a written notice to Customer_ If this Contract is terminated by any party for any reason, Customer shall remain fully liable for the cost of equipment and materials ordered, administrative and other time spent on the project and for smices rendered to the full extent allowed by law_ 38_ TESTING= Unless specifically noted in contract, cost of any testing such as CPS 1, surfacing HICtesting, soil testing, etc. shall be extra_ HIC testing for PIP or turf shall not occur until the surface has a minimum of ten (10) days to cure. 39_ UNFORESEEN CONDITIONS= Unforeseen conditions include, but are not limited to, having to deal with, modify or repair underground utilities (water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc_) found during excavation_ Unforeseen Conditions shall also include having to excavate or remove boulders, rocks, rocky soil, etc_ that cannot be cared through with a standard Bobcat, augur or excavated with a shovel and requires the use of a jack hammer or other means. Other examples of Unforeseen Conditions include unexpected items found during excavation that were not obvious or not disclosed by Customer, such as discovery of unsuitable soil conditions, existing footings, curbing, border, pavement, tree roots, fifter fabric, etc. found during the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work_ Finally, Unforeseen Conditions shal I include a ny factors andfor conditions that adversely affect the cost of the p reject wh ich were not disclosed by Customer in writing prior to the signing of this Contract. Cost of dealing with unforeseen conditions shall become extra and shall be added to the Contract sum at the rate of Pacific Play Systems, Inc.'s cost plus 2996_ Customer shall indemnify Pacific Play Systems, Inc. from any liability associated with damage to underground utilities due to Unforeseen Conditions. 40_ UTILITIES- Utilities include but are not limited to water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc_ To minimize damage to utillities, Customer shall mark, cap or relocate all underground Pacibc Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, h Phone 760_599-7356 - California Contractors Lic_ #957776 Exhibit A 268 Page 9 of 13 utilities that are located within the work area, prior to the start of work_ Pacific Play Systems, Inc_ and its subcontractors shall do their best to minimize damage to undergrouiid utilities that are identified by the Customer prior to the start of construction_ However, should unintended damage occur due to site operations, repairs or relocation of underground utilities shall be excluded from the scope of our work. If utilities are damaged or have to be relocated, Customer shall repair, replace or relocate them at Customer's cost as soon as possible to minimize delays_ At CUstorner'S request, repairs may be made to damaged utilities by Pacific Play Systems, Inc. or its subcontractors at an additional cost of actual oast plus 20%_ 41- UTILITY LOCATING SERVICE: For projiects requiring excavation, prior to the start of work, Customer shall either clearly mark underground utilities and their depth, hire a utility locating service to locate them or authorize Pacific Play Systems, Inc_ to hire a utility locating service to de so_ Locating underground utilities is not an exact science and sometimes they are missed by utility locating companies or locations are not accurate, leading to unintended damage during excavation. Also, PVC or plastic pipes cannot be detected by these companies - Therefore, mpanies_Therefore, some potential damage to utilities should be expected. If utilities are damaged, Customer shall hold Pacific Play Systems, Inc_, its subcontractors, employees and officers harmless as it relates to any potential damages or liabilities_ If underground utilities are damaged, regardless of whether a utility locating service was hired or not, Customer shall be responsible for the cost of their repair, replacement or relocation_ d2_ WARRANTY= Equipment warranties are provided by equipment manufacturers and not by Pacific Play Systems, Inc. Material warranties are provided by the supplier of materials and not by Pacific Play Systems, Inc. When available, Pacific play Systems, Inc_ shall provide copies of equipment and material warranties to Customer upon request_ Pacific Play Systems, Inc. shall warrant all Labof provided in the Scope of Work for a period of one year from the date of completion. Customer acknowledges that moving parts (spinners, zip lines, track rides, rope connections, swings, etc_) require regular maintenance in order to stay operational. Pacific Play Systems, Inc. shall not be responsible for the maintenance of these items which may involve tightening of bolts, connections, etc. Arry service calls required to maintain moving parts (even during the one-year labor warranty) shall be billed to Customer at cost plus 20%_ Zip lines require additional maintenance to operate properly and shall be regularly maintained by the Customer_ Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599,-7355 - Calrtomia Contractors Lir-. #957776 Exhibit A 269 Page 10 of 13 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 270 Page 11 of 13 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 Il, 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 271 Page 12 of 13 (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 272 Page 13 of 13 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 Four -Hundred Fifteen Thousand, Four - Hundred and Fifty Dollars ($415,450) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in one lump sum (minus retention) on completion of installation and satisfactory CPSI inspections in the amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. CONTRACT Customer Contractor Project La Quinta Park Pacific Play system* Inc. Pacific PlaySy5tems, Inc. Date 112/2024 Co of La Quinta 78495 Calle Tampico, Contractor Uc.4 957776 Terms Net 30 Valid for 30 Days La Quinta, CA 92253 Class A/B1C61/D34/D12 Phone (760) 599-7355 www.pacif cplayinc.com Est. No. 2023-951 Description Qty Rate Total Scope of Work Provide, equipment, materials and services as outlined perbelow: Playcraft Custom 5" CD Steel Play System, 5-12 age -group 1 75,4-05.00 75,4-05.0OT Playcraft Custom 5" CD Steel Play System, 2-5 age -group 1 60,346.00 6-0,346.-0OT Playcraft PC 2191 8f Single Post Swing, 2-12 age -group (4 inclusive seats, 4 belt seats) 1 11,239.-00 11,239.-0OT Playcraft Sensory Wall Panel, 2-12 age -group 1 6,340.00 6,340.-0OT Playcraft PC 2479 Mini -Go -Round, 2-12 age -group 1 3,084.00 3,084.00T Playcraft 2496 -SL Inclusive Merry -Go -Round, 2-12 age -group 1 8,004.00 8,004_00T Playcraft PC 2433 Shroom Steppers (Medium) 2 585.00 1,170.00T Playcraft Composer Panel 1 3,754.00 3,7 -64 -OOT Playcraft Salo Panel 1 2,739.00 2,739 -OOT Playcraft Butterfly, Yellow (IG) 1 1,359.00 1,369 -OOT Playcraft Butterfly, Indigo 1 1,429.00 1,429 -Off Playcraft 1303 Safety Sign (5-12, HDPE) 1 1,204.00 1,204.ODT Playcraft 1302 Safety Sign (2-5, HDPE) 1 1,204.00 1,204 -Off IDS Book Deck Access 17,630.00 17,630.00T IDS Book Stack SML, freestanding 1 7,865.00 7,865.0I7r IDS CaterpillarAnise, freestanding 9,313.50 9,313.50T Play Soft Engineered Wood Fibers (EWF) Safety Surfacing @ 12", materials cost per cubic 484 47.00 22,560.ODT yard Sub -total 234,655.50 CMASdiscount, contract 44-19-78-0095A -23,467.-00 -23,467.00 Sub -total of playground equipment and materials after discount 211,198.50 Site prep: Mobilization, site prep (unloading and receiving the playground equipment, temp 6,000.-00 6,000.-00 fencing,etc) *Excavation and demo to be done by others- thers.Install:Installation Install- Installationlabor, playground equipment with standard manufacturer's in -ground concrete 1 145,600.00 145,600.00 footings using Factory Certified Installers and EWF surFacing at 12" Sub -total of site prep and install 151,600.-00 Storage container for play equipment for duration of project 1 2,500.00 2,500.-00 Exhibit B 273 Page 1 of 4 CONTRACT Customer Contrartor Project La 01inta Park *Ntw C { �� Pacific Play Systems, Inc_ Date 1,12/2024 City of La Quinta 78445 Call a Tampico, Contractor Lic_ # 95 776 Terms Net 30 Valid for 30 Days La Quinta, CA 92253 ClassAIRIC61jD34/612 Phone [760 599=7335 WWW. paoif cplayinc.Coni Est. No. 2023-951 Description qty date Total CPSI inspection and report 1 3,500_,00 3,500.00 Freight costs, playground equipment 1 9,953.63 9,951.63 Freight costs, engineered wood fibers 1 7,680.00 7,680.00 Project administration, mobilization, coordination, overhead costs 1 10,540.,00 10,340.00 Additional Services: 1_ If Payment and Performance bond is required, add $8,000 to total arr_ount_ Initais here to add PAYMENTTERMS: Net 30 EXCLUSIONS- This Contract only Covers the cost of equipment, materials and services that are dearly outlined in theSCope of Work. All other equipment; materials and/or services that are not clearly outlined in this quotation ane excluded. Exclusions include, but are not limited to the following: 1. Additional services, site work {demo, hauling, grading, drainage, site drains, curbing, border, sidewalks, pavement, striping, etc., filter fabric, site materials, green screen and sand bags on temporary fence, ADA accessible path of travel, builders risk insurancer payment and performance, furnishing plans, obtaining permits, dealingwith inspections and/or permit agencies, engineering calculations, stamped engineered or architectural drawings, etc. 2. Inspection costs, testing and outside testing agencies, special inspections, survey work Df any kind, fencing, swpps, barricades, traffic control, flagging, erosion Control, dust control, removal of hazardous materials or contaminated soils, diggingthrough rock and rocky soils. 3. Modifications or repairs to the existing landscaping or irrigation system is excluded. irrigation lines (if any) found during the excavation will be capped off_ Owner shall be responsible for removal, replacement or repairs to the irrigation lines or utility lines encountered during the excavation process at owner's cost_ 274 -2- CONTRACT Customer Contractor Project La Quinta Park City of La Quinta 78495CaIIeTarnpico, La Quinta. CA 92253 Pacific May Systems, Inc. Contractor Uc.#957776 ClassAfB/C61/D34JD12 Phone (760) 599-7355 Date 112/2024 Terms Net 30 Valid for 30 Days Est. No. 2023-951 Description 4. Customer shall hire a utility locating service to mark all underground utilities prior to the start of aur work, in order to minimize any damage to utilities. Modifications and/or repairs to any existing or damaged utilities as a result of this work is excluded. If owner would like us to hire a utility locating company, additional cost will be $1,000. Initial here to authorize this addMonal service 5. Additional move -in costs, if required (only one move -in cost is included inthis quote), dealing with unforeseen conditions and extra work required as a result of these conditions and anything else that is not clearly outlined inthisContract. See Exhibit A, Terms and Conditions for a description of Unforeseen Con d tions. LABOR RATES: Prevailing Wage Rates. Required Statement for California Projects: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdictionta investigate complaints againstcontractors if complai nt regarding a latent act or omissi o n is fi led withi n four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertainingtn structural defects must befiled within ten (10) years of the date of the alleged violation.Any questions concerning contractor maybe referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826- Th is 5826. This Contract is executed between Pa€ifi€ Play Systems, Inc,aCalifornla corporation and Customer (also referred to as Dwner), identified in the Custnmersection of this Contract. Either Customer or Pacific Play Systems, Inc. may be referred to as Party, together as Parties. The purpose ofthis Contract is for Pacific Play Systerns, Inr. to provide Customer with equipment, materials and/or services as outlined in the Scope of Worksection ofthis Contract in excha nge for th e sum of money as outlined in this Contract. By signingbelow, both Parties acknowl edge th at th ey are entering intaa legally binding Contract, which includes Exhibit A- Customer acknowledges the receipt and review of Exhibit (Terms and Conditions) which shall be made a part of this Contract end enforceable to the fu I I extent allowed by law_ A---CEPTED BY CUSTOM ER: Customers Name: Date accepted= signature: Signed By: -3- www. pa c ifi c playi na.corn qty I Rate Total 275 CONTRACT Customer Contractor Project La Cbjinta Park Pacific I. IC �� I�f Par if - Piay 3ysberrn, Inc- Date 1/21202A City of La Quints 78495 Calle Tampico, Contractor Uc- # 957776 Terms Net 30 b'9licl ft,r 30 Days La Quinta, CA 92253 Class Aj6jC61/D34jD12 Phone (760) 599-7355 www.paoifioplayino.o.)m Est. No. 2423.951 Description Qty Rate Total ACCEPTED BY PACIFIC PLAY SYSTEMS, INC-: Federal Tax I -D- #: 27-4620105 - DER No -14001712253 date accepted= California Contractors License #957-776, Classifications= A, @, C61 -D12, C61 -D3* Signature= Signed By: CA Sales Tax, Lake Elsinore 8-75% 18,479,87 Attached Exl1ibit A (Tefrn5 and Conditions) shall) he ma& a part of this CoMratt. Total $415,450.00 276 -4- Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Work shall commence on an agreed upon date on or around January 30, 2024, and terminate on completion and acceptance of installation on or before September 30, 2024. Exhibit C 277 Page 1 of 1 Exhibit D Special Requirements Contractor is responsible to pull required City permits (fees will be waived) and schedule required inspections. Contractor is responsible to pay re -inspection fees if incurred should the work not be completed in time for the inspection as called in by the contractor. Contractor is responsible to ensure all measurements are accurate. Contractor is responsible for mobilization, storage of materials, and any required pedestrian and/or traffic control. Contractor is to coordinate installation of play equipment following installation of new shade structures to be installed by USA Shade. Exhibit D 278 Page 1 of 1 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 Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such Exhibit E 279 Page 1 of 5 person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. 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: Exhibit E 280 Page 2 of 5 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Exhibit E 281 Page 3 of 5 Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Exhibit E 282 Page 4 of 5 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 283 Page 5 of 5 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 284 Page 1 of 2 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 285 Page 2 of 2 286 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 Shade Structures, Inc. dba USA SHADE & Fabric Structures, Inc. ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Project No. 2023-25 LQ Park Playground Shade; as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain such licenses, permits (permit fees waived), and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be 287 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. 288 -2- 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. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount of Four -Hundred, Eighty -Two Thousand, Three - Hundred and Fifty -Four Dollars ($482,354). (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include progress payments or a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances 289 -3- shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the mutually agreed upon Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on or around January 30, 2024, and terminate on completion and acceptance of installation on or around July 30, 2024. 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: 290 -4- (a) Name: David Schneider Tel No. 214-601-1518 E-mail: dsshneider@usa-shade.com (b) Name: Ashley Donde Tel No. 714-427-6981 Email: adonde@usa-shade.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as Dianne Hansen, Maintenance & Operation Superintendent 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. 291 -5- 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 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. 292 -6- 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books 293 -7- and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, 294 to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, -9- 295 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. 296 -10- 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 -11- 297 interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Dianne Hansen M&O Superintendent 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: USA SHADE and Fabric Structures. Inc. Attention: Ashley Donde Senior Regional Manager 1085 N. Main Street, Suite C Oran, CA 92867 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. -12- 298 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] 299 -13- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Name: David Schneider Title: Vice President in Name: Virginia Marquez Title: Assistant Secreta 300 -14- Exhibit A Scope of Services 1. Services to be Provided: Installation of new shade structure over the playground in La Quinta Park located at the corner of Black Hawk Way and Adams Street. 0 Exhibit A Page 1 of 8 Last revised summer 2017 301 Custom - Playground DIETAILS • - Structure Unit Quantity: 1 Foundations By USA Shade Unit Type: custom 2/3 Grout Installation N/A Structure Size: (see drawing) Footing Type: Drilled Pier U &A Shade Model N umber CUStOM Multi Panel B a se Attach ment: PIFs - Embed Entry Height: 14ft Anchor3olts: N/A No of Columns: 12 Concrete Cutting: N/A No of Fabric Tors 7 Multiple Panels Dirt Removal: Included Fabric Type: Cclourshade FR surface Type: Wood Chips Fabric Color Green;TJ /Yelluw [6j Steel Finish: Coastal Primerw/ Pawner Coating Priringdoesnotinclude demo nfexisMngstructures- Steel Coror: Beige OElectncalProaisiors: Cable/HDVVfinish: N/A Galvanized $ 482,354.27 Concept No: 0 Exhibit A Page 1 of 8 Last revised summer 2017 301 Construction Assumptions 11 The designated area for our structures will be aicessihle by drive-upfor unloading of our trucks and equipment, including personnel man -I ts, forkliftr etc- should crane be required and direct acress not avail able, additional coats for such will be submitted by a Change order. 21 our pricing is based an the ability to perform all of our work with dear, sequentia I, and continuous aicess without interruption during normal dayti me working hours. We have assumed one mobilization for the installation of foundations, steel and fabric i if additional mobiliatiom are required. there kill bean additional charge- we will require exclusive access to the area for our work duringthe construction process - 3) our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change orderfor any delays caused by other trades which interfere or cause us to stop working - 4) We wil I require site sanita ry facil 6n and refuse containers by others within 206 feet of our work. SM U5A SFl4DE wi I leave its work and materials in a clean condition at the conclusion of our work. 61 Barricades a nd public security requirements are not included. 7) unless specifically included in this proposal, this agreement does not include, and Company will not provide, seraices, labor, or materials for any of the following work: (a) remova I and disposal of any materials containing ashestos or any hazardous materials as defined by the EPA; ;b] moving owner's property around the installation site; (€f repair or replacement of any Purchaser or owner -supplied materials; OF ;d) repair of damage to existing stwFaces a nd landscapi ng that may occur when construction equipment and vehicles are being used in the normal course of construction. 81 Pdcin; for foundation desk is based on drilled pier footings. In the event the gewedtniml report regtires an alternate €orrfgrration, any additional costs incurred will be submitted to the client by a Change order. 9E Digging of our foundations will not be constrained by any existing concrete or utifties. USA SHADE will not he resporrsihle for moving or repairing any underground utility lines such as elecrical,telephone, gas, water, or sprinkler lines that may be en€ounteredduring installation. 101 Any additional costs incurred as a result of hard rod€ conditions requiring extra equipment, including drill r'Esr utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as -built site drawings l rovidedto USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation - 11) Scheduling of workwill he on a mutually agreed schedule based on USA SHADES current lead times with engineerirrg, mWliers,manufarturing. GENERAL TERMS & CONDITIONS AND WARRANTY 1) Proposal= The above proposal is valid for is days from the date first set forth above. After 15 days, we reserve the right to i ncrease prices due to the rise in cost of raw materials, fuel, or other cost increases- when applicable, USA SHADE & Fabdc structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited t% fuel, steel, and co ncrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when apQlicable- 2j Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal 1whi€h shal I incorporate the terms of this agreement specifically by reference♦ which is accepted by USA SHADE & Fabric Structures (the "Company'), the purchaser identified above ('you' or the 'Purchaser) agrees to purchase Shade Structures brand shade structures ('structures") and the services to be provided by the Company, as detailed in the "Structure Pricing" a nd "General scope of work' sections of this agreementr above, or in the relevant purchaseorder accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third -party who will be the ultimate owner of the Structures (the ultimate owner of a Structurer whether Purchaser or a third -party, being the "awner"f. 3) Short Ship claims_ Purchaser has is days from receipt of the structures to file a shortship report in writing to its sales representative. Company will not honor claims made after this time. 4) Standard Exclusions: Unless spe€ifi€al ly included under the "General 5€ope of work' section above, this agreement does not indude, and Company will not provide, services, labor, or materials for any of the fol lowing work: 1a] removal and disposal of any materials containing asbemtos or any haMrdous materials as defined by the EPA; �bf moving owner's property around the instal lation situ (c) repair or replacement of any Purchaser or owner -supplied materials; 1dj repair of concealed underground utilities not located on prints supplied to Company by Owner during the bidding process, or physi€aI ly staked out by owner, and which are damaged during construction during normal course of construction. Exhibit A 302 Page 2 of 8 5) Bonding Guidelines: If Purchaser will use or provide the Structures and services for an Owner other than Purchaser �indudinigr without limitation, as a subcontractor of Purchaser], Purchaser will ind ude the following statement in Purchaser's contract with Owner: `The manufacturer's warra my for the Shade Structures brand shade structures is a separate document between USA SHADE d: Fabric Structures and the ultimate owner of the Shade structures brand shade structures, which will he provided to the ultimate owner at the time of completion of the instal lation and other services to be provided by USA SHADE & Fa bric Structures. Due to surety requiremerrL r any performance and{or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty-" 6) In€ura nce Requi rements: Company is not required to provide any insurance coverage in excess of Compa nyf s stands rd insura nce. A o3py of the Company's standard insurance is available for your review prior to acceptance of the Company's propma I. 7) PaYment=Terms of payment are defined in the 'Pricing Details" section and are specific to this €ontrmt_ For purposes of this agreement, "Completion' is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approtia I is issued, whichever occurs first. Progress billing and payment will be required- All payments most be made to Shade Structures, Inc., P.O. Boor 734158, Dallas, Tx 75373-4158- Company may use all remedies available to it under current laws including, but not limited to, filing of liens againstthe property a nd using a collection agency or the courts to secure the col lection of the outstanding debt. 8) Lien Releases: upon request by owner, companywil I issue appropriate partial lien releases as corresponding payments are received from Pud•raser, but prior to receiving final payment from Purchaser or Owner. rom pa ny wil I provide a full release of I iens upon receipt of final payment. In accordance with state laws, Company reserves the right to placea lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 9) Srte Plan Approval- Permit/s. Permit Fees, Plarrs, Er&onreering Drawings, and Surveying: site plan approva I, permits, permit fees, plans, errg•reedrig drawings, and surveying are spedfically excluded from this agreement and the services unless specified under the "General Scope of work". The company does not in anyway warrant or representthat a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the "General Scope of work" wil I result in an additional cost to Purchaser - 10j Manufacturing & Delivery_ Manufacturing lead-time from Comparry's receipt of the "Notice To Proceed" is approximately Gto 8 weeks for standard stnxlazu, and 8 to 12 weeks for custom structures. Delivery is approximately i week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes. it) Retuned Product Deposits, aWor Cancelled Order: within the first 45 days after shipment from our facility, all returned prodluct>5) and cancelled orders are subject to a 5D%restocking fee. No returns are available foll owing this 45 day period. All deposits are non-refundable- All expenses incurred [engineering, site surreys, shipping, hand ing, etc_f are the resporrsihilityr of the Purchaserr up to notice of cancellation. 12) Concealed Canditie ns: "Concealed conditiore induce, without Iimitrtionr water, gas, sprinklerr ele€trica I and sewage limes, post tension cables, and steel rebar. This agreement is based solely on observations the Company was a ble to make either by visua I inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid- If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was hid, Company will shop work and indicate these unforeseen Concealed Conditions to Purchaser or owner so that Purchaser a nd Company can execute a Change Order for any additional work. in any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Pu rchaser and Company shal I not be held I iable for any such da mage. 5Di conditions are assu med to he soil that does not contain a cry waterr hard rock [such as limestone, caliche, etc.], rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment an cVor materials not specified by the Purchaser or owner in the bidding process. Any condition requiring additions I laborr equipment, acid /or materials to complete the dril ling or concrete operations will require a Change Order before Company will complete the process_ Price quotes are based on a drilled pier food ng- Any variation wil I incur additional charges i.e. spread footings, concrete mat, sa nd, water, IandFil I, etc -E . Costs for footing and instal Iation do not incl ude any allowance for Enending below frost I ines Ithe additional costs for which vary by geograph ical region[. Exhibit A 303 Page 3 of 8 13) Changes in the Work- During the course of this project, Purchaser may order changes in the work jboth additions and deletions♦. Addilianallyr an approving agency may require dharhges in the work from the original design or engineering quoted and provided by the Company (both additions and -deletions-) The cost of these changes wil I he determined by the Company, and a Change order form must be completed and signed by both the Purchaser a nd the Comparry, which wil I detail the '%General Scope of the Change order". should any Change order be essential to the €omplebon of the projectr and the Purchaser refuses to authorize such Cha nge orderr then Company will be deemed to have performed its part of the project, and the project and services will he terminated. U pan such termination, Companyrwill submit final billing to Purchaser for payment, less a labor allowancefor work not performed but including additional dirges incurred druetothe stoppage- Ho credit will be al lowed for materials sold and supplied, which will remain the property of the Purchaser. 1S) Statementof Limited Warranty_ ■ The structural integrity of all suppl ied steel is warrarrted for ten years. ■ If assembly is provided by the Compa rryr workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly cif necessary)r cast of shippinrgr and reassembly. ■ All steel surface finishes a re warranted for one year. ■ 5hadesure-r Colourshade° M. eXtreme 32-r Com mercial95-r SaFPshade-. and hlonatec 3711" fabrics all carry a ten year limited manufacturers warranty against failure from significant fading, deterioration, breakdowN outdoor heat, cold, or disoakrration- Should the fabric need to be replaced under the warra My, the Company will manufacture and ship a new replacement fabric at era charge for the first six yea rs, thereafter pro -rated at 20% per yearover the remaining four years. The followiM are exceptions to the preceding warrantyterms: o Shadesure— fabrics in Red, Yellow, Atomicf3range, Electric Purple, asty time, Cinnamonr olive, and Mulberry carry a frve year pro -rated o Fa brie tops attached to Coolbrellam stru€tures carry a three year wana nty; o Individlual fabric tops measuring greater than 41Y in length are covered by a non -prorated five year warranty o Precontraint 542^• waterproof membrane is subject to an eight year pro -rated warranty- sewing apanty- sewing thread is warranted for ten years - General Limited warranty Terms and Conditions ■ These limited warra Mies are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed "Customer Checklist a nd sign -off' form. ■ In its sole discretion, the Company will repair and DF/replace defective structures, products or workmanshipr or refund that porion of the price related to the defective productr laborr or service rendered ■ The Company reserves the rightr in cases where certain fabric colors have been discontinued, to offer the Purchaser or owner a choice of available a Iternative calors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to disco Minue any color for any reason, without recourse by the Purchaser or owner of the discontinued fabric calor. ■ 5houldthe Purchaser or owner sell the structures to another party, the warranty cannot be transferred to the new owner without complete and thorough onsite inspection performed by a Com parry representative- P lease contact the Company at warra My@ usa-shade.cum fo r more deta ils- ■ All Warranty claims covering Company supplied structiuresr pmdrrct;r and services must he submitted by Purchaser or owner in writing to the Comparry within thirty days from the date of discovery of the a Ileged defect and must include a detailed description and a ppli€able photographs of the alleged defect or problem- warranty claims should be submitted by email to warranty@usa-shade.com. ■ Purchaser or owner agrees that venue for any court action to enforce these limited warranties shall be in the Riverside County in the State of California ■ These Ii m ited warn Mies are void if: o the supplied stru turesr products, services arndior labor are not paid for in full; o the structures a re not assembled in strict rom plian€e with U54 5HADE specifications; o any changes, modifications, additions, or attachments are made to the structures in anyway, without prior written approval from the Company. Spedfimlly, no signs, objects, fans, light fixtures, etc. may be hung fro mthe structures, unless specifically engineered by the Company. • These limited warranties do not cover defects and}or damages caused by: o normal wear andtear, o misuse, willful or intentional damager vandalismr roMart with dhemicalsr cuts and Acts of God ;i.e-tomado, hurricane, mk3v/macro5 burst, earthquake, wildfires, etc); o ice, snow or wind loads in excess of the designed load pa rameters engineered for the supplied structures; o use, maintenance, neglect; repair, and/or service inconsistent with the Company's written care and maintenance instructions, provided with the order - The limited warranties explicitly exclude: o workmanship related to assembly not provided by the company or its agents; o fabric curtains, valancesr and fiat vertical panels; o fabdc tops installed on structures that were not engineered and originally supplied by the Company. Exhibit A 304 Page 4of8 • THE COMPANY SHALL NOT BE LIABLE FOR ANY INC DENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITIi THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERACE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERMICE PROVIDED BY THE COMPANY. • THE FDREGOING LIM RED WARRANTY ISTHE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY'S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTI E5, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTH ER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WrrHOUT UMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF CDURSE OF DEALING OR PER FORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF TH IS LIMITED WARRANTY, WANTS ANY RIGHTS rr WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. Colour -,bade #and eXtmme 32 r are neGistered trademarks of Multikn it Pty. Ltd. Camntcrdal 9d'• and SaFRshade'• arc registered trademarks of Gale Padfic USA Inc. Manatee 3AR• is a registered tranemark of PRMNrr l ndustries Pty. Ltd. Precontraint 5A2'• is a r4A—ed trademark of Serie Fenari North Ammica. Inc. 16) AssemhlVflnstallatian: • Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structures) is to be placed. • Labor for the removalr assembly, andiorfreght charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Compa ny to be defective. In all cases where structures are not installed by Company, al I labor for the removal, assembly, a nd/OF freight of the structures will be the Purchaser's responsibil ityr. • Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. • If the requested services require Company access to Owner's premises, Company will he provided access to the owner's premises free and clear of debris, a utomobiles, or other interference Monday w Friday during the hours of B:OOam to fa:COpm, a bud Company will have access to water and electrical facil Sties during installation. Additional charges will apply if utilities are not easily accessible. where applicable, all vehicles will be moved prior to ComparWscrew beginning any insta Ilation. • Company will not he responsible for moving or repairing any underground A lity livres such as electrica I, telephone, gas, water, or sprinkler lines that may be encountered during installation. • Any additional costs incurred as a result of hard rock conditions: requiring extra equipment, util ityr removal or repair resulting in delay will result in additional charges unless they are detailed on as -built site drawings provided to Company or marked on the ground and communicated to Company in writiing prior to fabricatio n and instal lation. 17) Instal lationlAssemhly aur -site: Where i nstallatio rt/assembly is part of the servicesr Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exa€dy where the structures are to he assembled as well as detail ing any obstacles or other impediments that may cause the assembly process to be more difficult_ Any forture(s), e.g.r playgroundr poolsr etc., that the stn ictrres are to be assembled over must also he detailed, along with their peak heights �kf applicable). 18) ShtelWe Review by Purchaser: Company relies on the Purchaser to determine that the s[rurwres ordered are appropriate and safe for the arrner's installation site and}or intended use. Company is not respor►siblefor damages or injuries resulting fromi collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer. 19) Preparatory work: where instal latiogiassembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Campan y to reschedule the project In the event that Company is not notified and incurs an expense in attempting to execute the assemblyr a re -mobilization charge may be charged to Purchaser before Company wil I reschedule the assembly. 211) Delectation_ Subcontractors: The services and the manufa€turing and assembly of the structures may be performed try subcontractors under appropriate agreements with the Company. 21) Fore Ma jeure: Impracticability: The Company shal I not be charged with any loss or damage for fail Lire or delay in delivering o r assemhl ing of the structures when such Failure or delay is due to any cause beyond the control of the Company, due to compl iance with governmental regulations or orders, or due to any Acts of God, stri kes, lockoutsr slowdowns, wars, or shortages in transportation, materials or labor. Z2) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Riverside Cou nty, California by a singe arbitrator selected by the parties or by the American Arbitration Association, a nd conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof. 23) Entire Agree mento No Relia nce: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement_ Purchaser hereby acknowledges that it has not received or relied upon arry statemerrts or representations by Company or its agents which are not expressly stipulated hereinr including without limitation a ny statements as to the structures, wa rranties, or services provided hereunder. za) No Third -Party Beneficiaries: This agreement creates no third -party ruts or obligations between Company and any other person, i nd uding any Owner who is not also a Purchaser. it is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement. 25) Governing Law: The agreemerrt will be construed nd enforced in accordance with the laws of the State of Cal ifornia. 26) Assjgnmaor Purchaser may not assgLthis agreemertt, by operation of law or otherwise, wd outthe prior written consent of Company. The agreement shall be bindi ng upon and insure to the benefit of the Company a nd the Pu rchaser, and their successors and permitted assigns. Exhibit A 305 Page 5 of 8 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 306 Page 6 of 8 its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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. Exhibit A 307 Page 7 of 8 (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 308 Page 8of8 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 Four -Hundred, Eighty -Two Thousand, Three - Hundred and Fifty -Four Dollars ($482,354) ("Contract Sum"). Progress billings to be submitted by Contractor, final retention amount (5%) to be paid on completion and acceptance of the shade structure for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Exhibit C 309 Page 1 of 2 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Work shall commence on an agreed upon date on or around January 30, 2024, and terminate on completion and acceptance of installation on or before July 30, 2024. -2- 310 Exhibit D Special Requirements Contractor is responsible to pull required City permits (fees will be waived) and schedule required inspections. Contractor is responsible to pay re -inspection fees if incurred should the work not be completed in time for the inspection as called in by the contractor. Shade structure posts/frame is to be white with blue and yellow fabric colors. Contractor is responsible to ensure all measurements are accurate. Contractor is responsible for mobilization, storage of materials, site protection, and any required pedestrian and/or traffic control. ENGINEERINU NTS Code Blllidin.- Co 5F5yy LPC 2022 Wind Load 115 mph Snow Load 5 psf Drawing Size 11 X 17 No_ of Sealed drawings 1 Calculations Required Yes 0 EXCLUDED ❑ INCLUSIONSEXCLUSIONS REQUIREMENTSINCLUDED ENGINEERING Sealed Drawings & Calculations D EXCLUDED ❑ INSTALLATIONMISCELLANEOUS Prevailing Wage / Certified Payroll ❑ 0 Permit Submittal ❑ p Union Wages ❑ 0 Permit Fee ❑ 121 Fencing ❑ 0 DSA Submittal & Fees ❑ 0 water and Electrical ❑ ❑ Design and Engineering of Structure ❑ p Landscape Repair ❑ ❑ Design and Engineering of Foundation ❑ p Demolition (Existing Structures) ❑ ❑ Reactions and Loads for attachment to Walls, Rooftops, orOthe� ❑ 0 Payment and Performance Bonds ❑ ❑ Foundation Location and Elevation Survey I H Special Inspection Fees Exhibit D 311 Page 1of1 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer Exhibit E 312 Page 1 of 5 or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: Exhibit E Page 2of5 313 1. Contracting Party agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Exhibit E Page 3of5 314 Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Exhibit E Page 4 of 5 315 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit E Page 5of5 316 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 317 Page 1 of 2 d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F Page 2of2 318 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 PlayCore Wisconsin, Inc., dba GameTime ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Project No 2023-26 LQ Park Fitness Equipment 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 319 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. 320 -2- 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. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Fifty -Six Thousand, Two -Hundred and Eighty -Nine Dollars ($56,289), (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 Contract Sum may be approved by the Contract Officer, or assigned designee. Any 321 -3- 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 or around January 30, 2024, and terminate on or around June 30, 2024 on completion and acceptance of installation. This Agreement may be extended due to unforeseeable delays 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 322 -4- Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Playcore Wisconsin dba GameTime, Inc. P.O. Box 680121 Fort Payne, AL 35968 ATTN: Clint Whiteside (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: Dianne Hansen, M&O Superintendent It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as Dianne Hansen, Maintenance & Operations Superintendent 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. 323 -5- 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 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 324 -6- 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 325 -7- 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 326 -8- 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 327 -9- 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 328 -10- 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 Employ 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. 329 -11- No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Dianne Hansen, M&O Superintendent 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: PlayCore Inc., Wisconsin dba GameTime, Inc Attention: Clint Whiteside P.O. Box 680121 Fort Payne, AL 35967 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. 330 -12- 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] 331 -13- 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 Name: Clint Whiteside Title: Director of Sales in Name: Title: 332 -14- Exhibit A Scope of Services 1. Services to be Provided: Installation of Fitness Equipment at three locations around the perimeter walkway at La Quinta Park located at the corner of Blackhawk Way and Adams Street. &LARGE � FHEA G 5055 U LF: 1O1 o ro' 2' FUMETIG S'NiAOYAMCEn " FLTdAFi qC SF:dE33 fAml.�9l�sOussJ ,s' PU31-UP VS IW'yN1Z 1=`l � ti HMH/LOW 4OY9t1 3_SiE.} f ]StlBI o ro' x sc p• ,s' Exhibit A Page 1 of 6 Last revised summer 2017 333 AREA 42 SF: 460 LF: 59 ti. fir p.� �ALAWE BEAM 13591 5 13587 /r 5 rEP-1-P Fl1AM "TA90N 1MOR CAPTAINS CHAIR - Y b90.wD i�o"A: %.,�ERIEt) NDS FITNESS S'GH PACKAGE 1926 Exhibit A Page 2 of 6 334 51P -v Fu7FORNS dr a i67 33,-10" —E-Ul op AREA #3rnon A SF: 475 s LF: 84 C C 2 F. Exhibit A Page 3 of 6 335 THRIVE THRIVE 250 WELCOME SIGK 14911 8Am's""°0Qi (STANDARD) 14931 ti\ titi.. \. ti� t��1_._ cvuae srtaiP eErw —E-Ul op AREA #3rnon A SF: 475 s LF: 84 C C 2 F. Exhibit A Page 3 of 6 335 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 336 Page 4 of 6 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 Il, 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 337 Page 5of6 (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 338 Page 6 of 6 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Fifty -Six Thousand, Two -Hundred and Eighty -Nine Dollars ($56,289) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in one lump sum (minus the five percent (5%) retention) on completion of the installation of equipment 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. Exhibit B 339 Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Install new Fitness Equipment in three locations around the perimeter walking path at La Quinta Park. Work shall commence on an agreed upon date on or around January 30, 2024, and terminate on completion and acceptance of installation on or before June 30, 2024. Exhibit C 340 Page 1 of 1 Exhibit D Special Requirements Contractor is responsible for pedestrian traffic control, equipment storage, and construction fencing. Exhibit D 341 Page 1 of 1 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 Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such Exhibit E 342 Page 1 of 5 person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. 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: Exhibit E 343 Page 2 of 5 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Exhibit E 344 Page 3 of 5 Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Exhibit E 345 Page 4 of 5 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 346 Page 5 of 5 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 347 Page 1 of 2 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 348 Page 2 of 2 BUSINESS SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE A POLICY FOR FORMATION OF LAND -SECURED FINANCING DISTRICTS RECOMMENDATION Adopt a resolution to approve a policy for Formation of Land -Secured Financing Districts. EXECU +-IVE SUMMARY • The City's policy for the Formation of Land -Secured Financing Districts (Policy) was last updated in February 1999. A Policy review was subsequently conducted to align it with other City policies and updates to state laws. • Land -Secured Financing Districts (Districts) include Community Facilities Districts and Assessment Districts. The Districts are formed for the purpose of financing projects that address a public need and/or provide a public benefit. FISCAL IMPACT — None. BACKrROUND The City's Policy was last updated and approved in February 1999. The Policy sets forth policies and procedures regarding the formation of Community Facilities Districts and Assessment Districts, and is required under Government Code §53312.7. On October 17, 2023, Council considered amendments to meet legal requirements as well as to provide consistency, clarification, and facilitate more efficient processes. The proposed updated Policy is shown in Exhibit A to the accompanying resolution. The primary changes entail: • Addition of the applicable code sections and/or Act names that govern the formation of Districts. • Update of various City staff titles. • Increase of deposit amount to adequately cover professional services at current market rates. • Clarification regarding minimum District size, and addition of alternative financing programs should the City's minimum not be met. 349 • Additional section regarding how special taxes will be calculated and levied, and specifying maximum tax rate and maximum annual escalator. • Addition of Joint Community Facilities Agreements and Enhanced Infrastructure Financing Districts. ALTERNATIVES Council may approve as presented, incorporate changes, or request further review. Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Jon McMillen, City Manager 350 RESOLUTION NO. 2024 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A POLICY FOR FORMATION OF LAND -SECURED FINANCING DISTRICTS WHEREAS, the Mello -Roos Community Facilities Act of 1982, the Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 allow for the use of certain types of debt financing secured by land values, when the proceeds of such debt are utilized for projects that address a public need and provide a public benefit; and WHEREAS, California Government Code Section 53312.7 requires that a local agency adopt local policies concerning the use of the Mello -Roos Community Facilities Act; and WHEREAS, a land -secured financing policy provides transparency to citizens and developers who may wish to initiate proceedings to establish a Community Facilities Districts and/or Assessment District; and WHEREAS, a land -secured financing policy provides a guideline to city employees for consideration of, and subsequent formation of, Community Facilities Districts and/or Assessment Districts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Resolution No. 1999-24 adopted on February 2, 1999, is hereby repealed, and this Resolution supersedes all prior land -secured financing district policies adopted by Council. SECTION 2. The land -secured financing district policy attached hereto as Exhibit A and incorporated herein by this reference shall govern the establishment of Community Facilities Districts and Assessment Districts. SECTION 3. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other 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 5. This Resolution shall become effective upon adoption. The Formation of Land -Secured Financing Districts Policy adopted by this Resolution shall go into effect immediately. 351 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 2 of 14 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of January 2024 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California 352 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 3 of 14 EXHIBIT A POLICY FOR FORMATION OF LAND -SECURED FINANCING DISTRICTS INTRODUCTION This Policy for Formation of Land -Secured Financing Districts (the "Policy") contained herein provides guidance and conditions for the conduct by the City of La Qunita (the "City") of proceedings for, and the issuance of bonds secured by special taxes and assessments levied in, a community facilities district ("CFD") or assessment district ("AD"). CFDs and ADS together are referred to as "Districts" in the plural or "District" in the singular. Pursuant to Sections 53311 et seq., of the Government Code and Mello - Roos Community Facilities Act of 1982 (the "CFD Act"), the City is authorized to form a CFD. Pursuant to the Streets and Highways Code under Sections 5000 et seq. and the Municipal Improvement Act of 1911, Sections 8500 et seq. and the Improvement Bond Act of 1915, and Sections 10000 et seq. and the Municipal Improvement Act of 1913 (collectively the "AD Acts"), the City is authorized to form an AD. Any portion of the Policy may be supplemented or amended or deviated from upon a determination by the City Council that such supplement, amendment, or deviation is necessary or desirable. It is the City's goal to support projects that address a public need and provide a public benefit. Proposed projects requesting special assessment or community facility district debt financing will be evaluated to determine if such financing is financially viable and in the best interest of the City as well as current and future City and project residents. The City will consider developer or property owner -initiated applications requesting the formation of CFDs or ADS and the issuance of bonds to finance eligible public facilities necessary to serve newly developing residential, commercial, or industrial projects. The types of public facilities eligible to be financed include, but are not limited to: streets, roads, utility facilities, drainage facilities, or regional public facilities. Parks and library facilities may be financed on a case-by-case basis. Additionally, the City may finance any one or more of the types of services specified in Section 53313 of the CFD Act. Facilities and services will be financed in accordance with the provisions of the CFD Act and AD Acts. Existing residential neighborhoods may apply to the City for the use of the assessment financing to fund local or neighborhood -serving facilities, such as undergrounding utilities, storm drains, streets, alleys, and sidewalk improvements, in accordance with the AD Acts. The City shall make the determination as to whether a proposed District shall proceed under the provisions of the AD Acts or the CFD Act. The City may confer with other District consultants and the applicant to learn of any unique District requirements, such as regional serving facilities or long-term development phasing, prior to making any final determination. All City and consultant costs incurred in the evaluation of new development, District applications and the establishment of Districts will be paid by the applicant(s) by advance 353 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 4 of 14 deposits in those instances where a proposed District has been initiated by a party or parties other than the City. The City may incur expenses for analyzing proposed assessment or community facilities districts where the City is the principal proponent of the formation or financing of the District. Expenses not legally reimbursable by the District shall be borne by the applicant. OVERVIEW OF APPLICATION PROCESS Early communication with the City is encouraged to assist applicants in evaluating the feasibility of available financing programs and to discuss program procedures. The following details a typical District application review and approval process. A. Pre -application Conference: Applicant meets with representatives of any potentially affected City departments, which may include the Design & Development Director, Business Unit/Housing Director, the Finance Director, and/or their designee(s) to discuss the proposed project and application procedures. B. Pre -application Submission: Applicant submits a pre -application with a $50,000 deposit. C. Project Review: The City Staff and/or consultants will meet to discuss the pre- application, including any issues raised and further information that might be required. If necessary, applicant submits revised pre - application. Once the District's application is accepted by City Staff, it will be reviewed by a City assessment and financing team consisting of, but not limited to, the City Manager, Design & Development Director, Business Unit/Housing Director, Finance Director, City Attorney, and/or their designee(s), based on the needs of the project. If the project is denied, a letter will be sent advising the applicant of the denial. If the project is to be considered, an application packet will be sent to the applicant. D. Application Processing: Upon City Staff's determination that the application package is complete, City Staff prepares a report to the City Manager, or the Manager's designee, who will then forward the application for district formation and project financing, along with the City Manager's recommendation of additional financing team members or consultants, to the City Council for further action. If the City Manager determines that the project does not meet the community's social or economic needs, the deposit, less incurred expenses, will be refunded to the applicant. If the applicant retracts their application, the deposit may be refunded less incurred expenses. E. City Council Consideration: The City Council approves or denies the application. If approval is granted, the City Council directs the City Manager, or the designee, to engage additional consultants, which may 354 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 5 of 14 include, but not be limited to; a certified appraiser, price point consultant, market absorption study consultant, special tax consultant, municipal advisor, underwriter, bond counsel, disclosure counsel, fiscal agent, trustee, and assessment engineer. This includes issuance of Requests for Proposals, negotiation of necessary contracts, and the collection of additional developer deposits as may be necessary. F. Project Initiation: City Staff submits contracts, reimbursement agreements, bonddocuments, and other pertinent items for consideration to the City Council, as required. G. Project Implementation: Applicant, City Staff, and consultants meet to determine preliminary project schedule and begin work necessary to complete District formation and financing. PROGRAM REQUIREMENTS A. District Size: In general, the City will not form a CFD, or improvement areas within a CFD, and issue bonds for projects with less than 100 units for reasons of cost effectiveness and default risk mitigation. The District formation of smaller CFDs, or improvement areas within a CFD, will be considered on a case-by-case basis. Please refer to Section IV for "Alternative Financing Mechanisms". B. Eligible Public Facilities and Services: Facilities to be financed must be public facilities ("Public Facilities") for which the City, or a public agency as determined appropriate by the City, will be the owner or will have normal operating and maintenance responsibility. The financing of Public Facilities to be owned and operated by public agencies other than the City shall be considered on a case-by- case basis (see Section IV. A for a discussion of JCFAs). The types of Public Facilities eligible to be financed include, but are not limited to: 1. Streets and Roads. 2. Utilities and Drainage Facilities. 3. Regional Public Facilities (as permitted under the CFD Act). Parks and library facilities may be financed on a case-by-case basis. The City has final determination as to any facility's eligibility for financing, as well as the prioritization of Public Facilities to be included within a District financing. Use of bond proceeds for grading and right-of-way acquisition will be reviewed by the City and bond counsel on a case-by-case basis. Additionally, the City may finance any one or more of the types of services specified in Section 53313 of the CFD Act. Priority for CFD financing shall be given to services provided by or directly benefiting the City and, if multiple services are 355 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 6 of 14 to be financed, with no service having priority over another service; provided, however, the City has final determination as to any service's eligibility for financing. The City shall not finance services on behalf of other public agencies. C. Use of Consultants: The City shall either select or have the right of refusal over all consultants necessary for the formation of the District and the issuance of Bonds, including the underwriter(s), application analysis consultants, bond counsel, disclosure counsel, fiscal agent, trustee, municipal advisor, assessment engineer, appraiser, market absorption and/or price point consultant, and the special tax consultant. The appraiser should be credentialed by the State of California Office of Real Estate Appraisers and be a Member of the Appraisal Institute (MAI) and the appraisal shall be conducted in accordance with criteria, standards and assumptions in accordance with the California Debt and Investment Advisory Commission (CDIAC) Appraisal Standards for Land -Secured Financings and reflect the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. City Staff may confer with the applicant, but consent of the applicant is not required in the determination by the City of the consulting and financing team. The need for district consultants and the scope of their services shall be determined by City Staff on a case-by-case basis with consideration given to market conditions and the nature of the District and financing(s). D. District Cost Deposits and Reimbursements: All City and consultant costs incurred in the evaluation of District applications and the establishment of Districts shall be paid by the applicant through advance deposits. The City shall not incur any expenses for processing and administering ADS or CFDs. Expenses not chargeable to the District shall be directly borne by the applicant. Each pre -application for the formation of an AD or CFD shall be accompanied by a $50,000 initial deposit to fund consultant and staff costs associated with district review and implementation. If the costs incurred or projected will cause the balance of the deposit to fall below $5,000, the City shall make written demand upon the applicant for such funds sufficient to cover such costs and the applicant shall comply with the demand within fourteen (14) calendar days of receipt of such notice. If the applicant fails to make any deposit of additional funds for the proceedings, the City may, as its sole option, suspend all proceedings until receipt of such additional deposit. The deposits shall be used by the City to pay costs and expenses incurred by the City incident to the proceedings, including, but not limited to, legal, engineering, appraisal, special tax consultant, application analysis consultants and financial advisory fees and expenses; administrative costs and expenses; required notifications; and printing and publication of legal matters. The District shall refund any unexpended portion of the deposits upon the following 356 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 7 of 14 conditions: 1. The District is not formed; 2. The proceedings for formation of the District or issuance of Bonds is disapproved by the City; or 3. The proceedings for formation of the District or issuance of Bonds is abandoned in writing by the applicant. Pursuant to the adoption of a reimbursement resolution, and in accordance with any and all applicable laws and regulations, the applicant shall be entitled to reimbursement from Bond proceeds for all reasonable costs and expenses incident to the proceedings and construction of the Public Facilities as provided under the CFD Act or AD Acts. All such costs and expenses will be limited to those District -related consultants hiredby the City and invoices shall be verified by the City as a condition of reimbursement. The applicant or property owner shall not be entitled to reimbursement from Bond proceeds for any of the expenses specified as follows: In-house administrative and overhead expenses incurred by the applicant; 2 Interest expense incurred by the applicant on moneys advanced or expended during the proceedings and construction of public facilities; and 3. Any other costs and expenses incurred by the applicant which are not otherwise authorized for reimbursement under the CFD Act, the AD Acts, or any other applicable laws and regulations. Under no circumstances shall the City accrue or pay any interest on any portion of the deposit. Neither the City nor the District shall be required to reimburse the applicant or property owner from any funds other than the proceeds of Bonds issued by the District. E. Developer Support: In the instance of multiple owners, the applicant shall be required to produce letters evidencing support by the other property owners for the scope and establishment of the district as an attachment to the District application. Formation of the district may require concurrence of 100% of the other property owners to be included in the proposed district, unless there is an overriding need for the Public Facilities, or the applicant is willing to separately fund the Public Facilities on the non -participating property(s). 357 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 8 of 14 The minimum amount of requested financing that will be considered by the City is three million dollars ($3,000,000) net bond proceeds with no more than 10% for engineering and design costs. Please refer to Section IV for "Alternative Financing Mechanisms". F. Property Owner Support - Existing Neighborhoods: In the instance of multiple property owners, the applicant shall be required to produce letters evidencing support by the other property owners for the scope and establishment of the District as an attachment to the District application. Formation of the District will require proof of overwhelming support of the other property owners to be included in the proposed District, unless there is an overriding need for the Public facilities, or the applicant is willing to separately fund the Public Facilities on the non -participating property(s). G. Land Use Approvals: The City will accept applications for the formation of ADS and/or CFDs only when properties to be included within a proposed district have City site plan and other applicable zoning approval. H. Security: For new development, the applicant or property owner must demonstrate its financial plan and ability to pay all assessments and/or special taxes before full build -out has taken place. Additional security such as credit enhancement may be required by the City in certain instances. If the City requires letters of credit or other security, the credit enhancement shall be insured by an institution in a form and upon terms and conditions satisfactory to the City. All fees payable on the letter of credit or other security shall be the sole responsibility of the applicant or developer, not the City or the District. Any security required to be provided by the applicant shall be discharged by the City upon the opinion of a certified appraiser retained by the City, that a value -to -lien ratio of 4.0 to 1 (as described further herein) has been attained. Prior to the City Council's approval of District formation, any property owner that will be responsible for more than twenty percent (20%) of the aggregate special taxes or assessment installments within the District will, at City Staff's request, provide detailed information regarding the following: 1. Legal structure of the title -holding entity, and the legal structure of the owners or partners thereof; 2. Detailed, externally prepared financial statements of the property - owning entity and, if the owning entity is a subsidiary or affiliate of another entity, detailed audited financial statements of such parent or affiliate are required; 3. A list of bank, credit or investment references who the City may 358 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 9 of 14 contact; 4. A list of other cities or agencies in which the developer or its parent or affiliate company have participated in financing district formation and bond sales; and 5. A comprehensive property development financial pro forma detailing development costs and funding sources, whether from equity, bank, investor or bond proceeds sources. The pro forma must clearly identify the timing and amount of private funds required to develop the project and pay the installments or taxes pending project completion and sale. The developer will be expected to demonstrate the level of certainty of obtaining and the sources of such private funds. The City will use the above information in assessing whether or not to proceed with formation of the District. Disclosure to Purchasers: The applicant or property owner will be required to disclose this and any other special tax, assessment or other liens on individual parcels to existing and future property owners. In addition to all requirements of law, the City may require the applicant to provide disclosure of such information to the purchasers of property within the District and the terms and conditions of Bonds issued on behalf of the District. Such disclosure requirement may include notifications to potential property purchasers, as well as methods to notify subsequent property purchasers. J. Value -To -Lien Ratio: The District (or improvement area) property value -to -lien ratio should be at least 4.0 to 1 after including in an appraisal the value of the financed Public Facilities to be installed and including as part of the lien any prior or pending special taxes or improvement liens. Individual properties within the boundaries of the proposed District must also meet a minimum value -to -lien test of 3.0 to 1 on a parcel -by -parcel basis. The value -to -lien ratio shall be determined based upon an independent certified appraisal of the proposed District. The appraisal shall be coordinated by and under the direction of the City. All costs associated with the preparation of the appraisal report shall be paid by the applicant through the advance deposit mechanism. The appraisal shall be conducted in accordance with criteria established by the City. In every case, the appraisal shall employ either a discounted cash flow analysis or use bulk sale comparables. Upon receiving an appraisal and determining the value -to -lien ratio, the City shall apply the following criteria: If the value -to -lien ratio is 4.0 to 1 or greater, the City will not require 359 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 10 of 14 a letter of credit or other security to secure payment of the special taxes or assessments to be levied annually on properties within the District. However, letters of credit or other security may be required for individual parcels within the District that have a value -to -lien of less than 3.0 to 1. 2. If the value -to -lien ratio is less than 4.0 to 1, the City shall require letters of credit or other security to secure payment of the special taxes or assessments on properties within the District or may elect to abandon the District. K. Special Taxes: Special taxes shall be levied according to the respective Rate and Method of Apportionment, however special tax formulas for CFDs shall provide for minimum special tax levels which satisfy the following obligations of all CFDs: (a) at least 110 percent (110%) of debt service on all CFD bonds due each year, (b) the reasonable and necessary administrative expenses of the CFD, and (c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the CFD. The special tax formula shall be reasonable and equitable in allocating public facilities' costs to parcels within the CFD. The maximum special tax authorized to be levied on any parcel to finance the acquisition or construction of public facilities shall not escalate more than two percent (2%) per year. The annual administrative expenses may also escalate up to two percent (2%) per year. The maximum special tax authorized to be levied on any parcel, whether authorized to be used for residential or non-residential purposes, to finance maintenance, rehabilitation or services may be subject to annual escalation as provided for in the rate and method of apportionment of such special taxes to compensate for inflationary increases in the costs of providing such maintenance and services. The increase in the special tax authorized to be levied on any parcel within a CFD as a consequence of delinquency or default by the owner of any other parcel may not exceed the maximum tax, if any, specified in the CFD Act. The City does allow the levying of the special tax for pay-as-you-go (PayGo) purposes before CFD bonds are issued. After the last bond sale and the lien closes, the City will levy only enough special taxes to meet the requirements outlined in the first paragraph of this section. The City will limit special tax rates for Districts to a reasonable level to protect ratepayers. 1. The total cumulative burden of all applicable special district overlapping taxes applied to a property (the "effective tax rate") will be at or below two percent (2%) at the time the District is formed and at the time of debt 360 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 11 of 14 issuance; 2. The effective tax rate will be evaluated no earlier than 90 days prior to the pricing of any proposed debt issuance. If the effective tax rate is above two percent (2%) at the time of evaluation, the size of the proposed debt issuance will be adjusted to bring the effective tax rate within compliance of the two percent (2%) effective tax rate policy requirement; and 3. The property developer/seller shall provide a written notice of the special tax to the homebuyer prior to close of escrow. The City may require the property developer to provide documentation and certification of compliance with special tax disclosure obligation prior to the issuance of debt. L. Terms and Conditions of Bonds: All terms and conditions of the bonds shall be established by the City. The City will control, manage and invest all District issued Bond proceeds. Unless otherwise authorized by the City, the following shall serve as Bond requirements: 1. In most cases, a reserve fund equal to the lesser of (i) 10% of the original proceeds of the bond issue, (ii) the maximum annual debt service on the bonds, or (iii) 125% of the average annual debt service on the bonds will be required. A smaller reserve fund may be required by the City for bond issues where development thresholds identified by the City have been met. A reserve fund may not be required for direct placements. 2. The special taxes or annual assessments shall be levied for the first fiscal year following sale of the Bonds for which they may be levied. Interest shall not be funded (capitalized) beyond the earliest interest payment date for which sufficient special tax revenues or annual assessment will be available for payment of interest. 3. The repayment of principal shall begin on the earliest date for which sufficient special tax revenues or annual assessments can be made available. 4. Beginning with commencement of the repayment of principal, annual debt service shall be level. 5. The maximum special tax shall be established to assure that the annual revenueproduced by levy of the maximum special tax shall be equal to at least 110% of the average annual debt service. 6. In instances where multiple series of Bonds are to be issued, the City shall make a final determination as to which Public Facilities are of the 361 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 12 of 14 highest priority and those Public Facilities will be financed first and will be subject to the earliest or most senior lien. 7. The City may require that each new District bond financing refund any prior liens, if they exist on properties included in the District in order to avoid subordinated liens. Instances where prior liens may not require refunding are: (1) where refunding prior liens will result in higher interest cost, (2) where there can be assurance that prior liens may pose no marketing problems for the new District Bonds, or (3) where refunding prior liens may present future administrative difficulties to the City or other affected public entities. ALTERNATIVE FINANCING MECHANISMS A. Joint Community Facilities Agreements: The funding of public facilities to be owned and operated by public agencies other than the City shall be considered on a case-by-case basis. If the City implements a special district program involving facilities to be ultimately owned and operated by the City and certain other fees and/or facilities to be owned and operated by another entity, the City will be the lead agency and after entering into a Joint Community Facilities Agreement (JCFA) with the other agency(ies), priority of funds will be established, with the City's cost for facilities and fees being the first priority. A minimum of 50% of the public improvements must be dedicated to the City. For JCFAs where the City is not the lead agency, the City will consider entering into a JCFA only if the applicable lead agency agrees that (i) if and when the lead agency determines to issue bonds, the lead agency shall take such actions necessary in its reasonable discretion to ensure the total effective tax rate within the applicable District does not exceed two percent (2%) at the time of bond sale, and (ii) lead agency shall not include the City's name on property owners' special tax bills within the lead agency CFD. JCFAs must be entered into prior to, or at the time of, formation of the District or not later than first bond sale. B. Enhanced Infrastructure Financing Districts (EIFDs): California Government Code Sections 53398.50-53398.88 ("EIFD Law") enables cities and counties in the state of California to form enhanced infrastructure financing districts ("EIFDs") as a means of funding public improvements that provide community wide benefit. An EIFD may finance the purchase, construction, expansion, or improvement of projects with a useful life of 15 years or longer, as well as ongoing capitalized maintenance of such projects. To fund such improvements, the EIFD Law provides that an EIFD may issue bonds payable from or utilize pay-as-you-go revenue generated from, property tax increment and certain other revenues of participating forming entities. The net effect is that in EIFD areas, the City will realize tax revenues on a portion of the taxes generated in an EIFD area including: 362 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 13 of 14 1) on the "frozen" tax base; and 2) on the remaining portion of increment, after the City Council approved percentage of increment has been allocated to the EIFD. EIFDs can be used instead of CFDs, or in conjunction if structured so that the tax increment generated from the project under the EIFD will be sufficient to cover the debt service on the CFD bonds. Generally, because tax increment revenue is the result of increases in assessed value within the district, an EIFD will be most effective in areas with significant portions of undeveloped or underdeveloped land. The City does not prohibit the establishment of EIFDs. Formation of a new EIFD and debt issued for an EIFD will be considered on a case-by-case basis, upon evaluating feasibility, cost benefit, and a review of financing tools to complement an EIFD measure. C. Alternative Financing Programs: The City recognizes alternative financing programs such as: (i) the Statewide Community Infrastructure Program (SCIP) offered through California Statewide Communities Development Authority (CSCDA); (ii) the Bond Opportunities for Land Development (BOLD) program offered through California Municipal Finance Authority (CMFA); and (iii) the Bonds Assisting New Development (BAND) program offered through California Enterprise Development Authority (CEDA). If such a program has not already been approved by the City, the City does not prohibit such programs to apply for CFD formation and financing. If the proposed CFD or improvement areas within a CFD is comprised of more than 100 units and/or more than three million ($3,000,000) in amount of requested net bond proceeds, the City will be the lead agency (in the absence of a JCFA). If the proposed CFD or improvement areas within a CFD is comprised of less than 100 units and/or less than three million ($3,000,000) in amount of requested net bond proceeds, the alternative financing programs described in this section may apply. Disclosure The City shall determine, in its sole judgment after consultation with attorneys and experts, what financial and development information provided by the developer will be disclosed in the Official Statement for the bonds. The City intends to generally follow the procedures and recommendations set forth in the California Debt Advisory Commission's publication Disclosure Guidelines for Land -Based Securities. The developer will be required to review such disclosure, and to sign a certificate that the disclosure is complete and accurate, and that it does not fail to include material facts. The City will also determine, in its sole judgement, after consultation with attorneys and experts, what financial and development information provided by the developer will be included in annual secondary market disclosure materials required by Securities and Exchange Commission Rule 15c2-12. The developer will execute an agreement with the City pledging to provide the required data according to a given schedule. Generally, the developer's obligation to provide continuing disclosure data will terminate when the developer's share of total debt service revenues falls below a threshold of 20%. 363 Resolution No. 2024 — XXX Formation of Land -Secured Financing Districts Policy Adopted: January 16, 2024 Page 14 of 14 The City will make its best efforts not to disclose any information in the initial offering not reviewed and approved by the developer(s). Applicants should be aware that, absent such review and approval, the City may not issue any bonds. Acquisition Provisions The City generally will provide for acquisition Districts. The City shall have final determination as to whether and to what extent it will allow the financing of Public Facilities through acquisition. In the event the acquisition provisions of the AD Acts or CFD Act are used, the City and the applicant or property owner shall mutually agree upon Public Facilities to be acquired and the method of determining reasonable acquisition cost. A funding and acquisition agreement shall be required and approved by the City Council on or prior to the adoption of the resolution of intention to form the District. Exceptions to these Policies The City may find in limited and exceptional instances that a waiver to any of the above stated policies is warranted given identified special City benefits to be derived from such waiver. Such waivers are granted only by action of the City Council and based upon specific public purpose, economic and/or health and safety findings. 364 BUSINESS SESSION ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2022/23 GENERAL FUND YEAR- END BUDGET REPORT AND APPROVE THE AMENDED BUDGET CARRYOVERS RECOMMENDATION Receive and file Fiscal Year 2022/23 General Fund Year -End Budget Report and approve the amended budget carryovers from 2022/23 to 2023/24. EXECUTIVE SUMMARY • After closing the prior fiscal year, Finance presents a year-end summary that compares the final budget to actual transactions. • Revenue was approximately $5.6 million higher than budgeted. Expenditures (including approved carryovers from 2021/22 into 2022/23) were $48.3 million under budget. Of these savings, approximately $25.2 million will be carried over to 2023/24 for General Fund capital improvements and operations, for a net savings of $23.1 million. In addition, $13.8 million was allocated to Measure G reserves. FISCAL IMPACT Amended budget carryovers from 2022/23 to 2023/24 total $32,846,582 for all Funds and are funded with budgetary savings from 2022/23. General Fund (101) - Operating General Fund (101) - Capital Improvements Gas Tax Fund (201) Lighting & Landscape Fund (215) Housing Authority Fund (241) RDA Low -Mod Housing Fund (243) 2011 Bond Fund (249) Facility and Fleet Replacement Fund (501) Information Technology Fund (502) Park Equipment & Facility Fund (503) $ 950,000 $ 2,600,009 $ 13,000,000 $ 22,623,372 $ 300,000 $ 300,000 $ 100,000 $ 167,000 $ 400,000 $ 400,000 $ - $ 50,000 $ 3,624,192 $ 4,961,201 $ 150,000 $ 700,000 $ - $ 195,000 $ 200,000 $ 850,000 TOTAL CARRYOVERS BY FUND $ 18,724,192 $ 32,846,582 365 BACKGROUND/ANALYSIS The Fiscal Year 2022/23 General Fund Year -End Budget Report (Report) focuses on the General Fund. Revenues were over budget by $5,656,391 mostly due to tax revenues. Overall, all department expenditures were under budget with total savings of $48,300,324. Of these savings, $25,223,381 will be carried over to 2023/24 for multi-year capital projects and operations. Revenues, expenditures, carryovers, reserve balances, and a year -over -year comparison are discussed in the Fiscal Year 2022/23 General Fund Year -End Budget Report (Attachment 1). ALTERNATIVES Council may request additional information regarding this report before approving the recommended amended budget carryovers. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Fiscal Year 2022/23 General Fund Year -End Budget Report . ^. /_11ir_T41:I►yi14Z11aI ta �W CALIFORNIA FISCAL YEAR 2022/23 GENERAL FUND YEAR-END BUDGET REPORT OVERVIEW The City oversees multiple sources of funds which are reported in the Annual Comprehensive Financial Report (ACFR) issued annually and presented at a public meeting shortly thereafter. This Fiscal Year 2022/23 Budget Report (Report) focuses on the General Fund and summarizes the overall financial activities of fiscal year (FY) 2022/23 and the City's financial position through June 30, 2023. The chart below provides a summary comparison of the FY 2022/23 final budget versus actual revenues and expenses. Despite ongoing economic pressures, the City ended FY 2022/23 in a solid fiscal position as demonstrated by revenues exceeding budgetary projections, and expenditure savings which has helped build the City's reserves and remain in strong financial standing. As the City continues to remain fiscally strong, staff will closely monitor economic conditions while identifying strategic financial priorities and addressing critical needs such as infrastructure and capital improvement projects. 367 Operational revenues were approximately $5.6 million over budget, and expenses after adjustments, carryovers, and reserve savings were about $12.5 million under budget resulting in a budget surplus of $18.2 million. Due to reimbursement of federal funding, the surplus includes $7.5 million of Measure G reserves that was replenished for the Dune Palms Bridge project. REVENUE VARIANCE; As detailed in Exhibit A and summarized on the chart below, most General Fund revenues experienced positive variances when compared to the final budget. Tax Revenue 61,746,700 65,145,998 3,399,298 6% Licenses & Permits 3,461,200 3,994,913 533,713 15% Intergovernmental 9,378,000 9,989,060 611,060 7% Charges for Services 1,391,100 1,558,859 167,759 12% Fines, Forfeitures &Abatements 522,000 563,495 41,495 8% Use of Money & Property 2,855,000 2,161,178 (693,822) -24% Miscellaneous/Transfers In 6,395,100 7,479,742 1,084,642 17% Total Revenues 85,749,100 90,893,246 5,144,145 6% Investments Fair Market Value Adjustment 893,437 893,437 RDA Loan Interest Earned, Extraordinary Gain (381,192) (381,192) 512,245 512,245 • Taxes represent 72% of all General Fund revenues and include the three largest funding sources for the City — sales taxes $28,888,079, transient occupancy taxes (TOT) $16,687,728, and property taxes $11,223,765. Combined, these top three revenues account for $56,799,572 or 87% of all taxes. • Licenses and permits continued to overperform as a result of new housing projects accelerating as residential and commercial property values remain high and lumber prices dropping significantly over the prior year. • Use of Money and Property includes the annual fair market value adjustment to the City's investments. In FY 2022/23 the portfolio holdings were valued less than book value due to market conditions, therefore a negative adjustment in the amount of $893,437 was recorded. The City's investments have a five-year horizon with laddered maturities. The City has worked diligently to leverage highly restricted investments under volatile market conditions. On June 30, 2022, the portfolio was earning a 0.79% rate of return and on June 30, 2023 the return was 2.09%. 368 • Miscellaneous and Transfers In revenue includes $381,192 to record the annual former Redevelopment Agency loan repayment interest earned in FY 2022/23. The loan repayments are structured to pay all principal first, then interest. Each year the City records the payment received and interest earned in accordance with the State Department of Finance approved loan repayment schedule. This amount is also reduced from revenues as an adjustment because it is earned, but not received until a future date. EXPENSE VARIANCES General Fund expenses are summarized in the chart below by department, and details by department and expense category are located in Exhibit B. All departmental expenditures remained within budget. Savings were achieved from vacant positions, workflow efficiencies, and prudent management of contract and professional services. City Council 354,700 312,671 (42,029) - City Manager 1,326,164 1,083,016 (243,148) City Attorney 796,000 358,188 (437,812) - Human Resources 591,898 439,030 (152,868) 49,500 City Clerk 1,264,079 996,957 (267,122) - Finance 1,610,216 1,560,869 (49,347) - Centralized Services 61,817,234 20,949,055 (40,868,179) 24,310,381 Police 18,269,800 16,244,512 (2,025,288) 34,500 Fire 9,296,722 7,702,139 (1,594,583) 358,000 Community Resources Admin. 883,980 740,952 (143,028) - Wellness Center Operations 757,040 717,948 (39,092) - Recreational Programs & Events 1,498,751 1,099,230 (399,521) - Parks Maintenance 3,207,347 3,107,294 (100,053) 74,500 Marketing & Community Relations 1,833,378 1,648,064 (185,314) - Public Buildings 1,553,936 1,504,048 (49,888) - Design & Development Admin. 775,228 771,529 (3,699) - Planning 749,304 652,601 (96,703) - Building 1,457,240 1,386,587 (70,653) - Code Compliance/Animal Control 1,677,746 1,571,807 (105,939) - The Hub 1,244,439 996,706 (247,733) - Public Works Administration 800,848 625,176 (175,672) - Public Works Dev. Services 514,551 413,090 (101,461) - Streets 773,415 474,366 (299,049) - Engineering Services 1,248,656 646,511 (602,145) 396,500 Total Operating/CIP Expenditures 114,302,672 66,002,347 (48,300,324) 25,223,381 Estimated Actual Variance Carryovers to 2023/24 Capital Improvements 22,623,372 22,623,372 Operational 2,600,009 2,600,009 Total Carryovers 25,223,381 25,223,381 IVAWZ"MV.., IIIIIIIIIIIIIII[rxiI Plus Measure G Reserves 3,353,000 13,859,148 10,506,148 369 • Centralized Services (CS) represents the largest budget variance in the amount of $40.8 million. CS captures citywide expenses such as pension liabilities, retiree medical benefits, and transfers out to other funds such as the Gas Tax Fund for street improvements, Lighting and Landscape Fund, SilverRock Golf Course Fund, Public Safety Fund, Economic Development Fund and the Capital Improvement Project Fund. This department also has the greatest amount of carryovers to FY 2023/24 to fund multi-year capital improvement projects in the amount of $22,623,672 as detailed in Exhibit C, which is mainly attributed to projects currently in progress such as the Dune Palms Bridge project and road improvements. Capital improvement carryover funding ($9,528,039 or 42%) is provided from Measure G sales tax revenue. • To ensure funds are available for critical services such as Police and Fire, the City budget incorporates the rates originally disclosed by the County. FY 2022/23 savings are derived from enhancing and modifying resources post pandemic. o For Police services, savings of $2,025,288 were a result of prudent management of contract service costs, along with carryovers totaling $34,500 for vehicle and bicycle upgrades. o For Fire services, savings of $1,594,583 include $358,000 for a Fire ladder truck purchase to be carried over to FY 2023/24, the remaining overage was the result of tax revenues exceeding projections and expenditure savings in contract service costs and salary and benefits. • The Recreational Programs and Events savings of $399,521 were a result of effective management of citywide events including the La Quinta Art Celebration. • The Engineering Services department savings of $602,145 were mainly derived from contract service savings and La Quinta's share of the CVAG Art & Music Line in the amount of $196,500 to be carried over to FY 2023/24. Capital Improvement Program (CIP) carryovers, detailed in Exhibit C total $22,623,372 and operational carryovers, detailed in Exhibit D, from FY 2022/23 to FY 2023/24 increased by $1,650,009 from the original anticipated amount of $950,000 to $2,600,009. Carryovers allow for operational flexibility and reflects City commitments to projects, services or purchases that were made in 2022/23 but were not completed, fulfilled, or paid for by the end of the fiscal year. Funds not being carried over are recognized as Unassigned Reserve Fund balance in the General Fund. CIP revenue commitments are reflected in assigned reserves and operational carryovers are noted in committed reserves. 370 RESERVES The chart below depicts reserve balances by category and the value change from June 30, 2022 to June 30, 2023. These reserve balances reflect the financial health of the City at fiscal year-end. Non -spendable balance decreased by a total of $2,235,550 and included an increase in prepaid costs. The FY 2022/23 Redevelopment Agency loan repayment of $2,695,745 and interest earnings of $381,192 resulted in a decrease of $2,314,553 in Due from Other Governments. • The Due from Other Governments balance of $19,600,793 represents the principal ($7,732,642) and interest ($11,868,151) owed to the General Fund (80% of total loan repayments). Non -spendable reserves cannot be used to fund ongoing operations and primarily represent commitments due to the General Fund. Restricted reserves are limited to funds held in a Section 115 Pension Trust set aside to fund the City's pension obligations. The trust balance resulted in a decrease in total value of $4,820,401 primarily due to utilizing pension trust funds in the amount of $5 million to pay down the City's unfunded pension liability. 371 Committed reserves increased by $10.3 million due to operational carryovers as detailed in Exhibit D and additional funding for reserve categories. During the FY 2022/23 mid -year budget report, the Unassigned balance was reduced by $9,000,000 and used to fund the following reserves: • $5,000,000 for Natural Disaster Reserve • $2,000,000 for Economic Disaster Reserve • $2,000,000 for Capital Replacement Reserve At this time, all four of the City's reserve categories (Natural Disaster, Economic Disaster, Cash Flow and Capital Replacement) are fully funded to the updated policy targets as approved in the Reserve Policy. An increase of $6.5 million in assigned reserves was primarily due to Measure G sales tax revenue offset by a decrease in multi-year capital improvement project funding, The recent advanced funding of about $7.5 million for the Dune Palms Bridge Project allocated in FY 2021/22 was subsequently approved for federal reimbursements and was returned to Measure G reserves in FY 2022/23. The 2023/24 Mid -Year Budget report will be presented to Council by March of 2024. The Mid -Year Budget Report may include funding options for Council to consider an allocation of unassigned reserves into reserve categories such as the Pension Trust fund. In addition, staff will continue to monitor current economic impacts and operating expenses and request additional reserve funding if necessary. 372 MEASURE G SUMMARY The Financial Advisory Commission oversees and audits the use of Measure G sales tax revenues and prepares the annual Measure G Sales Tax Oversight Report. The summary below provides a preview of the revenues and expenditures to date. The Measure G reserve balance ended the fiscal year at $29,214,191. Fiscal Year 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 Actual 16,088,087 Public Safety Fund F300,000 TOTAL $ 76,997,229 ribum Year Project Description Operational Capital Reserves 2016/17 Eisenhower Dr. Retention Basin 750,000 X -Park Funding 712,650 Jr 2017/18 Public Safety Fund F300,000 North La Quinta Landscape Improvements 1,802,576 Citywide Drainage Enhancements 2,407,373 La Quinta Village Road Diet Project 1,972,158 X -Park Funding 147,350 Alongi Building Improvements 800,000 SilverRock Event Site/ Alongi Building/ Retention Basin 1,453,850 Measure G Reserves 2017/18 1,084,350 2018/19 Public Safety Fund 850,000 Public Safety Contract Services 2,100,000 Citywide Drainage Enhancements 194,730 North La Quinta Landscape Improvements 2,129,613 Si IverRock Event Site 1,300,000 Measure G Reserves 2018/19 4,383,775 2019/20 Public Safety Contract Services 2,750,000 Corporate Yard Administration/Crew Quarters 411,013 Highway 111 Corridor Improvements 1,000,000 North La Quinta Landscape Improvements 3,703,369 Village Art Plaza Promenade 310,000 Measure G Reserves 2019/20 2,136,144 2020/21 Public Safety Contract Services 4,545,000 X -Park Landscaping 275,000 Highway 111 Corridor Improvements 250,000 Measure G Reserves 2020/21 7,524,389 2021/22 Public Safety Contract Services 5,163,000 Landscape Renovation Improvements 1,408,356 Highway 111 Corridor Improvements 1,000,000 Fritz Burns Park Improvements 350,000 Allocate Advance Dune Palms Bridge Funding 7,468,061 Measure G Reserves 2021/22 226,385 2022/23 Public Safety Contract Services 5,100,000 Landscape Renovation Improvements 500,000 Sports Complex Lighting 300,000 Village Underground Utilities Feasibility 100,000 ADA Transition Plan Update 150,000 Village Parking Lot 500,000 Phase II Public Safety Camera System 1,797,000 Smart Infrastructure Feasibility 250,000 Highway 111 Corridor Improvements 1,000,000 Dune Palms Bridge Advance Funding Reimbursement (7,468,061) Measure G Reserves 2022/23 13,859,148 TOTAL $ 20,808,000 $ 26,975,038 $ 29,214,191 27% 35% 38% Total by Year ,462,650 9,967,657 10,958,118 10,310,526 12,594,389 15,615,802 16,088,087 76,997,229 373 The FY 2022/23 Year -End Budget Report provides the City Council and residents with an overview of significant variances and reflects the City's commitment to fiscal discipline and transparency. Questions regarding this report may be directed to the Finance Department by calling 760-777-7150 or by email at finance laquintaca.gov. 374 CITY OF LA QUINTA GENERAL FUND REVENUE DETAILS BY CATEGORY 2021/22 2022/23 Actuals Original Budget EXHIBIT A 2022/23 YEAR-END BUDGET REPORT 2022/23 2022/23 Final Budget Actuals 101 - GENERAL FUND Fire Service Credit 101-0000-42501 Fire Service Reserves 101-0000-43100 310 - Tax Revenues 340,000 355,000 431,498 57,824 101-0000-40310 Property Tax Revenue 2,741,127 2,890,000 3,015,000 3,098,566 101-0000-40311 No -Low City Property Tax 4,805,049 4,845,000 4,945,000 5,388,267 101-0000-40315 RPTTF Pass Through 2,128,498 2,180,000 2,705,000 2,736,932 101-0000-41320 State Sales Tax 12,589,104 11,000,000 12,250,000 12,799,992 101-0000-41326 Measure G Sales Tax 15,615,802 13,500,000 15,500,000 16,088,087 101-0000-41327 Document Transfer Tax 1,352,585 650,000 750,000 926,743 101-0000-41400 TOT - Hotels 9,448,099 7,300,000 9,000,000 9,772,760 101-0000-41401 TOT - Short Term Vac. Rentals 7,144,654 5,000,000 6,000,000 6,415,354 101-0000-41402 TOT - Bed and Breakfast 104,426 100,000 100,000 103,272 101-0000-41416 TOT - Resort Fees 358,422 375,000 375,000 396,342 101-0000-41505 Franchise Taxes - Burrtec 966,467 1,000,000 1,000,000 1,188,773 101-0000-41508 Southern California Gas Franchise 206,498 160,000 160,000 246,641 101-0000-41509 Cable Television Franchise Fee 676,143 660,000 660,000 677,929 101-0000-41510 Communications Franchise Fees 210,081 275,000 275,000 195,772 101-0000-41800 Property Tax in Lieu of VLF 4,663,327 5,011,700 5,011,700 5,110,569 310 - Tax Revenues Totals: 63,010,284 54,946,700 61,746,700 65,145,998 320 - Licenses & Permits 101-0000-41411 SNR Inspection Fee 101-0000-41415 SNR Registration Fee 101-0000-41600 Business Licenses 101-0000-41602 SNR Business Licenses 101-0000-41610 Film Permits 101-0000-42400 Building Permits 101-0000-42401 Plumbing Permits 101-0000-42402 Mechanical Permits 101-0000-42403 Electrical Permits 101-0000-42404 Miscellaneous Permits 101-0000-42405 Garage Sale Permits 101-0000-42408 Grading Permits 101-0000-42420 Fire Plan Review Fee 101-0000-42421 Fire Inspection Fee 101-0000-42430 Transportation Permits 101-0000-42431 Conditional Use Permits 101-0000-42433 Minor Use Permit 101-0000-42434 Sign Permit 101-0000-42435 Site Development Permit 101-0000-42436 Final Landscaping Plans 101-0000-42437 Development Agreement 101-0000-42439 Temporary Use Permit 101-0000-43632 Public Works Permits 101-0000-43638 NPDES Inspections 320 - Licenses & Permits Totals: 330 - Intergovernmental 101-0000-41710 State Gov't Revenue 101-0000-42500 Fire Service Credit 101-0000-42501 Fire Service Reserves 101-0000-43100 FEMA 1,300 2,000 2,000 2,275 1,022,050 900,000 900,000 962,500 378,882 340,000 355,000 431,498 57,824 40,000 45,000 51,582 1,428 2,000 2,000 1,091 1,185,352 600,000 800,000 1,009,315 201,028 90,000 140,000 175,858 198,643 100,000 140,000 175,576 159,331 80,000 130,000 154,126 312,182 200,000 300,000 340,078 5,670 6,000 6,000 4,540 66,928 15,000 30,000 58,539 99,228 65,000 65,000 69,618 119,607 60,000 130,000 142,218 1,151 2,000 2,000 578 29,573 15,000 75,000 63,591 13,564 8,700 8,700 2,668 26,161 16,500 29,500 26,076 72,028 50,000 70,000 76,941 24,901 12,000 12,000 17,296 3,446 1,000 1,000 3,446 36,588 10,000 10,000 1,656 493,861 200,000 200,000 212,483 10,697 8,000 8,000 11,365 4,521,424 2,823,200 3,461,200 3,994,913 0 0 0 203,682 7,587,538 7,600,000 9,100,000 9,473,316 561,645 0 0 0 24,516 0 0 33,247 101-0000-43633 CSA 152 Assessments 460,052 250,000 275,000 275,816 101-0000-43650 Contributions from Other Agencie! 3,000 3,000 3,000 3,000 330 - Intergovernmental Totals: 8,636,751 7,853,000 9,378,000 9,989,060 340 - Charges for Services 101-0000-42200 Leisure Enrichment 11,658 35,000 35,000 13,313 101-0000-42210 Youth Sports 41,045 40,000 40,000 45,710 101-0000-42211 Adult Sports 5,755 1,000 6,000 8,207 101-0000-42212 Facility Rentals 7,301 35,000 35,000 7,959 101-0000-42213 Special Events 0 10,000 10,000 0 101-0000-42214 Wellness Center Leisure Enrichme 12,652 20,000 20,000 16,556 101-0000-42216 Wellness Center Special Events (105) 1,000 1,000 0 101-0000-42218 Wellness Center Memberships 52,260 75,000 75,000 375 88,602 Unaudited, final amounts will be reported in the 2022/23 Financial Statements 350 - Fines, Forfeitures & Abatements 101-0000-42700 Administrative Citations 101-0000-42701 Lot Abatement EXHIBIT A CITY OF LA QUINTA 101-0000-42703 Vehicle Impound Fee 101-0000-42705 Motor Vehicle Code Fines 101-0000-42706 GENERAL FUND REVENUE DETAILS BY CATEGORY 2022/23 YEAR-END BUDGET REPORT 101-0000-42708 Graffiti Removal 2021/22 2022/23 2022/23 2022/23 350 - Fines, Forfeitures & Abatements Totals Extraordinary Gain Actuals Original Budget Final Budget Actuals 101-0000-42300 Cash Over/Short 1,363 0 0 0 101-0000-42303 NSF Charges 25 400 400 75 101-0000-42412 Minor Adjustment, Plan Checks 28,324 3,000 23,000 33,360 101-0000-42415 Tentative Tract Map 25,414 25,000 25,000 33,124 101-0000-42416 Digitization/Records Management 53,188 30,000 45,000 54,190 101-0000-42417 Modification by Applicant 5,712 2,500 2,500 1,975 101-0000-42440 Appeals - Permits, Licenses, Proje 1,725 3,000 3,000 750 101-0000-42441 Planning Compliance Review 0 0 0 838 101-0000-42443 Zone Change 21,772 10,000 10,000 1,702 101-0000-42445 Environmental Assessment 5,635 5,000 15,000 12,254 101-0000-42446 General Plan Amendment 10,465 10,000 10,000 11,379 101-0000-42447 Home Occupations 10,039 11,000 11,000 6,658 101-0000-42448 Tentative Parcel Map 5,224 10,000 10,000 14,238 101-0000-42451 Specific Plan 4,946 10,000 10,000 5,194 101-0000-42460 Pre -Application Review 11,798 5,000 5,000 6,069 101-0000-42600 Building Plan Check Fees 929,874 526,000 726,000 933,046 101-0000-42610 SMIP Fees 554 600 600 1,409 101-0000-42615 CBSC Administrative Fees 410 600 600 1,409 101-0000-42810 Public Works Dev. Plan Check Fee 334,644 180,000 240,000 223,062 101-0000-43631 CVMSHCP Admin Fee 8,603 2,000 2,000 5,911 101-0000-43635 VGPS TBID Admin Fee 35,057 30,000 30,000 31,868 340 - Charges for Services Totals: 1,625,339 1,081,100 1,391,100 1,558,859 350 - Fines, Forfeitures & Abatements 101-0000-42700 Administrative Citations 101-0000-42701 Lot Abatement 101-0000-42702 Vehicle Abatement 101-0000-42703 Vehicle Impound Fee 101-0000-42705 Motor Vehicle Code Fines 101-0000-42706 Parking Violations 101-0000-42707 Misc Fines 101-0000-42708 Graffiti Removal 101-0000-42709 False Alarm Fees - Police 101-0000-42710 False Alarm Fees - Fire 350 - Fines, Forfeitures & Abatements Totals 360 - Use of Money & Property 101-0000-41900 Allocated Interest 101-0000-41910 GASB 31 Interest 101-0000-41930 Interest Revenue 101-0000-42120 Lease Revenue 360 - Use of Money & Property Totals: 370 - Miscellaneous 101-0000-41410 Zoning Change Mitigation Fees 101-0000-41504 AMR Compliance 101-0000-41507 Burrtec Admin Cost Reimburseme 101-0000-41920 Memorial Tree Revenue 101-0000-42000 Insurance Recoveries 101-0000-42140 Sales of Publications & Materials 101-0000-42301 Miscellaneous Revenue 101-0000-42305 Miscellaneous Reimbursements 101-0000-43505 Credit Card Fee Revenue 101-0000-45000 Sale of Other Assets 101-0000-48500 Extraordinary Gain 22,702 370 - Miscellaneous Totals: 400,708 180,000 240,000 339,246 188 5,000 5,000 931 47,293 35,000 35,000 42,773 50,870 65,000 65,000 55,457 62,927 100,000 100,000 69,488 29,183 40,000 40,000 22,702 9,413 8,000 8,000 1,221 8,675 9,000 9,000 8,071 32,295 15,000 15,000 19,222 16,038 5.000 5,000 4,383 657,589 462,000 522,000 563,495 931,973 400,000 2,700,000 2,865,841 (3,964,823) 0 0 (893,437) 47,795 0 0 45,221 153,367 155,000 155,000 143,553 (2,831,688) 555,000 2,855,000 2,161,178 287,773 400,000 1,000,000 1,612,340 21,632 20,000 20,000 0 181,278 120,000 120,000 66,614 0 0 0 1,000 3,448 5,000 30,000 46,299 30 100 100 640 3,557 5,000 77,000 113,339 62,243 50,000 75,000 168,735 0 0 48,000 59,589 1,486 0 25,000 29,994 487,613 0 0 381,192 1,049,059 600,100 1,395,100 2,479,742 376 Unaudited, final amounts will be reported in the 2022/23 Financial Statements CITY OF LA QUINTA GENERALFUND EXHIBIT A REVENUE DETAILS BY CATEGORY 2022/23 YEAR-END BUDGET REPORT 2021/22 2022/23 2022/23 2022/23 Actuals Original Budget Final Budget Actuals 380 - Transfers In 101-0000-49500 Transfers In 0 0 5,000,000 5,000,000 380 - Transfers In Totals: 0 0 5,000,000 5,000,000 101 - GENERAL FUND Totals: 76,668,758 68,321,100 85,749,100 90,893,246 Non -Cash Transactions Adjusted Operating Revenues 3,477,210 80,145,968 Unaudited, final amounts will be reported in the 2022/23 Financial Statements 512,245 91,405,491 377 CITY OF LA QUINTA GENERAL FUND EXPENSE SUMMARY BY DEPARTMENT 2021/22 2022/23 Actuals Original Budget EXHIBIT B 2022/23 YEAR-END BUDGET REPORT 2022/23 2022/23 Final Budget Actuals 1001 - City Council 251,153 351,400 354,700 312,671 Salaries and Benefits 233,149 295,900 299,200 245,737 Maintenance & Operations 18,004 55,500 55,500 66,934 1002 - City Manager 796,578 1,177,540 1,326,164 1,083,016 Salaries and Benefits 500,384 539,340 687,964 725,331 Contract Services 89,320 145,000 145,000 108,078 Maintenance & Operations 95,974 115,000 115,000 112,481 Other Expenses 46,000 300,000 300,000 58,927 Internal Service Charges 64,900 78,200 78,200 78,200 1003 - City Attorney 370,189 796,000 796,000 358,188 Contract Services 370,189 796,000 796,000 358,188 1004 - Human Resources 269,015 495,698 591,898 439,030 Salaries and Benefits 175,125 255,798 258,298 233,383 Contract Services 28,107 90,000 163,700 112,314 Maintenance & Operations 46,683 103,900 123,900 47,333 Internal Service Charges 19,100 46,000 46,000 46,000 1005 - City Clerk 586,861 1,257,526 1,264,079 996,957 Salaries and Benefits 446,644 703,218 709,771 590,870 Contract Services 48,057 385,000 385,000 242,931 Maintenance & Operations 17,760 34,700 34,700 28,548 Internal Service Charges 74,400 134,608 134,608 134,608 1006 - Finance 1,241,161 1,595,830 1,610,216 1,560,869 Salaries and Benefits 940,346 1,145,530 1,159,916 1,147,772 Contract Services 117,464 205,000 205,000 182,801 Maintenance & Operations 14,851 40,700 40,700 25,696 Internal Service Charges 168,500 204,600 204,600 204,600 1007 - Central Services 9,738,291 14,447,100 61,817,234 20,949,055 Salaries and Benefits 3,773,246 3,352,600 13,068,216 12,620,892 Maintenance & Operations 166,068 213,200 413,200 108,667 Capital Expenses 599,125 20,000 480,000 452,554 Internal Service Charges 784,550 822,300 822,300 822,300 Transfers Out 4,415,303 10,039,000 47,033,518 6,944,642 2001 - Police 16,868,265 18,185,900 18,269,800 16,244,512 Contract Services Maintenance & Operations Repair & Maintenance Utilities Capital Expenses Internal Service Charges 2002 - Fire Salaries and Benefits Contract Services Maintenance & Operations Utilities Capital Expenses Internal Service Charges Transfers Out 3001 - Community Resources Administration Salaries and Benefits Contract Services Maintenance & Operations Internal Service Charges 3002 - Wellness Center Operations Salaries and Benefits 16,745,378 18,072,000 18,072,000 16,077,040 7,428 18,000 18,000 7,689 0 0 61,000 60,540 17,348 21,000 21,000 17,823 37,010 0 22,900 6,519 61,100 74,900 74,900 74,900 8,008,530 8,851,872 9,296,722 7,702,139 263,818 290,272 292,022 197,817 6,962,420 8,123,000 8,123,000 7,033,798 115,487 150,000 150,000 122,699 80,798 87,000 87,000 84,211 103,395 15,000 458,100 77,014 119,600 186,600 186,600 186,600 363,012 0 0 0 661,768 880,480 883,980 740,952 513,569 546,180 549,680 448,931 38,081 92,000 92,000 71,803 43,318 161,800 161,800 139,718 66,800 80,500 80,500 80,500 612,277 682,102 757,040 717,948 476,972 477,502 552,440 559,481 378 Unaudited, final amounts will be reported in the 2022/23 Financial Statements CITY OF LA QUINTA GENERAL FUND EXPENSE SUMMARY BY DEPARTMENT 2022/23 YEAR-END BUDGET REPORT 2021/22 2022/23 2022/23 2022/23 Actuals Original Budget Final Budget Actuals Contract Services 21,545 48,000 48,000 24,849 Maintenance & Operations 31,761 56,700 56,700 33,718 Internal Service Charges 82,000 99,900 99,900 99,900 3003 - Recreation Programs & Special Events 640,734 1,088,734 1,498,751 1,099,230 Salaries and Benefits 101,002 212,534 286,551 200,323 Contract Services 243,964 330,000 486,000 474,543 Maintenance & Operations 242,568 501,500 681,500 379,664 Internal Service Charges 53,200 44,700 44,700 44,700 3005 - Parks Maintenance 2,445,674 3,042,072 3,207,347 3,107,294 Salaries and Benefits 340,651 398,222 426,997 418,129 Contract Services 582,436 657,200 729,700 729,648 Maintenance & Operations 634,026 774,850 838,850 803,016 Utilities 403,660 508,400 508,400 453,101 Internal Service Charges 484,900 703,400 703,400 703,400 3007 - Marketing & Community Relations 1,389,343 1,632,128 1,833,378 1,648,064 Salaries and Benefits 238,729 267,328 268,578 160,546 Contract Services 436,633 404,200 509,200 481,020 Maintenance & Operations 675,781 914,600 1,009,600 960,497 Internal Service Charges 38,200 46,000 46,000 46,000 3008 - Public Buildings 1,374,563 1,390,052 1,553,936 1,504,048 Salaries and Benefits 506,901 553,052 566,936 557,885 Contract Services 207,930 242,000 242,000 208,330 Maintenance & Operations 187,230 179,500 274,500 257,246 Utilities 200,502 158,500 213,500 223,587 Internal Service Charges 272,000 257,000 257,000 257,000 6001 - Design & Development Administration 816,867 756,824 775,228 771,529 Salaries and Benefits 448,748 408,024 426,428 427,755 Contract Services 222,248 160,000 160,000 162,361 Maintenance & Operations 3,471 11,700 11,700 4,313 Internal Service Charges 142,400 177,100 177,100 177,100 6002 - Planning 559,340 744,830 749,304 652,601 Salaries and Benefits 376,017 428,230 432,704 417,922 Contract Services 113,128 225,000 225,000 146,180 Maintenance & Operations 12,995 22,600 22,600 19,500 Internal Service Charges 57,200 69,000 69,000 69,000 6003 - Building 960,672 1,291,362 1,457,240 1,386,587 Salaries and Benefits 547,698 723,362 739,240 619,142 Contract Services 246,380 290,000 440,000 491,810 Maintenance & Operations 3,095 10,300 10,300 7,935 Internal Service Charges 163,500 267,700 267,700 267,700 6004 - Code Compliance/Animal Control 1,312,923 1,663,996 1,677,746 1,571,807 Salaries and Benefits 686,027 857,996 867,746 786,495 Contract Services 349,121 433,500 433,500 421,802 Maintenance & Operations 9,874 20,300 24,300 11,310 Internal Service Charges 267,900 352,200 352,200 352,200 6006 - The Hub 834,387 1,236,482 1,244,439 996,706 Salaries and Benefits 600,711 916,382 924,339 749,203 Contract Services 95,036 130,000 130,000 58,115 Maintenance & Operations 5,140 6,200 6,200 5,489 Internal Service Charges 133,500 183,900 183,900 183,900 7001 - Public Works Administration 535,839 794,862 800,848 625,176 Salaries and Benefits 454,607 543,362 549,348 527,426 Contract Services 0 150,000 150,000 500 Maintenance & Operations 4,932 9,500 9,500 5,250 379 Unaudited, final amounts will be reported in the 2022/23 Financial Statements CITY OF LA QUINTA GENERAL FUND EXPENSE SUMMARY BY DEPARTMENT 2022/23 YEAR-END BUDGET REPORT 2021/22 2022/23 2022/23 2022/23 Actuals Original Budget Final Budget Actuals Internal Service Charges 76,300 92,000 92,000 92,000 7002 - Public Works Development Services 374,998 512,960 514,551 413,090 Salaries and Benefits 147,359 170,060 171,651 156,072 Contract Services 155,250 250,000 250,000 166,779 Maintenance & Operations 2,189 5,000 5,000 2,339 Internal Service Charges 70,200 87,900 87,900 87,900 7003 - Streets 426,354 754,768 773,415 474,366 Salaries and Benefits 277,298 362,768 381,415 257,948 Contract Services 64,753 260,000 260,000 63,383 Maintenance & Operations 27,104 58,000 58,000 65,600 Other Expenses 0 5,000 5,000 18,434 Internal Service Charges 57,200 69,000 69,000 69,000 7006 - Engineering Services 758,472 1,020,756 1,248,656 646,511 Salaries and Benefits 322,004 351,456 353,956 241,985 Contract Services 271,577 590,000 590,000 300,994 Maintenance & Operations 9,002 10,300 10,300 5,802 Other Expenses 98,689 0 225,400 28,731 Internal Service Charges 57,200 69,000 69,000 69,000 GENERAL FUND EXPENSES 51,834,255 64,651,274 114,302,672 66,002,347 380 Unaudited, final amounts will be reported in the 2022/23 Financial Statements CITY OF LA QUINTA EXHIBIT C Project # Project Name General Fund Measure G I TOTAL 111205 Dune Palms Bridge Improvements 4,858,991 - 4,858,991 2223DRA Citywide Drainage Enhancements 1,419,027 - 1,419,027 2223ADA ADA Improvements 60,000 - 60,000 2223PMP Pavement Management 3,771,921 - 3,771,921 2223STI Sidewalk Improvements 2,036 - 2,036 201603 Landscape Renovations 426,073 3,104,039 3,530,112 201606 Civic Center Campus Lake 521,515 - 521,515 201805 Corporate Yard Admin. Offices - 355,240 355,240 201901 Village Art Plaza Promenade - 308,208 308,208 201905 Highway 111 Corridor - 2,500,079 2,500,079 201908 Citywide Catch Basin Modifications 250,000 - 250,000 202102 Fritz Burns Park Improvements - 294,683 294,683 202108 FY 21/22 PMP Slurry Seal Improvements (29,376) - (29,376) 202202 City Hall Capacity Improvements 550,000 - 550,000 202204 Sports Complex Lighting Replacement - 273,951 273,951 202206 Village Utilities Undergrounding Project 24,315 84,208 108,523 202007 SilverRock Retention Basin Soil Stabilization 54,432 - 54,432 202208 Citywide Miscellaneous ADA Improvements 75,236 - 75,236 202209 ADA Transition Plan Update - 150,000 150,000 202211 Village Parking Lot - 500,000 500,000 202212 Phase II Camera System - 1,797,000 1,797,000 202213 Smart Infrastructure Improvements Feasibility Study - 249,650 249,650 202217 Storm Drain Maintenance 707,708 - 707,708 202218 SilverRock Park Venue WIFI & Camera Backbone - (89,018) (89,018) 202222 Blackhawk Way School Crossing 21,938 - 21,938 SAVINGS Prior CIP Project Savings 346,531 - 346,531 999902 Jefferson Interchange 34,987 - 34,987 TOTAL $ 13,095,333 $ 9,528,039 $ 22,623,372 58% 42% 100% balances represent temporary fundina until arants are 381 EXHIBIT D AMENDED CARRYOVERS Estimated carryovers from the 2022/23 to 2023/24 budget were estimated based on projected invoices in the Spring of 2023. Upon completion of the final audit, Finance verifies account balances and carryovers and amended carryovers will be added to the 2023/24 budget. Description/Program Account Number Account Name Estimated Revised Climate Assessment 101-1004-60103 Professional Services $ $ 29,500 Employee wellness programs 101-1004-60104 Consultants/Employee Services $ $ 20,000 Marketing efforts to attract group business to hotels 101-1007-60536 TOT Resort Rebate Program $ 300,000 $ 300,000 Land Purchase- Highway 111 & Dune Palms 101-1007-99900 Transfers Out $ - $ 1,387,009 Police electric bicycles 101-2001-60175 Special Enforcement Funds $ $ 18,500 Police motorcycles 101-2001-71031 Vehicles $ $ 16,000 Fire Ladder Truck purchase 101-2002-80101 Machinery& Equipment $ 360,000 $ 358,000 Park landscape Improvements 101-3005-60431 Materials/Supplies $ 90,000 $ 74,500 Replacement of street signs 101-7006-60103 Professional Services $ 200,000 $ 200,000 Art & Music Line contribution 101-7006-60480 Contributions to other agencies $ - $ 196,500 GENERAL FUND CARRYOVERS $ 950,000 $ 2,600,009 Heavy machinery/equipment purchase 201-7003-80100 Machinery&Equipment $ 300,000 $ 300,000 Median upgrades 215-7004-60431 Materials/Supplies $ 100,000 $ 167,000 Dune Palms Mobile Estates improvements 241-9104-72110 Building/Site Improvements $ 400,000 $ 400,000 Homelessness Assistance 243-0000-60532 Homelessness Assistance $ - $ 50,000 Land Purchase- Highway 111 and Dune Palms 249-0000-49500 Transfers In $ - $ 1,387,009 Land Purchase- Highway 111 and Dune Palms 249-0000-74010 Land Acquisition $ 3,624,192 $ 3,574,192 Vehicle upgrades 501-0000-60675 Parts, Accessories, and Upfits $ - $ 50,000 Vehicle replacement 501-0000-71031 Vehicles, Purchased $ $ 100,000 Council Chamber upgrades 501-0000-71103 City Bldg Repl/Repai r $ $ 51,000 Heavy machinery/equipment purchase 501-0000-80100 Machinery&Equipment $ 150,000 $ 499,000 Audio visual upgrades 502-0000-80100 Machinery & Equipment $ - $ 195,000 Park supplies and upgrades 503-0000-71060 Parks $ 200,000 $ 850,000 SPECIAL FUNDS CARRYOVERS $ 4,774,192 $ 7,623,201 TOTAL CARRYOVERS FOR ALL FUNDS $ 5,724,192 $ 10,223,210 NOTE: In June 2023 rahen the budget is adopted, all carryovers are estimates based on projected invoices to end fiscal year 2022123. Upon completion of the final audit, Finance verifies account balances and makes additional carryover recommendations based on current budgetary needs. In no event shall a carryover exceed the revised per account amount above. 382 PUBLIC HEARING ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLI : INTRODUCE FOR FIRST READING AN ORDINANCE TO APPROVE ZONING ORDINANCE AMENDMENT 2023-1001 TO MODIFY FLAGPOLE REGULATIONS REGARDING THE PLACEMENT OF FLAGPOLES FOR RESIDENTIAL ZONING DISTRICTS MANAGED BY HOMEOWNER ASSOCIATIONS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION. LOCATION: CITY-WIDE RECOMMENDATION A. Make a finding, included in Ordinance No. , that adopting this ordinance is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report. B. Move to take up Ordinance No. by title and number only and waive further reading. C. Move to introduce at first reading, Ordinance No. to amend Section 9.60.340 of Title 9 of the La Quinta Municipal Code. EXECU i ivt 5UIVIIVIAKY • On November 21, 2023, Council adopted various zoning ordinance amendments, including an amendment to flagpole regulations regarding the placement of flagpoles that reduces the minimum setback from 10 feet to 5 feet from a property line where a yard faces a street, open space, or golf course. • Council directed staff to prepare another zoning ordinance amendment to modify flagpole regulations regarding the placement of flagpoles for residential zoning districts managed by Homeowner Associations (HOAs), to only require approval of location by the board of directors of the HOA. • On December 12, 2023, the Planning Commission considered a resolution recommending Council adopt the zoning ordinance amendment, but the resolution did not pass by unanimous vote. FISCAL IMPACT: — None 383 BACKGROUND/ANALYSIS On November 7, 2023, Council directed staff to prepare a zoning code amendment that allows residential zoning districts managed by HOAs to not be limited to the flagpole placement standard prescribed in the La Quinta Municipal Code (LQMC). The proposed amendment allows residential zoning districts, in which single family dwelling are located within a common interest development and subject to a declaration of covenants, conditions, and restrictions (CC&Rs) and managed by an HOA, to not be limited to the placement standard prescribed by the LQMC, if the proposed placement is consistent with the CC&Rs governing the single family dwelling and the board of directors of the HOA approves the placement of the flagpole. The applicant shall submit a letter from the HOA that confirms the approval of the placement of the flagpole with a building permit application. A definition of "homeowner association" is also proposed to be added to the zoning code, and other non -substantive changes to update applicable sections and section numbers of the California Civil Code. The zoning code amendment is included in redline changes as Exhibit A to the proposed ordinance. PUBLIC REVIEW Public Notice The zoning ordinance amendment was advertised in The Desert Sun newspaper on January 5, 2024. At the time of publication, Staff received no written comments. Planning Commission Review At its regular meeting of December 12, 2023, the Planning Commission considered a resolution recommending Council adopt the zoning ordinance amendment, but the resolution did not pass by unanimous vote. NVIRONMENTAL REVIEW The Design and Development Department has determined that the project is exempt from environmental review pursuant to Section 15061 (b)(3) of CEQA, Common Sense Exemption, in that it can be seen that the project would not cause any adverse impacts on the environment. ALTERNATIVES Council may elect to: • Approve the zoning ordinance amendment as proposed. • Approve the zoning ordinance amendment with modifications. • Deny the zoning ordinance amendment. • Continue the public hearing for this zoning ordinance amendment and direct staff to conduct further study and return to Council for consideration. Prepared by: Danny Castro, Design and Development Director Approved by: Jon McMillen, City Manager 384 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 9.60.340 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE WHEREAS, the City Council of the City of La Quinta, California did, on January 16, 2024, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 2023-1001 to amend Section 9.60.340 of Title 9 of the La Quinta Municipal Code; and WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on December 12, 2023, consider a resolution to recommend City Council adopt Zoning Ordinance Amendment 2023-1001 and the resolution did not pass by unanimous vote; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on January 5, 2024, as prescribed by the Municipal Code; and WHEREAS, the zoning ordinance amendment allows the placement of flagpoles for residential zoning districts managed by a homeowner association (HOA), to not be limited to the minimum setback from a property line, with the approval of the board of directors of the HOA; and WHEREAS, at said public hearing, upon hearing and considering all public testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment, enclosed as Exhibit A, and incorporated herewith by this reference: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives, and policies of the General Plan. The proposed amendment is supported by Policy LU -1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public; and 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety, and general welfare. The amendment allows for flexibility on the placement of flagpoles on single family property managed by a homeowner association and consistent with the covenants, conditions, and restrictions (CC&Rs) governing the single family property, with the approval of the board of directors of the HOA, and does not incorporate any changes that affect 385 Ordinance No. XXX Amendments to Section 9.60.40 — Flagpoles and Section 9.280.030 — Definition of terms Adopted: Month, Date, 2024 Page 2 of 4 the regulation and/or provision of public services, utility systems, or other foreseeable health, safety, and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. TITLE 9 shall be amended as written in "Exhibit A" attached hereto. SECTION 2. The proposed zoning code amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The zoning code amendment is consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the proposed amendment implements the goals, policies, and programs of the General Plan. SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2023-1001, as set forth in attached "Exhibit A" for the reasons set forth in this Ordinance. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least two public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 6. CORRECTIVE AMENDMENTS: That the City Council does hereby grant the City Clerk the ability to make minor amendments to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this , 2024, by the following vote: Ordinance No. XXX Amendments to Section 9.60.40 — Flagpoles and Section 9.280.030 — Definition of terms Adopted: Month, Date, 2024 Page 3 of 4 AYES: NOES: ABSENT: ABSTAIN: UA09 16 MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California 387 Ordinance No. XXX Amendments to Section 9.60.40 — Flagpoles and Section 9.280.030 — Definition of terms Adopted: Month, Date, 2024 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. MONIKA RADEVA, City Clerk City of La Quinta, California 388 Ordinance No. XXX - Exhibit A Amendments to Section 9.60.40 — Flagpoles and Section 9.280.030 — Definition of terms 9.60.340 - Flagpoles. Flagpoles shall be allowed in all residential zoning districts subject to the following standards: A. Height of flagpoles shall not exceed twenty (20) feet. B. Flagpoles shall not be allowed within any yard, except if a yard abuts open space, a golf course, or a street, flagpoles shall maintain a minimum setback distance of 5 feet from any property line. C. Installation of flagpoles shall require a building permit. D. For residential zoning districts, in which single family dwellings are located within a common interest development and subject to a declaration of covenants, conditions, and restrictions (CC&Rs) and managed by a homeowner association, the placement of flagpoles on lots with single family dwellings shall not be limited to the standard set forth in Subsection (B) of this section, if the proposed placement of a flagpole is consistent with the CC&Rs governing the single family dwelling and the board of directors of the homeowner association approves the placement of the flagpole. The applicant shall submit a letter or other city -required document from the homeowner association that confirms the approval of the placement of the flagpole with a building permit application. ED. Flagpoles that were installed prior to February 14, 2019, but otherwise meet the height limitation in this section, shall be allowed to remain in place so long as a building permit is obtained if there was no building permit issued previously. Proof of installation or existence of flagpoles prior to February 14, 2019 may be required. 9.280.030 - Definition of terms. "Abandoned" means a structure or use, the development or operation of which has been ceased or suspended. "Abutting" or "adjacent" means two (2) or more parcels sharing a common boundary at one (1) or more points. "Access/egress" means provision for entering a site from a roadway and exiting a site onto a roadway via motorized vehicle. "Accessory building or structure" means a building or structure, the use of which is subordinate and incidental to the main building or use on the same building site. As it pertains to Section 9.140.060, Equestrian overlay district, "accessory building" means any building subordinate to a permitted or conditionally permitted equestrian use, including, but not limited to, hay and Page 1 of 33 389 tack barns, stables and other structures and uses customarily appurtenant to the primary permitted use. Also pertaining to Section 9.140.060, Equestrian overlay district, "accessory structure" means any structure subordinate to a permitted or conditionally permitted equestrian use, including, but not limited to, arenas, grandstand seating, corrals, exercise rings, and other structures associated with the permitted use. Fences are not considered structures for the purposes of this section. "Accessory use" means a land use subordinate and incidental to the principal use on the same building site. "Actual construction" means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. "Administrative office" means a place of business for the rendering of service or general administration, but not including retail sales. Adult Business, Adult Entertainment Business or Adult Oriented Business. See Sexually oriented businesses, Chapter 5.80 of the municipal code. Advertising Device or Display. See sign definitions, Section 9.160.130. "Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and Section 9.60.260 of this code. "Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code. "Agricultural activity, operation, or facility, or appurtenances thereof" includes all uses allowed under the agricultural overlay district, including, but be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm Page 2 of 33 390 as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. "Alley" means a secondary means of access to abutting property located at the rear or side of the property. "Alteration" means any physical change in the internal or external composition of a building or other structure. Animal Hospital or Animal Clinic. See "Veterinary clinic." "Antenna" means a device for transmitting or receiving radio, television, satellite, microwave or any other transmitted signal. "Apartment" means a dwelling unit within an apartment building designed and used for occupancy by one (1) family on a rental basis. "Apartment building" or "apartment project" means a building or group of buildings in a single ownership with three (3) or more dwelling units per building and with most or all units occupied on a rental basis. Area, Project Net. See "Project net area." "Arena" means an enclosure physically similar to a corral, designed and constructed so as to be used for conducting equine -related entertainment and events open to the public, including, but not limited to, rodeos, polo matches, riding shows and exhibitions, etc. "Attached structures" means two (2) or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds thirty (30) inches in height above the finished grade. Attached Dwelling or Attached Residential. See "Dwelling, attached." "Automobile repair specialty shop" means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. "Automobile service station" means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles. Page 3 of 33 391 "Automobile wrecking" or "automobile dismantling" means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. "Awning" means a roof -like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. "Bar and cocktail lounge" means an establishment whose primary activity is the service of alcohol, beer or wine. "Basement" means a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five (5) feet of the height of any portion is above adjoining finish grade. "Bed and breakfast" means a residential dwelling occupied by a resident, person, or family, containing individual living quarters occupied for a transient basis for compensation and in which a breakfast may be provided to guests. The breakfast provided shall not constitute a restaurant operation and may not be provided to persons other than guests of the inn. "Bedroom" means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. "Berm" means a mound or embankment of earth. Billboard. See sign definitions, Section 9.160.130. "Boardinghouse" means any building or portion thereof with access provided through a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. "Buildable area" means the portion of a building site remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area. "Building" means an enclosed structure having a roof supported by columns or walls. "Building height" means the height of a building relative to the surrounding ground area. Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010. Building, Main. "Main building" means the building containing the main or principal use of the premises. Page 4 of 33 392 Building, Relocatable. "Relocatable building" means a building which is not placed on a permanent foundation and is designed to be movable from one (1) location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include, but are not limited to, mobilehomes, construction trailers, and modular buildings. "Building site" means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the city's subdivision code. "Building site area" means the horizontal area within a building site expressed in square feet, acres or other area measurement. Building Site Coverage. See "Lot coverage." Building Site, Panhandle or Flag. See "Lot" definitions. Building Site, Through. "Through building site" means a building site having frontage on two (2) parallel or approximately parallel streets. See "Through lot." Business Park. See "Industrial park." "CEQA" means the California Environmental Quality Act. "Caretaker" means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. "Caretaker residence" means a residential unit not exceeding one thousand (1,000) square feet, which is not the principal use on the property, to be occupied by a caretaker or watchman who is responsible for the security of the principal use of the property. "Carport" means a roofed structure or a portion of a building which is open on two (2) or more sides for the parking of automobiles belonging to the occupants of the property. "Cattery" means any building, structure, (5) or more cats are kept or maintained purpose of boarding, breeding, training, purpose. enclosure or premises within which five primarily for financial profit for the marketing, hire or any other similar "Cellar" means a nonhabitable building level which: (1) has more than one-half ('/2) of its height below the adjoining finish grade at all points; and (2) has a floor area no more than one-half ('/2) that of the floor immediately above. A cellar is not counted as a building story. Page 5 of 33 393 "Certificate of occupancy" or "certificate of use and occupancy" means a permit issued by the city prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled. "Child day care center" or "preschool" means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. "Child day care facility" means, consistent with Section 1596.750 of the State Health and Safety Code, a facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) -hour basis. Child day care facility includes both child day care centers and child day care homes. "Child day care home" or "family day care home" means, consistent with Section 1596.78 of the State Health and Safety Code: 1. "Family day care home" means a home that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. 2. "Large family day care home" means a home that provides family day care for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home. 3. "Small family day care home" means a home that provides family day care for eight (8) or fewer children, including children under the age of ten (10) years who reside at the home. "City" means the city of La Quinta. "City council" means the city council of the city of La Quinta. "Cleaning plant" or "laundry plant" means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. Page 6 of 33 394 Clinic, Medical. "Medical clinic" means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. "Club" means an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. "Code" means this zoning code unless another code, ordinance or law is specified. "Commercial" means operated or conducted on a frequent basis for the purpose of financial gain. "Commercial filming" means the production of still or moving pictures on public property. Commercial Center. See "Shopping center." "Commercial recreation" means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. "Commercial stable" means any facility specifically designed or used for the stabling of equine animals not owned by the residents of the subject property, for purposes such as on-site breeding, boarding, training, riding or other recreational use as a commercial service to the owners of said animals. "Commercial vehicle" means a vehicle customarily used as part of a business for the transportation of goods or people. "Commission" means the planning commission of the city unless another commission is indicated. "Common interest development" bears the same meaning as defined in Section 1351 4100 of the California Civil Code (or successor provision). "Community apartment project" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. "Community auction and sales yard" means a facility which periodically holds auctions of farm equipment, fixtures and other related materials in an enclosed building. Page 7 of 33 395 Community Care Facility. See "Residential care facility." "Community center" means a non-commercial use established for the benefit and service of the population of the community in which it is located, including senior centers. Conditional Use Permit. See "Use permit." "Condominium" means, consistent with Section 1351-4125 of the State California Civil Code (or successor provision), an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property. "Condominium hotel" means a "hotel" or "group hotel" all or part of which constitutes a condominium project in which one (1) or more of the units are individually owned, but are intended to be available for "transient" use (as those terms are defined in Section 3.24.020 of the La Quinta Municipal Code), when not being used by the unit owner. See also "First class condominium hotel." "Congregate care facility" means a facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one (1) building and on contiguous parcels within the building site. "Congregate living facility" means a single family residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six (6) or fewer developmentally disabled persons or six (6) or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single-family residences by operation of state law. (See also "Residential care facility.") "Convalescent home" or "convalescent hospital" means a facility licensed by the State Department of Health Services which provides bed and ambulatory care for more than six (6) patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home or home for the aged. Page 8 of 33 396 "Conversion project" means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development. Corner Lot. See definitions under "Lot." "Corral" means an enclosure designed for use as an open holding area for horses for the purpose of confinement within that area for an indeterminate period of time. "Cottage food operation" means an enterprise wherein an individual prepares and packages non -potentially hazardous foods in a primary residential dwelling unit, which serves as his or her private residence, said foods being for the direct and/or indirect sale to consumers, and that does not have more than one (1) full-time equivalent employee, and generates not more than: (1) thirty-five thousand ($35,000.00) dollars in gross annual sales in 2013; (2) forty-five thousand ($45,000.00) dollars in gross annual sales in 2014; (3) fifty thousand dollars ($50,000.00) in gross annual sales in 2015 and beyond as identified in California Health and Safety Code Section 113758. "County" means the county of Riverside unless another county is indicated. Day Care Center. See "Child day care center." "Declaration of covenants, conditions, and restrictions (CC&Rs)" has the same meaning as "declaration" set forth in Section 4135 of the California Civil Code (or successor provision) as applicable to a common interest development. "Decision-making authority" or "decision-making body" means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city. "Density" means the number of dwelling units per gross acre, unless another area measurement is specified. "Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. "Detached building or structure" means a building or other structure that does not have a wall or roof in common with any other building or structure. "Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material Page 9 of 33 397 or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. "Development standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. "Director" or "planning director" means the city manager or designee. District. See "Zoning district." District, Nonresidential. See "Nonresidential district." District, Residential. See "Residential district." District, Special Purpose. See "Special purpose district." "Downtown village directional sign panel" means an interchangeable sign panel which does not require a sign permit, mounted on a monument base structure. The sign panels list businesses in the village commercial zoning district. "Drive-in" or "drive-through" means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. "Driveway" means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street. "Driveway approach" means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway. "Duplex" means a permanent building containing two (2) dwelling units on a single lot. Page 10 of 33 398 "Dwelling" means a building or portion thereof designed and used for residential occupancy, but not including hotels or motels. Dwelling, Attached. "Attached dwelling" means a main dwelling unit attached to one (1) or more other main dwelling units by means of a roof or interior wall. Dwelling, Main or Primary Residence. "Main dwelling or primary residence" means the dwelling unit permitted as the principal use of a parcel or building site, either by itself or with other dwelling units (as in multifamily buildings). Dwelling, Multifamily. "Multifamily dwelling" means a building containing more than one (1) separate residential dwelling unit, which is used or occupied, or is intended to be used or occupied, in whole or in part, as the home or residence of one (1) or more persons on a single parcel or building site. Dwelling, Patio Home. "Patio home dwelling" means a single-family detached dwelling shifted to one (1) side of the lot, i.e., placed on the lot so that one (1) side setback is zero (0) or nearly zero (0) and the other side setback is larger than if both side setbacks were approximately equal. Dwelling, Single -Family. "Single-family dwelling" means one (1) main dwelling unit on a single parcel or building site. Dwelling, Single -Family Attached. "Single-family attached dwelling" means a main dwelling unit attached to one (1) other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling, Single -Family Detached. "Single-family detached dwelling" means a main dwelling unit not attached to any other main dwelling unit. Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit attached typically to two (2) or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. "Dwelling unit" means one (1) or more rooms, including a bathroom and kitchen, designed and used for occupancy by one (1) family for living and sleeping purposes. Dwelling Unit, Second. See "Second unit." "Easement" means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. Page 11 of 33 399 "Educational institution" means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. "Elevation" means the vertical distance above sea level. "Emergency shelter" means housing with services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. Low Barrier Navigation Centers are also included in this definition. No individual or household may be denied emergency shelter because of an inability to pay. "Employee's quarters" means quarters, which may include full bathroom and/or kitchen or cooking facilities, for the housing of domestic employees and located upon the same building site occupied by their employer. "Enclosed" means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits. "Environmental review" means all actions and procedures required of the city and of applicants by the California Environmental Quality Act ("CEQA," State Public Resources Code Section 21000 et seq.), the CEQA Guidelines (Public Resources Code Section 15000 et seq.) and local environmental procedures. "Exception" means a city -approved deviation from a development standard based on the following types of findings by the decision-making authority: 1.General finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and 2.One (1) or more specific findings justifying the particular exception requested. "Family" means one (1) or more persons occupying one (1) dwelling unit. The word "family" includes the occupants of congregate living and residential care facilities, as defined herein, serving six (6) or fewer persons which are permitted or licensed by the state. The word "family" does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club or motel. Family Day Care Home. See "Child day care home." "Farm" means a parcel of land devoted to agricultural uses where the principal use is the propagation, care and maintenance of viable plant and animal products for commercial purposes. "Farmworker housing" means any building or group of buildings where six (6) or more farm employees are housed. Page 12 of 33 400 "First class condominium hotel" means a condominium hotel where both of the following apply: 1.The condominium hotel has a brand operator or an independent operator that is experienced in the upscale segment or luxury segment of the hospitality industry as defined by J.D. Power and Associates; and 2.The condominium hotel satisfies the published requirements that will be sufficient for a ranking of no fewer than three (3) stars in the most recent annual awards list published from time to time by AAA Travel Guides or by the Mobil Travel Guide. Flag. See sign definitions, Section 9.160.130. Flag Lot or Panhandle Lot. See definitions under "Lot." "Flood" means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. "Flood insurance rate map (FIRM)"or "flood boundary and floodway map" mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. "Floodplain" means the land area adjacent to a watercourse and other land areas susceptible to being inundated by water. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Floor Area, Gross. See "Gross floor area." Floor Area, Livable. See "Livable floor area." "Floor area ratio" means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the building site area. Page 13 of 33 401 "Fraternity house" or "sorority house" means a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution. Freestanding Sign. See sign definitions, Section 9.160.130. Front Lot Line. See definitions under "Lot line." "Garage" means a building or portion of a building used primarily for the parking of motor vehicles. Gas Station or Service Station. See "Automobile service station." "General plan" means the general plan of the city of La Quinta. "Government code" means the California Government Code. Grade, Average. "Average grade" means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land. Grade, Average Finish. "Average finish grade" means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land after final grading. Grade, Finish. "Finish grade" means the ground elevation at any point after final grading. "Grading" means the filling, excavation or other movement of earth for any purpose. "Granny flat" or "granny housing" means a secondary dwelling unit which is: (1) intended for the sole occupancy of one (1) or two (2) adult persons sixty-two (62) years of age or over; and (2) located on a building site containing an existing single family detached dwelling. The floor area of an attached granny flat does not exceed thirty percent (30%) of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed one thousand two hundred (1,200) square feet. (See also "Second unit.") "Grazing" means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. Page 14 of 33 402 "Gross acreage" means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Gross Density. See "Density." "Gross floor area" means the total square footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas. Gross Lot or Parcel Area. See "Lot area, gross." "Ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Ground Sign. See "Freestanding sign" in sign definitions, Section 9.160.130. "Guest house" means a detached or attached unit which has sleeping and sanitary facilities, which may include full bathroom and/or kitchen or cooking facilities, and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. "Guest ranch" means any property of five (5) acres or more operated as a ranch which offers guest rooms for rent and which has outdoor recreational facilities such as horseback riding, swimming or hiking. Habitable area. See "Livable floor area." "Habitable room" means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. "Hazardous waste" means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical, chemical or infectious characteristics, may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Home for the aged. See "Convalescent home." Page 15 of 33 403 Homeless Shelter. See "Emergency shelter." "Home occupation" means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See Section 9.60.110. "Homeowner association" or "HOA" means the "association," as defined in Section 4080 of the California Civil Code (or successor provision) that serves as the nonprofit corporation or unincorporated association created for the purpose of manaaina a common interest development. "Hospital" means a facility licensed by the State Department of Health Services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. "Hotel" means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis. Identification Sign. See sign definitions, Section 9.160.130. "Industrial park, " "business park" or "office park" means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common off-street parking provided to serve all uses on the property. "Intensity" means the level of development or activity associated with a land use, as measured by one (1) or more of the following: 1.The amount of parking required for the use per Chapter 9.150. 2.The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. 3.The floor area occupied by the use. 4.The percentage of the building site occupied by the use or by the structure containing the use. Interior Lot Line. See definitions under "Lot line." "Kennel" means any building, structure, (5) or more dogs are kept or maintained purpose of boarding, breeding, training, purpose. Page 16 of 33 enclosure or premises within which five primarily for financial profit for the marketing, hire or any other similar 404 "Kitchen" means any room all or part of which is designed and/or used for the cooking or other preparation of food. Land Use. See "Use." Land Use Intensity. See "Intensity." Landfill, Sanitary. "Sanitary landfill" means an area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material. Laundry Plant. See "Cleaning plant or laundry plant." "Livable floor area" means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. "Live entertainment" means any act, play, revue, pantomime, scene, dance or song, or any combination of the foregoing performed in person by one (1) or more persons whether or not they are compensated for their performance. Living Area. See "Livable floor area." Lodginghouse. See "Boardinghouse." "Lot" means an area of land under one (1) ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code. Types of lots and their definitions are as follows: 1. "Corner lot" means a lot abutting two (2) streets intersecting at an angle of not more than one hundred thirty-five (135) degrees. If the angle of intersection is more than one hundred thirty-five (135) degrees, the lot is an "interior lot." 2. "Flag or panhandle lot" means a lot connected to the street with a narrow access portion less than forty (40) feet wide and more than twenty (20) feet long and situated so that another lot is located between the main portion of the flag lot and the street. Page 17 of 33 405 Lot Types and Lot Lines 3. "Interior lot" means a lot abutting only one (1) street or abutting two (2) streets which intersect at an angle greater than one hundred thirty-five (135) degrees. 4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one (1) or more adjoining lots. 5. "Reverse corner lot" means a corner lot, the rear of which abuts the side of another lot. 6. "Through lot" means a lot with frontage on two (2) parallel or approximately parallel streets. "Lot area" means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. "Lot coverage" or "building site coverage" means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post - supported roofs over patios and walkways are not included. Page 18 of 33 406 "Lot frontage" means the length of the front lot line. For corner lots the lot frontage shall be measured from the interior lot corner to the outside of the corner cut-back. "Lot line or property line" means any boundary of a lot. The classifications of lot lines and their definitions are as follows: 1. "Front lot line" means the following: a. On an interior lot, the line separating the lot from the street; b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the director shall determine the front lot line); c. On a through lot, the lot line abutting the street providing primary access to the lot. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly-shaped lot or a lot bounded by only three (3) lot lines, the rear lot line is a ten (10) -foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this code. 4. "Side lot line" means any lot line which is not a front or rear lot line. "Low Barrier Navigation Center" as defined in Government Code Section 65660 means a Housing First, low -barrier, service -enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Lower income households" bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code. "Lowest floor" means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood - resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP floodplain district, Section 9.140.030. Page 19 of 33 407 "Manufactured home" means a residential building transportable in one (1) or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. "Master commercial development" means a commercial center for which an overall site development permit was approved and implemented, which may have remaining unconstructed pads or buildings. "Master plan of arterial highways" means a component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city. "Master plan of drainage" means an engineering report outlining the drainage facilities needed for the proper development of the city. "Maximum allowable residential density" means the density allowed under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project. "Median" means a paved or planted area separating a street or highway into opposite -direction travel lanes. Medical Clinic. See "Clinic, medical." "Medical marijuana dispensary" means a facility or location which provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 et seq. "Menagerie" means a lot on which more than one (1) wild, non-domestic reptile (not including turtles or tortoises), bird (not including poultry) or mammal is kept. A tamed or trained wild animal shall not be considered a domestic animal. "Ministorage facility" means a building containing various size storage compartments not exceeding five hundred (500) square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. "Minor adjustments" are deviations in standards which have little or no potential for adverse impacts on the surrounding community and which are reviewed administratively. Minor Use Permit. See "Use permit." Page 20 of 33 408 Mobilehome. See "Manufactured home." "Mobilehome park" or "mobilehome development" means any area or tract of land used to accommodate mobilehomes for human habitation, including pads for mobilehomes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180. "Moderate income" or "persons and families of moderate income" means those middle-income families as defined in Section 50093 of the California Health and Safety Code. Modular Home. See "Manufactured home." Monument Sign. See sign definitions, Section 9.160.130. "Motel" means a building or group of buildings containing guest rooms rented on a weekly basis or less and with most or all guest rooms gaining access from an exterior walkway. Multifamily Dwelling or Residence. See "Dwelling, multifamily." "Net project area" means all of the land area included within a development project excepting those areas with before -development slopes of thirty percent (30%) or steeper and those areas designated for public and private road rights- of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. "Net site area" or "net lot area" means the total land area within the boundaries of a parcel or building site after ultimate street rights-of-way and easements that prohibit the surface use of the site are deducted. "Noncommercial coach" means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses. "Nonconforming lot" means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.27_ "Nonconforming structure" means a structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current Page 21 of 33 409 development standards applicable to the zoning district in which it is located. See Chapter 9.270. "Nonconforming use" means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. See Chapter 9.270. "Nonconformity" means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term nonconformity does not include illegal uses, lots, or structures, i.e., which were not lawful when established or constructed. See Chapter 9.270. Nursery, Day Care. See "Child day care facility." Nursing Home. See "Convalescent home." Office Park. See "Industrial park." Official Zoning Map. See "Zoning map." "Off-site hazardous waste facility" means any structures, other appurtenances or improvements on land and all contiguous land serving more than one (1) producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including, but not limited to: 1.Incineration facilities (i.e., rotary kiln, fluid bed, etc.); 2.Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities); 3.Stabilization/solidification facilities; 4.Chemical oxidation facilities; 5. Neutralization/precipitation facilities; or 6.Transfer/storage facilities. "Open space" means any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resources, for the protection of valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or Page 22 of 33 410 parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities. Open Space, Usable. "Usable open space" means open space which is predominately level (i.e., slopes less than five percent (5%)) but which may contain some steeper land (i.e., with slopes up to twenty percent (20%)) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of fifteen (15) feet in width and three hundred (300) square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways or bicycle trails. Outdoor Advertising Sign. See "Billboard" in sign definitions, Section 9.160.130. "Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, or flood lights for: 1.Buildings and structures; 2.Recreational areas; 3.Parking lot lighting; 4.Landscape lighting; 5.Billboards and other signs (advertising or other); 6.Street lighting; 7.General area and yard lighting. "Outdoor vendors" include hotdog stands, ice cream carts, and other retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design suitable for placement on a private sidewalk, plaza, or pedestrianway. Panhandle Lot or Flag Lot. See definitions under "Lot." "Parcel" means an area of land under one (1) ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code. Page 23 of 33 411 "Parking accessway" means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas. "Parking structure" means a structure which is open or enclosed and is used for the parking of motor vehicles. "Parkway" means the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. "Pasture" means an enclosed holding area consisting of grass or similar vegetation, specifically used for purposes of grazing or feeding of animals. Patio Home. See "Dwelling, patio home." "Permitted use" means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code. "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, receiver, syndicate, public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit. "Person with a disability" is a person with a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment. "Personal services" are establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops, spas and tanning salons, clothing rental, dry cleaning stores, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. "Planned unit development" means a residential development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. Pole Sign. See sign definitions, Section 9.160.130. Portable Sign. See sign definitions, Section 9.160.130. Page 24 of 33 412 "Precise plan" or "precise plan of development" means the plan or plans for a project, development or other entitlement approved by the decision-making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. "Precise plan of highway alignment" means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines. Primary Residence. See "Main dwelling." "Primary unit" means a single-family or multifamily residential unit constructed and intended as the principal unit and building on a lot. The primary unit shall be the largest unit on the lot. "Principal use" means the primary or predominant use of any parcel, building site or structure. "Project area" means all of the land area included within a development project excepting those areas designated for public and private road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. Projecting Sign. See sign definitions, Section 9.160.130. "Property line" means a lot line or parcel boundary. "Public agency" means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof. Rear Lot Line. See definitions under "Lot line." "Reasonable accommodation" means the process of providing flexibility in the application of land use, zoning, and building regulations, practices, and procedures to eliminate barriers to housing opportunities for persons with disabilities. "Recreational vehicle" or 'RV" means all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhomes, travel trailers, "5th wheels" and camper shells. "Recycling" means the process by which waste products are reduced to raw materials and transformed into new products. Page 25 of 33 413 Relocatable Building. See "Building, relocatable." "Residential care facility" or "community care facility" means a residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six (6) or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. Residential, Multifamily. See "Dwelling, multifamily." Residential, Single -Family. See "Dwelling, single-family." "Restaurant" means any use providing for the preparation, retail sale and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, pubs, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, whose primary activity is food service and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term "restaurant" may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, Drive -Through. "Drive-through restaurant" means a restaurant with one (1) or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Rest Home. See "Convalescent home." "Retail" means the selling of goods or merchandise directly to the ultimate consumer. "Reverse vending machine" means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return. "Riding academy" means a facility designed and used primarily for recreational riding, training and instruction purposes, and allowing both on-site boarding or trailering of horses to the facility. "Riding and hiking trail" means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles. "Right-of-way" means the entire width of property used for streets, highways, flood or drainage works, overhead or underground utilities, or any related improvements. Page 26 of 33 414 Roof Sign. See sign definitions, Section 9.160.130. Roominghouse. See "Boardinghouse." "Satellite dish antenna" means an apparatus capable of receiving communications from a man-made satellite. "Scenic highway" means any highway designated a scenic and/or historic highway by an agency of the city, state or federal government. Second Unit. In accordance with Government Code Section 65852.2(i)(4), "second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the same parcel as the single-family dwelling is situated. A second unit also includes the following: 1.An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; 2.A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Section" means a portion of this zoning code beginning immediately after a six (6)- or seven (7) -digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the next such six (6)- or seven (7) -digit number. (See also "Subsection.") "Semi-permanent sign" means a non -illuminated sign which requires a sign permit, such as advertising the future construction or opening of a facility, model home complex, commercial, or residential subdivision identification which is intended to be erected or posted for a minimum of sixty-one (61) days and a maximum of one (1) year. A permit for semi-permanent signs advertising future facility construction shall not be approved until a development review application has been submitted. "Senior citizen" means a person fifty-five (55) years of age or older. "Senior citizen residence" means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six (6) or fewer senior citizens. "Senior group housing" means a residential development which is developed or substantially renovated for and occupied by seven (7) or more senior citizens. Page 27 of 33 415 "Service" means an act or any result of useful labor which does not in itself produce a tangible commodity. Service Station. See "Gas station." "Setback" means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line or other specified boundary. Sexually Oriented Business. See Chapter 5.80 of the municipal code. "Shopping center" or "commercial center" means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and off-street parking provided to serve all uses on the property. Side Lot Line. See definitions under "Lot line." "Sidewalk sale" or "parking lot sale" means the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping center. (See also "Special commercial event.") "Sign" means any medium for visual communication, including, but not limited to, words, symbols and illustrations together with all parts, materials, frame and background, which medium is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. Also, see sign definitions, Section 9.160.130. Single -Family Dwelling or Residence. See "Dwelling, single-family." "Single room occupancy (SRO) facility" or "SRO hotel" means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one (1) or two (2) persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared. Site. See "Building site." Site Area, Net. See "Net project or site area." Site Coverage. See "Building site coverage." Site Development Permit or Development Permit. See Section 9.210.010. "Slope" or "slope gradient" means the vertical distance between two (2) points on a slope divided by the horizontal distance between the same two (2) points, Page 28 of 33 416 with the result expressed as a percentage; e.g., "the slope has a twenty percent (20%) gradient" (usually used to describe natural as opposed to manufactured, slopes). "Slope ratio" means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes). "Special commercial event" means the temporary outdoor display and sale of merchandise by two (2) or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events within a commercial center. "Specific plan" means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and State Government Code Section 65450 et seq. "Stable" means a building or structure containing multiple stalls for the purposes of sheltering, feeding, boarding, accommodating or otherwise caring for several horses at one (1) time. "Stall" means a division of a stable accommodating one (1) horse into an adequately sized enclosure for the purpose of confining individual horses within a sheltered environment as may be necessary for security, safety or other reasons pertinent to the health, welfare and daily care of each animal. "Stock cooperative" means a corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy. "Storage" means a place where goods, materials, and/or personal property is placed for more than twenty-four (24) hours. "Story" means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it. "Street" means a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. "Structure" means anything that is erected or constructed having a fixed location on the ground or attachment to something on the ground and which extends more than thirty (30) inches above the finish grade. A mobilehome or Page 29 of 33 417 relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. "Subsection" means a portion of a section of this zoning code designated by a section number followed immediately by an upper case letter; for example, subsection 9.10.010(A). (See also "Section.") "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 of the Health and Safety Code 50675.14(b) and that is linked to on-site or off- site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. ("Target population" includes adults with low income having one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.) "Swimming pool" means an artificial body of water having a depth in excess of eighteen (18) inches, designed, constructed and used for swimming, dipping or immersion purposes by humans. "Tandem parking" means any off-street parking space(s), or arrangement of such spaces, configured in such a manner such that one (1) or more spaces is not directly accessible to a street or other approved access without traversing any portion of another space. "Temporary sign" means any non -illuminated sign which may require a sign permit and which is intended to be posted for a maximum of forty-five (45) days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs. "Temporary use" means a land use established for a specified period of time, which use is discontinued at the end of such specified time. "Timeshare facility" means a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from twelve (12) or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. Page 30 of 33 418 Townhome. See "Dwelling, townhome." "Transient basis" means for a continuous period of two (2) weeks or less. "Transitional housing" is buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. "Transitional shelter" means a shelter for homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e., for a continuous period of two (2) weeks or less. Two (2) -Unit Attached Dwelling. See "Dwelling, two (2) -unit attached." "Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the general plan. "Use" or "land use" means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. "Use permit" means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, or residents while uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020. Variance. See Section 9.210.030. "Vehicular accessway" means a private, nonexclusive vehicular easement affording access to abutting properties. "Very low income households" bears the same meaning as defined in Section 50105 of the Health and Safety Code. Page 31 of 33 419 "Veterinary clinic" means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use. "Village hospitality home" means a unit located on a parcel size between four thousand five hundred (4,500) square feet and ten thousand (10,000) square feet that is not occupied by an owner or manager and that is rented in its entirety to transient guests for a period of thirty (30) consecutive calendar days or less, subject to Chapter 3.24 Transient Occupancy Tax. Wall Sign. See "Building -mounted sign" in sign definitions, Section 9.160.130. "Wing wall" means an architectural feature in excess of six (6) feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. "Yard" means an open space on a parcel of land or building site unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows: 1. "Front yard" means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety (90) -degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street right-of-way or its tangent. 2. "Rear yard" means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety (90) - degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent. 3. "Side yard" means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety (90) -degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent. Page 32 of 33 420 REAR YARD I INTERIOR LU SIDE YARD LU _ Cn r FRONT YARD EXTERIOR SIDE YARD STREET TYPES OF YARDS "Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. "Zoning district" or "district" means an area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards. "Zoning map" or "official zoning map" means a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development standards required, and other applicable provisions of this code. ( Ord. 603 § 1(Exh. A), 2022; Ord. 602 Exh. A, 2022; Ord. 577 § 1, 2019; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 1, 2016; Ord. 512 § 1, 2013; Ord. 505 § 1, 2012; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996) Page 33 of 33 421 422 PUBLIC HEARING ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO UPDATE THE CITY'S USER AND REGULATORY MASTER FEE SCHEDULE BY ADDING A PERMIT FEE FOR LARGE LOT — QUALIFIED AND CERTIFIED RECOMMENDATION Adopt a resolution to update the City's user and regulatory Master Fee Schedule by adding a permit fee for Large Lot — Qualified and Certified. EXECUTIVE SUMMARY • The City periodically updates user and regulatory fees. Fee adjustments are made to improve the correlation between the cost of providing services and the fees imposed to recover those costs. On December 5, 2023, Council adopted Ordinance No. 607 which added Section 3.25.057 to the La Quinta Municipal Code (LQMC) and established an exemption for "Large Lot — Qualified and Certified," as defined, from the ban on the issuance of new short-term vacation rental (STVR) permits, currently in effect pursuant to Section 3.25.055 of the LQMC, along with related regulations, requirements, and qualifying criteria; Ordinance No. 607 went into effect on January 4, 2024; The proposed Resolution, if adopted, will establish a fee of $1,500 for the review and processing of Large Lot — Qualified and Certified permit applications, which will go into effect upon adoption, on January 16, 2024, and will be added to the City's current Master Fee Schedule (MFS). FISCAL IMPACT The Large Lot — Qualified and Certified permit is a newly established permit type; the City anticipates very low volume of applications being filed, approximately 1-2 per year, if any; thus, the proposed fee addition will have a minimal affect to annual revenues, of $1,500 per fiscal year. BAC KGROU N D/ANALYSIS The City periodically updates user and regulatory fees. Fee adjustments are made to improve the correlation between the cost of providing services and the fees imposed to recover those costs. 423 Effective May 20, 2021, Section 3.25.055 of the LQMC established a ban on the issuance of new STVR permits for properties located within non-exempt areas in the city. On December 5, 2023, Council adopted Ordinance No. 607 which added Section 3.25.057 to the LQMC and established an exemption for "Large Lot — Qualified and Certified," as defined, from the ban on the issuance of new STVR permits, currently in effect pursuant to Section 3.25.055 of the LQMC, along with related regulations, requirements, and qualifying criteria; Ordinance No. 607 went into effect on January 4, 2024. The City commissioned ClearSource Financial Consulting to conduct an analysis to determine the cost to review and process Large Lot — Qualified and Certified permit applications, included as Attachment 1. The proposed fee of $1,500 per application estimates 8.5 hours of service time based on labor effort typically anticipated for such application review, multiplied by the current hourly rate of $183, determined as part of the 2023 MFS analysis, and periodically adjusted to account for regional cost inflation. The recommended fee for this service targets less than full cost recovery (96%), which is consistent with the City's historical cost recovery policy. If adopted, this fee will go into effect upon adoption, on January 16, 2024, and will be incorporated into the City's current MFS, which was adopted on July 18, 2023, via Resolution No. 2023-029. Incorporating this fee into the MFS will allow for this fee to be considered with future comprehensive user and regulatory fee updates. Other than the addition stated above, there are no changes proposed to the City's user and regulatory fees. AGENCY AND PUBLIC REVIEW Notice regarding the proposed fee changes was provided in accordance with Government Code Sections 66016 and 6062(a). Interested stakeholders, the Building Industry Association of Southern California — Riverside County Chapter (BIA), Desert Valley Builders Association (DVBA), and the Southern California Gas Company (SC Gas) received notice of this recommendation on December 28, 2023. Public Hearing Notices were also published in The Desert Sun newspaper on January 5 and 12, 2024. As of this writing, the City received one comment letter from the DVBA, noting no concerns with this action, dated January 2, 2024, included as Attachment 2. ALTERNATIVES Council may elect not to adopt a fee in a different amount than recommended by staff, as long as the fee is equal or less than full cost recovery per the enclosed cost of service analysis. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachments: 1. Cost of Service Analysis 2. DVBA Comment Letter, dated January 2, 2024 424 RESOLUTION NO. 2024 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A PERMIT FEE FOR "LARGE LOT — QUALIFIED AND CERTIFIED" AND INCORPORATING IT INTO THE CITY'S MASTER FEE SCHEDULE WHEREAS, this action is exempt under the California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273(a) Rates Tolls Fares and Charges; and WHEREAS, this public hearing to set fees was duly noticed pursuant to Government Code Section 6062(a) — Manner of Publication for new fees and increases in The Desert Sun newspaper on January 5 and 12, 2024; and WHEREAS, on December 5, 2023, the City Council adopted Ordinance No. 607 which added Section 3.25.057 to the La Quinta Municipal Code (LQMC) and established an exemption for "Large Lot — Qualified and Certified," as defined, from the ban on the issuance of new short-term vacation rental permits, currently in effect pursuant to Section 3.25.055 of the LQMC, along with related regulations, requirements, and qualifying criteria; Ordinance No. 607 went into effect on January 4, 2024; and WHEREAS, user and regulatory fees are established by the City Council; and WHEREAS, the City commissioned ClearSource Financial Consulting to conduct an analysis to determine the cost to review and process Large Lot — Qualified and Certified permits; and WHEREAS, the study examined fee -related services provided by the City, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services; and WHEREAS, the City Council finds that providing these services is of special benefit to applicants both separate and apart from the general benefit to the public; and therefore, in the interests of fairness to the general public, the City desires to better recover the costs of providing these services from applicants who have sought or require the City's services by revising its schedule of fees; and WHEREAS, the City Council hereby establishes a fee for Large Lot — Qualified and Certified permit applications, as set forth in enclosed Exhibit A, based on the cost of service analysis which estimates 8.5 -hours of service time based on labor effort typically anticipated for such application review, multiplied by the current hourly rate of $183, determined as part of the 2023 Master Fee Schedule analysis, and periodically adjusted 425 Resolution No. 2024 — XXX Master Fee Schedule — Add Large Lot — Qualified and Certified Permit Fee Adopted: January 16, 2024 Page 2 of 3 to account for regional cost inflation. The recommended fee for this service targets less than full cost recovery (96%); and WHEREAS, the City Council hereby finds that the study provides adequate evidence to conclude that the fee for Large Lot — Qualified and Certified does not exceed an amount necessary to recover the reasonable cost to provide the services for which the fee is charged; and WHEREAS, the adopted fee shall be incorporated into the City's current Master Fee Schedule, which was adopted on July 18, 2023, via Resolution No. 2023-029. Incorporating this fee into the Master Fee Schedule will allow for this fee to be considered with future comprehensive user and regulatory fee updates. Resolution No. 2023-029 is hereby amended as expressly provided by this resolution but shall otherwise remain in effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby adopts each recital set forth above as a specific finding. SECTION 2. The City Council hereby adopts the Large Lot — Qualified and Certified permit fee, as set forth in attached "Exhibit A," incorporated herewith by this reference, which will be added to the Master Fee Schedule. SECTION 3. This Resolution and the fee it adopts shall go into effect upon adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of January 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: EWT Resolution No. 2024 — XXX Master Fee Schedule — Add Large Lot — Qualified and Certified Permit Fee Adopted: January 16, 2024 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 LINDA EVANS, Mayor City of La Quinta, California 427 RESOLUTION NO. 2024 -XXX - EXHIBIT A Adopted: January 16, 2024 Master Fee Schedule Schedule of Short -Term Vacation Rental Permit Fees [a] If special inspection is required, amount will be billed hourly in half-hour increments using the billing rate of the department providing the services. [b] A residential dwelling within a residential project subject to a "mitigation fee," paid to the city to offset revenue losses caused by the development of the residential project, pursuant to a development agreement with the city, or pursuant to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), pursuant to which short-term vacation rentals are a permitted use. [As of the adoption of this resolution, the following residential projects qualify under these requirements: Codorniz, La Quinta Desert Villas (Homewood Suites), Legacy Villas, Puerta Azul, and Signature at PGA West] 428 Short -Term Vacation Rental Permit Fee 1 Homeshare Short -Term Vacation Rental Permit Homeshare STVR Permit - Less than 5 Bedrooms $261 per year [a] Homeshare STVR Permit - 5 Bedrooms or More $523 per year 2 Primary Residence Short -Term Vacation Permit Primary Residence STVR Permit - Less than 5 Bedrooms $784 per year [a] Primary Residence STVR Permit - 5 Bedrooms or More $1,307 per year 3 General Short -Term Vacation Rental Permit General STVR Permit - Less than 5 Bedrooms $1,046 per year [a] General STVR Permit - 5 Bedrooms or More $1,307 per year 4 General Short -Term Vacation Rental Permit (subject to annual mitigation fees) [b] General STVR Permit - Less than 5 Bedrooms (subject to mitigation fees) $261 per year [a];[b] General STVR Permit - 5 Bedrooms or More (subject to mitigation fees) $523 per year [b] 5 Large Lot - Qualified and Certified $1,500 each 6 Technology Enhancement Fee $8 per year [a] If special inspection is required, amount will be billed hourly in half-hour increments using the billing rate of the department providing the services. [b] A residential dwelling within a residential project subject to a "mitigation fee," paid to the city to offset revenue losses caused by the development of the residential project, pursuant to a development agreement with the city, or pursuant to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), pursuant to which short-term vacation rentals are a permitted use. [As of the adoption of this resolution, the following residential projects qualify under these requirements: Codorniz, La Quinta Desert Villas (Homewood Suites), Legacy Villas, Puerta Azul, and Signature at PGA West] 428 City of La Quinta Short -Term Vacation Rental - Large Lot STVR Exemption Application Fee Cost of Service Calculation 1 Large Lot - Qualified and Certified 8.50 x ATTACHMENT 1 MCurrent Proposed Cost Cost Proposed Cost Servi ntFee Recovery Fee Recovery * For purposes of this analysis, service time based on labor effort typically anticipated for these application reviews. Hourly rate is based on rate determined as part of prior fee study, periodically adjusted to account for regional cost inflation. 429 Master Fee Schedule Short -Term Vacation Rental - Large Lot STVR Exemption Application Fee $1,500 per application 430 1 Large Lot - Qualified and Certified $1,500 per application 430 PUBLIC HEARING ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: January 16, 2024 STAFF REPORT AGENDA T : ADOPT RESOLUTIONS TO: 1) APPROVE SPECIFIC PLAN AMENDMENT 2022-0003 (SP 1997-029, AMENDMENT 6) AND SITE DEVELOPMENT PERMIT 2022-0007 FOR A 125 -ROOM HAMPTON INN HOTEL, AND 2) ADOPT AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION (EA2017-0009) PURSUANT TO SECTION 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT NO SUBSTANTIAL CHANGES TO THE PROJECT ARE PROPOSED THAT RESULT IN NEW SIGNIFICANT ENVIRONMENTAL EFFECTS; LOCATION: SOUTHWEST CORNER OF LA QUINTA DRIVE AND AUTO CENTRE DRIVE ZECOMMENDATION Adopt a resolution to adopt an Addendum to the Mitigated Negative Declaration (MND) for Environmental Assessment 2022-0011. Adopt a resolution to approve Specific Plan Amendment 2022-0003 and Site Development Permit 2022-0007 for a 125 -room Hampton Inn hotel. EXECUTIVE SUMMARY • The project site (Site) is located on a vacant parcel at the southwest corner of Auto Centre Drive and La Quinta Drive (Attachment 1). • The Centre at La Quinta Specific Plan identifies a hotel development planned for this Site. The applicant is proposing a hotel development including an amendment to the Specific Plan to increase the allowable floor area ratio and decrease the minimum parking standard for a proposed 125 -room Hampton Inn hotel. The project was heard by the Planning Commission on December 12, 2023. The Commission recommended adoption of an Addendum to the Mitigated Negative Declaration (MND) and approval of the Specific Plan Amendment (SPA) and Site Development Permit (SDP). FISCAL iMNAc; i A 125 -room hotel will generate transient occupancy tax (TOT) revenue. 431 BACKGROUND/ANALYSIS The 2.8 -acre Site (APN 600-340-060) consists of a single vacant parcel, bordered by a vacant commercial lot to the west, a Walmart Supercenter to the east, the new SolTerra residential community to the south, and the Torre Nissan and La Quinta Chevrolet dealerships to the north (Attachment 2). The Site is currently vacant land being used as a construction staging area for the SolTerra residential project. Specific Plan Amendment The Centre of La Quinta Specific Plan calls for a hotel development at this Site. The applicant proposes an SPA to modify two of the current development standards: 1) to increase the maximum floor area ratio from 0.35 to 0.61 to accommodate a three-story, 125 -room hotel, and 2) to reduce the parking ratio requirement from 1.1 space per room to 1 space per room. The current minimum parking ratio standard would require 138 spaces, and the proposed minimum 1 space per room parking ratio would require 125 spaces. (Exhibit A to the SPA and SDP Resolution) Site Development Permit (SDP) The Project will consist of a new 125 -room Hampton Inn hotel, three stories, 43 feet in height, with a porte-cochere reception area, outdoor pool and patio, and a dog lot. The building design reflects contemporary architectural design with architectural breaks that will vary wall planes, varying roof lines along frontages, and a simple color and material design incorporating earth tones and contemporary colors to match the surrounding commercial and residential developments (Attachment 3). The Planning Commission imposed conditions of approval regarding reducing the height of the proposed parking lot lighting along the south side of the project, extending architectural parapet features at the rooftop, and removing the south elevation wall sign that would face the SolTerra residential community, in exchange for a lower level sign such as a ground mounted sign. Landscaping Landscaping is proposed throughout the project Site and described within the Preliminary Landscape Plan. The proposed preliminary landscaping plant palette incorporates typical desert compatible species such as Acacia Smallii, Desert Museum Palo Verde, Crape Myrtle, Mexican Fan Palms and Date Palms, and various types of shrubs. Traffic/ Parking Analysis The project takes access from both Auto Center Way and Auto Centre Drive. The Traffic Impact Analysis was previously analyzed during SPA No. 5. No changes were made to the traffic analysis since the project scope is consistent with the previously analyzed traffic analysis. The applicant provided a parking analysis to provide justification for the reduction in the minimum number of parking spaces required (Attachment 4). The Project is providing 126 parking spaces, which exceeds the proposed parking standard. The parking analysis 432 includes a study comparison of two Coachella Valley cities - both Palm Desert and Palm Springs require less parking based on their existing standards. For a 125 -room hotel, Palm Springs's ratio is 1 parking space for the first 50 hotel rooms and 0.75 spaces for every additional room (50+57 = total of 107 spaces). Palm Desert's ratio is 1 space per unit plus additional spaces for other on-site uses (total of 125). Based on the Institute of Transportation Engineers (ITE) Parking General Manual, 126 parking spaces should be sufficient to meet the demands of the hotel and is comparable to similar projects in other desert cities. Further, the hotel will not have other supporting facilities, such as a banquet room(s), large conference rooms, or restaurant open to the public, that would require more parking spaces. AGENCY AND PUBLIC REVIEW Public Agency Review All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended conditions of approval (COAs). Public Hearing Notice This public hearing for this project was advertised in The Desert Sun newspaper on January 5, 2024, and distributed to properties within 500 feet of the Site. At the time of publication, Staff received no written comments. Tribal Consultation In accordance with SB18 and AB52, Tribal Consultation was conducted with the Agua Caliente Band of Cahuilla Indians (ACBCI), who were the only tribe to request consultation. Mitigation was incorporated into the MND as requested by the ACBCI. ENVIRONMENTAL REVIEW The Design and Development Department has prepared an addendum to the MND for Centre at La Quinta SPA No. 5, EA2017-0009, adopted by Council on July 3, 2018, via Resolution No. 2018-038, pursuant to Section 15164 of the California Environmental Quality Act (CEQA), in that no substantial changes to the project are proposed that result in new significant environmental effects. Prepared by: Sijifredo Fernandez, Associate Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map 2. Project Information 3. Development Plan Set 4. Traffic Analysis and Parking Memo 433 RESOLUTION NO. 2024 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION UNDER ENVIRONMENTAL ASSESSMENT 2017-0009 PURSUANT TO SECTION 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT NO SUBSTANTIAL CHANGES TO THE PROJECT ARE PROPOSED THAT RESULT IN NEW SIGNIFICANT ENVIRONMENTAL EFFECTS CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2022-0011 APPLICANT: VERDANT LAQUINTA LLC WHEREAS, the City Council of the City of La Quinta, California did, on January 16, 2024, hold a duly noticed Public Hearing to consider a request by Verdant LaQuinta LLC, for a 125 -room hotel project at the southwest corner of Auto Centre Drive and La Quinta Drive, more commonly described as: Assessor Parcel Number 600-340-060 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on January 5, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on December 12, 2023, hold a duly noticed Public Hearing to consider this request and recommended adoption of the Addendum to the Mitigated Negative Declaration for Environmental Assessment 2022-0011; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to California Environmental Quality Act to justify approval of said Environmental Assessment, incorporated herewith as Exhibit A: 1. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California 434 Resolution No. 2024 -XXX Environmental Assessment 2022-0011 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 2 of 3 history or prehistory. Potential impacts can be mitigated to be less than significant. 2. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. Potential impacts can be mitigated to be less than significant. 3. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. Potential impacts associated with biological resources, cultural and tribal resources, and noise can be mitigated to be less than significant. 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 correct, and constitute the Findings of the City Council in this case. SECTION 2. That the City Council hereby does adopt Environmental Assessment 2022- 0011 adopting an Addendum to the Mitigated Negative Declaration with mitigation measures incorporated herewith as Exhibit A. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of January 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 435 Resolution No. 2024 -XXX Environmental Assessment 2022-0011 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 2 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 436 RESOLUTION NO. 2024 -XXX - EXHIBIT A Environmental Assessment 2022-0011 Project: Hampton Inn Hotel Adopted: January 16, 2024 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 THE CENTRE AT LA QUINTA SPECIFIC PLAN INITIAL STUDY ADDENDUM NO. 1 Specific Plan Amendment No. SP2022-0003 Site Development Permit No. SDP2022-0007 t(v Qa4&(V GEM of the DESERT — City of La Quinta Design and Development City of La Quinta 78-495 Calle Tampico, La Quinta, CA 92253 Contact: Sijifredo Fernandez, Associate Planner Applicant: Greens Group 8815 Research Drive Irvine, CA 92618 Prepared by: Christine Saunders ;�ssaciaf�: christine@csaundersassociates.com 714-488-1529 June 2023 437 This Page Intentionally Left Blank 438 Site Development Permit No. SDP2022-0007 June 2023 The Centre at La Quinto Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 TABLE OF CONTENTS 1 INTRODUCTION, BACKGROUND, AND REGULATORY FRAMEWORK................................................1 1.1 PROJECT LOCATION...................................................................................................................... 1 1.2 PRIOR ENVIRONMENTAL DOCUMENTS ANALYZED...................................................................... 1 1.2.1 Mitigation Measures........................................................................................................2 1.3 DESCRIPTION OF PROPOSED SPECIFIC PLAN AMENDMENT NO. 6 .............................................. 6 1.4 RATIONALE FOR PREPARATION OF AN INITIAL STUDY ADDENDUM ............................................ 6 1.5 DOCUMENT CONTENT AND FORMAT.......................................................................................... 8 1.6 SUMMARY OF FINDINGS - INITIAL STUDY ADDENDUM NO. 1 ..................................................... 8 1.7 DOCUMENTS INCORPORATED BY REFERENCE.............................................................................9 1.8 CONTACT PERSON...................................................................................................................... 10 2 PROJECT DESCRIPTION...............................................................................................................11 2.1 INTRODUCTION........................................................................................................................... 11 2.2 PROJECT SITE SETTING................................................................................................................ 11 2.3 PROJECT CHARACTERISTICS........................................................................................................ 12 2.3.1 Regulatory Components and Entitlements.................................................................... 12 2.3.2 Physical Components..................................................................................................... 14 2.3.3 Operations.....................................................................................................................15 2.3.4 Construction Phases and Schedule................................................................................16 3 PROJECT SUMMARY AND ENVIRONMENTAL DETERMINATION....................................................23 3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED............................................................... 25 3.2 DETERMINATION........................................................................................................................ 25 4 ENVIRONMENTAL ANALYSIS.......................................................................................................26 4.1 AESTHETICS.................................................................................................................................29 4.1.1 Discussion.......................................................................................................................29 4.1.2 Mitigation Measures......................................................................................................30 4.1.3 Conclusion......................................................................................................................30 4.2 AGRICULTURE & FORESTRY RESOURCES ....................................................................................31 4.2.1 Discussion.......................................................................................................................31 4.2.2 Mitigation Measures......................................................................................................32 4.2.3 Conclusion......................................................................................................................32 4.3 AIR QUALITY................................................................................................................................ 33 4.3.1 Discussion.......................................................................................................................33 4.3.2 Mitigation Measures......................................................................................................37 4.3.3 Conclusion......................................................................................................................37 4.4 BIOLOGICAL RESOURCES............................................................................................................ 38 4.4.1 Discussion.......................................................................................................................39 Page i 439 Site Development Permit No. SDP2022-0007 June 2023 The Centre at La Quinto Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.4.2 Mitigation Measures......................................................................................................39 4.4.3 Conclusion......................................................................................................................41 4.5 CULTURAL RESOURCES...............................................................................................................42 4.5.1 Discussion.......................................................................................................................42 4.5.2 Mitigation Measures......................................................................................................43 4.5.3 Conclusion......................................................................................................................44 4.6 ENERGY.......................................................................................................................................45 4.6.1 Discussion.......................................................................................................................45 4.6.2 Mitigation Measures......................................................................................................46 4.6.3 Conclusion......................................................................................................................46 4.7 GEOLOGY AND SOILS..................................................................................................................47 4.7.1 Discussion.......................................................................................................................48 4.7.2 Mitigation Measures......................................................................................................49 4.7.3 Conclusion......................................................................................................................50 4.8 GREENHOUSE GAS EMISSIONS...................................................................................................51 4.8.1 Discussion.......................................................................................................................51 4.8.2 Mitigation Measures......................................................................................................52 4.8.3 Conclusion......................................................................................................................52 4.9 HAZARDS AND HAZARDOUS MATERIALS.................................................................................... 53 4.9.1 Discussion.......................................................................................................................54 4.9.2 Mitigation Measures......................................................................................................55 4.9.3 Conclusion......................................................................................................................55 4.10 HYDROLOGY AND WATER QUALITY............................................................................................ 56 4.10.1 Discussion.......................................................................................................................57 4.10.2 Mitigation Measures......................................................................................................59 4.10.3 Conclusion......................................................................................................................59 4.11 LAND USE AND PLANNING......................................................................................................... 60 4.11.1 Discussion.......................................................................................................................60 4.11.2 Mitigation Measures......................................................................................................61 4.11.3 Conclusion......................................................................................................................61 4.12 MINERAL RESOURCES.................................................................................................................62 4.12.1 Discussion.......................................................................................................................62 4.12.2 Mitigation Measures......................................................................................................62 4.12.3 Conclusion......................................................................................................................62 4.13 NOISE.......................................................................................................................................... 63 4.13.1 Discussion.......................................................................................................................64 4.13.2 Mitigation Measures......................................................................................................65 4.13.3 Conclusion......................................................................................................................65 4.14 POPULATION AND HOUSING......................................................................................................66 4.14.1 Discussion.......................................................................................................................66 Page ii 440 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 June 2023 4.14.2 Mitigation Measures................................................................................................... 4.14.3 Conclusion................................................................................................................... 4.15 PUBLIC SERVICES...................................................................................................................... 4.15.1 Discussion.................................................................................................................... 4.15.2 Mitigation Measures................................................................................................... 4.15.3 Conclusion................................................................................................................... 4.16 RECREATION............................................................................................................................ 4.16.1 Discussion.................................................................................................................... 4.16.2 Mitigation Measures................................................................................................... 4.16.3 Conclusion................................................................................................................... 4.17 TRANSPORTATION................................................................................................................... 4.17.1 Discussion.................................................................................................................... 4.17.2 Mitigation Measures................................................................................................... 4.17.3 Conclusion................................................................................................................... 4.18 TRIBAL CULTURAL RESOURCES................................................................................................ 4.18.1 Discussion.................................................................................................................... 4.18.2 Mitigation Measures................................................................................................... 4.18.3 Conclusion................................................................................................................... 4.19 UTILITIES AND SERVICE SYSTEMS............................................................................................ 4.19.1 Discussion.................................................................................................................... 4.19.2 Mitigation Measures................................................................................................... 4.19.3 Conclusion................................................................................................................... 4.20 WILDFIRE.................................................................................................................................. 4.20.1 Discussion.................................................................................................................... 4.20.2 Mitigation Measures................................................................................................... 4.20.3 Conclusion................................................................................................................... 4.21 MANDATORY FINDINGS OF SIGNIFICANCE.............................................................................. 4.21.1 Discussion.................................................................................................................... 4.21.2 Conclusions................................................................................................................. LIST OF TABLES Table 1— Specific Plan Mitigation Measures.......................................................................................... Table 2 — Existing and Proposed Development Standards - The Centre at La Quinta Specific Plan (SP) Table 3 - Proposed Project Compliance with Revised Design Standards ................................................ Table 4 — Surrounding Land Use............................................................................................................. Table 5 - Summary of 2018 Project Emissions........................................................................................ Table 6 — Summary of Construction and Operational Related Regional Pollutant Emissions ................ Table 7 - Local Construction Emissions at the Nearest Receptors.......................................................... Table 8 — Proposed Project and Land Use Element General Plan Consistency ...................................... 67 67 68 68 69 69 70 70 70 71 72 73 75 76 77 77 78 80 81 82 83 83 84 84 85 85 86 86 87 .2 13 14 24 34 36 36 61 Page iii 441 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 LIST OF FIGURES Figure1 - Regional Vicinity..........................................................................................................................17 Figure 2 - Local Vicinity Map: Aerial Base...................................................................................................18 Figure 3 - Specific Plan Amendment 5 Boundaries.....................................................................................19 Figure 4 - Conceptual Commercial Parcel Site Plan per Specific Plan Section 2 .........................................20 Figure 5 - Proposed Commercial Parcel Site Plan.......................................................................................21 Figure6 - Landscape Plan............................................................................................................................22 LIST OF APPENDICES Appendix A La Quinta Hampton Inn Air Quality, Global Climate Change, and Energy Impact Analysis, Ganddini Group, Inc June 13, 2023 Appendix B-1 Hydrology Study for La Qunita Hampton Inn, Woodard Group, April 2022 Appendix B-2 Project Specific Water Quality Management Plan for Greens Group, APN 600-340-060, Woodard Group, April 2022 Appendix C La Quinta Parking and Traffic Consistency Study (JN 0232-0023), Trames Solutions, Inc., October 26, 2022 Page iv 442 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 1 INTRODUCTION, BACKGROUND, AND REGULATORY FRAMEWORK The Greens Group (Applicant) proposes to construct the 125 -room hotel with a pool (Proposed Project) that the City of La Quinta (City) approved in 2018 on Assessor Parcel No. (APN) 600-340-060 (Project Site). While the number of rooms and number of stories would be same as approved in 2018, the Proposed Project includes the following revisions: the building size would increase from 40,500 square feet (SF) to 73,645 SF; parking would be reduced from the 150 spaces approved to 125 spaces; and a Centre at La Quinta Specific Plan Specific Plan Amendment to increase the floor area ratio (FAR) from 0.35 to 0.61 for only APN 600-340-060 in the Regional Commercial Zone (Proposed Project). The Project Site is south of Auto Centre Drive, west of La Quinta Drive, and east of Auto Center Way South in the zone of Planning Area II of The Centre at La Quinta Specific Plan 97-029 (Specific Plan). The City of La Quinta (City) originally adopted the Specific Plan in July 1997, and it has been amended five times. Implementation of the Proposed Project would require approval of the following entitlements: Specific Plan Amendment No. 6 — SP2022-0003: To amend Table 3.1 "Development Standards" to increase the maximum development density from 42,700 to 74,645 SF, increase Floor Area Ratio (FAR) from 0.35 to 0.61 for the Regional Commercial Zone, which would be applicable only to APN 600-340- 060, and add a category for "Hotel Parking" to identify hotel parking standards to reflect the current hotel design. • Site Development Permit No. SDP2022-0007: to develop APN 600-340-060 with a three-story 125 - room, 73,645 SF hotel with a pool, and 125 parking spaces for the use of hotel guests and employees. The purpose of this environmental analysis is to: • Analyze the proposed amendment of the development standards in the Specific Plan to increase the FAR from 0.35 to 0.61 and corresponding 31,700 SF increase of the proposed hotel. 1.1 PROJECT LOCATION The Specific Plan area is bounded by Adams Street to the west, Auto Centre Drive to the north and La Quinta Drive and the existing Walmart to the east (Figure 1 — Regional Vicinity). An apartment development lies on the southerly boundary. The Project Site is south of Auto Centre Drive, west of La Quinta Drive, and east of Auto Center Way South. The Proposed Project is located to the south along Auto Centre Drive, west of La Quinta Drive, and east of Auto Center Way South (Figure 2 — Local Vicinity Map: Aerial Base). 1.2 PRIOR ENVIRONMENTAL DOCUMENTS ANALYZED The City adopted the Centre at La Quinta Specific Plan 97-029 and Environmental Impact Report (EIR, State Clearinghouse No. 1997011055) in July 1997, to allow for the development of 275,000 square feet for nine new car dealership pads and/or auto related commercial pads on two of the nine pads. It also allowed for development of a 400, 000- square- foot mixed regional commercial center in three planning areas. Planning Areas I and II encompassed the auto center component and Planning Area III was designated for the mixed regional commercial center. Page 1 443 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Several amendments have been approved since the original approval. Amendment No. 5, approved in July 2018, subdivided Planning Area II (PA II) into two separate land use areas: the northerly 2.8 acres of the site would remain General Commercial and the remaining 19.2 acres, located south of the General Commercial, was amended to a Medium High Density Residential General Plan land use designation and a Medium Density zoning designation (Figure 3 —Specific Plan Amendment S Boundaries). The Initial Study approved for Amendment No. 5 in July 2018 (First Carbon Solutions, 2018, herein referred to as the "2018 TCLQ Initial Study") assessed the environmental impacts of a 131 -unit residential community and the development of a 125 -room hotel with a pool in the General Commercial area. The hotel was described as three stories in height, with 13,500 square feet per floor, for a hotel building total of 40,500 square feet, and would include 150 parking spaces for the use of hotel guests and employees (Figure 4 — Conceptual Commercial Parcel Site Plan per Specific Plan Section 2). The City approved the 2018 TCLQ Initial Study along with mitigation measures that were incorporated and would be implemented to reduce impacts to less than significant. 1.2.1 Mitigation Measures The 2018 TCLQ Initial Study identified mitigation measures that would reduce impacts to less than significant. The Mitigation Measures are summarized in Table 1- Specific Plan Mitigation Measures. Table 1— Specific Plan Mitigation Measures Topic Area MM Number Mitigation Measure Air Resources MM AIR -1 During site preparation and grading activities, all off-road construction equipment greater than 150 horsepower (>150 HP) shall be ARB certified Tier 3 or better. Biological MM BIO -1 Construction during Breeding Season and Pre -construction Breeding Bird Resources Surveys To be in compliance with the MBTA and the California Fish and Game Code, and to avoid and reduce direct and indirect impacts on migratory non -game breeding birds, and their nests, young, and eggs to less than significant levels, the following measures shall be implemented. • All ground -disturbing activities, including removal of vegetation, which would remove or disturb potential nest sites shall be scheduled outside the breeding bird season, if feasible. The breeding bird nesting season is typically from January 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. Removing all physical features that could potentially serve as nest sites outside of the breeding bird season also would help to prevent birds from nesting within the project site during the breeding season and during construction activities. • If project activities that would remove or disturb potential nest sites cannot be avoided during January 15 through September 15, a qualified biologist shall conduct a pre -construction clearance and nesting bird survey to search for all potential nesting areas, breeding birds, and active nests or nest sites within the limits of project disturbance up to seven days prior to mobilization, staging and other Page 2 444 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 June 2023 Topic Area MM Number Mitigation Measure disturbances. The survey shall end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance. • If no breeding birds or active nests are observed during the pre - construction survey, or if they are observed and would not be disturbed, then project activities may begin, and no further mitigation would be required. • If an active bird nest is located during the pre -construction survey and potentially would be disturbed, a no -activity buffer zone shall be delineated on maps and marked (flagging or other means) up to 500 feet for special -status avian species and raptors, or 75 feet for non -special status avian species, at the discretion of the qualified biologist. The limits of the buffer shall be demarcated so as to not provide a specific indicator of the location of the nest to predators or people. Materials used to demarcate the nests would be removed as soon as work is complete, or the fledglings have left the nest. Buffer zones shall not be disturbed until a qualified biologist determines that the nest is inactive. • Birds or their active nests shall not be disturbed, captured, handled or moved. Inactive nests may be moved by a qualified biologist, if necessary, to avoid disturbance by project activities. Cultural Resources MM CUL -1 Prior to any ground -disturbing activities, the applicant shall retain the services of a qualified archaeologist and Tribal Monitor. Copies of contracts with monitoring archaeologists and Tribal Monitors shall be provided to the City prior to the issuance of any ground -disturbing permit. Full-time archaeological monitoring shall be conducted by a qualified archaeologist for excavations that will exceed 3 feet in depth. In the event that buried cultural resources are discovered during construction, the archaeologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant's representative shall immediately notify the City. The archaeologist shall determine whether the finding requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA criteria. The archaeologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. Cultural Resources MM CUL -2 Prior to any ground -disturbing activities, the applicant shall retain the services of a qualified geologist or paleontologist. Full-time monitoring shall be conducted for all excavations that exceed 3 feet in depth. In the event that paleontological resources are discovered during construction, the paleontologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant's representative shall immediately notify the City. The paleontologist shall Page 3 445 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Topic Area MM Number Mitigation Measure determine whether the finding requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The paleontologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with the Society of Vertebrate Paleontology Guidelines. Any fossils recovered during mitigation shall be deposited in an accredited and permanent scientific institution. The paleontologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. Cultural Resources MM CUL -3 In the event of the accidental discovery of any human remains on the project, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; and Public Resources Code (PRC) Sections 5097.94 and 5097.98 must be followed. If during the course of project development there is accidental discovery of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the "most likely descendant" (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98, Environmental Issues. Noise MM NO1-1 The project shall supply an alternate mechanical ventilation system for all proposed residential units that will permit windows to remain closed for prolonged periods of time. Transportation MM TRANS -1 Curb -and -gutter and sidewalk improvements are in place but shall be modified accordingly, based on proposed driveway locations. The project shall construct curb -and -gutter and sidewalk improvements along the project's western boundary along the southern extension of Auto Center Way. Adams Street & Driveway 1—Modify the raised median to provide the following storage lengths: • Southbound Left -Turn Lane: Improve the raised median to provide a pocket length of 100 feet to meet City standards for deceleration lanes and to allow right-in/right-out and left -in access only. Page 4 446 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Topic Area I MM Number I Mitigation Measure June 2023 Page 5 447 Auto Center Way & Driveway 2—Construct the intersection with the following: • Construct east leg to facilitate ingress and egress access to the proposed hotel. Driveway 3 & Auto Centre Drive—Construct the intersection with the following: • Construct south leg to facilitate ingress and egress access to the proposed hotel. • Westbound left -turn lane: provide a minimum of 50 feet of storage within the existing two -way -left turn lane (painted median). La Quinta Drive & Driveway 4—Construct the intersection with the following: • Construct west leg to facilitate ingress and egress access to the proposed residential use. • Northbound left -turn lane: provide a minimum of 50 feet of storage within the existing two -way -left turn lane (painted median). Tribal/Cultural MM TRI -1 Prior to any ground -disturbing activities, the applicant shall retain the Resources services of a qualified archaeologist and Tribal Monitor. Copies of contracts with monitoring archaeologists and Tribal Monitors shall be provided to the City prior to the issuance of any ground -disturbing permit. Full-time archaeological monitoring shall be conducted by a qualified archaeologist for excavations that will exceed 3 feet in depth. In the event that buried cultural resources are discovered during construction, the archaeologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant's representative shall immediately notify the City. The archaeologist shall determine whether the finding requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA criteria. The archaeologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. Tribal/Cultural MM TRI -2 Prior to any ground -disturbing activities, the applicant shall retain the Resources services of a qualified geologist or paleontologist. Full-time monitoring shall be conducted for all excavations that exceed 3 feet in depth. In the event that paleontological resources are discovered during construction, the paleontologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant's representative shall immediately notify the City. The paleontologist shall determine whether the finding requires further study. The Applicant shall include a standard inadvertent discovery clause in every Page 5 447 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Topic Area I MM Number I Mitigation Measure Tribal/Cultural Resources construction contract to inform contractors of this requirement. The paleontologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with the Society of Vertebrate Paleontology Guidelines. Any fossils recovered during mitigation shall be deposited in an accredited and permanent scientific institution. The paleontologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM TRI -3 In the event of the accidental discovery of any human remains on the project, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; and Public Resources Code (PRC) Sections 5097.94 and 5097.98 must be followed. If during the course of project development there is accidental discovery of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent human remains, until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the "most likely descendant" (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98, Environmental Issues. 1.3 DESCRIPTION OF PROPOSED SPECIFIC PLAN AMENDMENT NO.6 Specific Plan Amendment (SPA) No. SP2022-0003 would amend Table 3.1 "Development Standards" to increase the maximum development density from 42,700 to 74,400 SF, increase Floor Area Ratio (FAR) from 0.35 to 0.61 which would be applicable only to APN 600-340-060, and add a category for "Hotel Parking" to identify hotel parking standards. 1.4 RATIONALE FOR PREPARATION OF AN INITIAL STUDY ADDENDUM The Proposed Project is a project under the California Environmental Quality Act (Public Resource Code § 21000 et seq.: "CEQA"). The primary purpose of CEQA is to inform the public and decision makers as to the potential impacts of a project and to allow an opportunity for public input to ensure informed decision-making. CEQA requires all state and local government agencies to consider the environmental effects of projects over which they have discretionary authority. CEQA also requires each public agency to mitigate or avoid any significant environmental impacts resulting from the implementation of projects subject to CEQA. Page 6 448 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Pursuant to Section 15367 of the State CEQA Guidelines, the City of La Quinta (the City) is the lead agency for the Proposed Project. The lead agency is the public agency that has the principal responsibility for conducting or approving a project. The City, as the lead agency for the Proposed Project, is responsible for preparing environmental documentation in accordance with CEQA to determine if approval of the discretionary actions requested and subsequent development of the Proposed Project would have a significant impact on the environment. The Proposed Specific Plan Amendment No. 6 includes changes to development standards that were analyzed in a previously adopted environmental document, namely the 2018 TCLQ Initial Study. CEQA Guidelines Section 15164, subd. (a) provides that the lead agency or a responsible agency shall prepare an addendum to a previously certified Environmental Impact Report or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent Environmental Impact Report (EIR) or ND have occurred (CEQA Guidelines, Section 15164, subd. (a)). An addendum need not be circulated for public review but can be included in or attached to the Final EIR or ND (CEQA Guidelines Section 15164, subd. (c)). The decision-making body shall consider the addendum with the Final EIR prior to making a decision on the project (CEQA Guidelines Section 15164, subd. (d)). An agency must also include a brief explanation of the decision not to prepare a subsequent EIR or ND pursuant to Section 15162 (CEQA Guidelines Section 15164, subd. (e)). Consequently, once an Environmental Impact Report (EIR) or Negative Declaration (ND) has been certified for a project, no subsequent EIR or ND is required under CEQA unless, based on substantial evidence the conditions described in CEQA Guidelines Section 15162 are met: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (8) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or Page 7 449 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. This 2018 TCLQ Initial Study Amendment No. 1 and attached documents constitute substantial evidence supporting the conclusion that preparation of a supplemental or subsequent EIR is not required prior to approval because the conditions described in CEQA Guidelines Section 15162 are not met. Therefore, an Addendum to 2018 TCLQ Initial Study can be prepared pursuant to CEQA Guidelines Section 15164. 1.5 DOCUMENT CONTENT AND FORMAT This 2018 TCLQ Initial Study Addendum No. 1 is based on the Environmental Checklist Form (Form), as suggested in Section 15063(d)(3) of the State CEQA Guidelines, as amended, and includes a series of questions about the Project for each of the listed environmental topics. The format of the Form has been revised to evaluate the categories in terms of any changed condition (e.g., changed circumstances, project changes, or new information of substantial importance) that may result in a changed environmental result (e.g., a new significant impact or substantial increase in the severity of a previously identified significant effect) (CEQA Guidelines § 15162[a]). The Specific Plan Initial Study Addendum No. 1 is organized as follows: • Section 1— Introduction, Background, Regulatory Framework. This section introduces the scope of the Project, the City's role in the Project, the regulatory requirements for Project approval, as well as a summary of findings. • Section 2 — Proiect Description. This section details the Proposed Project components and general environmental setting. • Section 3 — Proiect Summary and Environmental Determination. This section summarizes the Project and actions to be undertaken by the City. This section also provides the determination of the environmental document to be approved by the City. • Section 4 — Environmental Analysis. This section contains the Environmental Checklist Form (Form), as suggested in Section 15063(d)(3) of the State CEQA Guidelines, as amended, and includes a series of questions about the Project for each of the listed environmental topics. Refer to Section 4 of this document for details as to how the Form has been modified to determine if the environmental impacts associated with the Project trigger conditions pursuant to CEQA Guidelines Section 15162 which would identify if an Amendment or an Addendum should be prepared. 1.6 SUMMARY OF FINDINGS -INITIAL STUDY ADDENDUM NO. 1 Based on the analysis in Section 4, the Addendum concludes the following: The Proposed Project will not cause significant effects on the environment that were not examined in 2018 TCLQ Initial Study. Page 8 450 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 • All potentially significant impacts of the Proposed Project are mitigated and avoided pursuant to paragraph (1) of subdivision (a) of Section 21081 of the Public Resources Code, as a result of the 2018 TCLQ Initial Study. • The 2018 TCLQ Initial Study examined at a sufficient level of detail the Proposed Project's effects on the environment to enable those effects to be mitigated or avoided by site-specific revisions, the imposition of conditions, or by other means in connection with the approval of the Proposed Project. • The Proposed Project is consistent with the Centre at La Quinta Specific Plan 97-029, the applicable local land use plans, and zoning of the City of La Quinta. • No substantial changes are proposed to the implementation of the Centre at La Quinta Specific Plan 97-029 through the Proposed Project which will require major revisions of 2018 TCLQ Initial Study. • No substantial changes have occurred with respect to the circumstances under which the Proposed Project is being undertaken, which will require major revisions in 2018 TCLQ Initial Study. • Lastly, no new information has become available, which was not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, with mitigation measures incorporated, as complete that is relevant to the conclusions and findings of 2018 TCLQ Initial Study. 1.7 DOCUMENTS INCORPORATED BY REFERENCE The following reports and/or studies are applicable to development of the Project Site and are hereby incorporated by reference: • La Quinta 2035 General Plan, City of La Quinta, (GP), adopted February 19, 2013 (Available at: https://www.laquintaca.gov/business/design-and-development/planning-division/2035-la-quinta- general-plan) • The Centre at La Quinta Specific Plan 97-029, Amendment No. 5, Specific Plan Amendment 2017-0003, (CLASP), adopted July 3, 2018. • Initial Study/Mitigated Negative Declaration, La Quinta—The Centre at La Quinta (APN 600-340-048) Project, City of La Quinta, Riverside County, California, prepared by FirstCarbon Solutions, March 2018 (herein referred to as 2018 TCLQ Initial Study). • Resolution No. 2018- 038, EA 2017- 0009; GPA 2017- 0001; TTM 2017- 00071PM 37359); SP 2017- 0003; SDP 2017- 0012, The Centre at La Quinta, Adopted: July 3, 2018, City of La Quinta. Page 9 451 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 1.8 CONTACT PERSON Any questions about the preparation of the Initial Study, its assumptions, or its conclusions should be referred to the following: Attn: Sijifredo Fernandez, Associate Planner Community Development Department — Planning Division Design and Development City of La Quinta 78-495 Calle Tampico, La Quinta, CA 92253 Phone: (760) 777-7023 Email: SFernandez@LaQuintaCA.gov Page 10 452 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 2 PROJECT DESCRIPTION 2.1 INTRODUCTION The Greens Group (Applicant) proposes to construct the 125 -room hotel with a pool that was approved by the City of La Quinta (City) in 2018 for APN 600-340-060 (Project Site). While the number of rooms and number of stories would be same as approved in 2018, the Proposed Project includes increasing the building size from 40,500 square feet (SF) to 73,645 SF, and parking would be reduced from the 150 spaces approved to 125 spaces.(Figure 5 — Proposed Commercial Parcel Site Plan). The building size increase is due to changes as a result of the hotel's final design which was modified from the conceptual design evaluated in the 2018 Initial Study prepared for Specific Plan Amendment 5. The Proposed Project Site lies within the Regional Commercial area of The Centre at La Quinta Specific Plan 97-029 (Specific Plan), which was originally adopted by the City of La Quinta (City) in July 1997. Implementation of the Proposed Project would require a sixth amendment to The Centre at La Quinta Specific Plan to increase the FAR from 0.35 to 0.61 for Assessor Parcel No. (APN) 600-340-060 and add a category for "Hotel Parking" to identify hotel parking standards to reflect the current hotel design. 2.2 PROJECT SITE SETTING The Project Site is part of The Centre at La Quinta Specific Plan No. 97-029. The City of La Quinta in July 1997 approved The Centre at La Quinta Specific Plan No. 97- 029 ("Specific Plan") with amendments for a 99.3 -acre Project located east of Adams Street, south of Highway 111 and west of Dune Palms Road. The entire Specific Plan area is designated General Commercial on the Land Use Element of the General Plan and is zoned CR - Regional Commercial on the City of La Quinta Zoning Map. The entire Specific Plan is built out except for Planning Area II which is regulated by Specific Plan Amendment No. 4. This area has remained undeveloped for over 20 years. Specific Plan Amendment No.5 allowed the construction of medium density detached housing and a hotel near services and employment in Planning Area II. Specifically, the Project Site consists of an irregularly shaped undeveloped lot and is bounded on the north by Auto Centre Drive, on the south by undeveloped residential land which was approved as part of Specific Plan Amendment 5, on the east by La Quinta Drive, with commercial development beyond, and on the west by Auto Centre Way South, with vacant Regional Commercial land beyond. The Project Site lies within the United States Geological Survey (USGS) La Quinta, California 7.5 Minute Quadrangle map (USGS 2012). The property elevation is approximately 69 feet above mean seal level (amsl). Surface drainage flows to the east-southeast toward the lower elevations. The property has never been developed, except for agricultural fields during the early 1960s until early 1970s. Site Land Use and Zoning Land Use: The City' s General Plan was adopted in February 2013 and governs the land uses planned for the Specific Plan area. The existing General Plan Land Use designation for the Project Site is General Commercial (GC). The full range of commercial uses can occur within this designation, ranging from Page 11 453 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 supermarkets and drugstores in a neighborhood shopping center, to major national retailers in large buildings. General Commercial uses also include professional offices, service businesses, restaurants, hotels or motels, research and development and warehousing or similar low impact quasi ---industrial projects. As established in the City's Land Use Policy 7.1, mixed use development is also appropriate in this designation. Mixed use projects can include vertical mixed use — where retail/office occurs on the ground floor, with residential units above; horizontal mixed use — where retail/ office uses and higher density residential occur next to each other and are integrated through pedestrian connections and common areas; or mixed use added to existing commercial development — where the residential project abuts or wraps around an existing commercial development. Zoning: According to the City of La Quinta Zoning Map, the Project Site is zoned as CR (Regional Commercial), which is a commercial category within the General Commercial Land Use. This zoning designation applies to most commercial land on Highway 111 in the City. The full range of commercial uses can occur within this designation, ranging from supermarkets and drugstores in a neighborhood shopping center, to major national retailers in large buildings. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile -oriented sales and services. 2.3 PROJECT CHARACTERISTICS 2.3.1 Regulatory Components and Entitlements Specific Plan Amendment: The Regional Commercial land use development standards for the Specific Plan are identified in Specific Plan Section 3.1.2 — Standards, specifically, Table 3.1: Development Standards - Regional Commercial. The Specific Plan Standards allow for a maximum development intensity of 42,700 SF with a FAR of 0.35 and does not provide parking calculation guidance for a hotel. The Proposed Project would amend Table 3.1 "Development Standards- Regional Commercial" to increase the maximum development density from 42,700 to 74,400 SF, increase FAR from 0.35 to 0.61, and add a category for "Hotel Parking" to identify hotel parking standards to reflect the proposed hotel design. Table 2 — Existing and Proposed Development Standards identifies the existing development standards from Table 3.1 in the Specific Plan. Proposed additions to Table 3.1, are reflected in underlined text (underlined text) and deletions are reflected in strikeout text (s+r�-A). Page 12 454 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Table 2 — Existing and Proposed Development Standards - The Centre at La Quinta Specific Plan (SP) Development Element SP Regional Commercial Auto Centre Drive 42,700 SF FAR 0.35 FAR .35 Maximum development intensity 20' building/ 20' building/ Auto Center Way South 74,400 SF' FAR .611 FAR .611 10' landscape Minimum lot size 2.8 Acres - Maximum structure height* 50' 50' Maximum number of stories 4 4 Minimum public street setbacks *Setbacks shall be increased 0.5' for every foot above 35 feet in height Hotel Parking — New Development Standard Category A new category for Hotel Parking would be added to The Centre at La Quinta Specific Plan, Table 3.1, Development Standards -Regional Commercial to require one parking space per room, with a minimum of 1.1 space per room and a maximum of 1.3 spaces per room. The proposed parking rate is not based on City standards identified in the City of La Qunita Zoning Code, Section 9.150, Table 9-12. The proposed parking is derived from a Project -specific study (Appendix C - La Quinta Parking and Traffic Consistency Study (JN 0232-0023), prepared by Trames Solutions, Inc, October 26, 2022) which used the Institute of Transportation Engineers (ITE) manual that summarizes parking demand findings for a variety of land uses. The manual titled Parking Generation (5th Edition, 2019) provides recommended parking rates for uses based on independent variables. For land use code 310 (Hotel), the manual indicates that the average parking rate is 0.74 and the 85th percentile parking rate is 0.99 parking spaces per room for suburban areas. This rate accounts for hotels that include supporting facilities such as restaurants, lounges, meeting rooms, recreational facilities, and retail/service shops. The study in Appendix C also reviewed hotel parking standards in cities near La Quinta. Page 13 455 20' building/ 20' building/ Auto Centre Drive 10' landscape 10' landscape 20' building/ 20' building/ Auto Center Way South 10' landscape 20' building/ 20' building/ La Quinta 10' landscape 50' building/ Minimum setback adjacent to residential parcels 50'* 10' landscape Landscape 5% of total site 5% of total site Hotel Parking 1 space per room 1 space per room (min) 1.3 space for room (max) 1' Applicable only to APN 600-340-060 *Setbacks shall be increased 0.5' for every foot above 35 feet in height Hotel Parking — New Development Standard Category A new category for Hotel Parking would be added to The Centre at La Quinta Specific Plan, Table 3.1, Development Standards -Regional Commercial to require one parking space per room, with a minimum of 1.1 space per room and a maximum of 1.3 spaces per room. The proposed parking rate is not based on City standards identified in the City of La Qunita Zoning Code, Section 9.150, Table 9-12. The proposed parking is derived from a Project -specific study (Appendix C - La Quinta Parking and Traffic Consistency Study (JN 0232-0023), prepared by Trames Solutions, Inc, October 26, 2022) which used the Institute of Transportation Engineers (ITE) manual that summarizes parking demand findings for a variety of land uses. The manual titled Parking Generation (5th Edition, 2019) provides recommended parking rates for uses based on independent variables. For land use code 310 (Hotel), the manual indicates that the average parking rate is 0.74 and the 85th percentile parking rate is 0.99 parking spaces per room for suburban areas. This rate accounts for hotels that include supporting facilities such as restaurants, lounges, meeting rooms, recreational facilities, and retail/service shops. The study in Appendix C also reviewed hotel parking standards in cities near La Quinta. Page 13 455 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 2.3.2 Physical Components The Proposed Project would be designed to comply with the Revised Development Standards for the Regional Commercial land use development as identified in Table 3 — Proposed Project Compliance with Revised Design Standards. Table 3 - Proposed Project Compliance with Revised Design Standards Minimum public street setbacks SP Regional Commercial Proposed Project Development Element 10' landscape 10' landscape 10' landscape as Revised as Revised Compliance 42,700 SF 20' building/ 20'+ 4'= 24' building / Maximum development FAR 0.35 FAR .35 Total Building area: 73,645 intensity 74,400 SF1 FAR .611 FAR 0.6 FAR .611 20' building/ 20' building/ 10' landscape Minimum lot size 2.8 Acres - 2.8 Acres Maximum structure height* 50' 50' 46' Maximum number of stories 1 4 4 3 Minimum public street setbacks 1: Applicable only to APN 600-340-060 *Setbacks shall be increased 0.5' for every foot above 35 feet in height Site Plan: The Proposed Project would include the construction of a total of a 125 -room hotel with a pool. The 73,645 SF hotel is an "L" shape, with portions of the building fronting Auto Center Way and the southern boundary. The pool, patio area and dog park would face Auto Center Drive and screened by a 5 - foot -high cement block wall. An earthen retention basin is proposed for the east side, along La Quinta Drive. The hotel entrance is along the southern boundary. While medium density residentially zoned property exists along the southern property boundary (which was approved in Specific Plan Amendment 5), the building is set back approximately 83 feet from the southern property boundary, with parking and landscaping planned within the setback area. Additionally, the residential development includes a concrete wall at the property line, which would be installed by the residential development. Page 14 456 20' building/ 20' building/ 20'+ 4'= 24' building / Auto Centre Drive 10' landscape 10' landscape 10' landscape 36'-6" provided 20' building/ 20' building/ 20'+ 4'= 24' building / Auto Center Way South 10' landscape 10' landscape 10' landscape 24'-5" provided 20' building/ 20' building/ 20' building/ 10' landscape La Quinta 10' landscape 10' landscape 315' provided Minimum setback adjacent 50 ' 50' building/ 83' building to residential parcels 10' landscape Landscape 5% of total site 5% of total site 29% Hotel Parking parking provided: (New Development 1 space per room 1 space per room (min) 1/room, 125 spaces (includes 5 Element) 1.3 space for room (max) ADA) 1: Applicable only to APN 600-340-060 *Setbacks shall be increased 0.5' for every foot above 35 feet in height Site Plan: The Proposed Project would include the construction of a total of a 125 -room hotel with a pool. The 73,645 SF hotel is an "L" shape, with portions of the building fronting Auto Center Way and the southern boundary. The pool, patio area and dog park would face Auto Center Drive and screened by a 5 - foot -high cement block wall. An earthen retention basin is proposed for the east side, along La Quinta Drive. The hotel entrance is along the southern boundary. While medium density residentially zoned property exists along the southern property boundary (which was approved in Specific Plan Amendment 5), the building is set back approximately 83 feet from the southern property boundary, with parking and landscaping planned within the setback area. Additionally, the residential development includes a concrete wall at the property line, which would be installed by the residential development. Page 14 456 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Site Access and Circulation. Primary vehicular access to the Project Site is by one 30 -foot -wide driveway along Auto Center Drive, and one 30 -foot -wide driveway along Auto Center Way, both with reciprocal access and unrestricted turning movements onto both roadways. Parking is situated along the southern boundary, along the east side of the Site, and along the northeast portion of the Site, along Auto Center Drive. Architectural Style. The Proposed Project is designed with neutral earthtones, with rust and blue accents, along with varying elevations at the entrance to reduce the effect of massing. Landscape. The landscape concept provides a comprehensive, layered drought tolerant plant palette with species commonly found throughout La Quinta, such as hybrid palo verde, crepe myrtle, sweet acacia, and shoestring acacia, as shown in Figure 6 — Landscape Plan. Crepe myrtle and shrubs would line the southern boundary. The parcel abutting the Project Site is vacant and planned for residential. The residential development would construct a block wall on the residential parcel. Until then a chain link fence may be installed at the property line to delineate the property boundary. Parking. The Project Site contains a total of 125 parking spaces which includes five Americans with Disabilities Act (ADA) -compliant stalls. Fourteen of the 125 stalls would be "oversized parking" to accommodate larger vehicles such as RVs or truck and tractor trailers. Pursuant to Section 5.106.5.2 of the 2023 California Green Building Standards Code (CCR, Title 24, Part 11— CalGreen), EV charging would be provided. Stormwater Management. The Project proposes an 8,865 SF earthen retention basin on the eastern end of the Project Site. Construction of the Proposed Project would also require the construction contractor to prepare a Stormwater Pollution Prevention Plan (SWPPP) as the Project Site is more than 1 acre. Utilities and Services. Public water and sewer are served by the Coachella Valley Water District (CVWD). Electrical service is readily available through Imperial Irrigation District (IID), and natural gas is available through the Southern California Gas Company. Solid waste services would be provided by Burrtec Waste Industries, the contract waste hauler for the City. Off -Site Improvements. The off-site civil work would consist of the driveway approaches along Auto Center Drive and Auto Center Way South. There is existing sidewalk and curb and gutter along Auto Center Drive, which would remain. New sidewalk and curb and gutter are planned for Auto Center Way South. Additionally, the Project will be conditioned to dedicate right-of-way (ROW) per the City's direction. 2.3.3 Operations The hotel is planned to be managed as a Hampton Inn. The hotel would be staffed 24/7, year-round and is anticipated to be operated by approximately 11 staff members. During the day, the typical shift will consist of seven housekeepers, two front desk clerks, one part time maintenance person, and one hotel manager from gam to 4pm. During the swing shift and overnight shift, there would be one employee in the hotel. The hotel services do not require a designated loading and delivery area. The deliveries anticipated would typically consist of small sundry items for the hotel market. These deliveries are typically made daily by a Page 15 457 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 small van, no larger than 24 -foot -long. Because the quantities are small, the time required to load and unload the delivery typically requires less than 10 to 15 minutes and are made during off-peak times. All laundry facilities are on site; therefore, no laundry deliveries are necessary. Each guestroom would have a vanity area, work desk, a built-in refrigerator, microwave, and bathroom with a shower. Each room will also have a flat screen television, clothes closet, and a variety of bed sizes (e.g., king, or double queen beds). Amenities for hotel guests include an exercise room, ski lockers, bicycle accommodations, guest laundry, a business center, an indoor pool, outdoor patio, and a fire pit. Exterior cameras would be mounted at building entrances, the patio area, and the parking lot. The anticipated occupancy has seasonal variability but is estimated at 78 percent. 2.3.4 Construction Phases and Schedule Construction is anticipated to occur in one phase, beginning in Spring 2024, and last approximately 14 months, with an opening date in 2025. Initial site improvements include demolition, grading and underground infrastructure followed by building construction, paving and landscape, and painting activities. The grading quantities are anticipated to balance on site and little to no import or export of fill material is anticipated. Project construction would require the use of heavy equipment such as dozers, scrapers, paving machines, concrete trucks, and water trucks. Construction activities include the following: Site preparation. The site preparation phase would consist of removing any vegetation, prior to grading and last for approximately one week. The onsite equipment would consist of one grader, one scraper, and one of either a tractor, loader, or backhoe. Grading. The grading phase would occur after completion of the site preparation phase and is anticipated to occur over four weeks. The grading activities are anticipated to be balanced, which would not require any dirt to be imported or exported from the Project Site. The onsite equipment would consist of one grader, one rubber -tired dozer, and two tractors, loaders, or backhoes. Building Construction — Construction of the hotel would occur after the completion of the grading phase and is anticipated to occur over 10 months. The onsite equipment would consist of the simultaneous operation of one crane, two forklifts, one generator, three welders, and one of either a tractor, loader, or backhoe. Final Site Paving and Landscaping—The paving phase would consist of paving the onsite road and surface parking spaces and site landscaping. The paving phase would occur after completion of the building construction phase and was modeled as occurring over four weeks. The onsite equipment is anticipated to consist of the simultaneous operation of one cement and mortar mixer, one paver, one paving equipment, two rollers, and one of either a tractor, loader, or backhoe. Architectural Coating. The application of architectural coatings would occur after completion of the paving phase. The onsite equipment would consist of various stucco application equipment and paint compressors. The coatings could occur over approximately two months. Best Management Practices During Construction. The Applicant and construction contractor would be required to conform to conform to Federal, State, and Local regulations which are identified throughout this document. Page 16 458 Christine Saunders Specific Plan Amendment No. SP2022-0003 and Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 and The Centre at La Quinta Initial Study Addendum No. 1 Riverside County Joshua Tres National Park Pro act 5 ila -tea A i Palm Desert Indio � � Coachella Project Site La oufnta A I Mecca emardlgv National Forest Shc.�rsu ,Scr.z Riverside County ---------------•-•---------------- San Diego Coflr+ty --•-----'---._.-----•---•---- i`--- --------- i N Figure 1: Regional Vicinity Map Not to Scale A Source: First Carbon Solutions, 2018 459 i 41111 pop t• OF M1 mL Project Site k— ----- Y' X 0' � � � APN600-340-060_ -.., IL{ _ Mp Jv is' M.i MC Oki 1*., 10 IJ 40 ' WMA Jr •�I WM ■ �Y�II� Jr '11 life' ii�l'' _ -4 Christine Saunders ,)boles Specific Plan Amendment No. SP2022-0003 and Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 and The Centre at La Quinta Initial Study Addendum No. 1 HIGHWAy CR o s 0� CR w Liu III RM a � LEGEND CR -- {REGIONAL COMMERCIAL} RM - (MEDIUM DENSITY RESIDENTIAL) Figure 1.9: Zoning as Amended N Figure 3: Specific Plan Amendment 5 Boundaries Not to Scale %� Source: The Centre at La Quinta Specific Plan 97-029 Amendment No. 5 461 CI Christine Saunders FLA Specific Plan Amendment No. SP2022-0003 and Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 and The Centre at La Quinta Initial Study Addendum No I PROJECT NOTE: r rr 4E Hd1E1 FOpisa4T JfC IlOi1 WE PW1 9r011M r f rOkO G due ONLY A WA 571E Pux AO i FOR WI'C* A* AP M K PWk FO OLF181RXTM /j+ ppa� ynpt SET OF LA GRA V� J \\ gl�Wl�i�NkY Cid f Z 15 ]0 w �f0 lab i Nh %il I •~•�•� 5 7r r 1y� � SII ZIRL ; n .�r z : H LR I' r n r art Ip+7[ FF +1�q a�ifYC lip pL ! 11 •0• p rJ �l ( rr Ir IJ E JI t 7 baa � rr N Figure 4: Conceptual Commercial Parcel Site Plan per Specific Plan Section 2 Not to Scale A Source: The Centre at La Quinta Initial Study, First Carbon Solutions, March 2018 462 CChristine Saunders MEMO �_solUle Specific Plan Amendment No. SP2022-0003 and Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 and The Centre at La Quinta Initial Study Addendum No. 1 Not to Scale A Figure 5: Proposed Commercial Parcel Site Plan Source: Robert F. Tuttle Architect Inc. 463 Auto Center I)rive P.p—ddrNeway Pool -,alio .. ., , D, Perk. l ... .. ...... '�.` .: a 01 .... .. _ .. ;,. :f� Hotel I 3 story - - Q i r Pmposm Reardon Area PROPER-' LINE RESIDENTIAL NORTH I s�� Not to Scale A Figure 5: Proposed Commercial Parcel Site Plan Source: Robert F. Tuttle Architect Inc. 463 CI Christine Saunders Auto Cerlter flriv�'5 ` Cr Specific Plan Amendment No. SP2022-0003 and Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 and The Centre at La Quinta Initial Study Addendum No. 1 TRLG LEGEND l+1RSTAs RfIrATfSif.'+AMF RISFT44Y'ASYF. RIiF nL'rvnnlrrxnria u vn�L+•• u; RrilRfil.F fATi.5M14:A1 T'SMF. � � • � � • • � •• til].R 4�.ir y:rilliPlY H�afiiix.5r.a• i1B l...d�L.4d 9eF iL�.d 1!ltrd R.6l.ih ,nl. Aul ' Pa��. J�dri lbFar�c' 1.4c.Lic PwWwd a�a •S � flmrma luniii Rqs•. ,x,nl.Hi WN:i J'�n rcA a[r L1.3nacu Fu M1ln ilk I+rw ru��� I. -m Rr. Tk u.x. Px.Ptlis I! nil 1. SHRUB LEGEND l+1RSTAs RfIrATfSif.'+AMF RISFT44Y'ASYF. RIiF nL'rvnnlrrxnria u vn�L+•• u; n�rL.:mma.l.i n�i�i�Y�ujn•ilr. sn '� ['c�aup�Mieom R.tl Vm IXRmAx l.[. Aul �. Fwpuns alevYm LUNq lf[1 4:N -+.i lidnrNk.'L1rsuY N..y.l�n�i! * x�ry.rl.. P•..i�.. R.iS�n fu [IXR LPr... a..n n T n�i xiRL� i4 • RWliilriwrrw%wr l.mo Ywur MiiiY In � Svellr s�wc RLM IXFNc 114 T¢•e:A fsRf"� YUIbRf�uN.r S _ r rc I Residential N Figure 6: Landscape Plan Not to Scale Source: Sitescapes. 464 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 3 PROJECT SUMMARY AND ENVIRONMENTAL DETERMINATION 1. Project Title: The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 La Quinta Hotel 2. Lead Agency Name: City of La Quinta Address Design and Development 78-495 Calle Tampico, La Quinta, CA 92253 3. Contact Person: Sijifredo Fernandez, Associate Planner Phone: (760) 777-7023 Email: SFernandez@LaQuintaCA.gov 5. Project Location: Auto Centre Drive, between Auto Center Way and La Quinta Drive Assessor Parcel No 600-340-060 La Quinta USGS Quad; TSS, R7E, Sect. 29 Latitude 33.70701 N, Longitude 116.28319 W 4. Applicant: Greens Group Address 8815 Research Drive Irvine, CA 92618 6. General Plan Designation: Specific Plan —The Centre at La Quinta Specific Plan 7. Zoning Designation: Regional Commercial (CR) 8. Description of Project: The Greens Group (Applicant) proposes to construct the 125 - room hotel with a pool (Proposed Project) that was approved by the City of La Quinta (City) in 2018 for Assessor's Parcel No. (APN) 600-340-060 (Project Site). While the number of rooms and number of stories would be same as approved in 2018, the following revisions are proposed: the building size would increase from 40,500 square feet (SF) to 73,645 SF; parking would be reduced from the 150 spaces approved to 125 spaces; and a Centre at La Quinta Specific Plan Specific Plan Amendment to increase the floor area ratio (FAR) from 0.35 to 0.61 for the Regional Commercial Zone on APN 600-340- 060 (Proposed Project). 9. Surrounding Land Uses: Surrounding land uses are identified in Table 4—Surrounding Land Use. Page 23 465 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Table 4 — Surrounding Land Use Direction Existing Land Use Description North Auto Centre Drive, auto dealerships north of Auto Centre Drive East La Quinta Drive, Commercial and parking beyond South Vacant, zoned for medium density residential West Adams Street, medium density residential beyond 10. Other Public Agencies Whose Approval is Required: The following ministerial approvals are required for the Project: • South Coast Air Quality Management District (SCAQMD): Permits as needed for construction; and • State Water Resources Control Board — approval of a General Industrial Activities Storm Water Permit and the General Construction Activity Storm Water Permit for construction activity over 1 acre. 11. California Native American Consultation: HAVE CALIFORNIA NATIVE AMERICAN TRIBES TRADITIONALLY AND CULTURALLY AFFILIATED WITH THE PROJECT AREA REQUESTED CONSULTATION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.3.1? IF SO, IS THERE A PLAN FOR CONSULTATION THAT INCLUDES, FOR EXAMPLE, THE DETERMINATION OF SIGNIFICANCE OF IMPACTS TO TRIBAL CULTURAL RESOURCES, PROCEDURES REGARDING CONFIDENTIALITY, ETC.? Public Resources Code (PRC) Section 21080.3.1(b) states that "Prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project, the lead agency shall begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if..." and identifies various conditions relative to tribal consultation. The environmental review for this Project is an Addendum to The Centre at La Quinta Specific Plan Specific Plan Initial Study, therefore, Native American consultation in accordance with Public Resources Code Section 21080.3.1 does not apply. However, Government Code Section 65453 requires local governments to use the same processes for adoption and amendment of specific plans as for general plans. The adoption of general plans and specific plans require tribal consultation prior to the amendment or adoption of general or specific plans. This Project includes an amendment to The Centre at La Qunita Specific Plan, therefore, the City conducted tribal consultation in accordance with SB18. Page 24 466 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Based on the analysis in Section 4, the environmental factors checked below would be potentially affected by the Proposed Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. None of the environmental factors were checked because the Proposed Project would not result in any potential significant impacts after the implementation of the recommended mitigation measures. ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Energy ❑ Geology / Soils ❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous Materials ❑ Hydrology / Water Quality ❑ Land Use/ Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation ❑ Tribal Cultural Resources ❑ Utilities / Service Systems ❑ Wildfire ❑ Mandatory Findings of Significance 3.2 DETERMINATION Based on this initial evaluation, the following finding is made: Signature Date Name Title Page 25 467 The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Although the proposed project could have a significant effect on the environment, because all X potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Name Title Page 25 467 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4 ENVIRONMENTAL ANALYSIS The questions posed in the checklist are derived from 2018 TCLQ Initial Study and the most current CEQA Guidelines Checklist Form. The purpose of the checklist is to evaluate the categories in terms of any changed condition (e.g., changed circumstances, project changes, or new information of substantial importance) that may result in a changed environmental result (e.g., a new significant impact or substantial increase in the severity of a previously identified significant effect) (CEQA Guidelines § 15162). USE OF THE INITIAL STUDY CHECKLIST For the 2018 TCLQ Initial Study, the Checklist Form located in Appendix G of the 2018 CEQA Guidelines was used to analyze Project impacts. Since that time, the California Natural Resources Agency (the "Natural Resources Agency") has made significant changes to the CEQA Guidelines effective in 2018 and 2019, and subsequently, the Checklist Form in Appendix G, which are not reflected in the 2018 TCLQ Initial Study. The amendments addressed legislative changes to the California Environmental Quality Act (CEQA), clarified certain portions of the existing CEQA Guidelines, and updated the CEQA Guidelines to be consistent with recent court decisions. The following major changes to the 2019 CEQA Guidelines include: • Added sections: 15064.3 (transportation) and 15234 (remand procedures). • Amended sections: 15004, 15051, 15061, 15062, 15063, 15064, 15064.4, 15064.7, 15072, 15075, 15082, 15086, 15087, 15088, 15094, 15107, 15124, 15125, 15126.2, 15126.4, 15152, 15155, 15168, 15182, 15222, 15269, 15301, 15357, 15370, and Appendix G, Appendix M and Appendix N. As a result of the amendments, the Appendix G Checklist Form was also significantly revised. Many checklist sections underwent minor modifications and clarifications to incorporate the revised CEQA statute revisions. However, two new checklist sections were added — "Energy" and "Wildfire" — in 2019. Another legislative change that occurred was with respect to Traffic/Transportation. Section 15064.3 of the CEQA Guidelines was added to remove Level of Service (LOS) as an environmental effect and instead relying on Vehicle Miles Traveled (VMT) as the metric for transportation impact analysis. Checklist Form Comparison Organization Pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162 and 15164, subd. (a), the 2023 Appendix G Checklist Form has been prepared to evaluate the Applicant's Proposed Project. Additionally, the Checklist Form provides response columns for evaluation consistent with the considerations listed under CEQA Guidelines Section 15162, subd. (a) as to whether an Addendum or an Amendment would be appropriate for the analysis of the Proposed Project. A "no" answer does not necessarily mean that there are no potential impacts relative to the environmental category, but that there is no change in the condition or status of the impact as analyzed in the 2018 TCLQ Initial Study and addressed with mitigation measures. Page 26 468 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 EXPLANATION OF CHECKLIST EVALUATION CATEGORIES Environmental Subject Area The checklist utilized is from Appendix G of the 2023 CEQA Guidelines. As discussed, most of the evaluation criteria only underwent minor changes, clarifications, or were moved to various other sections, and two criteria sections — Energy and Wildfire - have been added. For this analysis, revisions to the evaluation criteria between the 2018 TCLQ Initial Study evaluation and the 2023 Guidelines will be noted in underlined type (underlined) for added text and strikeout text (s+r�, it) for deleted text in the criteria in this section. Conclusion in 2018 TCLQ Initial Study and Related Documents This column identifies the conclusion of the 2018 TCLQ Initial Study relative to the Environmental Subject Area listed under each topic as identified in the 2018 TCLQ Initial Study. Do the Proposed Changes Involve New Impacts? Pursuant to CEQA Guidelines Section 15162, subd. (a)(1), this column indicates whether the Proposed Project would result in new significant environmental impacts not previously identified or mitigated by the 2018 TCLQ Initial Study or whether the Proposed Project would result in a substantial increase in the severity of a previously identified significant impact. New Circumstances Involving New Impacts? Pursuant to CEQA Guidelines Section 15162, subd. (a)(2), this column indicates whether the Proposed Project results in substantial changes with respect to the circumstances under which the Project is undertaken that will require major revisions to the 2018 TCLQ Initial Study due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. New Information Requiring New Analysis or Verification? Pursuant to CEQA Guidelines Section 15162, subd. (a)(3)(A-D), this column indicates whether new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 2018 TCLQ Initial Study was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; Page 27 469 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If the additional analysis completed as part of this environmental review were to find that the conclusions of the 2018 TCLQ Initial Study remain the same and no new significant impacts are identified, or identified impacts are not found to be substantially more severe, or additional mitigation is not necessary, then the question would be answered "no" and no additional environmental document would be required. Discussion The Discussion section provides a narrative of the assumptions and conclusions identified in the 2018 TCLQ Initial Study and analyzes how those conclusions compare to the 2023 Proposed Project. 2018 TCLQ Initial Study Mitigation Measures /Applicable/Not Applicable Pursuant to CEQA Guidelines Section 15162, subd. (a)(3), this table indicates any previously adopted mitigation measures identified in the 2018 TCLQ Initial Study to address effects in the related impact category. The response will also address if the existing mitigation measures apply to the Proposed Project, or if revisions are required to reduce impacts. The identified mitigation measures will be implemented with the construction of the Proposed Project, as applicable. Conclusion A discussion of the conclusion relating to the analysis is contained in each section. This section identifies the appropriateness of the use of an Amendment under CEQA Guidelines Section 15162 or an Addendum under CEQA Guidelines Section 15164 to approve the Proposed Project. Page 28 470 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.1 AESTHETICS 4.1.1 Discussion Summary of the 2018 TCLQ Initial Study: According to the La Quinta General Plan, the Project Site is not located in an area that has scenic resources such as trees, rock outcroppings or historic buildings. The Project vicinity is urbanized and is either commercial or residential development. Views of the Santa Rosa Mountains can be seen from neighboring residential developments toward the west and southwest, but the proposed three-story hotel would not impact these views. The City of La Quinta is located within the boundaries of the Mount Palomar Nighttime Lighting Policy Area and the City has an Outdoor Light Control Ordinance (Municipal Code Chapter 9.100.150, Outdoor Lighting) to protect the night sky and prevent light impacts. The Project would be required to comply with this ordinance. While the Project would increase the lighting in the immediate area, it will not produce significant light or glare that would adversely affect day or nighttime views in the area. Although the Proposed Project would add additional lighting sources on-site, these new sources of lighting would be like existing lighting patterns in the area. Potential impacts would be less than significant, and no mitigation is required. Page 29 471 Do the New New Impact Proposed ChangesInvolve Circumstances Information Conclusion in New Involving New Requiring CEQA THRESHOLDS 2018 TCLQ or New Analysis Initial Study or More Severe More Severe or Impacts? Impacts? Verification? I. AESTHETICS: Except as provided in Public Resources Code Section 21099, would the project: Less Than a) Have a substantial adverse effect on a scenic vista? Significant No No No Impact b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic No Impact No No No buildings within a state scenic highway? c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage No Impact No No No point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare Less Than which would adversely affect day or nighttime views in Significant No No No the area? Impact 4.1.1 Discussion Summary of the 2018 TCLQ Initial Study: According to the La Quinta General Plan, the Project Site is not located in an area that has scenic resources such as trees, rock outcroppings or historic buildings. The Project vicinity is urbanized and is either commercial or residential development. Views of the Santa Rosa Mountains can be seen from neighboring residential developments toward the west and southwest, but the proposed three-story hotel would not impact these views. The City of La Quinta is located within the boundaries of the Mount Palomar Nighttime Lighting Policy Area and the City has an Outdoor Light Control Ordinance (Municipal Code Chapter 9.100.150, Outdoor Lighting) to protect the night sky and prevent light impacts. The Project would be required to comply with this ordinance. While the Project would increase the lighting in the immediate area, it will not produce significant light or glare that would adversely affect day or nighttime views in the area. Although the Proposed Project would add additional lighting sources on-site, these new sources of lighting would be like existing lighting patterns in the area. Potential impacts would be less than significant, and no mitigation is required. Page 29 471 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 2023 Proposed Project Analysis The Proposed Project would be located on a parcel within the TCLQSP boundary and is the same hotel Project that was analyzed in the 2018 TCLQ Initial Study. Although the Proposed Project would increase the footprint of the building, the number of stories would be consistent with what was previously analyzed, therefore, views from the surrounding properties would not be obstructed. The Proposed Project is surrounded on the east and west by existing commercial, and additional residential development is proposed to the south of the Project Site. The Proposed Project would be consistent with the urbanized nature of the Project area and would be required to comply with the City's lighting ordinance. Therefore, the Proposed Project would be consistent with the previous Aesthetics analysis in the 2018 TCLQ Initial Study. 4.1.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures I Applicable/Not Applicable No mitigation measures were required to reduce impacts. Applicable. The 2023 Proposed Project is the same as 2018 Proposed Project with respect to Aesthetics. 4.1.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 30 472 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.2 AGRICULTURE & FORESTRY RESOURCES 4.2.1 Discussion Summary of 2018 TCLQ Initial Study The Project site is in an area that is designated Urban and Built-up Land by the Farmland Mapping and Monitoring Program. The Project Site is located within The Centre at La Quinta Specific Plan area and Page 31 473 Do theNew Impact Proposed Circumstances New Information CEQA THRESHOLDS Conclusion in Changes Involve Involving New Requiring New 2018 TCLQ Initial New or More or Analysis or Study Severe Impacts? More Severe Verification? Impacts? II. AGRICULTURE AND FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared No Impact No No No pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural No Impact No No No use or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section No Impact No No No 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or No Impact No No No conversion offorest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, No Impact No No No to non-agricultural use or conversion of forest land to non -forest use? 4.2.1 Discussion Summary of 2018 TCLQ Initial Study The Project site is in an area that is designated Urban and Built-up Land by the Farmland Mapping and Monitoring Program. The Project Site is located within The Centre at La Quinta Specific Plan area and Page 31 473 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 according to La Quinta's Zoning Map, the Site is currently designated CR (Regional Commercial). There is no land identified in the City's 2035 General Plan as designated for agriculture or farming. Development of the currently vacant Project Site would have no impact on agricultural resource criteria in this subject area. 2023 Proposed Project Analysis The Proposed Project would occur within the same parcel as the Project analyzed in the 2018 TCLQ Initial Study. There would be no change in the analysis. 4.2.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures I Applicable/Not Applicable No mitigation measures were required to reduce impacts. Applicable. The 2023 Proposed Project is the same as 2018 Proposed Project with respect to Agriculture and Forestry Resources. 4.2.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 32 474 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.3 AIR QUALITY 4.3.1 Discussion Summary of 2018 TCLQ Initial Study The analysis in the 2018 TCLQ Initial Study was based on the Air Quality Impact Analysis report prepared by Urban Crossroads dated November 13, 2017. The Proposed Project identified in the 2018 TCLQ Initial Study was to subdivide The Centre at La Quinta Specific Plan Planning Area II (PA II) into two separate land use areas: the northerly 2.8 acres of the site will remain General Commercial to be developed with a 40,500 SF hotel, with the remaining 19.2 acres proposed to be a Medium High Density Residential development (2018 Proposed Project) Page 33 475 Do the Proposed New New Impact Changes Circumstances Information CEQA THRESHOLDS Conclusion in Involve New Involving New or Requiring New 2018 TCLQ or More More Severe Analysis or Initial Study Severe Impacts? Verification? Impacts? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the Less Than No No No applicable air quality plan? Significant NA— NA— NA— substantially to an existing eF eEt„a ^ ality Less Than Removed Removed Removed Violation Significant from from from Guidelines Guidelines Guidelines b) Result in a cumulatively considerable net increase of any criteria pollutant for which the Less Than project region is non -attainment under anNo Significant No No applicable federal or state ambient air quality standard? Less Than c) Expose sensitive receptors to substantial Significant pollutant concentrations? With No No No Mitigation Incorporated d) Create objectionable Result in other emissions Less Than (such as those leading to odors adversely affectingNo Significant No No a substantial number of people? 4.3.1 Discussion Summary of 2018 TCLQ Initial Study The analysis in the 2018 TCLQ Initial Study was based on the Air Quality Impact Analysis report prepared by Urban Crossroads dated November 13, 2017. The Proposed Project identified in the 2018 TCLQ Initial Study was to subdivide The Centre at La Quinta Specific Plan Planning Area II (PA II) into two separate land use areas: the northerly 2.8 acres of the site will remain General Commercial to be developed with a 40,500 SF hotel, with the remaining 19.2 acres proposed to be a Medium High Density Residential development (2018 Proposed Project) Page 33 475 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Threshold 111 (a) — Air Quality Conformity The 2018 Proposed Project was found to be consistent with the 2016 Air Quality Management Plan (AQMP) which was released in March 2017, as defined in Chapter 12, Section 12.2, and Section 12.3 of the SCAQMD's CEQA Air Quality Handbook (1993). The consistency indicators assessed were as follows: • Consistency Criterion No. 1 refers to violations of the California Ambient Air Quality Standards (CAAQS) and NAAQS. CAAQS and NAAQS violations would occur if regional emission thresholds were exceeded. The 2018 Proposed Project's construction -source emissions would not exceed applicable SCAQMD's regional thresholds of significance. Consistency Criterion No. 2: The 2018 Proposed Project would not exceed the assumptions in the AQMP based on the years of Project build -out phase. Threshold 111 (b) — Construction and Operational Emissions Tables 2 and 3 in the 2018 TCLQ Initial Study identified that construction and operation of the 2018 Project would not exceed the 2018 SCAQMD thresholds of significance. Table 5 - Summary of 2018 Project Emissions summarizes the data identified in Tables 2 and 3 in the 2018 TCLQ Initial Study. Table 5 - Summary of 2018 Project Emissions Year Emissions (pounds per day) VOC NOX CO So. PMia PM2.5 Maximum Daily Emissions - Construction 55.72 71.75 36.69 0.07 23.46 13.07 Total Maximum Daily Emissions - Operations 23.73 37.15 82.89 0.24 14.24 6.59 SCAQMD Regional Threshold 75 100 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO Notes: NOx = nitrogen oxides; VOC = volatile organic compounds; CO = carbon monoxide; PMlo = particulate matter with an aerodynamic resistance diameter of 10 micrometers or less; PM2.5 = particulate matter with an aerodynamic resistance diameter of 2.5 micrometers The maximum daily emissions are the maximum emissions compared from summer and winter seasons. Source of emissions: Urban Crossroads. Projects that exceed the project -specific significance thresholds are considered by the SCAQMD to be cumulatively considerable. This is the reason project -specific and cumulative significance thresholds are the same. Conversely, projects that do not exceed the project -specific thresholds are not considered to be cumulatively significant. The 2018 Proposed Project's construction and operational related emissions would not exceed the applicable SCAQMD regional thresholds. Therefore, the 2018 Proposed Project would have a less than significant impact related to criteria pollutant emissions on both a project -level and cumulative basis. Page 34 476 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 With respect to impacts to sensitive receptors, the 2018 TCLQ Initial Study assumed active disturbance on approximately 3.5 acres per day during the site preparation phase and 4 acres per day during the grading phase of construction for both the hotel and residential component. As shown on Table 5 of the 2018 TCLQ Initial Study, emissions during construction activity would have the potential to exceed SCAQMD's Localized Significant Thresholds (LSTs) for emissions of PM10 and PM2.5. As such Mitigation Measure (MM) AIR -1 requiring all off-road construction equipment greater than 150 horsepower used during site preparation and grading activities to be California Air Resources Board (CARB) certified Tier 3 or better, was included to reduce the potential localized impact. With respect to odors, potential sources of construction odors include equipment, but construction odor is temporary. Potential operational odors generated by the 2018 Proposed Project would include disposal of miscellaneous refuse. SCAQMD Rule 402 acts to prevent occurrences of odor nuisances. Consistent with City requirements, all project -generated refuse would be stored in covered containers and removed at regular intervals in compliance with solid waste regulations. Potential operational -source odor impacts would therefore be considered less than significant. 2023 Proposed Project Analysis Threshold 111 (a) — Air Quality Conformity The 2018 Proposed Project was found to be consistent with the 2016 AQMP which was released in March 2017, as defined in Chapter 12, Section 12.2, and Section 12.3 of the SCAQMD's CEQA Air Quality Handbook (1993). The current Proposed Project proposes to construct the 125 -room hotel with a pool that was evaluated in the 2018 TCLQ Initial Study and approved by the City as part for Assessor Parcel No. (APN) 600-340-060 (Project Site). While the number of rooms and number of stories would be same as approved in 2018, the building size would increase from 40,500 SF to 73,645 SF, and parking would be reduced from the 150 spaces approved to 125 spaces. Because the Proposed Project includes only minor revisions to square footage and parking that were assessed in the 2018 TCLQ Initial Study, the 2023 Proposed Project would still be consistent with the 2016 AQMP, and no further analysis is required. Threshold 111 (b) — Construction and Operational Emissions A Project -level air quality analysis was prepared for the 2023 Proposed Project to update the regulatory and emission standards from the 2018 TCLQ Initial Study and compare the Project potential emissions to current air quality standards (Appendix A— La Quinta Hampton Inn Air Quality, Global Climate Change, and Energy Impact Analysis). The latest version of CaIEEMod was used to estimate the onsite and offsite construction emissions. The emissions incorporate SCAQMD Rule 402 and 403. Rule 402 and 403 (fugitive dust) are not considered mitigation measures as the Project by default is required to incorporate these rules during construction. The results of the analysis are identified in Table 6 - Summary of Construction Page 35 477 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 and Operational Related Regional Pollutant Emissions and Table 7 - Local Construction Emissions at the Nearest Receptors. Table 6 - Summary of Construction and Operational Related Regional Pollutant Emissions Notes: Source: CalEEMod Version 2022.1.1.13. (1) On-site grading PM -10 and PM -2.5 emissions show compliance with SCAQMD Rule 403 for fugitive dust. (2) Construction, painting, and paving phases may overlap. (3) Source: CalEEMod Version 2022.1.1.13; the higher of either summer or winter emissions Table 7 - Local Construction Emissions at the Nearest Receptors Activity Pollutant Emissions On -Site Pollutant Emissions (pounds/day) (pounds day) Activity ROG NOx CO SO2 PM10 PM2.5 Maximum Daily Construction 10.10 0.37 0.34 Paving 4.63 6.50 0.20 0.19 Emissions 50.90 30.60 20.90 0.11 6.38 2.73 Maximum Daily Operational Emissions 6.79 6.20 55.50 0.13 3.98 0.82 SCAQMD Thresholds 75 1 100 1 550 1 150 1 150 55 Exceeds Thresholds? No I No I No I No I No No Notes: Source: CalEEMod Version 2022.1.1.13. (1) On-site grading PM -10 and PM -2.5 emissions show compliance with SCAQMD Rule 403 for fugitive dust. (2) Construction, painting, and paving phases may overlap. (3) Source: CalEEMod Version 2022.1.1.13; the higher of either summer or winter emissions Table 7 - Local Construction Emissions at the Nearest Receptors Activity On -Site Pollutant Emissions (pounds/day) NOx CO PM10 PM2.5 Grading 15.90 15.40 2.61 1.57 Building Construction 9.44 10.10 0.37 0.34 Paving 4.63 6.50 0.20 0.19 Architectural Coating 0.88 1.14 0.03 0.03 SCAQMD Thresholds' 296 3,409 44 12 Exceeds Threshold? No No No No Source: Calculated from CalEEMod and SCAQMD's Mass Rate Look -up Tables for 2 acres at a distance of loom, to be conservative, in SRA 30 Coachella Valley. (1) The nearest sensitive receptors to the project are the existing multi -family residential uses with property lines located approximately 605 feet (-185 meters) to the west and 895 feet (-270 meters) to the south, the single-family residential uses with property lines located approximately 640 feet (-195 meters) to the southwest and 947 feet (-288 meters) to the southeast of the project site; therefore, to be conservative, the 100 meter threshold was used. Note: The proposed project will disturb up to a maximum of 2 acres per day (see Table 7 of Appendix A). The construction and operational emissions for the 2023 Proposed Project would not exceed the SCAQMD's daily emission thresholds at the regional level as demonstrated in Table 6, and therefore would be considered less than significant. The data provided in Table 7 shows that none of the analyzed criteria pollutants would exceed the local emissions thresholds at the nearest sensitive receptors. Therefore, a less than significant local air quality impact would occur from construction of the 2023 Proposed Project. Page 36 478 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.3.2 Mitigation Measures June 2023 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable MM AIR -1 During site preparation and grading Applicable. The 2023 Proposed Project is activities, all off-road construction substantially similar to that which was analyzed equipment greater than 150 horsepower in the 2018 TCLQ Initial Study. (>150 HP) shall be ARB certified Tier 3 or better. 4.3.3 Conclusion The Proposed Project would not result in impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The 2023 Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 37 479 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.4 BIOLOGICAL RESOURCES Page 38 480 Do the New Impact Proposed Changes Circumstances New Information Conclusion in Involve New or Involving New Requiring New CEQA THRESHOLDS Q 2018 TCLQ Initial More or Analysis or Study Severe More Severe Impacts? Verification? Impacts? IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any Less Than species identified as a candidate, sensitive, or Significant special status species in local or regional plans, With No No No policies, or regulations, or by the California Mitigation Department of Fish and Wildlife or U.S. Fish and Incorporated Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, No Impact No No No policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands as defined by SeEteen 404 of the Clean ` ateF ^^t (including, but No Impact No No No not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or No Impact No No No migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances Less Than protecting biological resources, such as a tree Significant No No No preservation policy or ordinance? Impact f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community No Impact No No No Conservation Plan, or other approved local, regional, or state habitat conservation plan? Page 38 480 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.4.1 Discussion Summary of 2018 TCLQ Initial Study Biological resources were analyzed for the 2018 TCLQ Initial Study in a Biological Resource Assessment Technical Memorandum for Assessor's Parcel Number 600-340-048 at 79315 Highway 111, La Quinta, California, prepared by FirstCarbon Solutions (FCS) and included in Appendix B in the 2018 TCLQ Initial Study. The Project parcel consisted of an undeveloped property with uncultivated areas having a sparse cover of desert shrubs and weeds. The site is bordered by commercial (auto mall) and industrial uses to the north and east, and single-family and multi -family residential uses to the south and west. In 2018, the Project Site consisted primarily of land that has been disturbed from human activity. Disturbed lands were no longer recognizable as a native or naturalized vegetation association, but they continued to retain a soil substrate. The Project Site was moderately disturbed by construction activities, including light rough grading, excavation of three retention basins, existence of a large stormwater outfall basin, the installation of basic utility infrastructure, and creation of 1:1 berm slopes (for wind erosion control) along the western, southern, and eastern boundaries. While the Project Site is disturbed, it was found to support open space, shrubs, and trees that could potentially provide cover, foraging, and nesting habitat for resident and migratory birds. These birds are protected by the Migratory Bird Treaty Act (MBTA) and/or the California Fish and Game Code (§§ 3503, 3503.5, 3513, and 3800), which render it unlawful to take native breeding birds, and their nests, eggs, and young. Implementation of Mitigation Measure 13I0-1 was determined to be needed to help to avoid, eliminate, or reduce direct impacts on breeding birds to less than significant levels. 2023 Proposed Project Analysis The Project would occur within the same area as that was analyzed in the 2018 TCLQ Initial Study. The Project Site has continued to be graded since the time of the 2018 Biological Resources Assessment, and the conditions are unchanged. There are no new sensitive species that have been listed by State and Federal agencies that would directly impact the Specific Plan area, or Project Site. There are no new policies, Habitat Conservation Plans or Natural Community Conservation Plans that have been adopted that would impact the Project Site. 4.4.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable MM BIO -1 Construction during Breeding Season and Pre- Applicable. The 2023 Proposed Project construction Breeding Bird Surveys occurs on the same parcel as assessed in To be in compliance with the MBTA and the California the 2018 TCLQ Initial Study. Fish and Game Code, and to avoid and reduce direct and indirect impacts on migratory non -game breeding birds, and their nests, young, and eggs to less than significant levels, the following measures shall be implemented. Page 39 481 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 • All ground -disturbing activities, including removal of vegetation, which would remove or disturb potential nest sites shall be scheduled outside the breeding bird season, if feasible. The breeding bird nesting season is typically from January 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. Removing all physical features that could potentially serve as nest sites outside of the breeding bird season also would help to prevent birds from nesting within the project site during the breeding season and during construction activities. • If project activities that would remove or disturb potential nest sites cannot be avoided during January 15 through September 15, a qualified biologist shall conduct a pre -construction clearance and nesting bird survey to search for all potential nesting areas, breeding birds, and active nests or nest sites within the limits of project disturbance up to seven days prior to mobilization, staging and other disturbances. The survey shall end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance. • If no breeding birds or active nests are observed during the pre -construction survey, or if they are observed and would not be disturbed, then project activities may begin, and no further mitigation would be required. • If an active bird nest is located during the pre - construction survey and potentially would be disturbed, a no -activity buffer zone shall be delineated on maps and marked (flagging or other means) up to 500 feet for special -status avian species and raptors, or 75 feet for non - special status avian species, at the discretion of the qualified biologist. The limits of the buffer shall be demarcated so as to not provide a specific indicator of the location of the nest to predators or people. Materials used to demarcate the nests would be removed as soon as work is complete, or the fledglings have left the nest. Bufferzones shall not be disturbed until a qualified biologist determines that the nest is inactive. • Birds or their active nests shall not be disturbed, captured, handled or moved. Inactive nests may be moved by a qualified biologist, if necessary, to avoid disturbance by project activities. Page 40 482 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.4.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 41 483 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.5 CULTURAL RESOURCES 4.5.1 Discussion Summary of 2018 TCLQ Initial Study A due diligence assessment for the Project Site was conducted June 17, 2016. This due diligence investigation consisted of a California Historical Resources Information System (CHRIS) records search, a review of historic aerial photography and maps for the subject parcel, a Native American Heritage Commission (NAHC) Sacred Lands File Search, a paleontological literature review and localities database search, and a reconnaissance -level survey. With respect to historical resources, the 2018 Proposed Project area itself had been studied through surveys in 1992 and 1997 and monitoring during excavations and grading conducted in 1999/2000 and again in 2008. The pedestrian survey confirmed that the upper 3 feet of soil within the 2018 Project area had been locally excavated and engineered to its current compaction (approximately 75 percent). Therefore, the potential to encounter historical resources within the uppermost strata is non-existent. No impacts are expected to occur. Page 42 484 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Inv Involve New or Involving New or Requiring New 2018 TCLC! Initial Study More More More Severe Analysis or Impacts? Verification? Impacts? V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource ;;,;defined in No Impact No No No pursuant to 15064.5? Less Than b) Cause a substantial adverse change in the Significant significance of an archaeological resource pursuant With No No No to 15064.5? Mitigation Incorporated 6) DiFee y OF indiFeEtly destroy ^ unique (NA - Moved (NA - Moved Refer to (NA -Moved ^leenteleg;^^l r site e que elsg;^ Section 4.7 to to Geological to feature? Geological Geological Criterion Resources in VII(f) Resources in Guidelines) Resources in Guidelines) Guidelines) Less Than c) Disturb any human remains, including those Significant interred outside of formal cemeteries? With No No No Mitigation Incorporated 4.5.1 Discussion Summary of 2018 TCLQ Initial Study A due diligence assessment for the Project Site was conducted June 17, 2016. This due diligence investigation consisted of a California Historical Resources Information System (CHRIS) records search, a review of historic aerial photography and maps for the subject parcel, a Native American Heritage Commission (NAHC) Sacred Lands File Search, a paleontological literature review and localities database search, and a reconnaissance -level survey. With respect to historical resources, the 2018 Proposed Project area itself had been studied through surveys in 1992 and 1997 and monitoring during excavations and grading conducted in 1999/2000 and again in 2008. The pedestrian survey confirmed that the upper 3 feet of soil within the 2018 Project area had been locally excavated and engineered to its current compaction (approximately 75 percent). Therefore, the potential to encounter historical resources within the uppermost strata is non-existent. No impacts are expected to occur. Page 42 484 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 June 2023 With respect to archaeological resources, the 2018 TCLQ Initial Study identified that the general area is highly sensitive for pre -historic resources. Disturbance of these resources could result in significant impacts during grading activities. As such, implementation of Mitigation Measure CUL -1 was determined to be necessary to reduce impacts to less than significant levels. Although the Project site is not known to contain any human remains or burial grounds, the Project area has been identified as highly sensitive for archaeological resources, which could include human remains. As such, implementation of Mitigation Measure CUL -3 was deemed necessary to reduce impacts to less than significant levels. 2023 Proposed Project Analysis The Proposed Project would occur within the same area as that was analyzed in the 2018 TCLQ Initial Study, and the conditions are unchanged. 4.5.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable MM CUL -1 Prior to any ground -disturbing activities, the Applicable. The 2023 Proposed Project occurs applicant shall retain the services of a qualified on the same parcel as assessed in the 2018 archaeologist and Tribal Monitor. Copies of TCLQ Initial Study. contracts with monitoring archaeologists and Tribal Monitors shall be provided to the City prior to the issuance of any ground -disturbing permit. Full-time archaeological monitoring shall be conducted by a qualified archaeologist for excavations that will exceed 3 feet in depth. In the event that buried cultural resources are discovered during construction, the archaeologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant's representative shall immediately notify the City. The archaeologist shall determine whether the finding requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA Page 43 485 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 June 2023 4.5.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 44 486 criteria. The archaeologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM CUL -3 In the event of the accidental discovery of any Applicable. The 2023 Proposed Project occurs human remains on the project, CEQA on the same parcel as assessed in the 2018 Guidelines Section 15064.5; Health and Safety TCLQ Initial Study. Code Section 7050.5; and Public Resources Code (PRC) Sections 5097.94 and 5097.98 must be followed. If during the course of project development there is accidental discovery of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the "most likely descendant" (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98, Environmental Issues. 4.5.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 44 486 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.6 ENERGY 4.6.1 Discussion In December 2018, the Natural Resources Agency revised Appendix G of the CEQA Guidelines to include a checklist item relating to a project's impacts relating to Energy. Appendix G of the CEQA Guidelines now includes a checklist item that provides the following questions (as shown in the Table above): The City approved the 2018 TCLQ Initial Study on July 3, 2018, approximately six months before the State added the above checklist items to the CEQA Guidelines. California courts have held that where a new guideline or threshold is adopted after the certification of an EIR, an Addendum to the EIR need not include additional environmental analysis relating to that guideline or threshold where the potential environmental impact at issue in the new guideline or threshold was known or could have been known at the time the EIR was certified (Citizens Against Airport Pollution v. City of San lose (2014) 227 Cal.App.4th 788, 806 [even though CEQA Guidelines were amended on March 18, 2010 to address greenhouse gas emissions, lead agency's 2010 Addendum to a 1997 EIR did not require analysis of greenhouse gas emissions because "information about the potential environmental impact of greenhouse gas emissions was known or could have been known at the time the 1997 EIR and the 2003 SEIR for the [project] were certified"]; Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301, 1319-1320 ["the adoption of guidelines for analyzing and evaluating the significance of data does not constitute new information if the underlying information was otherwise known or should have been known at the time the EIR was certified"]; see also Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011)196 Cal.App.4th 515, 532.). 2023 Proposed Project Analysis The City, as the Lead Agency knew or could have known the impacts at issue in the above -referenced threshold (i.e., the potential environmental impacts of energy inefficiency) when 2018 TCLQ Initial Study was adopted in July 2018. Though the hotel was approved in 2018, the design is subject to the most Page 45 487 Do the Proposed New New Impact Changes Circumstances Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ More or Analysis or Initial Study Severe More Severe Verification? Impacts? Impacts? VI. ENERGY: Would the project: a) Result in a potentially significant environmental Not Analyzed NA NA NA impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Not b) Conflict with or obstruct a state or local plan for Analyzed NA NA NA renewable energy or energy efficiency? 4.6.1 Discussion In December 2018, the Natural Resources Agency revised Appendix G of the CEQA Guidelines to include a checklist item relating to a project's impacts relating to Energy. Appendix G of the CEQA Guidelines now includes a checklist item that provides the following questions (as shown in the Table above): The City approved the 2018 TCLQ Initial Study on July 3, 2018, approximately six months before the State added the above checklist items to the CEQA Guidelines. California courts have held that where a new guideline or threshold is adopted after the certification of an EIR, an Addendum to the EIR need not include additional environmental analysis relating to that guideline or threshold where the potential environmental impact at issue in the new guideline or threshold was known or could have been known at the time the EIR was certified (Citizens Against Airport Pollution v. City of San lose (2014) 227 Cal.App.4th 788, 806 [even though CEQA Guidelines were amended on March 18, 2010 to address greenhouse gas emissions, lead agency's 2010 Addendum to a 1997 EIR did not require analysis of greenhouse gas emissions because "information about the potential environmental impact of greenhouse gas emissions was known or could have been known at the time the 1997 EIR and the 2003 SEIR for the [project] were certified"]; Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301, 1319-1320 ["the adoption of guidelines for analyzing and evaluating the significance of data does not constitute new information if the underlying information was otherwise known or should have been known at the time the EIR was certified"]; see also Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011)196 Cal.App.4th 515, 532.). 2023 Proposed Project Analysis The City, as the Lead Agency knew or could have known the impacts at issue in the above -referenced threshold (i.e., the potential environmental impacts of energy inefficiency) when 2018 TCLQ Initial Study was adopted in July 2018. Though the hotel was approved in 2018, the design is subject to the most Page 45 487 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 current Title 24 building codes that require energy efficiency. Therefore, the Project, as proposed in 2018 would not result in a wasteful use of energy. Threshold VI (a) Energy Practices An energy analysis was performed for the 2023 Proposed Project (Appendix A). Electrical service will be provided by Imperial Irrigation District. The analysis in Appendix A identifies that the Project construction and operations would not result in the inefficient, wasteful, or unnecessary consumption of energy. The 2023 Proposed Project does not include any unusual characteristics or construction processes that would require the use of equipment that would be more energy intensive than is used for comparable activities and is a hotel project that is not proposing any additional features that would require a larger energy demand than other hotel projects of similar scale and configuration. The energy demands of the Project are anticipated to be accommodated within the context of available resources and energy delivery systems. The Project would therefore not cause or result in the need for additional energy producing or transmission facilities. Therefore, the impact to threshold VI (a) is less than significant, and no mitigation is required. Threshold VI (b) Energy Policies The analysis in Appendix A identifies that the 2023 Proposed Project, which is like the 2018 Proposed Project, would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Therefore, the impact to threshold VI (b) is less than significant, and no mitigation is required. 4.6.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures I Applicable/Not Applicable No mitigation measures were identified because this No Mitigation Required. The analysis in Appendix A criterion was not analyzed. supports the findings that all impacts associated with the 2023 Proposed Project are less than significant and do not require mitigation. 4.6.3 Conclusion The 2018 TCLQ Initial Study did not include the Energy environmental factor in its checklist, therefore, California law does not require the City to analyze these impacts in this Addendum. Nonetheless, the Proposed Project will follow all building codes relative to energy efficiency which would follow all laws and plans that would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. A Project -specific energy study was performed for the 2023 Proposed Project, which identified that all potential impacts were less than significant. Page 46 488 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.7 GEOLOGY AND SOILS Page 47 489 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 Initial More More or Analysis or Study Stud More Severe Verification? Impacts? Impacts? VII. GEOLOGY AND SOILS: Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other No Impact No No No substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than • Strong seismic ground shaking? Significant No No No Impact Less ThanSignificant • Seismic -related ground failure, including No No No liquefaction? Impact Less Than • Landslides? Significant No No No Impact Less Than b) Result in substantial soil erosion or the loss of Significant No No No topsoil? Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Less Than project, and potentially result in on- site or off-site Significant No No No landslide, lateral spreading, subsidence, liquefaction, or Impact collapse? d) Be located on expansive soil, as defined in Table 18- Less Than 1-B of the Uniform Building Code (1994), creating Significant No No No substantial risks to life or property? Impact Page 47 489 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.7.1 Discussion Summary of 2018 TCLQ Initial Study Faults and seismic concerns. No portion of the TCLQ Specific Plan area is located within an Alquist-Priolo Fault Hazard Zone. Strong seismic shaking associated with earthquakes is a hazard that can be anticipated to affect all structures in Southern California at some point in their life. The most significant step taken to mitigate the potential for ground shaking on development projects has been the enactment of strict building codes for construction or retrofit of buildings subject to ground shaking hazards. Liquefaction and Subsidence. According to the County of Riverside, the site is situated within a Moderate liquefaction zone. Based on the Geotechnical Analysis conducted for the 2018 Proposed Project, the risks associated with liquefaction are considered negligible. Therefore, the impacts would be less than significant. Landslides. According to the geotechnical investigation, there are no signs of slope instability in the form of landslides, rock falls, earthflows or slumps were observed at or near the subject site. The site is situated on flat ground and not immediately adjacent to any slopes or hillsides. As such, risks associated with slope instability were negligible. Soil Erosion/Loss of Topsoil. The Project Site is currently an undeveloped lot. Within the Project area, there is a natural sand migration process called "blowsand" that has direct and indirect effects on air quality. Blowsand produces particulate matter (PM10) in two ways: (1) by direct particle erosion and fragmentation as natural PM10, and (2) by secondary effects, as sand deposits on road surfaces. During the construction phase of the Project, the area may be exposed to soil erosion or the loss of topsoil. However, the Project would comply with SCAQMD fugitive dust regulations (Rules 403 and 403.1) and would prevent the loss of soil through wind or water erosion by implementing an effective combination of erosion and sediment control and good housekeeping Best Management Practices (BMPs). The Project would be required to prepare a fugitive dust control plan to comply with Rule 403.1,and La Quinta Municipal Code Section 6.16, as well as other regulations, to reduce the potential impacts from the loss of topsoil. Following compliance with SCAQMD fugitive dust rules and NPDES regulatory requirements, Page 48 490 Do the Proposed New New Impact Changes Circumstances Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ Initial More More or Analysis or Study More Severe Verification? Impacts? Impacts? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal No Impact No No No systems where sewers are not available for the disposal of wastewater? Less Than f) Directly or indirectly destroy a unique paleontological Significant resource or site or unique geologic feature? With No No No Mitigation Incorporated 4.7.1 Discussion Summary of 2018 TCLQ Initial Study Faults and seismic concerns. No portion of the TCLQ Specific Plan area is located within an Alquist-Priolo Fault Hazard Zone. Strong seismic shaking associated with earthquakes is a hazard that can be anticipated to affect all structures in Southern California at some point in their life. The most significant step taken to mitigate the potential for ground shaking on development projects has been the enactment of strict building codes for construction or retrofit of buildings subject to ground shaking hazards. Liquefaction and Subsidence. According to the County of Riverside, the site is situated within a Moderate liquefaction zone. Based on the Geotechnical Analysis conducted for the 2018 Proposed Project, the risks associated with liquefaction are considered negligible. Therefore, the impacts would be less than significant. Landslides. According to the geotechnical investigation, there are no signs of slope instability in the form of landslides, rock falls, earthflows or slumps were observed at or near the subject site. The site is situated on flat ground and not immediately adjacent to any slopes or hillsides. As such, risks associated with slope instability were negligible. Soil Erosion/Loss of Topsoil. The Project Site is currently an undeveloped lot. Within the Project area, there is a natural sand migration process called "blowsand" that has direct and indirect effects on air quality. Blowsand produces particulate matter (PM10) in two ways: (1) by direct particle erosion and fragmentation as natural PM10, and (2) by secondary effects, as sand deposits on road surfaces. During the construction phase of the Project, the area may be exposed to soil erosion or the loss of topsoil. However, the Project would comply with SCAQMD fugitive dust regulations (Rules 403 and 403.1) and would prevent the loss of soil through wind or water erosion by implementing an effective combination of erosion and sediment control and good housekeeping Best Management Practices (BMPs). The Project would be required to prepare a fugitive dust control plan to comply with Rule 403.1,and La Quinta Municipal Code Section 6.16, as well as other regulations, to reduce the potential impacts from the loss of topsoil. Following compliance with SCAQMD fugitive dust rules and NPDES regulatory requirements, Page 48 490 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Project implementation would result in a less than significant impact involving soil erosion or the loss of topsoil. Septic Tanks. The Project does not propose the use of septic tanks. The sanitary sewage collection and treatment system in the City is operated and maintained by the Coachella Valley Water District, which extends service based upon approved designs and improvements constructed by the private developer. There is an existing 18 -inch sewer main in Adams Street and an existing 8 -inch sewer line in Auto Center Drive for the development to connect to. Paleontological Resources. (This criterion was moved to Section VII Geology and Soils in the 2019 Guidelines from Section V Cultural Resources update). The paleontological records search conducted for the 2018 Proposed Project identified that while there are no known fossil localities within the Project area, there is a locality on record in similar conditions. 2023 Proposed Project Analysis The Proposed Project would be located on a parcel within the TCLQSP boundary and is the same hotel Project that was analyzed in the 2018 TCLQ Initial Study. The Proposed Project would increase the footprint of the building, and therefore, increase the subsurface disturbance necessary for the hotel building footings. 4.7.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable MM CUL -2 Prior to any ground -disturbing activities, the applicant Applicable. The 2023 Proposed Project shall retain the services of a qualified geologist or occurs on the same parcel as assessed in the paleontologist. Full-time monitoring shall be conducted 2018 TCLQ Initial Study. for all excavations that exceed 3 feet in depth. In the event that paleontological resources are discovered during construction, the paleontologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant's representative shall immediately notify the City. The paleontologist shall determine whether the finding requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The paleontologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with the Society of Vertebrate Paleontology Guidelines. Any fossils recovered during mitigation shall be deposited in an accredited and permanent scientific institution. The paleontologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. Page 49 491 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.7.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 50 492 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.8 GREENHOUSE GAS EMISSIONS 4.8.1 Discussion Summary of 2018 TCLQ Initial Study The City of La Quinta had not adopted its own numeric threshold of significance for determining impacts with respect to greenhouse gas (GHG) emissions. A screening threshold of 4.8 MT CO2 per service population per year is used to determine whether a significant impact would occur. The Project would be required to comply with the community -wide greenhouse gas reduction measures and programs for new development included in the City of La Quinta's Greenhouse Gas Reduction Plan. This approach is a widely accepted screening threshold used by numerous cities in the South Coast Air Basin and is based on the SCAQMD staff's proposed GHG screening threshold for stationary source emissions for non -industrial projects, as described in the SCAQMD's Interim CEQA GHG Significance Threshold for Stationary Sources, Rules, and Plans (SCAQMD Interim GHG Threshold). The SCAQMD Interim GHG Threshold identifies a screening threshold to determine whether additional analysis is required. The 2018 Project's estimated GHG emissions were determined to be not significant. AB 32 requires California to reduce its GHG emissions by approximately 28.5 percent when compared to GHG emissions produced under a "Business as Usual" scenario. As of 2018, the City had set forth reduction targets consistent with AB 32 and aimed to reduce CO2e emissions to 10 percent below 2005 levels by 2020 and 28 percent below 2005 by 2035. The analysis identified that the Project was considered consistent with the City's GHG Reduction Plan. The Project would not interfere with the State's implementation of (i) Executive Order B-30-15 and SB 32's target of reducing statewide GHG emissions to 40 percent below 1990 levels by 2030 or (ii) Executive Order S -3-05's target of reducing statewide GHG emissions to 80 percent below 1990 levels by 2050 because it would not interfere with the State's implementation of GHG reduction plans described in the ARB's Updated Scoping Plan, including providing for 12,000 megawatts of renewable distributed Page 51 493 Do the New New Impact Proposed Changes Circumstances Information Conclusion in Involve New or Involving New Requiring Mitigation g CEQA THRESHOLDS 2018 TCLQ More or New Analysis Measure Initial Study Severe More Severe or Impacts? Impacts? Verification? VIII. GREENHOUSE GAS EMISSIONS: Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, Less Than No No No None that may have a significant impact on Significant the environment? b) Conflict with an applicable plan, policy or regulation adopted for the Less Than No No No None purpose of reducing the emissions of Significant g greenhouse gases? 4.8.1 Discussion Summary of 2018 TCLQ Initial Study The City of La Quinta had not adopted its own numeric threshold of significance for determining impacts with respect to greenhouse gas (GHG) emissions. A screening threshold of 4.8 MT CO2 per service population per year is used to determine whether a significant impact would occur. The Project would be required to comply with the community -wide greenhouse gas reduction measures and programs for new development included in the City of La Quinta's Greenhouse Gas Reduction Plan. This approach is a widely accepted screening threshold used by numerous cities in the South Coast Air Basin and is based on the SCAQMD staff's proposed GHG screening threshold for stationary source emissions for non -industrial projects, as described in the SCAQMD's Interim CEQA GHG Significance Threshold for Stationary Sources, Rules, and Plans (SCAQMD Interim GHG Threshold). The SCAQMD Interim GHG Threshold identifies a screening threshold to determine whether additional analysis is required. The 2018 Project's estimated GHG emissions were determined to be not significant. AB 32 requires California to reduce its GHG emissions by approximately 28.5 percent when compared to GHG emissions produced under a "Business as Usual" scenario. As of 2018, the City had set forth reduction targets consistent with AB 32 and aimed to reduce CO2e emissions to 10 percent below 2005 levels by 2020 and 28 percent below 2005 by 2035. The analysis identified that the Project was considered consistent with the City's GHG Reduction Plan. The Project would not interfere with the State's implementation of (i) Executive Order B-30-15 and SB 32's target of reducing statewide GHG emissions to 40 percent below 1990 levels by 2030 or (ii) Executive Order S -3-05's target of reducing statewide GHG emissions to 80 percent below 1990 levels by 2050 because it would not interfere with the State's implementation of GHG reduction plans described in the ARB's Updated Scoping Plan, including providing for 12,000 megawatts of renewable distributed Page 51 493 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 generation by 2020, the California Building Commission mandating net zero energy homes in the building code after 2020, or existing building retrofits under AB 758. Therefore, the Project's impacts on greenhouse gas emissions in the 2030 and 2050 horizon years would be less than significant. 2023 Proposed Project Analysis A Project -level GHG analysis was conducted for the 2023 Proposed Project (Appendix A). To determine whether the project's GHG emissions are significant, this analysis uses the SCAQMD screening threshold of 3,000 MTCO2e per year for all land uses. The analysis in Appendix A shows that the total for the Proposed Project's emissions (without credit for any reductions from sustainable design, and/or regulatory requirements) would be 2,236.3 (million tons CO2e) MTCO2e per year. According to the thresholds of significance established by the SCAQMD, a cumulative global climate change impact would occur if the GHG emissions created from the on-going operations of a proposed project would exceed the SCAQMD draft threshold of 3,000 MTCO2e per year for all land uses. Therefore, as emissions do not exceed 3,000 MTCO2e per year, operation of the 2023 Proposed Project would not create a significant cumulative impact to global climate change. There have been no changes to applicable GHG plans and policies since the time of the 2018 Initial Study analysis. Implementation of the Proposed Project would also be required to comply with all applicable plans and policies. Therefore, there is no change in this analysis. 4.8.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures I Applicable/Not Applicable No mitigation measures were required to reduce impacts. Applicable. The 2023 Proposed Project is the same as 2018 Proposed Project with respect to Greenhouse Gas Emissions. Additionally, the Project -level GHG analysis confirmed that there are no significant impacts that warrant mitigation. 4.8.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 52 494 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.9 HAZARDS AND HAZARDOUS MATERIALS Page 53 495 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ Initial Study More Severe or More Severe Analysis or Verification? Impacts? Impacts? IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the Less Than environment through the routine transport, use, orNo Significant No No disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset Less Than No No No and accident conditions involving the release of Significant hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste No Impact No No No within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, No Impact No No No would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use No Impact No No No airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? f) ..f ") ,-,+„ (NA - NA- NA - F9F a eet within the ViGiRity a Removed Removed Removed uld the eet ref -rl+;n a -, Safety hzaFd 'StFiP ein +her r f9F No Impact from from from e�+ area') p ple siding a 9FI(iRg Guidelines) Guidelines) Guidelines) f) Impair implementation of or physically interfere Less Than with an adopted emergency response plan or Significant No No No emergency evacuation plan? g) Expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires? including wheFe r ildlands aFe adjacent to urbanized areas or wheFe residenees arp.,+.,.-... i...,.J ..,i+h . ,ildl- nd';') No Impact No No No Page 53 495 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.9.1 Discussion Summary of 2018 TCLQ Initial Study A Phase I ESA was prepared for the Project Site by EEI Geotechnical & Environmental Solutions (2016) and is included in Appendix C of the 2018 TCLQ Initial Study. The Phase I ESA did not identify any Recognized Environmental Conditions (RECs) that would pose a hazard. The Project would involve the routine transport, use, and disposal of hazardous materials throughout the construction and operations phase. All handling would be required to comply with all applicable local, state, and federal regulations. Compliance with regulations would reduce all impacts to less than significant. The Project Site is not located within 0.25 mile of an existing or proposed school. The nearest school is La Quinta High School, located 0.54 -mile northeast of the Project Site. The California Department of Toxic Substances Control compiles a list, most known as a Cortese List, of known sites containing hazardous materials. The Project Site is not listed as a known site containing hazardous materials. An emergency operations center (ECC) is the base of operation during emergency situations and is considered a critical facility. The La Quinta Civic Center building has been designated the City's primary EOC. The Riverside County Administrative Centers in Riverside and Indio, which have been designated the County's EOCs, and the County's mobile EOC may also be employed to aid during an emergency. The Proposed Project would not impair the operation of EOCs or physically interfere with the emergency response plan. 2023 Proposed Project Analysis The 2023 Proposed Project would occur within the footprint of the Project analyzed in the 2018 TCLQ Initial Study. While the number of rooms and number of stories would be same as approved in 2018, the 2023 Proposed Project includes the following: the building size would increase from 40,500 SF to 73,645 SF; parking would be reduced from the 150 spaces approved to 125 spaces; and a Centre at La Quinta Specific Plan Specific Plan Amendment would be required to increase the FAR from 0.35 to 0.61 for the Regional Commercial (CR) Zone to implement the 2023 Proposed Project. Although the building size would be larger than analyzed in 2018, the construction and operations, transport and use of hazardous materials would still be required to follow all federal, state, and local regulations. The 2023 Proposed Project would be reviewed by the City's fire department for compliance with fire department access. Therefore, the 2023 Proposed Project is materially like the Proposed Project analyzed by the 2018 TCLQ Initial Study, and the impacts would be the same as identified in the 2018 TCLQ Initial Study. Page 54 496 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.9.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than significant. as 2018 Proposed Project with respect to Hazards and Hazardous Materials. 4.9.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 55 497 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.10 HYDROLOGY AND WATER QUALITY Page 56 498 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ More or More Severe Analysis or Initial Study Severe Impacts? Verification? Impacts? X. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste Less Than discharge requirements or otherwise substantiallyNo Significant No No degrade surface or ground water quality? b) Substantially deplete decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede Less Than sustainable groundwater management of the basin there would be -, net deficit ; aquifer volume or No No No lowering of the local groundwater table level (e the .. . ducti.,n Fate Of pFe existing n -,.-hy wells Significant fisting land uses eF planned f...-y0hieh p ....itS have been g nted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration Less Than of the course of a stream or river, or through the Significant No No No addition of impervious surfaces, in a manner which would res -4 4 sa*bstant+al elcasie rs+te?: (assessed as • result in substantial erosion or siltation criterion X.c) onsite or offsite; No No No Less Than Significant (assessed as • substantially increase the rate or amount criterion X.d) of surface water runoff in a manner which Less Than Significant No No No would result in flooding on or offsite; • create or contribute to runoff water which (assessed as criterion X.e) Less Than No No No would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of Significant polluted runoff; or (assessed as • impede or redirect flood flows? criterion X.h) No No No No Impact Page 56 498 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.10.1 Discussion Summary of 2018 TCLQ Initial Study Water Quality. The Storm Water Pollution Prevention Program is designed to eliminate sedimentation, siltation, and the accumulation of urban pollutants within surface water run-off to protect water quality in receiving waters. Development projects are required to submit and receive approval of a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits and to also submit a Water Quality Management Plan (WQMP) detailing how storm waters will be controlled and treated during the Page 57 499 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ Initial Study More Severe or More Severe Analysis or Verification? Impacts? Impacts? (formerly d) In flood hazard, tsunami, or seiche zones, risk criterion X.i) No No No release of pollutants due to project inundation? No Impact (assessed as e) Conflict with or obstruct implementation of a criterion X.b) water quality control plan or sustainable No No No groundwater management plan? Less Than Significant d) Substantially alteF the existing dFainage pattem .,f +h., ar^'' -, including threugh the -.I+.,r+ien Referto (N/A — (N/A — (N/A — of the course of a str.,arn o ubst ,Bally in rate surfacer Criterion Guidelines Guidelines Guidelines the or n of off manner hich . Id whichwouldresult an floodingoff_ X(c) Revised) Revised) Revised) i of !'r.,-,+., a ntri hi u+., R_, eff ..,atel:..,h ieh . Irl ,,,� +h., ,. ,.i+t., ..f � ,, rplannedn,plannedCriterion Referto (N/A — (N/A — (N/A — exceed-y existing ., +„r apa , , „h + I Guidelines Guidelines Guidelines StE)FmSystems pFeviden+i a ddi+ieRal SOUFees of polluted r A? X(c) Revised) Revised) Revised) f) Otherwise substantially egr-,.J., water quality? Referto (N/A— (N/A— (N/A— Criterion Guidelines Guidelines Guidelines X(a) Revised) Revised) Revised) .,) of-.,.,, h..usi....within a 10 year fl.....J h-.z-,ra -, rea Referto (N/A — (N/A — (N/A — ..+h.,rfl.,.,.J h- „-,r,� insurance Criterion Guidelines Guidelines Guidelines Plead Rate Map t,r deli. eati.,.. Fnap? X(c) Revised) Revised) Revised) h) olaee within a Inn , rfl.,...J hazard aFea Referto (N/A— (N/A— (N/A— StFLI .+„Fes 1.0hich „I,- impede ! Fedwrect flood Criterion Guidelines Guidelines Guidelines flews? X(c) Revised) Revised) Revised) i) E.,pese r pl^ , struEtures to „ifeEan+ rill, E) Referto (N/A— (N/A— (N/A— !OSiRjUFY F death involving fleedin Eluding Criterion Guidelines Guidelines Guidelines fleeding as result of the failure of ., 1.,yee OF daFn? X(c) Revised) Revised) Revised) i) IY.uYdatien h.,. ieh tsunami UdflAw) Referto (N/A— (N/A— (N/A— Criterion Guidelines Guidelines Guidelines X(c) Revised) Revised) Revised) 4.10.1 Discussion Summary of 2018 TCLQ Initial Study Water Quality. The Storm Water Pollution Prevention Program is designed to eliminate sedimentation, siltation, and the accumulation of urban pollutants within surface water run-off to protect water quality in receiving waters. Development projects are required to submit and receive approval of a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits and to also submit a Water Quality Management Plan (WQMP) detailing how storm waters will be controlled and treated during the Page 57 499 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 project operational timeline. These two programs in concert are designed to protect receiving water quality and to assist in maintaining the Waste Discharge Requirements established by the Regional Water Quality Control Board for the local watershed. Enforcement of these programs minimizes impacts to water quality and ensures waste discharge requirements are continually met. Groundwater Supplies and Recharge: In compliance with legislative requirements, the Coachella Valley Water District (CVWD) has prepared its 2015 Urban Water Management Plan (UWMP). The UWMP provides information on the present and future water resources and demands and assesses CVWD's water resource needs. The UWMP also accounts for new growth and development that is expected to occur within the La Quinta Planning Area. CVWD has concluded that it can meet the water demands of its customers in normal, single dry, and multiple dry years between 2015 and 2035. Therefore, Project implementation, which included both the residential subdivision and hotel, would not deplete groundwater supplies, and impacts would be less than significant. Change in Drainage Patterns. The City's stormwater collection system includes catch basins, drainage basins, pumping stations, and force mains. Except for the storm drain system discharging into the existing retaining basin to the southeast, there are no storm drain pipes to connect to. As part of the Project, construction activities including grading, paving and site improvements may result in loose sediment. However, Project implementation would comply with all local, state, and federal requirements, and would ensure that the Project would not alter the existing drainage pattern such that significant impacts to on - or off-site erosion and/or siltation would occur. The City has adopted a Master Drainage Plan, which is currently in effect. Project drainage facilities would be subject to compliance with the Master Drainage Plan and must be reviewed/approved by the Public Works Department. The Project would result in an increase in impervious surface areas. However, the Project would also be subject to compliance with the City's Municipal Code Section Chapter 8.70: Surface Water Management and Discharge Controls, and the City's La Quinta Drainage Area Management Plan (DAMP), and thus would result in less than significant impacts on drainage patterns and flooding. 2023 Proposed Project Analysis The 2023 Proposed Project lies within the same study boundary as analyzed in the 2018 TCLQ Initial Study. A Project level hydrology study was prepared for the Proposed Project (Appendix B-1- Hydrology Study for La Qunita Hampton Inn, prepared by Woodard Group, April 2022), as well as a WQMP that identifies proposed stormwater control measures for the 2023 Proposed Project (Appendix B-2 - Project Specific Water Quality Management Plan for Greens Group, APN 600-340-060, prepared by Woodard Group, April 2022). The existing drainage pattern flows from the east property line to the west property line of the site at approximately 1.5% slope. One 8,865 SF earthen retention basin is proposed on the eastern end of the Project Site to capture the 100 -year storm event onsite and infiltrate within 48 hours. The Project incorporates Site Design Best Management Practices to fully address the Pollutants of Concern where and to the extent feasible. Page 58 500 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 June 2023 The 2023 Project is the same as what was proposed in 2018 in terms of lot coverage for the building and parking. The 8,865 SF earthen retention basin was determined through a Project -specific hydrology study and WQMP to be adequate for controlling stormwater for the 2023 Proposed Project. 4.10.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable No mitigation measures were identified because all impacts Applicable. The 2023 Proposed Project is the same were less than significant. as 2018 Proposed Project with respect to Hydrology and Water Quality. A Project -specific WQMP determined that the proposed retention basin would meet stormwater requirements of the proposed development. 4.10.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 59 501 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.11 LAND USE AND PLANNING 4.11.1 Discussion Summary of 2018 TCLQ Initial Study The Project proposed to develop 131 residential dwelling units and 125 hotel rooms on a 22 -acre lot in the City of La Quinta. Project approvals assessed under the 2018 TCLQ Initial Study included a Zone Change to change the current zoning of the Project Site from Regional Commercial (CR) to Medium density residential (RM) for a 19.2 -acre portion of PA II. Amendment 5 of The Centre at La Quinta Specific Plan identified high density detached housing and a hotel. The 2018 TCLQ Initial Study identified that the 2018 Proposed Project met the General Plan related general plan policies and did not propose design guideline changes to the Specific Plan. Therefore, potential impacts were less than significant. 2023 Proposed Project Analysis The 2023 Proposed Project would occur within the footprint of the Project analyzed in the 2018 TCLQ Initial Study. While the number of rooms and number of stories would be same as approved in 2018, the 2023 Proposed Project includes the following: the building size would increase from 40,500 SF to 73,645 SF; parking would be reduced from the 150 spaces approved to 125 spaces; and a Centre at La Quinta Specific Plan Specific Plan Amendment would be required to increase the FAR from 0.35 to 0.61 for the Regional Commercial (CR) Zone to implement the 2023 Proposed Project. Table 8 — Proposed Project and Land Use Element General Plan Consistency identifies the various General Plan policies that would be consistent with the Proposed Project, including the proposed increased FAR for the Project Site. Page 60 502 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ More or More Severe Analysis or Initial Study Severe Impacts? Verification? Impacts? XI. LAND USE AND PLANNING: Would the project result in: a) Physically divide an established community? No Impact No No No b) Cause a significant environmental impact due to a C—conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction ever the Less Than prejeet (inelu ding but net limited to the general plar. Significant No No No ^ adopted for the purpose of avoiding or mitigating an environmental effect? G) C011fliCt with aRy applicable habitat r-., ser ,a+ion No Impact (N/A — (N/A — (N/A — .,I.,.. ^-,+„r.,l community conser,.,+;^., plan'? Referto Guidelines Guidelines Guidelines Criterion Revised Revised Revised IV(f) 4.11.1 Discussion Summary of 2018 TCLQ Initial Study The Project proposed to develop 131 residential dwelling units and 125 hotel rooms on a 22 -acre lot in the City of La Quinta. Project approvals assessed under the 2018 TCLQ Initial Study included a Zone Change to change the current zoning of the Project Site from Regional Commercial (CR) to Medium density residential (RM) for a 19.2 -acre portion of PA II. Amendment 5 of The Centre at La Quinta Specific Plan identified high density detached housing and a hotel. The 2018 TCLQ Initial Study identified that the 2018 Proposed Project met the General Plan related general plan policies and did not propose design guideline changes to the Specific Plan. Therefore, potential impacts were less than significant. 2023 Proposed Project Analysis The 2023 Proposed Project would occur within the footprint of the Project analyzed in the 2018 TCLQ Initial Study. While the number of rooms and number of stories would be same as approved in 2018, the 2023 Proposed Project includes the following: the building size would increase from 40,500 SF to 73,645 SF; parking would be reduced from the 150 spaces approved to 125 spaces; and a Centre at La Quinta Specific Plan Specific Plan Amendment would be required to increase the FAR from 0.35 to 0.61 for the Regional Commercial (CR) Zone to implement the 2023 Proposed Project. Table 8 — Proposed Project and Land Use Element General Plan Consistency identifies the various General Plan policies that would be consistent with the Proposed Project, including the proposed increased FAR for the Project Site. Page 60 502 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Table 8 — Proposed Project and Land Use Element General Plan Consistency General Plan Policy Proposed Project LAND USE ELEMENT Policy LU --- 2.1 Consistent. The 2023 Proposed Project maintains the Changes and variations from the Zoning Ordinance in a mix of commercial and residential identified in the 2018 Specific Plan will be offset by high quality design, Specific Plan Amendment. amenities and mix of land uses. Policy LU --- 6.2 Consistent. The number of rooms and number of stories Maintain commercial development standards in the would be same as approved in 2018, and the revisions Zoning Ordinance, including setbacks, height, pad to increase the building size from 40,500 SF to 73,645 elevations and other design and performance SF as well as the Centre at La Quinta Specific Plan standards that assure a high quality of development. Specific Plan Amendment to increase the floor area ratio (FAR) from 0.35 to 0.61 for the hotel in the Regional Commercial Zone maintains the high-quality design as envisioned in the 2018 approval. The proposed SPA for the increased FAR and hotel parking standards apply only to APN 600-340-060. 4.11.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than significant. as 2018 Proposed Project with respect to Land Use and Plannine 4.11.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 61 503 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.12 MINERAL RESOURCES 4.12.1 Discussion Summary of 2018 TCLQ Initial Study According to the City of La Quinta General Plan, most of the City, including the Project site, lies within Mineral Resource Zone (MRZ)-1. MRZ-1 lands are areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood for their presence exists. According to the La Quinta General Plan Geologic Map, the Project Site contains alluvial sand and clay of valley areas. Impacts were determined to be less than significant. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. Impacts would be less than significant. 4.12.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures I Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than significant. I as 2018 Proposed Project with respect to Mineral Resources 4.12.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 62 504 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ More or Analysis or Initial Study Severe More Severe Verification? Impacts? Impacts? XII. MINERAL RESOURCES: Would the project result in: a) Result in the loss of availability of a known Less Than mineral resource that would be of value to theNo Significant No No region and residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site Less Than No No No delineated on a local general plan, specific plan, or Significant other land use plan? 4.12.1 Discussion Summary of 2018 TCLQ Initial Study According to the City of La Quinta General Plan, most of the City, including the Project site, lies within Mineral Resource Zone (MRZ)-1. MRZ-1 lands are areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood for their presence exists. According to the La Quinta General Plan Geologic Map, the Project Site contains alluvial sand and clay of valley areas. Impacts were determined to be less than significant. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. Impacts would be less than significant. 4.12.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures I Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than significant. I as 2018 Proposed Project with respect to Mineral Resources 4.12.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 62 504 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.13 NOISE Page 63 505 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New Mitigation 2018 TCLQ More or Analysis or Measure Initial Study Severe More Severe Verification? Impacts? Impacts? XIII. NOISE: Would the project result in: a) Expo wl:e of s t^ ^ Generation of a substantial Less Than temporary or permanent increase in Significant With No No No N-1 ambient noise levels in the vicinity of the project in excess of standards Mitigation established in the local general plan Incorporated or noise ordinance, or applicable standards of other agencies? Generation of excessive groundborne Less Than No No No None vibration or groundborne noise Significant g levels? e) A substantial Rt i w ^e -se --r in the ^ Referto (N/A — (N/A — (N/A — (N/A — bi^.nt level eet ;�;�;�.. ^..^�� ^,,;��;�� ...;},,^„} Criterion Guidelines Guidelines Guidelines Guidelines above t� ^�^;^rt #W-�4 XIII(a) Revised Revised Revised Revised ^ai�;� Referto (N/A— (N/A— (N/A— (N/A— ambient n �^ 4 ;^+�^rease ^^ein Criterion Guidelines Guidelines Guidelines Guidelines i ^„t }pit ^ ^�+� ejeng ct},;^;^;+„ abeve XIII(a) Revised Revised Revised Revised c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within No Impact No No No None two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) F9F a eet within the vicinity ..f a pFivate uldthe ^ eet Referto (N/A— (N/A— (N/A— (N/A— expese ^ple Fesiding ^F WeFl-iRg it Criterion Guidelines Guidelines Guidelines Guidelines the r ^,.t area to ^ levels? XIII(c) Revised Revised Revised Revised Page 63 505 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.13.1 Discussion Summary of 2018 TCLQ Initial Study A Project -level Noise Impact Analysis report prepared by Urban Crossroads dated July 7, 2017, was prepared, and is contained in Appendix D of the 2018 TCLQ Initial Study. The Project would include construction of a minimum 6 -foot -high noise barrier to shield the outdoor living areas (backyards) of the residential lots adjacent to Adams Street. Project -related construction noise of the hotel is expected to create temporary and intermittent noise impacts at receivers surrounding the Project Site but was identified to be less than significant because construction would comply with the City's noise ordinances. For operational noise, the hotel use was expected to generate stationary -source noise levels from pool activity, rooftop air conditioning units, a transformer, an emergency backup generator, and parking lot vehicle movements. These noise sources could potentially result in noise impacts to the proposed residential land uses that would be located directly south of the hotel site. The calculated combined hourly noise levels associated with the rooftop air conditioning units, parking lot vehicle movements, park activity, outdoor pool/spa activity, a pad -mounted transformer, and an emergency backup generator are expected to range from 32.1 to 48.1 dBA L50 at the sensitive off-site receiver locations. These noise levels when averaged over a 24-hour period would not exceed the City's exterior noise level standard of 65 dBA CNEL for residential homes, nor would they exceed the interior noise level standard of 45 dBA CNEL. Therefore, impacts from the stationary noise sources of the proposed hotel land use on the proposed residential land uses would be less than significant. One existing stationary noise source in the Project study area is the Walmart loading docks located immediately east of the Project Site. Noise -generating activities at Walmart include truck pass by events, loading and unloading of material, forklift movements, and storage container bin activities. Mitigation Measure N0I-1 to supply alternate mechanical ventilation for the residential units planned to the south of the hotel was identified as required to reduce potential truck passing noise impacts from the Walmart to less than significant levels. 2023 Proposed Project Analysis The 2023 Proposed Project occurs on the same site as analyzed in the 2018 TCLQ Initial Study. While the number of rooms and number of stories would be same as approved in 2018, the 2023 Proposed Project includes: an increase in the building size from 40,500 SF to 73,645 SF; reduced parking from the 150 spaces approved to 125 spaces; and a Centre at La Quinta Specific Plan Specific Plan Amendment would be required to increase the FAR from 0.35 to 0.61 for the hotel parcel in the Regional Commercial (CR) Zone to implement the 2023 Proposed Project. Construction noise would remain less than significant because construction would comply with the City's ordinances. Page 64 506 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Though the building size has been increased by 33,145 SF, or 45 percent increase in density, the stationary - source noise levels from pool activity, rooftop air conditioning units, a transformer, an emergency backup generator, and parking lot vehicle movements are anticipated to be similar to what was analyzed in the 2018 TCLQ Initial Study. Noise pass by from the nearby Walmart was identified as more of an impact than the proposed hotel, and as such Mitigation Measure NOI-1 was required for the residential units planned for south of the hotel. Any potential impacts to the planned residential units from the increase in the hotel building size would also be off -set by Mitigation Measure NOI-1. 4.13.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable MM NOI-1 The project shall supply an alternate mechanical Not Applicable. This mitigation measure is ventilation system for all proposed residential specific to the residential units planned for units that will permit windows to remain closed the south of the hotel. for prolonged periods of time. 4.13.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 65 507 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.14 POPULATION AND HOUSING 4.14.1 Discussion Summary of 2018 TCLQ Initial Study The 2018 Proposed Project includes the construction of 131 medium-high density single-family residential units and a 125 -room hotel. According to the United States Census Bureau, the average household size in 2016 is 2.6 persons per household. The Project is anticipated to generate approximately 341 new residents, which is consistent with the population forecast for the City. The Project Site is vacant and therefore would not displace existing housing or require the construction of housing elsewhere. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and does not include housing. Hotel patrons are not considered permanent residents with respect to analyzing impacts on population and housing. Impacts would be less than significant. Page 66 508 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New Mitigation 2018 TCLQ More or Analysis or Measure Initial Study Severe More Severe Verification? Impacts? Impacts? XIV. POPULATION AND HOUSING: Would the project result in: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes Less Than No No No None and businesses) or indirectly (for Significant g example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the No Impact No No No None construction of replacement housing elsewhere? e) Displace �i tantialtating .-; (N/A— (N/A— (N/A— (N/A— peeneee No Impact Guidelines Guidelines Guidelines Guidelines e- �...��r�� Rte - Revised Revised Revised Revised 4.14.1 Discussion Summary of 2018 TCLQ Initial Study The 2018 Proposed Project includes the construction of 131 medium-high density single-family residential units and a 125 -room hotel. According to the United States Census Bureau, the average household size in 2016 is 2.6 persons per household. The Project is anticipated to generate approximately 341 new residents, which is consistent with the population forecast for the City. The Project Site is vacant and therefore would not displace existing housing or require the construction of housing elsewhere. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and does not include housing. Hotel patrons are not considered permanent residents with respect to analyzing impacts on population and housing. Impacts would be less than significant. Page 66 508 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.14.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than significant. as 2018 Proposed Project with respect to Population and Housing. 4.14.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 67 509 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.15 PUBLIC SERVICES 4.15.1 Discussion Summary of 2018 TCLQ Initial Study While the Proposed Project could potentially result in an increased number of calls for police and fire services, the nominal increase in population generated by the residential units and hotel would not require the construction of new police or fire facilities or the expansion of existing facilities to accommodate new staff or equipment. Therefore, impacts to police and fire protection would be less than significant. Because the Project would be required to pay school impact fees in accordance with state law, the Proposed Project would not result in adverse physical impacts to schools. Therefore, potential impacts would be less than significant. The Project would provide adequate recreational facilities to the residents and hotel guests so that the Project would not increase the demand for nearby recreational facilities. The 2018 TCLQ Initial Study analysis identified that the Project provides 3.2 acres of open space for a total of 0.01 acres of open space per estimated new resident generated by the housing component, therefore, the Project far exceeds the Quimby Act and City requirements for open space. Therefore, impacts related to parkland from the Project would be less than significant. The residential component of the Proposed Project represents less than a 1 percent increase in the City's population. Therefore, the Proposed Project would not result in a significant impact to public facilities, Page 68 510 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ More or More Severe Analysis or Initial Study Severe Impacts? Verification? Impacts? XV. PUBLIC SERVICES: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Less Than a) Fire Protection? No No No Significant Less Than b) Police Protection? No No No No Less Than c) Schools? No No No Significant Less Than d) Parks? No No No Significant Less Than e) Other Public Facilities No No No Significant 4.15.1 Discussion Summary of 2018 TCLQ Initial Study While the Proposed Project could potentially result in an increased number of calls for police and fire services, the nominal increase in population generated by the residential units and hotel would not require the construction of new police or fire facilities or the expansion of existing facilities to accommodate new staff or equipment. Therefore, impacts to police and fire protection would be less than significant. Because the Project would be required to pay school impact fees in accordance with state law, the Proposed Project would not result in adverse physical impacts to schools. Therefore, potential impacts would be less than significant. The Project would provide adequate recreational facilities to the residents and hotel guests so that the Project would not increase the demand for nearby recreational facilities. The 2018 TCLQ Initial Study analysis identified that the Project provides 3.2 acres of open space for a total of 0.01 acres of open space per estimated new resident generated by the housing component, therefore, the Project far exceeds the Quimby Act and City requirements for open space. Therefore, impacts related to parkland from the Project would be less than significant. The residential component of the Proposed Project represents less than a 1 percent increase in the City's population. Therefore, the Proposed Project would not result in a significant impact to public facilities, Page 68 510 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 nor require the development of new facilities or expansion of existing facilities. Impacts to public facilities would be less than significant. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and does not include housing or increases in population. The 2023 Proposed Project proposes the same number of rooms as identified in the 2018 TCLQ Initial Study assessment, therefore, the impacts to public services are the same as previously analyzed. Impacts would be less than significant. 4.15.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures I Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than significant. as 2018 Proposed Project with respect to Public Services. 4.15.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 69 511 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.16 RECREATION 4.16.1 Discussion Summary of 2018 TCLQ Initial Study According to the City's General Plan, La Quinta currently has 218.75 acres of Quimby Act Parkland within its city limits. The Project does not propose new or physically altered park facilities. The Project involves construction of 131 residential dwelling units and a 125 -room hotel. As analyzed in the Land Use and Planning section, the Project is estimated to generate 341 new residents in the City. The Proposed Project includes 3.2 acres of common open space (active). The Project would provide adequate recreational amenities within the Project to meet the anticipated activities of the community. Therefore, the potential impacts associated with recreational facilities would be less than significant. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and does not include housing or increases in population. The 2023 Proposed Project proposes the same number of rooms as identified in the 2018 TCLQ Initial Study assessment, therefore, the impacts to public services are the same as previously analyzed. Therefore, potential impacts would be less than significant. 4.16.2 Mitigation Measures The 2010 FBSP Initial Study did not identify that mitigation was required to reduce impacts to less than significant. Page 70 512 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ More or Analysis or Initial Study Severe More Severe Verification? Impacts? Impacts? XVI. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other Less Than recreational facilities such that substantialNo Significant No No physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion Less Than of recreational facilities which might have an Significant No No No adverse physical effect on the environment?? 4.16.1 Discussion Summary of 2018 TCLQ Initial Study According to the City's General Plan, La Quinta currently has 218.75 acres of Quimby Act Parkland within its city limits. The Project does not propose new or physically altered park facilities. The Project involves construction of 131 residential dwelling units and a 125 -room hotel. As analyzed in the Land Use and Planning section, the Project is estimated to generate 341 new residents in the City. The Proposed Project includes 3.2 acres of common open space (active). The Project would provide adequate recreational amenities within the Project to meet the anticipated activities of the community. Therefore, the potential impacts associated with recreational facilities would be less than significant. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and does not include housing or increases in population. The 2023 Proposed Project proposes the same number of rooms as identified in the 2018 TCLQ Initial Study assessment, therefore, the impacts to public services are the same as previously analyzed. Therefore, potential impacts would be less than significant. 4.16.2 Mitigation Measures The 2010 FBSP Initial Study did not identify that mitigation was required to reduce impacts to less than significant. Page 70 512 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Revisions to Mitigation Measures: 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than significant. as 2018 Proposed Project with respect to Recreation. 4.16.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 71 513 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.17 TRANSPORTATION Page 72 514 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ More or More Severe Analysis or Initial Study Severe Impacts? Verification? Impacts? XVII. TRANSPORTATION /TDA: Would the project: a) Conflict with aR appIieab4e_pLqgram plan, ordinance or policy establishing „f „ff,,.+,.,,,ners fee the penfeFinanee e# addressing the circulation system, including transit, roadway, bicycle and pedestrian Less Than facilities? taking ie+e - nt all modes of transportation , ncludln"g mass transit and nen meterized travel and .,le nt components of thecirculation s+eincluding but net limited to intersections, streets, highways e.J freeways, pedestrian and bicycle paths and Fnass transit? i. Significant No No No b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b){�}?_�en€41e with an applicable anagemen�ogFa„r Not eludingh„+ net limited +e level of rep4ee standards -,ort tFayel demand Fn ' er ether standards established by es+ient agency fer designates) the a my a ., .... Analyzed No No No e) Result ehangein aiF+r-,ffie patterns eluding either N/A— N/A— N/A — .. tFaffie levels or change ie leeatien that Removed Removed Removed re-SuAS in substantial safety risks? from from from No Impact Guidelines, Guidelines, Guidelines, Refer to Refer to Refer to Section IX(e) Section IX(e) Section IX(e) c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous Less Than No No No intersections) or incompatible uses (e.g., farm Significant equipment)? Less Than d) Result in inadequate emergency access? Significant With No No No Mitigation Incorporated f) Genfliet with -glee+est eelieies plans N/A— N/A— N/A — regarding public transit, bicycle, edestr R facilities, Removed Removed Removed otherwise decrease the perferr,.,anree A -.r safety of such Refer to from from from facilities? Section Guidelines, Guidelines, Guidelines, XVII(a) Refer to Refer to Refer to Section Section Section XVII(a) XVII(a) XVII(a) Page 72 514 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.17.1 Discussion This Environmental Subject Area underwent major revisions since the preparation of the 2018 TCLQ Initial Study. While most of the revisions represent combining multiple individual criterion into single criterions for evaluation, the major revision was to Criterion XVII(b). CEQA Guidelines Section 15064.3 provides that transportation impacts of projects are, in general, best measured by evaluating the project's vehicle miles traveled (VMT). Automobile delay (often called Level of Service [LOS]) will no longer be considered as an environmental impact under CEQA, which is reflected in this revised criterion. However, many jurisdictions, including the City of LaQuinta, continue to use LOS in their General Plans as a benchmark for satisfactory operation of its roadways while using VMT for CEQA purposes. Because use of VMT was adopted after the 2018 TCLQ Initial Study, VMT was not studied for the 2018 TCLQ Initial Study. Summary of 2018 TCLQ Initial Study A Project -level Traffic Impact Analysis (TIA) report was prepared by Urban Crossroads dated November 20, 2017, and is contained in Appendix E of 2018 TCLQ Initial Study. The 2018 Proposed Project included a zone change for a portion of the Project Site from Regional Commercial to residential. The traffic study identified that the 2018 Proposed Project consisting of a mix of Regional Commercial and residential would generate 7,748 fewer trip -ends per day with 50 fewer AM peak -hour trips and 661 fewer PM peak -hour trips compared with the land uses and intensities that could occur under the current General Plan designations where the entire Project Site was zoned Regional Commercial. All impacts were determined to be less than significant or no impact, except for threshold XVII (d) relative to emergency access. For that threshold it was determined that Regional access to the Project Site is provided via Highway 111 and the 1-10 Freeway via Washington Street. Access to the Project Site would be provided to Adams Street, Auto Centre Drive, and La Quinta Drive via the following driveways: • Adams Street via Via Grazianna/Driveway 1 (full access) • Auto Center Way via Driveway 2 (full access) • Auto Centre Drive via Driveway 3 (full access) • La Quinta Drive via Driveway 4 (full access) Implementation of Mitigation Measure TRANS -1 to develop roadways to City standards was recommended to address site access improvements for the Project. With the implementation of Mitigation Measure TRANS -1, the Project's impacts to adequate emergency access would be reduced to a less than significant level. 2023 Proposed Project Analysis The 2023 Proposed Project would occur within the footprint of the Project analyzed in the 2018 TCLQ Initial Study. While the number of rooms and number of stories would be same as approved in 2018, the 2023 Proposed Project includes the following: the building size would increase from 40,500 SF to 73,645 SF; parking would be reduced from the 150 spaces approved to 125 spaces; and a Centre at La Quinta Page 73 515 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 Specific Plan Specific Plan Amendment would be required to increase the FAR from 0.35 to 0.61 for the Regional Commercial (CR) Zone to implement the 2023 Proposed Project. Given that the number of hotel rooms available would not change, it is assumed that the traffic generated by the hotel room would remain unchanged from that which was analyzed in the 2018 TCLQ Initial Study. Specific Plan Amendment — Hotel Parking The issue of parking is not addressed by a CEQA threshold. However, the 2023 Proposed Project includes a Specific Plan Amendment to add a specific "Hotel Parking" category to the Specific Plan Section 3.1.2 — Standards, specifically, Table 3.1: Development Standards - Regional Commercial. Therefore, to assess the Proposed Specific Plan Amendment to add requirements for "Hotel Parking," a parking and traffic consistency study was conducted for the 2023 Proposed Project (Appendix C - La Quinta Parking and Traffic Consistency Study (JN 0232-0023), prepared by Trames Solutions, Inc, October 26, 2022). The study in Appendix C identifies that based on the City's parking requirements 138 spaces would be required for the hotel. The Project's proposal to only provide 125 parking spaces would leave a shortfall of 13 spaces. However, the study in Appendix C analyzed the parking requirements using the Institute of Transportation Engineers, which resulted in the hotel only needing 124 spaces, leaving a surplus of one space. The study in Appendix C noted that due to the studies performed by the Institute of Transportation Engineers and parking rates from other nearby cities, the parking demands for the 125 -room hotel would range from 107 to 125 parking spaces. Furthermore, due to the convenience and cost savings of ride sharing, a further reduction in the parking demand can be assumed. Therefore, 125 spaces were deemed adequate. Therefore, the impacts of adding a "Hotel Parking" requirement to the Specific Plan's design standards would be less than significant. Vehicle Miles Traveled The City adopted a Vehicle Miles Traveled (VMT) Policy in June 2020 which outlined the thresholds of significance for the purposes of analyzing transportation impacts in accordance with CEQA. Projects would be exempted from having to prepare a VMT analysis if it met certain criteria based on land use type, transit priority area, and the project being in a low VMT area. These types are exempted as they are presumed to have a less than significant impact on the environment. The Proposed Project is consistent with the transit priority screening criterion 1 — Has a floor area ratio (FAR) of less than 0.75. The Proposed Project has a FAR of 0.61. Therefore, the Project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) relative to VMT. Page 74 516 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.17.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures MM TRANS- Curb -and -gutter and sidewalk improvements 1 are in place but shall be modified accordingly, based on proposed driveway locations. The project shall construct curb -and -gutter and sidewalk improvements along the project's western boundary along the southern extension of Auto Center Way. Adams Street & Driveway 1—Modify the raised median to provide the following storage lengths: - Southbound Left -Turn Lane: Improve the raised median to provide a pocket length of 100 feet to meet City standards for deceleration lanes and to allow right-in/right-out and left -in access only. Auto Center Way & Driveway 2— Construct the intersection with the following: - Construct east leg to facilitate ingress and egress access to the proposed hotel. Driveway 3 & Auto Centre Drive— Construct the intersection with the following: - Construct south leg to facilitate ingress and egress access to the proposed hotel. - Westbound left -turn lane: provide a minimum of 50 feet of storage within the existing two -way -left turn lane (painted median). La Quinta Drive & Driveway 4— Construct the intersection with the following: - Construct west leg to facilitate ingress and egress access to the proposed residential use. - Northbound left -turn lane: provide a minimum of 50 feet of storage within the existing two -way -left turn lane (painted median). June 2023 Applicable/Not Applicable Applicable. The 2023 Proposed Project would construct roadway improvements that are specific to the hotel, per the direction of the City. The 2023 Proposed Project includes driveway approaches along Auto Center Drive and Auto Center Way South. There is existing sidewalk and curb and gutter along Auto Center Drive, which would remain. New sidewalk and curb and gutter are planned for Auto Center Way South. Additionally, the Project will be conditioned to dedicate ROW per the City's direction. The design of the Proposed Project implements Driveways 2 and 3 as identified in MM TRANS - 1. Page 75 517 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.17.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 76 518 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.18 TRIBAL CULTURAL RESOURCES 4.18.1 Discussion Summary of 2018 TCLQ Initial Study Tribal Cultural Resources (TCRs) can include wood, stone, foundations, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, and other refuse. The general area has been shown to be highly archaeologically sensitive for both prehistoric and historic resources. The abundance of previously recorded cultural resources within the immediate vicinity of the Project area exhibits no clear distribution pattern, which is due to the proximity of the Project area to the boundaries of ancient Lake Cahuilla. Furthermore, four resources (two historic and two prehistoric) have been previously recorded within the Project area, indicating that the subject parcel itself has a high sensitivity to produce both historic and prehistoric resources. However, these were determined to be ineligible for the National Register or California Register and were destroyed because of previous excavations on-site. The City conducted consultations consistent with Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) with tribes as designated by Native American Heritage Commission (NAHC). The Viejas Tribal Government responded that the Project Site has little cultural significance to the Viejas Tribal Government. The Augustine Band of Cahuilla Indians responded that they were unaware of specific cultural resources that may be affected by the Proposed Project. Page 77 519 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ Initial More or Analysis or Study Severe More Severe Verification? Impacts? Impacts? XVIII. TRIBAL CULTURAL RESOURCES: Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local No Impact No No No register of historical resources as defined in Public Resources Code section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section Less Than No No No 5024.1. In applying the criteria set forth in Significant subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. 4.18.1 Discussion Summary of 2018 TCLQ Initial Study Tribal Cultural Resources (TCRs) can include wood, stone, foundations, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, and other refuse. The general area has been shown to be highly archaeologically sensitive for both prehistoric and historic resources. The abundance of previously recorded cultural resources within the immediate vicinity of the Project area exhibits no clear distribution pattern, which is due to the proximity of the Project area to the boundaries of ancient Lake Cahuilla. Furthermore, four resources (two historic and two prehistoric) have been previously recorded within the Project area, indicating that the subject parcel itself has a high sensitivity to produce both historic and prehistoric resources. However, these were determined to be ineligible for the National Register or California Register and were destroyed because of previous excavations on-site. The City conducted consultations consistent with Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) with tribes as designated by Native American Heritage Commission (NAHC). The Viejas Tribal Government responded that the Project Site has little cultural significance to the Viejas Tribal Government. The Augustine Band of Cahuilla Indians responded that they were unaware of specific cultural resources that may be affected by the Proposed Project. Page 77 519 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 The Agua Caliente Band of Cahuilla Indians responded to the AB 52 consultation letter that although the Project Site is outside of the Agua Caliente Band of Cahuilla Indians territory, it is within the Tribe's Traditional Use Area and therefore requested that an archaeological monitor be present during ground disturbing activities. Mitigation Measures TRI -1, TRI -2, and TRI -3 were determined to be required to address all tribes' requests and ensure that the Project would not cause a substantial adverse change in the significance of a tribal cultural resource. 2023 Proposed Project Analysis The 2023 Proposed Project occurs on the same site assessed by the 2018 TCLQ Initial Study. Because the 2023 Proposed Project includes a Specific Plan Amendment, the City conducted an SB 18 consultation. Only one tribe (Agua Caliente) has responded with interest in scheduling an agency -to -agency meeting. The City responded by sending them a copy of the latest cultural resources information, including the mitigation measures identified in the 2018 TCLQ Initial Study. The Agua Caliente tribe indicated that implementation of Mitigation measures TRI -1, TRI -2 and TRI -3 continued to be sufficient to address their concerns. 4.18.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable MM TRI -1 Prior to any ground -disturbing activities, the Applicable. The 2023 Project Site is the applicant shall retain the services of a qualified same as analyzed in 2018, and for which, archaeologist and Tribal Monitor. Copies of through tribal consultation, the mitigation contracts with monitoring archaeologists and measure was determined to continue to be Tribal Monitors shall be provided to the City prior necessary to address unanticipated tribal to the issuance of any ground -disturbing permit. resources. Full-time archaeological monitoring shall be conducted by a qualified archaeologist for excavations that will exceed 3 feet in depth. In the event that buried cultural resources are discovered during construction, the archaeologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant's representative shall immediately notify the City. The archaeologist shall determine whether the finding requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during Page 78 520 Site Development Permit No. SDP2022-0007 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 June 2023 1. There shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is reauired. If the Page 79 521 construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA criteria. The archaeologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM TRI -2 Prior to any ground -disturbing activities, the Applicable. The 2023 Project Site is the applicant shall retain the services of a qualified same as analyzed in 2018, and for which, geologist or paleontologist. Full-time monitoring through tribal consultation, the mitigation shall be conducted for all excavations that measure was determined to continue to be exceed 3 feet in depth. In the event that necessary to address unanticipated tribal paleontological resources are discovered during resources. construction, the paleontologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant's representative shall immediately notify the City. The paleontologist shall determine whether the finding requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The paleontologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with the Society of Vertebrate Paleontology Guidelines. Any fossils recovered during mitigation shall be deposited in an accredited and permanent scientific institution. The paleontologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM TRI -3 In the event of the accidental discovery of any Applicable. The 2023 Project Site is the human remains on the project, CEQA Guidelines same as analyzed in 2018, and for which, Section 15064.5; Health and Safety Code Section through tribal consultation, the mitigation 7050.5; and Public Resources Code (PRC) measure was determined to continue to be Sections 5097.94 and 5097.98 must be followed. necessary to address unanticipated tribal If during the course of project development resources. there is accidental discovery of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is reauired. If the Page 79 521 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the "most likely descendant" (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98, Environmental Issues. 4.18.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 80 522 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.19 UTILITIES AND SERVICE SYSTEMS Page 81 523 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ Initial More or Analysis or Study Severe More Severe Verification? Impacts? Impacts? XIX. UTILITIES AND SERVICE SYSTEMS: Would the project: a)E)(.,.,ed -..-+,,,.,-,teFtFeat,....ent F .,ts A (N/A— (N/A— (N/A— the applue,"'^ Regienal ` ateF QUality G^ Removed Removed Removed No Impact from from from Guidelines) Guidelines) Guidelines) a) Require or result in the relocation or construction of new or expanded water, or wastewater treatment or storm water drainage, electric power, No Impact natural gas, or telecommunications facilities e -r and Less Than No No No expansien .,f existing facil the construction or Significant relocation of which could cause significant environmental effects? b) Req sire ^ „I+ in the c .,,-+.-, �e+ffieR of .. No StE)existing FFf.., facilities, +a,^ chitE01954,, s 9F , f .nsie, „I , Impact Guidelines Guidelines Guidelines eause ifi, ant ^ ntal ^ffeets? Revised) Revised) Revised) b) Have sufficient water supplies available to serve the project and reasonably foreseeable future Less Than development during normal, dry, and multiple dryNo Significant No No years f. -..m existing enti+l.,m. nts -and FesewFees, e+ c) Result in a determination by the wastewater treatment provider which serves or may serve the Less Than project that it has adequate capacity to serve theNo Significant No No project's projected demand in addition to the provider's existing commitments? d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local Less Than Significant No No No infrastructure, or otherwise impair the attainment of solid waste reduction goals? Remi. dila with Seffie+ee peFFnitted eapare+ty to ..-date the er+'.- ^lid - ste di, -^l sal needs? e) Comply with federal, state, and local management and reduction statutes and No Impact No No No regulations related to solid waste? Page 81 523 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.19.1 Discussion Summary of 2018 TCLQ Initial Study Wastewater Facilities and Demand Sanitary sewer collection and treatment facilities are provided by the CVWD within most of the City. There are existing sewer mains in Adams Street and Auto Center Drive to which the Project would connect to. The CVWD determined it had sufficient capacity to service the Project. Additionally, the Project would pay a connection fee that would financially assist toward future expansion and upgrading wastewater drainage infrastructure if required. Impacts to wastewater connection and service were determined to be less than significant. As stated in the General Plan EIR, it is assumed that domestic wastewater flows are equivalent to the potable water demand projections. Therefore, the Project, consisting of 131 residential units and a 125 - room hotel would generate 66.04 acre-feet of wastewater per year, or 58,957 gallons per day. The amount of wastewater generated by the Project would account for a nominal 1.47 percent of the remaining capacity of the Mid -Valley Water Reclamation Plant (WRP-4). The impacts would be less than significant. Stormwater Facilities and Demand Pursuant to the WQMP, the Project would be required to implement stormwater best management practices that limit the volume and flow of stormwater to the municipal storm sewer system (Appendix F of the 2018 TCLQ Initial Study). Therefore, overall, impacts would be less than significant. Water Facilities and Demand The commercial development permitted under the current zoning (Regional Commercial with floor area ratio of 0.35) would be 335,412 square feet in size. The water demand of a corporate building (permitted under the existing Regional Commercial zone) would be 12.78 acre-feet per year (34g/sf/day x 335.412 ksf x 365 = 4,162,462 gallons, or 12.78 acre-feet). Although the Project would result in increased water usage beyond existing conditions (since the site is currently vacant) and what was planned under the City's General Plan, the increased water demand only accounts for a negligible amount of CVWD's water supply. No new or expanded water supply entitlements would be needed. Therefore, potential impacts would be less than significant. Solid Waste Facilities and Demand The City has a solid waste service agreement with Burrtec Waste and Recycling Services, LLC for the collection and transport of solid waste to landfill sites. The Edom Hill Transfer Station accepts solid waste from the City. All waste received at the Edom Hill Transfer Station is transferred to one of three landfills: Lambs Canyon Landfill near Beaumont, Badlands Landfill near Moreno Valley, and EI Sobrante Landfill near Corona. According to the CalRecycle Estate Solid Waste Generation rates website, the 125 -room hotel would generate 250 pounds of solid waste per day (2pounds/room/day).The residential development would generate 1,602 pounds of solid waste per day (12.23lbs/household/day)33. In total, Page 82 524 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 the Project would generate 1,852 pounds of solid waste per day. The three existing landfills described above would have long-term capacity sufficient for expected solid waste generated by the Project, and Burrtec plans to provide service to accommodate future development. Impacts were less than significant. Solid waste disposal services must follow federal, state, and local statutes and regulations related to the collection of solid waste. Therefore, potential impacts would be less than significant. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and proposes the same number of rooms as identified in the 2018 TCLQ Initial Study assessment, therefore, the impacts to utilities and service systems are the same as previously analyzed. Impacts would be less than significant. 4.19.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures I Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than significant. I as 2018 Proposed Project with respect to Utilities and Service Systems. 4.19.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 83 525 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.20 WILDFIRE 4.20.1 Discussion An analysis of the wildfire risk was not required by the CEQA Guidelines at the time the 2018 TCLQ Initial Study was prepared and therefore was not analyzed. However, the wildfire risk was known at the time of the 2018 TCLQ Initial Study and is covered briefly by Guidelines Criterion IX(g) which evaluated a Project's potential hazard to expose people and structures to wildfire. The 2018 TCLQ Initial Study identified that the Project Site is located within an urban area and not adjacent to wildlands. In addition, according to the CAL FIRE Riverside County Fire Hazard Severity Zone Map, the Project Site is not located within a Very High Fire Hazard Severity Zone. Therefore, Project implementation would not expose people or structures to a significant risk involving wild land fires. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and proposes the same number of rooms as identified in the 2018 TCLQ Initial Study assessment, therefore, the impacts to utilities and service systems are the same as previously analyzed. Impacts would be less than significant. Page 84 526 Do the Proposed New New Impact Changes Circumstances Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ More or Analysis or Initial Study Severe More Severe Verification? Impacts? Impacts? XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, Would the project: a) Substantially impair an adopted emergency Not Analyzed No No No response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, Not Analyzed No No No exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of wildfire? c) Require the installation or maintenance of Not Analyzed No No No associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, Not Analyzed No No No including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? 4.20.1 Discussion An analysis of the wildfire risk was not required by the CEQA Guidelines at the time the 2018 TCLQ Initial Study was prepared and therefore was not analyzed. However, the wildfire risk was known at the time of the 2018 TCLQ Initial Study and is covered briefly by Guidelines Criterion IX(g) which evaluated a Project's potential hazard to expose people and structures to wildfire. The 2018 TCLQ Initial Study identified that the Project Site is located within an urban area and not adjacent to wildlands. In addition, according to the CAL FIRE Riverside County Fire Hazard Severity Zone Map, the Project Site is not located within a Very High Fire Hazard Severity Zone. Therefore, Project implementation would not expose people or structures to a significant risk involving wild land fires. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and proposes the same number of rooms as identified in the 2018 TCLQ Initial Study assessment, therefore, the impacts to utilities and service systems are the same as previously analyzed. Impacts would be less than significant. Page 84 526 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.20.2 Mitigation Measures 2018 TCLQ Initial Study Mitigation Measures Applicable/Not Applicable No mitigation measures were required to reduce impacts Applicable. The 2023 Proposed Project is the same because all impacts were less than sienificant. as 2018 Proposed Proiect with respect to Wildfire. 4.20.3 Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Page 85 527 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 4.21 MANDATORY FINDINGS OF SIGNIFICANCE 4.21.1 Discussion Summary of 2018 TCLQ Initial Study Implementation of the 2018 Proposed Project was determined not degrade the quality of the environment; substantially reduce the habitats of fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threatens to eliminate a plant or animals; or eliminate important examples of major periods of California history or prehistory with the incorporation of the identified mitigation measures. The Air Quality and Transportation/Traffic analyses presented in Section 3 and Section 16, respectively, of 2018 TCLQ Initial Study considered cumulative impacts and determined that cumulative air quality and traffic impacts would be less than significant. The 2018 Proposed Project would have less than significant Page 86 528 Do the New Impact Proposed Changes Circumstances New Information CEQA THRESHOLDS Conclusion in Involve New or Involving New Requiring New 2018 TCLQ Initial More or Analysis or Study Severe More Severe Verification? Impacts? Impacts? XXI. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a Less Than fish or wildlife species, cause a fish or wildlife Significant population to drop below self-sustaining levels, With No No No threaten to eliminate a plant or animal community, Mitigation substantially reduce the number or restrict the Incorporated range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? Less Than ("Cumulatively considerable" means that the Significant incremental effects of a project are considerable With No No No when viewed in connection with the effects of past Mitigation projects, the effects of other current projects, and Incorporated the effects of probable future projects)? Less Than c) Does the project have environmental effects Significant which will cause substantial adverse effects on human beings, either directly or indirectly? With No No No Mitigation Incorporated 4.21.1 Discussion Summary of 2018 TCLQ Initial Study Implementation of the 2018 Proposed Project was determined not degrade the quality of the environment; substantially reduce the habitats of fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threatens to eliminate a plant or animals; or eliminate important examples of major periods of California history or prehistory with the incorporation of the identified mitigation measures. The Air Quality and Transportation/Traffic analyses presented in Section 3 and Section 16, respectively, of 2018 TCLQ Initial Study considered cumulative impacts and determined that cumulative air quality and traffic impacts would be less than significant. The 2018 Proposed Project would have less than significant Page 86 528 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 impacts to all other resource areas discussed in the analysis section, above. No additional mitigation measures would be required to reduce cumulative impacts to less than significant levels. Previous sections of this Initial Study/Mitigated Negative Declaration reviewed the Project's potential impacts related to air quality, geology/soils, hazards/hazardous materials, noise, vibration, and other environmental issue areas that could impact human beings. Implementation would not displace or otherwise significantly impact existing residences. As concluded in these previous discussions, the 2018 Project would result in less than significant environmental impacts with implementation of project design features, conditions, and recommended mitigation measures. Therefore, with implementation of the specified mitigation, the project would cause less than significant adverse effects on human beings. 2023 Proposed Project Analysis The Project Site is in the same area as assessed in the 2018 TCLQ Initial Study. The 2023 Proposed Project is related to the hotel element of the 2018 Proposed Project and proposes the same number of rooms as identified in the 2018 TCLQ Initial Study assessment. And though the hotel size and FAR would increase, the impacts would be the same as identified in the 2018 TCLQ Initial Study because the primary environmental categories which would be applicable to the increased FAR include stormwater controls, noise, and aesthetics. This analysis identified that the 2023 Project would comply with the latest stormwater management controls; noise was determined to be the same as the 2018 TCLQ Initial Study because the number of rooms were the same; and the building would be designed using high quality materials and architectural treatments thereby reducing the potential aesthetic impacts. Overall, the 2023 Proposed Project would result in less than significant impacts on humans. All applicable mitigation measures identified in the 2018 TCLQ Initial Study apply to the 2023 Proposed Project and were determined adequate and feasible to reduce the 2023 Proposed Project impacts. 4.21.2 Conclusions The 2018 TCLQ Initial Study identified that all resource topics associated with the Project were analyzed in accordance with State CEQA Guidelines and found to pose no impact, less than significant impact, or less than significant impact with mitigation. The 2023 Proposed Project would not result in any impacts beyond those identified in the previously approved 2018 TCLQ Initial Study. The Proposed Project contains no substantial changes to the implementation of the TCLQ Specific Plan, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that 2018 TCLQ Initial Study was approved, that would require major revisions to the 2018 TCLQ Initial Study. Therefore, none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred with respect to any of the Environmental Subject Areas in the most current CEQA Guidelines. Page 87 529 Site Development Permit No. SDP2022-0007 lune 2023 The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 CEQA Guidelines Section 15164 sets out the conditions in which an adopted MND can be revised or amended: (a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project or elsewhere in the record. The explanation must be supported by substantial evidence. Based on this analysis, all the conditions of CEQA Guidelines Section 15164 have been met, and an Addendum to the 2018 TCLQ Initial Study is the appropriate document to approve the Proposed Project. Page 88 530 Christine Site Development Permit No. SDP2022-0007 Saunders The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 CZ) Associates lune 2023 Appendix A La Quinta Hampton Inn Air Quality, Global Climate Change, and Energy Impact Analysis Ganddini Group, Inc June 13, 2023 531 Christine Site Development Permit No. SDP2022-0007 Saunders The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 CZ) Associates lune 2023 Appendix B-1 Hydrology Study for La Qunita Hampton Inn Woodard Group April 2022 532 Christine Site Development Permit No. SDP2022-0007 Saunders The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 CZ) Associates lune 2023 Appendix B-2 Project Specific Water Quality Management Plan for Greens Group APN 600-340-060 Woodard Group April 2022 533 Christine Site Development Permit No. SDP2022-0007 Saunders The Centre at La Quinta Specific Plan 97-029 Amendment No. 6 - SP2022-0003 The Centre at La Quinta Specific Plan Initial Study Addendum No. 1 CZ) Associates lune 2023 Appendix C La Quinta Parking and Traffic Consistency Study (JN 0232-0023) Trames Solutions, Inc October 26, 2022 534 RESOLUTION NO. 2024 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT AND SITE DEVELOPMENT PERMIT FOR HAMPTON INN HOTEL LOCATED AT THE SOUTHWEST CORNER OF AUTO CENTRE DRIVE AND LA QUINTA DRIVE WITHIN THE CENTRE AT LA QUINTA SPECIFIC PLAN AREA CASE NUMBERS: SPECIFIC PLAN 2022-0003 (SP 1997-029, AMENDMENT 6) SITE DEVELOPMENT PERMIT 2022-0007 APPLICANT: VERDANT LAQUINTA LLC WHEREAS, the City Council of the City of La Quinta, California did, on January 16, 2024, hold a duly noticed Public Hearing to consider a request by Verdant LaQuinta LLC, for a 125 -room hotel project at the southwest corner of Auto Centre Drive and La Quinta Drive, more commonly described as: APN 600-340-060 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on January 5, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on December 12, 2023, hold a duly noticed Public Hearing to consider this request and recommended adoption of the Addendum to the Mitigated Negative Declaration for Environmental Assessment 2022-0011 and approval of the Specific Plan Amendment and Site Development Permit; and Specific Plan 2022-0003 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan Amendment, incorporated herewith as Exhibit A: 1. Consistency with General Plan The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that it will result in the development of a 125 -room hotel which is permitted in the General Commercial land use 535 Resolution No. 2024 -XXX Specific Plan 2022-0003 (SP 1997-029, Amendment 6) Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 2 of 5 designation. The proposed project is consistent with the following Goals and Policies: • Policy LU -2.2 which requires Specific Plans for projects proposing flexible development standards that differ from the Zoning Ordinance. This project proposes variations from several development standards therefore a Specific Plan Amendment is appropriate for the project. 2. Public Welfare Approval of the proposed Specific Plan Amendment will not create conditions materially detrimental to public health, safety, and general welfare. The La Quinta Design and Development Department has prepared an addendum to the Mitigated Negative Declaration for Centre at La Quinta Specific Plan Amendment No. 5, EA2017-0009, adopted by the La Quinta City Council on July 3, 2018, Resolution 2018-038, pursuant to Section 15164 of the California Environmental Quality Act (CEQA), in that no substantial changes to the project are proposed that result in new significant environmental effects. 3. Land Use Compatibility The proposed Specific Plan Amendment incorporates a land use that is compatible with zoning on adjacent properties. The property will continue to be zoned as Regional Commercial which is intended for major retail, professional office restaurants, and hotels. 4. Property Suitability The uses permitted in the Specific Plan are suitable and appropriate for the subject property in that the site is relatively flat, vacant, and the area can be served by all necessary public services and utilities. The proposed project is located adjacent to other major retailers that could provide synergy between the other commercial uses. Site Development Permit 2022-0007 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The proposed project is consistent with the following Goals and Policies: 536 Resolution No. 2024 -XXX Specific Plan 2022-0003 (SP 1997-029, Amendment 6) Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 3 of 5 • Goal LU -6 and ED -1 as the proposed hotel will contribute to a balanced and varied economic base which provides fiscal stability to the City and a broad range of services to the region. • Program CIR-1.12.a: which encourages land uses that provide jobs and housing near each other to allow the use of alternative modes of travel and produce shorter work commutes. The project will be developed near the existing residential Solterra apartment development directly south of it, providing an opportunity for jobs and housing near each other. • Program CIR-1.12.b which encourages mixed use and contiguous commercial development to provide optimum internal connections between uses. The development will provide and be conditioned to provide connections to commercial development on the north, east, and west. • Policy ED -1.5 which states projects proposed on commercial land shall be evaluated for theirjob creating and revenue generating potential. This project's scope and operations will create jobs and lead to annual sales tax and generate transient occupancy tax revenue for the City. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code and Centre at La Quinta Specific Plan, as applicable. The Site Development Permit has been conditioned to ensure compliance with the zoning standards and other supplemental standards as established in Title 9 of the La Quinta Municipal Code. The project is consistent with the non-residential development standards and permitted use table, except deviations that include requested increase in the floor area ratio and decreasing the parking minimum standard. These development standards and land use deviations may be approved with the Specific Plan Amendment. 3. Compliance with CEQA The Design and Development Department has prepared Environmental Assessment 2022-0011 for this project, in compliance with the requirements of the CEQA. The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been incorporated. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, 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. 537 Resolution No. 2024 -XXX Specific Plan 2022-0003 (SP 1997-029, Amendment 6) Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 4 of 5 5. Site Design The site design of the project including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture. 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 above project be determined by the City Council to be consistent with Environmental Assessment 2022-0011, which adopted an Addendum to the Mitigated Negative Declaration under Environmental Assessment 2017-0009. SECTION 3. That the City Council hereby does approve Specific Plan 2022-0003 and Site Development Permit 2022-0007 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval, incorporated herewith as Exhibits B and C, respectively. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of January 2024, by the following vote: 538 Resolution No. 2024 -XXX Specific Plan 2022-0003 (SP 1997-029, Amendment 6) Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 5 of 5 AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California 539 Resolution No. 2024 -XXX - Exhibit A Specific Plan 2022-0003 (SP 1997-029, Amendment 6) & Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Section 3: Development Regulations 3.1.2 Standards The development requirements for the Specific Plan can be found in Table 3.1: Development Standards - Regional Commercial and Table 3.2: Development Standards- Residential. Table 3.1: Development Standards - Regional Commercial Maximum development intensity 42,700 SF FAR .35 FAR .35 Minimum lot size 2.8 Acres - Maximum structure height* 50' 50' Maximum number of stories 4 4 Minimum public street setbacks 20' building/ 20' building/ Auto Centre Drive 10' landscape 10' landscape 20' building/ 20' building/ Auto Center Way South 10' landscape 10' landscape 20' building/ 20' building/ La Quinta 10' landscape 10' landscape Minimum setback adjacent to 50' building/ 50 * residential parcels 10' landscape Landscape 5% of total site 5% of total site *Setbacks shall be increased 0.5' for every foot above 35 feet in height SLF-Adams Street La Quinta, LLC Adopted July 3, 2018 The Centre at La Quinta Specific Plan Amendment No. 6 540 33 Resolution No. 2024 -XXX EXHIBIT B Conditions of Approval — Recommended Specific Plan 2022-0003 (SP 1997-029, Amendment 6) Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 1 of 1 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 Specific Plan. 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. Specific Plan 2022-0003 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP1997-029 The Centre at La Quinta, these conditions shall take precedence. 3. Specific Plan 2022-0003 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: Specific Plan Amendment 1997-029 The Centre at La Quinta Amendment 5 Environmental Assessment 2017-0009 and 2022-0011 Tentative Parcel Map 37359 Site Development Permit 2022-0007 4. 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. 541 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 1 of 16 GENERAL EXHIBIT C 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. Site Development Permit 2022-0007 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Tentative Parcel Map 37359 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Manager shall adjudicate the conflict by determining the precedence. 3. The Site Development Permit shall expire two years from the date of approval 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. 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 Development Services Division: Grading Permit and 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 542 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 2 of 16 improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Coverage under the State of California General Construction 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 Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. 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. 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. 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. 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. 543 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 3 of 16 E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post - construction BMPs as required. 7. 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). 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. 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 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 offer for dedication all public 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. 544 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 4 of 16 14. The public street right-of-way offers for dedication required for this project include: A. PUBLIC STREETS 1) Auto Centre Drive South — No additional right-of-way dedication is required. 2) La Quinta Drive — No additional right-of-way dedication is required. 3) Auto Centre Way — No additional right-of-way dedication is required. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 16. When the City Engineer determines that access rights to the proposed street rights-of-way shown on the approved Site Development Permit are necessary prior to approval of the improvements 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. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 18. 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. 19. Direct vehicular access to Auto Centre Dr South, La Quinta Drive, and Auto Centre Way is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 20. 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 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. 545 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 5 of 16 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 (street type noted in parentheses.) A. OFF-SITE STREETS 1) La Quinta Drive a. The applicant shall construct 6 -foot -wide sidewalk on the west side. Other required improvements in the right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. The applicant is responsible for the construction of all improvements mentioned above. The applicant shall extend improvements beyond the project 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). 24. 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: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c /5.5" c.a.b. or the approved equivalents of alternate materials per the City Engineer. 25. 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. 546 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 6 of 16 26. General access points and turning movements of traffic are limited to the following: Auto Centre Way South and Auto Centre Drive: Full turn movements in and out are allowed. 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. 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 qualified engineers. 29. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PARKING LOT and ACCESS POINTS 30. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking space and aisle widths and the double hairpin stripe parking space design shall conform to LQMC Chapter 9.150. 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 evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking space 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 spaces and 18 feet with a 2 -foot overhang for handicapped parking space or as approved by the City Engineer. One (1) van accessible parking space is required per eight (8) accessible parking spaces. F. Drive aisles between parking spaces shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. 547 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 7 of 16 Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 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. 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 Development Services 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. PM10 Plan 1" = 40' Horizontal B. Erosion Control Plan 1 " = 40' Horizontal C. WQMP (Plan submitted in Report Form) D. Precise Grading Plan 1" = 30' Horizontal NOTE: A through D to be submitted concurrently. (Separate Storm Drain Plans if applicable) 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 Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200 -feet beyond the project limits, or a distance sufficient to show any required design transitions. 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. 548 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 8 of 16 Precise Grading plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building pad and floor elevations, wall elevations, parking lot improvements and accessibility requirements. 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.laquintaca.gov). 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. 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 EOR 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 constructing any off-site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off-site improvements, or as approved by the City Engineer. 37. 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. 38. 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, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. 549 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 9 of 16 Improvements and obligations required of each subsequent phase shall either be completed, or secured, 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 Site Development Permit, 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 Site Development Permit. 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. 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 Site Development Permit, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 40. The applicant shall submit detailed construction cost estimates for all proposed on- site and off-site improvements, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. 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. Security will not be required for telephone, natural gas, or Cable television improvements. 550 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 10 of 16 GRADING 41. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 42. 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. 43. 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 an engineer 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. An Erosion Control Plan showing Best Management Practices 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 final WQMP prepared by an appropriate professional registered in the State of California. F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. 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. 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. 44. 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. 551 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 11 of 16 45. 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. 46. Building pad elevation on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the preliminary grading plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 47. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 48. 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 49. Stormwater handling shall conform with the approved hydrology and drainage report for the Hampton Inn Hotel project (SDP2022-0007), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 50. 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- 552 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 12 of 16 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 51. 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. 52. 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. 53. 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. 54. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 55. 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. 56. 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). 57. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 58. 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. 59. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 553 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 13 of 16 60. 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. 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 61. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 62. 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. 63. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 554 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 14 of 16 64. 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. Additionally, grease traps and the maintenance thereof shall be located so as to not conflict with access aisles/entrances. CONSTRUCTION 65. 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. LANDSCAPE AND IRRIGATION 66. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 67. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks 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. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 70. All water features shall be designed to minimize "splash" and use high efficiency pumps and lighting to the satisfaction of the Design and Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 555 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 15 of 16 71. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 72. The applicant shall submit the final landscape plans for review, processing, and approval to the Community Development Department, in accordance with the Final Landscape Plan application process. 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 justifies 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. 73. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 74. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 75. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 76. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 77. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 78. 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. 556 Resolution No. 2024 -XXX Conditions of Approval - Recommended Site Development Permit 2022-0007 Project: Hampton Inn Hotel Adopted: January 16, 2024 Page 16 of 16 PLANNING 79. The parking light poles along the south project border shall not exceed more than 12 feet in height. 80. The parapet architectural features shall have a minimum depth of 10 feet. 81. No building -mounted signage shall be placed on the south elevation. Signage on the porte-cochere (west or east facing) or ground -mounted signage is acceptable at the south side of the site. 557 ATTACHMENT 1 VICINITY MAP WESTWARD HOI DR, z HIGHWAY 111 � > m cn cn siAVE, 48 I N 558 ATTACHMENT 2 PROJECT INFORMATION CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2022-0011, SPECIFIC PLAN 2022-0003 (SP1997-029, AMENDMENT 6), AND SITE DEVELOPMENT PERMIT 2022-0007 REQUEST: ADOPT RESOLUTIONS TO APPROVE A SPECIFIC PLAN AMENDMENT 2022-0003, AND SITE DEVELOPMENT PERMIT 2022-0007 FOR A NEW 125 ROOM HAMPTON INN HOTEL AND ADOPT AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION (EA2017-0009) LOCATION: SOUTHWEST CORNER OF LA QUINTA DRIVE AND AUTO CENTRE DRIVE CEQA: THE DESIGN & DEVELOPMENT DEPARTMENT HAS PREPARED AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION (EA2017-0009) PURSUANT TO SECTION 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT NO SUBSTANTIAL CHANGES TO THE PROJECT ARE PROPOSED THAT RESULT IN NEW SIGNIFICANT ENVIRONMENTAL EFFECTS. THE PLANNING COMMISSION CONSIDERED THE PROJECT AND FOUND THE PROPOSED ADDENDUM CONSISTENT WITH THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION AND RECOMMENDED THE CITY COUNCIL APPROVE THE PROJECT. GENERALPLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: REGIONAL COMMERCIAL SURROUNDING ZONING/ LAND USES: NORTH: REGIONAL COMMERCIAL / CAR DEALERSHIPS TORRE NISSAN AND LA QUINTA CHEVROLET SOUTH: MEDIUM DENSITY RESIDENTIAL / SOLTERRA RENTAL COMMUNITY EAST: REGIONAL COMMERCIAL / WALMART SUPERCENTER WEST: REGIONAL COMMERCIAL / VACANT LAND 559 owner: Greens, Inc. 8815 Research Drive Irvine, CA 92618 Atman Kadakia 949 322-1760 atman.kadakia@greens.com landscape architect Sitescapes 3190 B-2 Airport Loop Drive Costa Mesa CA 92626 Rick Polhamus 949-644-9370 rpolhamus@sitescapes.net civil engineer: Woodard Group Andrew Woodard 951-907-5077 andrew@woodard.group architect: Robert F. Tuttle Architect, Inc. 33533 Pebble Brook Circle Temecula, CA 92592 Bob Tuttle 951 302-5444 robert.tuttle@rftarch.com Site Statistics Address La Quinta Dr and Auto Center Drive La Quinta CA APN Legal Description: General Plan Existing Proposed Zone Existing Proposed Specific Plan/Land Use Existing Proposed 630-034-049 General Commercial General Commercial Regional Commercial Regional Commercial Planning Area II/Vacant Planning Area II/Hotel First Floor building area: 24,548.33 sf site area: 122,075 sf Lot coverage 20% total building area: 73,645 sf F.A.R. .60 Type of Construction required provided Lot area, net acre 2.80 acres Lot width feet feet Lot depth feet feet Auto Centre Dr setback 20' + 4' = 24' building / 10' landscape third floor 36'-6" provided Auto Center Way setback 20' + 4' = 24' building / 10' landscape *min 5% of total site 24'-5" provided La Quinta setback 20' building / 10' landscape 315' provided Building height max 50 feet 43 feet *above 35 feet increase setbacks .5 feet per foot First Floor building area: 24,548.33 sf site area: 122,075 sf Lot coverage 20% total building area: 73,645 sf F.A.R. .60 Type of Construction VA Fully Sprinklered NFPA 13 Hampton Inn - 3 Story 126 spaces (includes 5 ADA) first floor 31 rooms second floor 47 rooms third floor 47 rooms Total 125 rooms parking required 1.1 /room = 137 spaces parking provided: 1/room 126 spaces (includes 5 ADA) EVCS 6 spaces EV Ready 31 spaces EV Capable 12 spaces Landscape 36,318.64 sf (29%) *min 5% of total site ATTACHMENT 3 Sheet List Sheet Number Sheet Name Rte...... ... A-3 I Floor Plan Level 2 A-4Floor Plan Level 3 A-5 Roof Plan A-6 I Exterior Elevations A-7 I Exterior Elevations VICINITY MAP NOT TO SCALE NORTH 3/16^=V-0° Greens Group La Quinta Hampton Inn January 8, 2024 Robert F. Tuttle Argftcts, Inc. 118/20242:20:50 PM 8815 Research Dr Irvine CA 92618 La Quinta Drive and Auto Center Drive La Quinta CA Index Sheet 922 A-0 Auto Cen `r prive PROPERTY LINE RESIDENTIAL 1"=20'_0" Greens Group 1/8/20242:20:54 PM 8815 Research Dr Irvine CA 92618 NORTH 1� Site La Quinta Hampton Inn January 8, 2024 La Quinta Drive and Auto Center Drive La Quinta CA Preliminary Site Plan �SF�Ck �Q) c� O c i Mr Robert F. Tuttle Argttcts, Inc. 922 A-1 f R 21 20 19 1817 16 15 14 �J 13 12 11 10 9 8 7 6 5 s Y o , 7 I I I I I I_ _- I ❑ I � I I I I I I '�. I -- J F 21 1 ---- amaa. bar �o ® rooa Pref L h— _ I I I R ' r I �� ernes cant I a / un x arae I �e� L - 0 �i�jy= ��® ®oo erer�ae. - - - ��`� ---- - - - - - - - - - - - - - - - - - - - - - — — - - �- - - s D ® ❑ personal nook u ee FlPYee eleve iP ® (D coe'ee rears — — — LLLLJJJJ linen arorape sM1ap empoyee IobbY m Saks I1 breekre — L�Ii mainknance boartlroom I IaaPary I I I storage ' I I I I' I o.k M1 leak I I • area manager — � L j L_ � i" Ilren oM1uk ice I J L J 77LIN A ACJ r /— /L i z III 310' V I I,TF T I I g.. K AA Y X W V 21 2019 18 117 16 15 1 �13� 12 1 10 9 8 7 6 5 DD j EE I I I I -! EV E� 0 1 P G 0 O �� EV a Capable Capable awaH � � / � �� , �� �� �� nRae �� �@9�� AW IN ��� EVCS EVCS EVCS CEVO� GRFad G3�a�p9 G3�a I I � I i I I I .I i I I I I I .I ---- 4---L/vel-1-- I a-2 va^ = 11-0^ NORTH Greens Group La Quinta Hampton Inn January 8, 2024 Robert F. Tuttle Architects, Inc. 1/8/20242:21:00PM 8815 Research Dr Irvine CA 92618 La Quinta Drive and Auto Center Drive La Quinta CA Floor Plan Level 1 922 562 A-2 r- T L Pp atorage — k -J u, k=j T I EE 11 F J, F �5 11 R L -J IL ,zR El'', ---------lot -- 74=� L"T MEE' =1M F L [:ZqII elav lobby EH ER H DI maintenance storage IV �1 � A F -1 - r 3 AR �7 LE �Ipqq q. �L J, L i L 11717T P==� 11 4-- --4 , (�17 16 15 14 13 12 11 10 DD EE 1/6°=V-0" Greens Group 1/8/2024 2:21:07 PM 8815 Research Dr Irvine CA 92618 a La Quinta Hampton Inn January 8, 2024 La Quinta Drive and Auto Center Drive La Quinta CA Floor Plan Level 2 W NORTH Robert F. Tuttle Architects, Inc. 922 563 A-3 1/8" = V-0" 1/8/2024 2:21:13 PM Q Greens Group 8815 Research Dr Irvine CA 92618 21 20 19 18 17 16 15 14 13 12 11 10 lyl �u) I I I I I I I I I I I I I I I I I - - -I-- ---- F I I I I I I I I I I I I I 21 20 19 18 17 16 15 14 13 12 11 10 � � �7 A-4 La Quinta Hampton Inn January 8, 2024 Robert F. Tuttle Architects, Inc. La Quinta Drive and Auto Center Drive La Quinta CA Floor Plan Level 3 922 564 A-4 DD EE NORTH Level 3 1/8' = T-0" La Quinta Hampton Inn January 8, 2024 Robert F. Tuttle Architects, Inc. La Quinta Drive and Auto Center Drive La Quinta CA Floor Plan Level 3 922 564 A-4 ill"FTSLOPE I f il2'17SLOPE 21 20 19 18 17 16 15 14 13 12 11 10 la/ ta/ ACCESS DD LIN SHAFT � I U I I I UNITS I I I I ELEVATOR I SHAFT I I I I I I a CHVAC NIE-ANALiQUIPMENT SCREEN WALL SCREEW� 0 �� O f O —— — — I I I I I I I y I I I I SERVICE WALKWAY SERVICE WALAV — — — — — DOA UNIT I 3 D I I o 0 Ell 0 JI� 0 03 o O boiler I I I I I I I I I n ❑ ❑ I I I I I I 7- K AA Y X W I I I I I I 21 20 19 I I I I 18 17 I I 16 I I 15 I I 14 I I 13 I I 12 I I 11 I I I I 10 I I I I I I STAIR TO ROOF ACCESS DD Roof 1/8.1 = V-01' Greens Group La Quinta Hampton Inn January 8, 2024 Robert F. Tuttle Architects, Inc. 1/8/2O242:21:18PIM 8815 Research Dr Irvine CA 92618 La Quinta Drive and Auto Center Drive La Quinta CA Roof Plan 922 8 565 A-5 AE ROOF EQUIPMENT HEIGHT 1/8°= V-01. Greens Group 1/8/2024 2:21:32 PM 8815 Research Dr Irvine CA 92618 MECHANICAL ROOF EQUIPMENT SCREEN WALL 1q South Elevation A-6 1/8" = 1'-0" STAIR TO ROOF ■—A 2m East Elevation A-6 1/8" = 1'-0" La Quinta Hampton Inn January 8, 2024 La Quinta Drive and Auto Center Drive La Quinta CA Exterior Elevations L 33' - 0" Level3 Level 2 Level 1 0'-0" Robert F. Tuttle Architects, Inc. 922 566 A-6 STAIR TO ROOF MECHANICAL ROOF EQUIPMENT SCREEN WALL c ROOF EQUIPMENT HEIGHT (8' -9.) -\AIN MEMEMEMEMEN 101101111 In NINE I �01MEE ME 1m North Elevation A-7 1/8" = 1W, Roof � West Elevation 1/8" = 1'-01• Leven n 1/8" = 1'-0" Greens Group La Quinta Hampton Inn January 8, 2024 Robert F. Tuttle Architects, Inc. 1/8/20242:21:41 PM 8815 Research Dr Irvine CA 92618 La Quinta Drive and Auto Center Drive La Quinta CA Exterior Elevations 922 567 A-7 R 116-1 7-- _F I I■ 1m North Elevation A-7 1/8" = 1W, Roof � West Elevation 1/8" = 1'-01• Leven n 1/8" = 1'-0" Greens Group La Quinta Hampton Inn January 8, 2024 Robert F. Tuttle Architects, Inc. 1/8/20242:21:41 PM 8815 Research Dr Irvine CA 92618 La Quinta Drive and Auto Center Drive La Quinta CA Exterior Elevations 922 567 A-7 FRONT PERSPECTIVE Greens Group La Quinta Hampton Inn January 8, 2024 Robert F. Tuttle Architects, Inc. v8/2o24221:41 PM 8815 Research Dr Irvine CA 92618 La Quinta Drive and Auto Center Drive La Quinta CA Renderings 922 568 A_8 i F r f r PFr- •AP iji L . 6- y lel R ;moi -V- _ - - �_ __ _� iii,.• =;�� '.- ��- .- y b. mph, - AIN ,i177 LP- LE J6. Alk f;l JW, 1 ; rlen • �� 8 �; ai I r r k ,'.�_y• � �_ _ 4 ALL .�; �, a - •, aw 6--49 � 4 _ J .�..+-few+. �",+i-•rte:. _ *:r �f}� . � �.. -sr �' � r'�_ � _ fie. �` • � : +` _ �yL,�,p. • � - Mk ATA i Ejrph 1�4al � _ � � � q �� — � — is iii- � � � � � r• � — - IL mi Wt y............. ,r - AF + 11 ih ,� k• 1r 1 � � _- � � E'�. p, �. i � � - - T + y yC 16 ;,quill kA pill 04 Ole, A PA _-• _ e: . 3/8" = 1 '-0" 10/16/2023 1:24:19 PM Greens Group 8815 Research Dr Irvine CA 92618 11 10 Double Queen 3/8" = 1'-0" La Quints Hampton Inn La Quints Drive and Auto Center Drive La Quints CA I,8 October 12, 2023 Guestrooms as 3/8" = 1'-0" Robert F. Tuttle Architects, Inc. 922 X/� CONSTRUCTION NOTES �D PROPOSED 6" CURB ONLY. 02 PROPOSED 6" CURB AND GUTTER PER CITY OF LA QUINTA STD. NO. 200. 03 PROPOSED DRIVEWAY APPROACH PER CITY OF LA QUINTA STD. NO. 225. ® PROPOSED ON-SITE A.C. PAVING �5 PROPOSED TRASH ENCLOSURE. © PROPOSED LANDSCAPE. O7 WQMP RETENTION BASIN. ® DECORATIVE ENTRY PAVEMENT PER ARCHITECT PLAN. 90 CONC. HARDSCAPE 10 PROPOSED 6" CURB AND GUTTER. 11 PROPOSED 3' WIDE CONCRETE RIBBON GUTTER. 12 PROPOSED SEWER LATERAL AND CLEAN OUT. 13 PROPOSED FIRE SERVICE. CONCEPTUAL GRADING PLAN OWNER GREENS GROUP, INC. =HAMPTONLA 8815 RESEARCH DRIVE QUINTA IRVINE, CA 92618 (949) 322-1760 CONTACT: ATMAN KADAKIA APNom ENGINEER WOOOCTOBER 2023 3585 MAI GROUP 3585 MAIN STREET, SUITE 205 RIVERSIDE, CA 92501 PH: (951) 907-5077 CONTACT: ANDREW C. WOODARD 6060 � 2` 0 14 PROPOSED DCDA BACKFLOW DEVICE. 15 PROPOSED PIV AND FDC. 16 PROPOSED FIRE WATER LINE (PRIVATE). 17 PROPOSED DOMESTIC SERVICE, METER AND BACKFLOW DEVICE. 18 PROPOSED IRRIGATION SERVICE, METER AND BACKFLOW DEVICE. 19 PROPOSED DOMESTIC WATER LINE (PRIVATE) DO PROPOSED 6" CURB W/ 1' WIDE CURB CUTOUT AT 10' ON CENTER PROPOSED COURTYARD HARDSCAPE AND POOL DECK, DRAIN TO 21 ADA COMPLIANT AREA INLET © PROPOSED STORM DRAIN. © PROPOSED UNDERGROUND CHAMBERS. ® PROPOSED PARKWAY DRAIN. 4 ARCHITECT ROBERT F. TUTTLE ARCHITECTS, INC. 33533 PEBBLE BROOK CIRCLE TEMECULA, CALIFORNIA. 92592 PH: (951) 302-5444 CONTACT: ROBERT F. TUTTLE LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. LOT 2, AS SHOWN ON MAP ENTITLED TRACT NO. 37359, AS PER MAP RECORDED JULY 21, 2021, IN BOOK 479 OF MAPS, PAGES 6 THROUGH 10, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOPOGRAPHY SOURCE EXISTING TOPOGRAPHY IS BASED ON AERIAL SURVEY PERFORMED ON DECEMBER 2020 BY, INLAND AERIAL SURVEYS, INC. 7117 ARLINGTON AVE., SUITE A RIVERSIDE, CA 92503 PH (951) 687-4252 / / � �'v / '\_7 �� C EIST R/ EXIST. FE C� \-EXIST�GN NO PIKING� A=2°01'5 R=100.00' L=3 .30' ST. VATER / IN VICINITY MAP SECTION 29, TOWNSHIP 5 SOUTH RANGE 7 EAST NOT TO SCALE ASSESSOR PARCEL NO BOOK PAGE PARCELS 600 340 060 ACREAGE APN: 600-340-060 ............................................... 2.80 ACRES GROSS................................................................... 2.80 ACRES DISTURBED AREA .................................................. 0.00 ACRES EXISTING ZONING: .................................. CR - REGIONAL COMMERCIAL EXISTING LAND USE: ................................................................ VACANT EXISTING GENERAL PLAN: ................................. GENERAL COMMERCIAL PROPOSED ZONING: ........................................................... NO CHANGE PROPOSED LAND USE: ................................................................ HOTEL PROPOSED GENERAL PLAN: ............................................... NO CHANGE UTILITY PROVIDERS WATER: ............................ COACHELLA VALLEY WATER DISTRICT SEWER: ............................ COACHELLA VALLEY WATER DISTRICT GAS: ....................................................... SOCAL GAS COMPANY TELEPHONE: .................................................................. VERIZON TELEVISION: ............. AIR WAVES / CHARTER COMMUNICATIONS LEGEND EXISTING PROPERTY LINE <I PROPOSED RIGHT OF WAY - - U � EXISTING CENTERLINE CD C-0 w z CD EXISTING SIDEWALK PROPOSED PARKING STRIPE O O Q - U n EXISTING FENCE — EXISTING BUILDING EXISTING CONCRETE O <I EXISTING CONTOUR ELEVATION ozU� EXISTING SPOT ELEVATION R/W RIGHT OF WAY O PROPERTY LINE zoo W PROP. PROPOSED S. F. SQUARE FEET Q � Q SIDEWALK W � TC TOP OF CURB FL FLOW LINE O FINISH GRADE EG N TG CONSTRUCTION NOTES �D PROPOSED 6" CURB ONLY. 02 PROPOSED 6" CURB AND GUTTER PER CITY OF LA QUINTA STD. NO. 200. 03 PROPOSED DRIVEWAY APPROACH PER CITY OF LA QUINTA STD. NO. 225. ® PROPOSED ON-SITE A.C. PAVING �5 PROPOSED TRASH ENCLOSURE. © PROPOSED LANDSCAPE. O7 WQMP RETENTION BASIN. ® DECORATIVE ENTRY PAVEMENT PER ARCHITECT PLAN. 90 CONC. HARDSCAPE 10 PROPOSED 6" CURB AND GUTTER. 11 PROPOSED 3' WIDE CONCRETE RIBBON GUTTER. 12 PROPOSED SEWER LATERAL AND CLEAN OUT. 13 PROPOSED FIRE SERVICE. CONCEPTUAL GRADING PLAN OWNER GREENS GROUP, INC. =HAMPTONLA 8815 RESEARCH DRIVE QUINTA IRVINE, CA 92618 (949) 322-1760 CONTACT: ATMAN KADAKIA APNom ENGINEER WOOOCTOBER 2023 3585 MAI GROUP 3585 MAIN STREET, SUITE 205 RIVERSIDE, CA 92501 PH: (951) 907-5077 CONTACT: ANDREW C. WOODARD 6060 � 2` 0 14 PROPOSED DCDA BACKFLOW DEVICE. 15 PROPOSED PIV AND FDC. 16 PROPOSED FIRE WATER LINE (PRIVATE). 17 PROPOSED DOMESTIC SERVICE, METER AND BACKFLOW DEVICE. 18 PROPOSED IRRIGATION SERVICE, METER AND BACKFLOW DEVICE. 19 PROPOSED DOMESTIC WATER LINE (PRIVATE) DO PROPOSED 6" CURB W/ 1' WIDE CURB CUTOUT AT 10' ON CENTER PROPOSED COURTYARD HARDSCAPE AND POOL DECK, DRAIN TO 21 ADA COMPLIANT AREA INLET © PROPOSED STORM DRAIN. © PROPOSED UNDERGROUND CHAMBERS. ® PROPOSED PARKWAY DRAIN. 4 ARCHITECT ROBERT F. TUTTLE ARCHITECTS, INC. 33533 PEBBLE BROOK CIRCLE TEMECULA, CALIFORNIA. 92592 PH: (951) 302-5444 CONTACT: ROBERT F. TUTTLE LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. LOT 2, AS SHOWN ON MAP ENTITLED TRACT NO. 37359, AS PER MAP RECORDED JULY 21, 2021, IN BOOK 479 OF MAPS, PAGES 6 THROUGH 10, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOPOGRAPHY SOURCE EXISTING TOPOGRAPHY IS BASED ON AERIAL SURVEY PERFORMED ON DECEMBER 2020 BY, INLAND AERIAL SURVEYS, INC. 7117 ARLINGTON AVE., SUITE A RIVERSIDE, CA 92503 PH (951) 687-4252 / / � �'v / '\_7 �� C EIST R/ EXIST. FE C� \-EXIST�GN NO PIKING� A=2°01'5 R=100.00' L=3 .30' ST. VATER / IN VICINITY MAP SECTION 29, TOWNSHIP 5 SOUTH RANGE 7 EAST NOT TO SCALE ASSESSOR PARCEL NO BOOK PAGE PARCELS 600 340 060 ACREAGE APN: 600-340-060 ............................................... 2.80 ACRES GROSS................................................................... 2.80 ACRES DISTURBED AREA .................................................. 0.00 ACRES EXISTING ZONING: .................................. CR - REGIONAL COMMERCIAL EXISTING LAND USE: ................................................................ VACANT EXISTING GENERAL PLAN: ................................. GENERAL COMMERCIAL PROPOSED ZONING: ........................................................... NO CHANGE PROPOSED LAND USE: ................................................................ HOTEL PROPOSED GENERAL PLAN: ............................................... NO CHANGE UTILITY PROVIDERS WATER: ............................ COACHELLA VALLEY WATER DISTRICT SEWER: ............................ COACHELLA VALLEY WATER DISTRICT GAS: ....................................................... SOCAL GAS COMPANY TELEPHONE: .................................................................. VERIZON TELEVISION: ............. AIR WAVES / CHARTER COMMUNICATIONS LEGEND EXISTING PROPERTY LINE PROPOSED RIGHT OF WAY - - EXISTING RIGHT OF WAY EXISTING CENTERLINE PROPOSED CURB EXISTING CURB PROPOSED SIDEWALK EXISTING SIDEWALK PROPOSED PARKING STRIPE EXISTING EASEMENT EXISTING CONTOUR MAJOR - EXISTING CONTOUR MINOR EXISTING FENCE — EXISTING BUILDING EXISTING CONCRETE EXISTING EDGE OF PAVEMENT —91" EXISTING CONTOUR ELEVATION x an EXISTING SPOT ELEVATION R/W RIGHT OF WAY P/L PROPERTY LINE EXIST. EXISTING PROP. PROPOSED S. F. SQUARE FEET D/W DRIVEWAY S/W SIDEWALK FS FINISH SURFACE TC TOP OF CURB FL FLOW LINE FG FINISH GRADE EG EXISTING GROUND TG TOP OF GRATE INV. INVERT C. F. CURB FACE 30' 15' 0 30' 60' GRAPHIC SCALE SCALE: 1" = 30' PROPOSED AC PAVEMENT PROPOSED LANDSCAPE PROPOSED BIORETENTION AREA PROPOSED DECORATIVE PAVEMENT PROPOSED CONCRETE C/L EXIST. E'LY 37' R/W VARIES 24'-24.8' 27' 10' 5:1 MAX SLOPE 6' 4' PROP. PROP. BENCH BENCH S/W L/S NG 2% 2% PROP. IMPROVEMENTS _ SECTION "A- A" PER TRACT NO. 37359 SCALE: 1"=10' DRIVE AISLE 2.5' 15' VARIES PER PLAN PER PROP L/S PLAN PROPOSED RETENTION—BASIN SECTION "D -D SCALE: 1"=10' EXIST. C/L R/W AUTO CENTER WAY S. SCALE: 1"=10' C/L EXIST. N'LY PROP. R/W HOTEL FF=70.80 10' 12' _ ----- 6 4 1' EXIST. EXIST. BENCH ///// S/W L/S 1' \/\/\/\/\/ BENCH '\/ 0N)0' /_' \/\/. i EXIST. CURB Sc GUTTER \ — — — — — —.� �//////// 15' EXIST. R/W C/L 30' ?.5, 4' 6' 20' EXIST. 2% MIN. SIDEWALK 50% MAX EXIST. CURB & GUTTER EXIST. SIDEWALK CVICT (1I IDD_ AUTO CENTER DR. SCALE: 1"=10' EXIST. R/W PROP. LANDSCAPE C/L 20' VARIES 12.8' —15.1' 30' 6' VARIES DRIVE AISLIEG / L/S PER _ 2% PLAN,/\� MAX \ SECTION "B -B" SCALE: 1"=10' PROP. WALL PER TRACT NO. 377359_ EXISTING FGJ PROPOSED FG, 30' EXIST. SIDEWALK EXIST. CURB & GUTTER d EXIST. P /L LA QUINTA DR. SCALE: 1 "=10' PROP. HOTEL 1' FF=70.80 NC—II— ----- EXIST. CURB — — —& GUTTER 10.5' 18' DRIVE AISLE PE N( ----- --— — — — — — — NG 2% MIN. 20% MAX PER PER EXISTI PLAN PLAN — PROPOSED F( EXIST. R/W 4' PROP. LANDSCAPE SECTION "E -E" SCALE: 1"=10' EXIST. N'LY R/W EXIST. SECTION "C- C" SCALE: 1"=10' DRIVE AISLE NG� pROp T � Rg (ry'OJT 'QOp 4.C p SECTION "F- F" SCALE: 1"=10' c R /o. sya�`o 6FAgo• c spq�/N0 �o N_S�ZF /CUTOU' N.T.S. CONSTRUCTION NOTES �1 PROPOSED 6" CURB ONLY. �2 PROPOSED 6" CURB AND GUTTER PER CITY OF LA QUINTA STD. NO. 200. �3 PROPOSED DRIVEWAY APPROACH PER CITY OF LA QUINTA STD. NO. 225. ® PROPOSED ON—SITE A.C. PAVING 05 PROPOSED TRASH ENCLOSURE. © PROPOSED LANDSCAPE. 07 WQMP RETENTION BASIN. ® DECORATIVE ENTRY PAVEMENT PER ARCHITECT PLAN. 90 CONC. HARDSCAPE 10 PROPOSED 6" CURB AND GUTTER. 11 PROPOSED 3' WIDE CONCRETE RIBBON GUTTER. 12 PROPOSED SEWER LATERAL AND CLEAN OUT. 13 PROPOSED FIRE SERVICE. 14 PROPOSED DCDA BACKFLOW DEVICE. 15 PROPOSED PIV AND FDC. 16 PROPOSED FIRE WATER LINE (PRIVATE). 17 PROPOSED DOMESTIC SERVICE, METER AND BACKFLOW DEVICE. 18 PROPOSED IRRIGATION SERVICE, METER AND BACKFLOW DEVICE. 19 PROPOSED DOMESTIC WATER LINE (PRIVATE) DO PROPOSED 6" CURB W/ 1' WIDE CURB CUTOUT AT 10' ON CENTER PROPOSED COURTYARD HARDSCAPE AND POOL DECK, DRAIN TO 21 ADA COMPLIANT AREA INLET © PROPOSED STORM DRAIN. © PROPOSED UNDERGROUND CHAMBERS. ® PROPOSED PARKWAY DRAIN. 0 m U2 E J Auto rEN b.". J CONSTRUCTION LEGEND O ENCLOSED PATIO AREA - 5' STUCCO UUALLS - SYNTHETIC TURF UJ/ TABLE 4 BENCH SEATING 2O PALM GROTTO - STRING LIGHTS ABOVE - COUCH 4 FIRE TABLES OSTEEL STRUCTURE - STRADDL TH PATIO AREAS OENCLOSED DOG PARK - SYNTHETIC TURF - DG EDGE UJ/ SEATING O FRACTURED ROCK FIELD - 4-8" ROCK OVER NATIVE 8O LANDSCAPE DESERTSCAPE - SMOKER SEATING (q \ WQMP RETENTION BASIN Greens Group, Inc. 9289 Research Drive, Irvine, CA 4 r• 4 IL . VAN La Quinta Hotel October 06, 2022 La Quinta Drive and Auto Center Drive La Quinta CA i S I T 1 S C& P E S od Landscape Architecture & Planning X1 3190—B2 Airport Loop Drive ,'j Costa Mesa, CA 92626 Richard Polhamus, License # 2782 (949) 644-9370 FAX (714) 210-3140 NORTH 0 20' 40' L1 LANDSCAPE CONCEPTUAL PLAN 577 TREE LEGEND SYMBOLS BOTANICAL NAME COMMON NAME SIZE TREES • Acacia smallii Sweet Acacia Acacia stenophylla Shoestring Acacia r Cercidium hybrid 'Desert Museum' Hybrid Palo Verde Lagerstroemia indica Crape Myrtle Fraxinus uhdei 'Majestic Beauty' Majestic Beauty Ash PALMS Chamaerops humilis Mediteranean Fan Palm 24"B 24"B 3 6"B 24"B NN 0.1 SHRUB LEGEND SHRUBS BOTANICAL NAME COMMON NAME Agave vilmoriniana Bougainvillea 'Oh La La' Caesalpinia pulcherrima Dalea greggii Dodonaea viscosa SIZE Octopus Agave 5G Oh La La Bougainvillea 5G Red Bird Of Paradise 15G Trailing Indigo Bush Hopseed Bush Fouquieria splendens Ocotillo Gardenia jasminoides 'Mystery' Mystery Gardenia Hesperaloe parviflora Phoenix dactylifera Date Palm 15'- 20' HT. Lantana x New Gold' Washington robusta Mexican Fan Palm 15'- 2Q' HT. Portulacaria afra —� Ruellia brittoniana 'Katie' ------------------------- Strelitzia reginae - 4AUto C - Apricot' Tecoma stans 'Sierra A _ p enter[)r a�l � � � -�->>. Thevetia peruvlana Greens Group, Inc. 9289 Research Drive, Irvine, CA sidential La Quinta Hotel La Quinta Drive and Auto Center Drive La Quinta CA October 66, 2022 5 I T E S C A P E S Landscape Architecture & Planning �11 3190-82 Airport Loop arias J Costa Mesa, CA 92626 .l Richard Poihannus, License # 2782 (949) 644-9370 FAX (714) 210-3140 Red Yucca New Gold Lantana Elephant Bush Katie Mexican Petunia Bird Of Paradise 5G 15G 15G 5G 5G IG 1G 1G 15G Sierra Apricot Esperanza 5G Yellow Oleander 5G &� NORTH O 20' 40' I I I I L2 PRELIMINARY LANDSCAPE PLAN 578 75 n 00 T_ N N 0 N N M z 1= (D 0 w x W Q z_ C'J J 2 IF THIS SHEET IS NOT 30"x42", IT IS A REDUCED PRINT GENERAL NOTES ISA JS & ASSOCIATES z CORONA CA 92879 ELECTRICAL SYMBOLS LEGEND ALL DRAWINGS AND WRITTEN U) ABBREVIATIONS 1. JS & ASSOCIATES SHALL IN NO WAY ASSUME RESPONSIBILITY FOR THE ELECTRICAL DESIGN 5. WHERE ITEMS SHOWN ON THESE DRAWINGS SUCH AS LIGHTS, RECEPTACLES, ETC. ARE TO o RECESSED FIXTURE - ROUND O FLUSH MOUNT J -BOX (D) DEMO OF THIS PROJECT. JSA LIGHTING DESIGN SHALL BE INCORPORATED AND VERIFIED BY ELECTRICAL ENGINEER OF RECORD FOR COMPLIANCE WITH ALL LEGAL, INDUSTRY, AND PENETRATE ANY BUILDING CEILINGS, WALLS, STRUCTURAL FRAMING, ETC., IT IS REQUIRED THAT AN APPROPRIATELY SIZED OPENING OR CLEARANCE BE FURNISHED. THE CONTRACTOR z 760.652.4010 x.2014 o> RECESSED WALL WASH FIXTURE - ROUND <os,> OCCUPANCY SENSOR (E) EXISTING Z RECESSED FIXTURE - SQUARE PP, PPZ POWER PACK (F) FUTURE PROJECT -SPECIFIC REQUIREMENTS & STANDARDS INCLUDING WITHOUT LIMITATION OF THE SHALL COORDINATE THE INSTALLATION OF ALL ITEMS WITH THE CONSTRUCTION FOLLOWING: DOCUMENTS PRIOR TO THE INSTALLATION OF ANY ELECTRICAL WORK. W Cn H x W W LTG -0.1 SHEET INDEX, NOTES, ABBREVIATIONS & SYMBOLS • LTG -1.0 EXTERIOR LIGHTING PLAN • LTG -1.1 RECESSED WALL WASH FIXTURE - SQUARE O POWER RELAY EXTERIOR LIGHTING ELEVATIONS (N) NEW 1.1. ALL APPLICABLE BUILDING CODES. 1.2. ALL APPLICABLE SPECIALTY CODES INCLUDING THE MOST CURRENT ISSUES & SUPPLEMENTS. 6. LIGHTING FIXTURES: 6.1. LIGHTING FIXTURES SPECIFIED IN THESE DRAWINGS SHALL NOT BE SUBSTITUTED WITHOUT THE EXPRESSED AUTHORIZATION OF AN APPROPRIATE OWNER Z_ O PENDANT FIXTURE PANELBOARD (R) RELOCATED Fo WALL MOUNTED FIXTURE DUPLEX RECEPTACLE AC ABOVE COUNTER, 4" ABOVE BACKSPLASH 1.3. THE PROJECT MANUAL AND ASSOCIATED SPECIFICATIONS. REPRESENTATIVE. 6.2. LIGHTING FIXTURES & CONTROLS SHALL BE DELIVERED TO THE SITE IN NEW CONDITION (D J 2x2 LAY IN FIXTURE (CEILING) 1/2 HOT DUPLEX RECEPTACLE AFF ABOVE FINISH FLOOR 2x4 LAY IN FIXTURE 1� GFCI RECEPTACLE AFG ABOVE FINISH GRADE 2. ALL MEASUREMENTS, HEIGHTS, BACKGROUNDS, FINISHES SHALL BE VERIFIED BY INTERIOR ONLY. DESIGNER AND ARCHITECT OF RECORD. 3. WHEN INTERPRETING THESE DRAWINGS, THE FOLLOWING GENERAL RULES APPLY: 6.3. ALL EXIT SIGNS & EMERGENCY LIGHTING SHALL COMPLY WITH UL 924 AND OPERATE FOR A MINIMUM OF 90 MINUTES IN EMERGENCY MODE. W 0 1x4 SURFACE -MOUNTED FIXTURE � QUADPLEX RECEPTACLE AL ALUMINUM Lu 3.1. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DRAWINGS. 6.4. ALL LIGHTING FIXTURES SHALL BE UL OR ETL LISTED AND HAVE APPROPRIATE LABORATORY TESTING. o o HATCHING INDICATES EMERGENCY FIXTURE Lu 1/2 HOT QUADPLEX RECEPTACLE BLG BELOW GRADE rn 3.2. SCALED DIMENSIONS SHOULD BE CONSIDERED ONLY APPROXIMATE. IT IS THE READER'S ###### RIBBON LIGHT AT COVE ABOVE COUNTER RECEPTACLE BOD BOTTOM OF DEVICE RESPONSIBILITY TO VERIFY & FIELD -MEASURE DIMENSIONS BEFORE PROCEEDING WITH ANY AFFECTED PROCUREMENT, FABRICATION OR CONSTRUCTION. LINEAR PENDANT FIXTURE 208V RECEPTACLE - VTAC/RANGE/OTHER C CONDUIT 10 LINEAR RECESSED FIXTURE t CAT6 TELEPHONE JACK COD CENTER OF DEVICE 3.3. SPECIFIC NOTES & DETAILS SHALL TAKE PRECEDENCE OVER GENERAL NOTES & TYPICAL Lu Q N O DETAILS. 3.4. WORK NOT PARTICULARLY SHOWN OR SPECIFIED SHALL BE THE SAME AS SIMILAR PARTS o N ELEVATOR PIT FIXTURE 4 CAT6 DATA JACK CU COPPER ELECTRIC BACKLIT MIRROR 17 COMBINATION TELEPHONE/DATA JACK EC ELECTRICAL CONTRACTOR THAT ARE SHOWN & SPECIFIED. SCALE: AS SHOWN SHEET TITLE: SHEET INDEX 3.5. PLANS ARE CONSIDERED DIAGRAMMATIC IN NATURE & INTENDED ONLY TO ABBREVIATIONS & SYMBOLS SHEET NO.: LTG -0. 1 579 DEMONSTRATE THE RELATIONSHIP AMONG COMPONENT PARTS, AND NOT TO DEPICT ELECTRIC BATHROOM EXHAUST FAN RG6U COAX FOR TV GC GENERAL CONTRACTOR 0—m POLE MOUNTED FIXTURE +44" MOUNTING HEIGHT ABOVE FINISHED FLOOR OR ABOVE FINISHED GRADE TO CENTER OF DEVICE. GEC GROUNDING ELECTRODE CONDUCTOR SPECIFIC LOCATIONS.INDICATES 3.6. WORK SHOWN AS "NIC" OR "NOT IN SCOPE" IS FOR REFERENCE ONLY. GES GROUNDING ELECTRODE SYSTEM 4. ELECTRONIC VERSIONS OF THESE PLANS ARE SUBJECT TO THE SAME PROVISION AS OTHER 0 LANDSCAPE UPLIGHT - SPOT, 12V <G> 'PROVOLT' ROOM CONTROLLER (OCC. SENSING & PHOTOCELL) GFCI GROUND FAULT CIRCUIT INTERRUPTER INSTRUMENTS OF SERVICE PREPARED BY OR ON THE BEHALF OF JS & ASSOCIATES, INCLUDING WITHOUT LIMITATION THEIR COMMON LAW, STATUTORY OR OTHER RESERVED RIGHTS, INCLUDING COPYRIGHTS. A RECIPIENT IS GRANTED AT MOST A TRANSFERABLE, NON-EXCLUSIVE LICENSE TO REUSE THE PLANS SOLELY FOR PROJECT PURPOSES; AND NO RECIPIENT IS AUTHORIZED TO USE OR TO ALLOW THE USE OF ALL OR ANY PORTION OF THESE PLANS FOR ANY OTHER PURPOSE. ANY OTHER USE FOR ANY OTHER PURPOSE COULD CONSTITUTE ACTIONABLE PLAGIARISM. ANY ELECTRONIC DOCUMENTS WILL BE PROVIDED IN THE RESPONSIBLE DESIGN PROFESSIONAL'S STANDARD FORMATS AND CONVENTIONS WITH NO GUARANTEE OF THE ABSENCE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR OF COMPATIBILITY WITH ANY RECIPIENT'S SOFTWARE OR HARDWARE SO THAT ANY USE WITH OR CONVERSION TO THE OTHER FORMS OR CONVENTIONS, OR THE USE WITH ANY PARTICULAR SOFTWARE OR HARDWARE, IS AT THE RECIPIENT'S SOLE RISK. ® CEILING MOUNTED, UPPER EXIT SIGN SHADED REGION INDICATES FACE �os WALL SWITCH os OCCUPANCY SENSOR 3 THREE WAY m MASTER (CAPTIVE CARD) d DIMMER TAM k TAMPER OR KEY OPERATED t TIMER p 4 -BUTTON STATION CONTROLLER a SMART 0-10V DIMMING X SENSOR b SINGLE -POLE, MOMENTAARYRY SWITCH e SLIDING LINE DIMMER GND GROUND MC MECHANICAL CONTRACTOR � WALL MOUNTED, UPPER EXIT SIGN SHADED REGION INDICATES FACE NL NIGHT LIGHT TYP TYPICAL �= WALL MOUNTED, LOWER EXIT SIGN SHADED REGION INDICATES FACE UG UNDERGROUND >z< EMERGENCY LIGHT FIXTURE UON UNLESS OTHERWISE NOTED UTW UNSHIELDED TWISTED PAIR ##/LTG-# INDICATES VIEW ## ON SHEET LTG-# ® KEYED NOTED WP WEATHERPROOF XFMR TRANSFORMER I SHEET INDEX I LIGHTING CONSULTANT ISA JS & ASSOCIATES z CORONA CA 92879 P: 951.340.2475 JSASSOCIATESINC.COM COPYRIGHT NOTICE: ALL DRAWINGS AND WRITTEN U) CONSTITUTE THE ORIGINAL UNPUBLISHED WORK OF JS & W SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT 0 OF JS & ASSOCIATES. OWNER: SETHI MANAGEMENT, INC. P.O. BOX 23597 ENCINITAS, CA 92023 z 760.652.4010 x.2014 PROJECT: �ffawt&u SHEET NO. SHEET TITLE _ Z J (D _0 W Cn H x W W LTG -0.1 SHEET INDEX, NOTES, ABBREVIATIONS & SYMBOLS • LTG -1.0 EXTERIOR LIGHTING PLAN • LTG -1.1 EXTERIOR PHOTOMETRICS • LTG -2.0 EXTERIOR LIGHTING ELEVATIONS • LIGHTING CONSULTANT ISA JS & ASSOCIATES 535 PRINCELAND COURT CORONA CA 92879 P: 951.340.2475 JSASSOCIATESINC.COM COPYRIGHT NOTICE: ALL DRAWINGS AND WRITTEN MATERIALS APPEARING HEREIN CONSTITUTE THE ORIGINAL UNPUBLISHED WORK OF JS & ASSOCIATES SERVICES AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE EXPRESS WRITTEN CONSENT OF JS & ASSOCIATES. OWNER: SETHI MANAGEMENT, INC. P.O. BOX 23597 ENCINITAS, CA 92023 GAURAV SETHI 760.652.4010 x.2014 PROJECT: �ffawt&u (fim) HAMPTON I N N LA QUINTA, CA Z (D Cn W 0 (D Z_ 2 (D J z O 0 W U) X Lu Lu rn N M O N Lu Q N O o N PRELIMINARY NOT FOR CONSTRUCTION DRAWN BY: I.V. CHECKED BY: S.G. SCALE: AS SHOWN SHEET TITLE: SHEET INDEX NOTES ABBREVIATIONS & SYMBOLS SHEET NO.: LTG -0. 1 579 IF THIS SHEET IS NOT 30"x42", IT IS A REDUCED PRINT 00 N N 0 N N M z I- 2 CD J O ry Lu X Lu Q z_ C'J J 2 LIGHTING CONSULTANT ISA JS & ASSOCIATES 535 PRINCELAND COURT CORONA CA 92879 P: 951.340.2475 JSASSOCIATESINC.COM COPYRIGHT NOTICE: ALL DRAWINGS AND WRITTEN MATERIALS APPEARING HEREIN CONSTITUTE THE ORIGINAL UNPUBLISHED WORK OF JS & ASSOCIATES SERVICES AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE EXPRESS WRITTEN CONSENT OF JS & ASSOCIATES. OWNER: SETHI MANAGEMENT, INC. P.O. BOX 23597 ENCINITAS, CA 92023 GAURAV SETHI 760.652.4010 x.2014 PROJECT: �ffawt&u (fim) HAMPTON I N N LA QUINTA, CA Z CD Cn W 0 CD Z_ 2 CD J z O 0 W U) X Lu w rn N M O N w Q N O o N PRELIMINARY NOT FOR CONSTRUCTION DRAWN BY: I.V. CHECKED BY: S.G. SCALE: AS SHOWN SHEET TITLE: EXTERIOR LIGHTING PLAN SHEET NO.: LTG -1.0 580 IF THIS SHEET IS NOT 30"x42", IT IS A REDUCED PRINT 75 00 N N 0 N N M z I- 2 CD J O ry Lu X Lu Q z_ C'J J 2 LIGHTING CONSULTANT ISA JS & ASSOCIATES 535 PRINCELAND COURT CORONA CA 92879 P: 951.340.2475 JSASSOCIATESINC.COM COPYRIGHT NOTICE: ALL DRAWINGS AND WRITTEN MATERIALS APPEARING HEREIN CONSTITUTE THE ORIGINAL UNPUBLISHED WORK OF JS & ASSOCIATES SERVICES AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE EXPRESS WRITTEN CONSENT OF JS & ASSOCIATES. OWNER: SETHI MANAGEMENT, INC. P.O. BOX 23597 ENCINITAS, CA 92023 GAURAV SETHI 760.652.4010 x.2014 PROJECT: �ffwwt&u (fim) HAMPTON I N N LA QUINTA, CA Z CD Cn W 0 CD Z_ 2 CD J z O 0 W U) X Lu w rn N M O N w Q N O o N PRELIMINARY NOT FOR CONSTRUCTION DRAWN BY: I.V. CHECKED BY: S.G. SCALE: AS SHOWN SHEET TITLE: EXTERIOR PHOTOMETRICS SHEET NO.: LTG -1.1 581 75 00 N N 0 N N M z I- 2 (D 0 w x Lu Q z_ C'J J 2 1 NORTH ELEVATION SCALE: 3/32" = 1'-0" L1 A WEST ELEVATION i'l\, 2 \� SCALE: 3/32" = 1'-0" 3 SOUTH ELEVATION. SCALE: 3/32" = 1'-0" 4 EAST ELEVATION SCALE: 3/32" = 1'-0" IF THIS SHEET IS NOT 30"x42", IT IS A REDUCED PRINT LIGHTING CONSULTANT ISA JS & ASSOCIATES 535 PRINCELAND COURT CORONA CA 92879 P: 951.340.2475 JSASSOCIATESINC.COM COPYRIGHT NOTICE: ALL DRAWINGS AND WRITTEN MATERIALS APPEARING HEREIN CONSTITUTE THE ORIGINAL UNPUBLISHED WORK OF JS & ASSOCIATES SERVICES AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE EXPRESS WRITTEN CONSENT OF JS & ASSOCIATES. OWNER: SETHI MANAGEMENT, INC. P.O. BOX 23597 ENCINITAS, CA 92023 GAURAV SETHI 760.652.4010 x.2014 PROJECT: �ffawt&u (fim) HAMPTON I N N LA QUINTA, CA z U) Lu 0 CD z J z O 0 W U) X Lu Lu rn N M O N w o N O PRELIMINARY NOT FOR CONSTRUCTION DRAWN BY: I.V. CHECKED BY: S.G. SCALE: AS SHOWN SHEET TITLE: EXTERIOR LIGHTING ELEVATIONS SHEET NO.: LTG -2.0 582 TRAMES SOLUTIONS INC October 26, 2022 Atman Kadakia Greens Group 9289 Research Dr. Irvine, CA 92618 /_1iETA :ITi14zIt! 4225 Oceanside Blvd., 354H Oceanside, CA 92056 (760) 291 - 1400 Subject: La Quinta Parking and Traffic Consistency Study (JN 0232-0023) Dear Mr. Kadakia: Trames Solutions Inc. is pleased to submit the following parking and Traffic Consistency study for the proposed La Quinta Hotel project. It is our understanding that the site is proposed to be developed with a 125 room hotel. The project site is located south of Auto Center Dr. and east of Auto Center Way in the City of La Quinta. INTRODUCTION The La Quinta Hampton Inn (Project) is a 3 story, 125 room hotel, located on a 2.80 - acre site, on the southwest corner of Auto Centre Drive and La Quinta Drive. This Project falls within "The Centre at La Quinta's Specific Plan" (SP 97-029), as amended by Amendment 5 (2017-0003). The proposed Project site is adjacent to a car dealership on the North, a vacant commercial lot to the west, the Walmart shopping center to the east and residential planned development to the south, which is consistent with the planned development identified within the specific plan. The Centre at La Quinta's Specific Plan Amendment 5, as adopted by the City of La Quinta on July 3, 2018, incorporated a 3 story, 125 room hotel, as a part of that specific plan amendment. Since hotel traffic is based upon the number of rooms, the proposed Project would be consistent with the previous traffic assumptions, regardless of the need to revise the Floor Area Ratio (FAR). The site plan for the project is included in Attachment A. As indicated on the site plan, a total of 125 parking spaces will be provided for the proposed hotel. The parking areas will be accessed by driveways on Auto Center Drive and Auto Center Way. Trames #0232-0023 583 Atman Kadakia Greens Group. October 26, 2022 Page 2 The purpose of this parking evaluation is to determine the appropriate number of parking spaces that should be provided for the site to adequately serve the proposed project. CITY OF LA QUINTA PARKING CODE REQUIREMENTS The following parking rate is based on the City of La Quinta Municipal Zoning Code for the uses associated with the proposed site: Hotel = 1.1 spaces per room (minimum) plus required parking for other uses on the site The proposed hotel would not have amenities that would require additional parking spaces. Therefore, according to the code requirements, the following number of parking spaces would be required for the proposed use: Hotel: 125 rooms x (1.1 spaces per room) = 138 spaces The project is proposing to provide 125 parking spaces. Based on the City's parking requirements, this would leave a shortfall of 13 spaces. PARKING EVALUATION The parking rates for hotels for other Cities in the Coachella Valley have been compared to the City of La Quinta's rate. The Cities of Palm Springs and Palm Desert parking rates are indicated below: Palm Springs — 1 parking space for the first 50 hotel rooms and 0.75 spaces for every additional room. Based on this criterion, a total of 107 (107 = 50 + 57) spaces would be required. Trames #0232-0023 584 Atman Kadakia Greens Group. October 26, 2022 Page 3 Palm Desert — 1 space per unit plus additional spaces for other on-site uses. This criterion would require a total of 125 spaces The Institute of Transportation Engineers (ITE) has published a manual that summarizes parking demand findings for a variety of land uses. The manual entitled Parking Generation (5th Edition, 2019) provides recommended parking rates for uses based on independent variables. For land use code 310 (Hotel), the manual indicates that the average parking rate is 0.74 and the 85th percentile parking rate is 0.99 parking spaces per room for suburban areas (See Attachment B). This rate accounts for hotels that include supporting facilities such as restaurants, lounges, meeting rooms, recreational facilities, and retail/service shops. Based on the 85th percentile ITE parking rate for a hotel, the proposed project would be required to provide 124 spaces (124 = 0.99 spaces per room x 125 rooms). Since the project is proposing to provide 125 spaces, there would be a surplus of 1 space based on the ITE rate. It should be noted that although the proposed project does include a restaurant, it does not include the other supporting facilities that were included in the ITE sample base. PARKING REDUCTION MEASURES Ridesharing Ridesharing allows patrons to be dropped off and picked up at the site without their own vehicle. Rather than renting a vehicle, it would be more convenient and cost effective to use a ride sharing application. Public Transit Public bus service in the study area is provided by SunLine Routes 1 and 7. SunLine has stops along Highway 111 and Adams Street. Trames #0232-0023 585 Atman Kadakia Greens Group. October 26, 2022 Page 4 CONCLUSIONS/RECOMMENDATIONS Parking Summary Based on the City's parking code, a total of 138 on-site parking spaces would be required for the proposed project. However, due to the studies performed by the Institute of Transportation Engineers and parking rates from other nearby cities, the parking demands for the 125 room hotel would range from 107 to 125 parking spaces. Furthermore, due to the convenience and cost savings of ride sharing, a further reduction in the parking demand can be assumed. Therefore, it is recommended that a minimum of 125 spaces be provided for the site. If you have any questions, please contact me directly at (949) 244-2436 Respectfully submitted, Trames Solutions Inc. Scott Sato, P.E. Vice President Attachment A — Site Plan Attachment B — ITE Parking Generation, 5t" Edition - Hotel Trames #0232-0023 586 ATTACHMENT A SITE PLAN Trames #0232-0023 587 19 1 Auto 1 If = 20'-0" 9/30/2022 4:27:17 PM ctni ter,orive OpERT NE - trash enclosure Dog Park o 7 smokers area 304' - 1027/32 N M 14 00 00 �L- �--� r Oversize Parking 8 0 22 60 ARION ® 1 1-----44 — — — — — — — — — — — — — — 9,-0-,-5,-0-,-9,-0-, L---- — O — — — — — — — — — — M L w� o U);, I Lo V) z 9 m Greens Group 8815 Research Dr Irvine CA 92618 ,K. -J. --- 9'-0" 8'-0" 9'-0" 9'-0'1-5'-0',-9'-0" -------- — — N— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — O — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - — — — — — — — — — — ' — — — — — — — N O — — co co PROPERTY LINE RESIDENTIAL 1E A-1 La Quints Hampton Inn La Quints Drive and Auto Center Drive La Quints CA IN NORTH Site 1 If = 20'-0" We August 31, 2022 Preliminary Site Plan roposea =� etention Are \%" / e sFre L �pS 10" cgpF S`cTe�ck 411, Ms 0Q Q� Robert F. Tuttle Architects, Inc. 922 A-1 588 C o� � o� om� z� _ M ' _CO); m c0 CMU with tile pool/patio wall Spa' P -,z_ J 24' - 5 1/2" Patio' Pool W 0 4 LANDSCAPE SETBACK 20'-0" BUILDING SE BAC t -, ' i - IX O P. 1 If = 20'-0" 9/30/2022 4:27:17 PM ctni ter,orive OpERT NE - trash enclosure Dog Park o 7 smokers area 304' - 1027/32 N M 14 00 00 �L- �--� r Oversize Parking 8 0 22 60 ARION ® 1 1-----44 — — — — — — — — — — — — — — 9,-0-,-5,-0-,-9,-0-, L---- — O — — — — — — — — — — M L w� o U);, I Lo V) z 9 m Greens Group 8815 Research Dr Irvine CA 92618 ,K. -J. --- 9'-0" 8'-0" 9'-0" 9'-0'1-5'-0',-9'-0" -------- — — N— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — O — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - — — — — — — — — — — ' — — — — — — — N O — — co co PROPERTY LINE RESIDENTIAL 1E A-1 La Quints Hampton Inn La Quints Drive and Auto Center Drive La Quints CA IN NORTH Site 1 If = 20'-0" We August 31, 2022 Preliminary Site Plan roposea =� etention Are \%" / e sFre L �pS 10" cgpF S`cTe�ck 411, Ms 0Q Q� Robert F. Tuttle Architects, Inc. 922 A-1 588 ATTACHMENT B ITE Parking Generation - Hotel Trames #0232-0023 589 Hotel (310) Peak Period Parking Demand vs: Rooms On a: Weekday (Monday - Friday) Setting/Location: General Urban/Suburban Peak Period of Parking Demand: 11:00 p.m. - 8:00 a.m. Number of Studies: 22 Avg. Num. of Rooms: 321 Peak Period Parking Demand per Room 33rd / 85th 95% Confidence Standard Deviation Average Rate Range of Rates Percentile Interval (Coeff. of Variation) 0.74 0.43-1.47 0.64 / 0.99 0.65-0.83 0.22 (30%) Data Plot and Equation 500 M -11 400 X x 100 x Xxx x 58 50 6 00 8 100 200 300 400 X = Number of Rooms X Study Site Fitted Curve Average Rate Fitted Curve Equation: Ln(P) = 0.90 Ln(X) + 0.26 R2= 0.72 Parking Generation Manual, 5th Edition a Institute of Transportation Engineers E2 500 590 (D U L >X 300 X a i X m a - X n 11 X a X 200 X X x 100 x Xxx x 58 50 6 00 8 100 200 300 400 X = Number of Rooms X Study Site Fitted Curve Average Rate Fitted Curve Equation: Ln(P) = 0.90 Ln(X) + 0.26 R2= 0.72 Parking Generation Manual, 5th Edition a Institute of Transportation Engineers E2 500 590 CALL TO ORDER REPORTS AND INFORMATIONAL ITEM NO. 26 FINANCIAL ADVISORY COMMISSION iPECIAL MEETIr'- MINUTES WEDNESDAY, NOVEMBER 8, 2023 A special meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 3:00 p.m. by Chair Dorsey. PRESENT: Commissioners Anderson, Batavick, Mast, Mills, and Chair Dorsey ABSENT: Commissioner Way VACANCY: One (1) PLEDGE OF ALLEGIANCE Commissioner Mills 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 MEETING MINUTES DATED OCTOBER 4, 2023 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED AUGUST 31, 2023 Motion - A motion was made and seconded by Commissioners Mills/Mast to approve the Consent Calendar as submitted. Motion passed: ayes - 5, noes - 0, abstain - 0, absent - 1 (Way), vacancy - 1. BUSINESS SESSION - None STUDY SESSION - None DEPARTMENTAL REPORTS - All reports are on file in the Finance Department. 1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES Staff provided an update on current and upcoming Finance Department projects and City events; explained the purpose for a land-based financing policy; said that an update for 591 FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 2 NOVEMBER 8, 2023 SPECIAL MEETING both the Highway 111 Corridor project current expenditures and damages incurred by Hurricane Hiliary in August 2023 and subsequent storm to the City will be added to a special Commission meeting in December; and that staff anticipates the completion of the City's Annual Comprehensive Financial Report for year ending June 30, 2023 on or before January 30, 2024. 2. SECOND QUARTER 2023 (APRIL -JUNE) SALES TAX UPDATE FOR THE CITY OF LA QUINTA The Commission and staff discussed fiscal year 2022/23 budget; changes in sales tax; and sales tax trends based on HDL Companies September 2023 California forecast found on attachment 2 of staff report. COMMISSIONERS' ITEMS — None ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Batavick/Mills to adjourn this meeting at 3:29 p.m. Motion passed: ayes — 5, noes — 0, abstain — 0, absent — 1 (Way), vacancy — 1. Respectfully submitted, Jessica Delgado, Administrative Technician/Commission Secretary City of La Quinta, California 592 FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 2 NOVEMBER 8, 2023 SPECIAL MEETING REPORTS AND INFORMATIONAL ITEM NO. 27 almsprings INTERNATIONAL AIRPORT AIRPORT COMMISSION MEETING AGENDA Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Wednesday, December 20, 2023 - 5:30 P.M. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location. To submit your public comment to the Airport Commission electronically. Material may be emailed to: Christina. Brown(a)palmspringsca.gov - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record. This is a hybrid in-person and virtual meeting. To virtually observe the meeting or to virtually provide public comments, please use the following Zoom link https://us02web.zoom.us/i/86019815290?pwd=ZitOZDIVeGZhNUNEQTVkU29nTUdPdzO9 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916 City of Palm Springs: Riverside County: Margaret Park City of Cathedral City: Tony Michaelis City of Palm Desert: Kevin Wiseman Aftab Dada - Chair David Feltman Kevin J. Corcoran Vice Chair J Craig Fong City of Indian Wells: Robert Berriman City of Coachella: Denise Delgado City of Rancho Mirage: Keith Young Vacant Tracy Martin Todd Burke M. Guillermo Suero City of La Quinta: Kathleen Hughes City of Desert Hot Springs: Jan Pye City of Indio: Rick Wise Daniel Caldwell Dave Banks Palm Springs City Staff Scott C. Stiles Harry Barrett Jr., A.A.E. Jeremy Keating City Manager Airport Executive Director Assistant Airport Director 1. CALL TO ORDER — PLEDGE OF ALLEGIANCE 2. POSTING OF AGENDA 3. ROLL CALL 4. ACCEPTANCE OF AGENDA 5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission 6. APPROVAL OF MINUTES: Minutes of the Airport Commission Regular Meeting of July 19, 2023 593 Airport Commission Meeting Agenda December 20, 2023 — Page 2 7. DISCUSSION AND ACTION ITEMS: 7.A Follow-up to Strategic Planning Session Update 7.113 Master Plan Update 7.0 Financial Summary Update 7.113 Marketing Update 7.E Concessions Update 7.F Projects and Airport Capital Improvement Program Update 8. EXECUTIVE DIRECTOR REPORT 9. COMMISSIONERS REQUESTS AND REPORTS 10. REPORT OF COUNCIL ACTIONS: 10.A Past City Council Actions 10.113 Future City Council Actions 11. RECEIVE AND FILE: 11.A Airline Activity Report November 2023 11.113 Airline Activity Report Fiscal Year Comparison 12. COMMITTEES: 12.A Future Committee Meetings 12.113 Updated Committee's Roster ADJOURNMENT: The Airport Commission will adjourn to a Regular Meeting on January 17, 2024, at 5:30 P.M. AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on December 14, 2023, in accordance with established policies and procedures. PUBLIC NOTICES Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City's website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to 594 determine if accommodation is feasible. Palm Springs Airport Commission Report — December 20, 2023 Meeting This meeting was the single most important meeting that I have participated in for the term have served. My report will concentrate on the two options of the master plan update and why the commission made the decision that we did. Either plan will have a significant impact on the future of the Palm Springs airport which is an essential driver of tourism to the valley and also a necessity for residents in the Coachella Valley. The December commission meeting was a lengthy evaluation of both concepts and will now be presented to the February City Council. Discussion and Action Items: Airport Master Plan: It has been narrowed down to two plans after having public meetings and gaining more public buy -in. - Alternative 1A is more conservative with renovating and adding wings on each side of the current airport terminal which is deemed a national historical building and the other plan, Alternative 3 is much more aggressive and will build an entire new airport on the south side. Alternative 1A - Significantly lower total and Phase 1 ROM costs and likely lower costs to be passed along to airlines. ADVANTAGES: •Maintains existing character of PSP by preserving major elements including the Wexler headhouse, the Bono concourse, the fountain, the Tahquitz Canyon Way connection, the outdoor courtyard, the mountain view corridors and the minimal walk distances. •Conveniently locates CONRAC immediately adjacent to the baggage claim. •Conveniently locates FIS near the existing baggage claim. •Eases construction phasing with multiple and entirely separate and modern concourses. •Estimated timeframe from end of Master Plan to ribbon cutting is 3.5 to 5 years. •Provides PSP opportunities for stopping points during construction of the four program phases in the event of an economic downtown or unforeseen demand reduction. DISADVANTAGES: Long term walking distance increases for south concours that would likely require moving walkways. Requires significant renovation of existing spaces including Wexler headhouse and Bono concourse and associated energy efficiently impacts. Operational challenges during construction include likely having to shuttle rental car passengers. Alternative 3 - A state of the art airport which would be more energy efficient but much more costly and depend on federal grants and possible loans to complete all four phases# ADVANTAGES: Creates brand new terminal and vehicle parking facilities. 595 New terminal systems would likely be more energy efficient and reduce annual operations and maintenance costs. Minimizes terminal phasing disruptions to existing operations during construction. Provides a larger landside area for the CONRAC. Maintains historic Wexler terminal and allows the community to determine a future non -terminal related use for this important facility. DISADVANTAGES: Significantly higher ROM costs, particularly in Phase 1 that would need to be passed along to the airlines. Phase 1 only results in a net gate of 2 gates from 18 currently to 20 total gates. Minimal landside vehicle parking space is available given the need to relocate Kirk Douglas Way. Currently, the Airport does not own much of the property between KDW & Ramon Road. Gating operations on the RJ concourse would likely be reduced to three parking positions during construction—placing gate demand in a larger deficit from what it currently is today Disrupts the connection of the terminal to downtown Palm Springs via Tahquitz Canyon Way. Requires a longer timeline from end of Master Plan to ribbon cutting. Once construction of Phase 1 begins, the Airport is essentially committed to the significant investment of the overall program. Operational challenges during construction include likely having to shuttle public parking passengers. OUTCOME OF COMMISSION VOTE: After tense conversation, the majority of the commission voted to support the 1A plan. The cost of phase one for 1A is $879,427,910 and the total of the four phases is $2,207,886,262. The cost of phase one for 3 is $2,226,513,141 and the total of the four phases is $2,786,979,408. If the economy downturns or we have another pandemic, the 1A plan can take pause between phases. Unfortunately, with plan 3, once you start there is no turning back. One must complete the four phases. To me, this was the deal -breaker. My second concern was the ability to gain underwriting and grants for billions of dollars. The airport may need to reach out to private industry for support and that always comes with a cost. The fact that the baggage claim system which is new can be utilized in the 1A plan. Plan 3 would require a completely new system which means that the millions spent one year ago is completely wasted. Lastly, as we all know, no construction ever goes as planned and there are always overruns in budget. There is also no guarantee that the airlines would support financially the cost accessed to them in plan 3. Regardless of what PSP may think – it is a small airport that is seasonal. Airlines always have options and an airport that can support service throughout the air will always be more desirable. The next Airport Commission Meeting will be January 17, 2024 at 5:30 pm. 596 Palm Springs Airport Master Plan Airport Commission Briefing December 20, 2023 aW--w_.4 almsprings INTERNAT] ❑NAL AIRPORT Agenda + Alt 1A and Alt 3 Phases and Cost Estimates + Updated Timeline + Terminal Project Benchmarking + Feedback and Questions from Airport Commissioners + Questions and Discussion palm S p r I ng S AIRPORT MASTER PLAN INTERNATIONAL AIRPORT 598 Mead aluntjmh,,- Alt lA and Alt 3 Phases and Cost Estimates Refined Alternatives 1A and 3 + Alternative lA— Renovate and Expand Signficant expansion of Wexler building with two new concourse located north and south + Alternative � • Replace : New terminal facilities to the south and eventually repurpose the Wexler building Lqw-• repalm S p r I ng S AIRPORT MASTER PLAN INTERNATIONAL AIRPORT 600 ------------- Phased Alternatives Summary r rnase z -------------------- „r rnase s _. -- . - ••— — - XA ---- fY ,. Phase 4 Planning Activity Level Requirements PAL 1 PAL 2 PAL 3 PAL 4 Gate Positions (Narrowbody) Public & Employee Parking Spaces 23 2,063 24 2,450 27 2,756 32 3,321 Alternative 1A Consideration Phase 1 Phase 2 Phase 3 Phase 4 Phase ROM Cost $900M $1.1B $100M $100M Running ROM Cost Tota! $900M $2B $2.1B $2.2B Gate Positions (Narrowbody) 25 24 29 34 RON Positions 5 8 8 8 Courtyard s.f. (secure side) 61,000 88,000 88,000 88,000 Surface Parking Spaces 2,778 3,194 3,194 3,194 Phase 2. ternative 3 Consideration Phase 1 Phase 2 Phase 3 Phase 4 Phase ROM Cost $2.2B $400M $100M $100M Running ROM Cost Total $2.2B $2.6B $2.7B $2.8B Gate Positions (Narrowbody) 20 24 28 32 RON Positions 3 11 S S 01 Courtyard s.f. (secure side) 26,000 26,000 26,000 26,000 Surface Parking Spaces 3,441 3,441 3,441 3,441 Cost Estimates by Phase .iltemative..Cost Estimate Alternative 1A TOTAL $2,207,886,262 1A - Phase 1 $879,427,910 1A - Phase 2 $1,145,490,054 1A - Phase 3 $93,188,731 1A - Phase 4 $89,779,568 Alternative 3 TOTAL $2,786,979,408 3 - Phase 1 $2,226,513,141 3 - Phase 2 $349,194,794 3 - Phase 3 $95,783,136 3 - Phase 4 $115,488,337 Source: Leyland Saylor :,Iw_ palm S p r I ng S AIRPORT MASTER PLAN INTERNATIONAL AIRPORT 602 MM Mead C�U-1 pd ateT 74-.& imniirin Estimated Schedule Phase 1 Renovate and Expand Q 0 NEPA 0 Program Definition 0 Design Q 1 0 Construction/Commission Phase 1 Replace 0 NEPA 0 Program Definition °J Q 0 Design 0 Construction/Commission LEGEND J1Best Case Timeline ■A Potential Timeline 2025 2026 2027 Start 12 months 24 months 2028 2029 2030 2031 36 months 48 months 60 months 72 months 604 Mead blunt I* Term inal Project Benchmarking Terminal Benchmarking MAirpo r.tm. 2022 Enplanements Number of Cost of Program Cost per Gate Gates M — MCI (Kansas City, MO) 4,796,476 39 $1,500,000,000 $39,000,000 BUR (Burbank, CA) 3,054,729 14 $1,240,100,000 $53,000,000 CMH (Columbus, OH) 3,618,555 35 $2,000,000,000 $58,000,000 MOB (Mobile, AL)** 262,048 5 $330,000,000 $66,000,000 MSY (New Orleans, LA) 5,931,899 35 $1,300,000,000 $38,000,000 DSM (Des Moines, IA)*** 1,368,130 6 $448,125,000 $75,000,000 Notes:*These cost estimates were obtained from public online sources. The programs of each of these projects vary in scope and located in different parts of the country ultimately affecting total program cost. They shall not be considered an exact comparison to PSP's proposed terminal program. **The program cost estimate for MOB reflects the cost of Phase 1 which includes a terminal processor and 5 gates. The ultimate buildout includes a concourse expansion of 12 gates. ***DSM's terminal program cost estimates is divided into three phases. The cost estimate depicted above includes only Phase 1A which includes a terminal processor, 6 -gate concourse, and landside development. • r ]a I I�lrl S p r I ng S AIRPORT MASTER PLAN INTERNATIONAL AIRPORT M. PSP Cost per Gate by Phase Alternativenr�� . Cost per . Phase......Irast ...... ... ti Gates" Gates" Phase 1*** 7 20 $346,016,000 $50,000,000 Phase 2 9 4 $1,145,491,000 $128,000,000 Phase 3 5 4 $93,189,000 $19,000,000 Phase 4 5 4 $89,780,000 $18,000,000 Total Constructed 26 32 $1,674,474,000 $64,403,000 Gates Notes: *The scope of each phase differs causing a wide range of costs per gate in each phase (i.e. some phases include apron, roadwork, baggage handling systems, etc. while others do not). **Number of gates constructed in that phase **Number of gates constructed in that phase ***Cost Estimate does not include CONRAC and contingencies along with the CONRAC ***Cost Estimate does not include CONRAC and contingencies along with the CONRAC W,Alternative 3 ost per Gate PhaseIL ...... .st .. . Gates" Phase 1*** 20 $1,705,102,000 $83,000,000 Phase 2 4 $349,195,000 $88,000,000 Phase 3 4 $95,784,000 $24,000,000 Phase 4 4 $115,489,000 $29,000,000 Total Constructed 32 $2,265,568,000 $70,799,000 Gates Notes: *The scope of each phase differs causing a wide range of costs per gate in each phase (i.e. some phases include apron, roadwork, baggage handling systems, etc. while others do not). **Number of gates constructed in that phase ***Cost Estimate does not include CONRAC and contingencies along with the CONRAC • ]a I I�lrl S p r I ng S AIRPORT MASTER PLAN INTERNATIONAL AIRPORT 607 Mead alunt� Feedback and Questions from Airport Commissioners Commissioner Feedback No pean for Rentae Cars dtiring Aet �A PA 1 eonstruetion PA 1 is fAster, courtyard more access1eee, mid- Ce"tury NNioeNess and great "Se Of $35M Baggage system Aet 3 sore, modern, more efficient, Bess impact during PA 1 'gructio" Gney exterior view presented, no indication Of cAeckpoi"t pea" or Bag ceaim Need Staff and 00"quetant recommendation on a preferred aeternative L CGNS = ,�� in either aet. CAaracterizing Wexeer in Aet 3 as maintained is wiedey inaccurate• TAere is no pea" for Wexeer in AN Pd II I I b p r I HY b AIRPORT MASTER PLAN INTERNATIONAL AIRPORT Wexeer was designed for a different era in air transpiration and renovating it saddeeS staff wi(A an inef f iCient faCuety not designed for its purpose• j'm concerned that Aet 3 requires comm+itm+ent to (Ae entire program and Significant investment in PA 1 witAout f eexi6ieity for unforeseen CirCl4M9(ance9. 3n Aet IA (Ae airport wiee Bost tAree gates in PAase 2 of CONStruC6014. .1• Commissioner Questions WAy do RON spaces 00 up to %% in option 3after PA2 Men drop to 8 in PA 3? Can tie proposed Does tie Commission Or 19094016e Want to commit to tie cka per cost aeternative? parging area reaeisticaeey ee purcAased? Do we want to keep tie PSP NnigN60e99 or become a modern airpOrt? flow Wiee project 6e Funded? DGes AN 3 AigAer cost make it more diFFicuet? ZW--' palm S p r I ng S AIRPORT MASTER PLAN INTERNATIONAL AIRPORT W AicA aeternative requires tie need to use "Oft -airport property? 3s Rentae Car sAutteing From parking to terminae in Aet 1 preFeraeee over pax sAutteing in Aet 3? 610 Mead Alun ;O W - Questions Discussion Mead blunt Backup Slides Alternative 1A — Phase 1 ,:. �.. 5 I Phase ROM Cost = $900M ,�. r // tom•• LOT Ap 1. Relocate Signature Aviation, USO, CBP • and rental car parking to accommodate LOT B r the new CONRAC. ~ 18; 2. New Central Utility Plant_ AUTO PARKING 3. New north concourse with international AREA arrivals capability. ' r 4. New apron for aircraft parking and is updated taxiway striping. Q: ,r S. Potential parking lot expansions toP C accommodate displaced parking from 1 the proposed GTC, accommodate project r t• parking demand growth, and provide E additional surface parking for rental cartiti ".. . vehicles during constructions of the 418,000 5F CONRAC. 1 6. 5 -level CONRAC facility with customer 204 service lobby located adjacent to bag claim. 7. GTC flanking central garden at entry. 8. Connector road for commercial access to the GTC. 9. Potential remain overnight (RON) aircraft parking. Aircraft Parking 23 (25 Narrow Body) Ar VFX 140 .. LOT 'k, 4 LEGEND: EXISTING SIGNAL PROPOSED SIGNAL AIRCRAFT AT GATE AIRCRAFT RON + AIRCRAFT MOVEMENT AREA _ r r EXISTING &UILEII NG TO REWIN f HEADHOUSE PARXING CENTRAL UTHJTY PLANT GRBUNp TRANSPGRTATLOrt CENTER •:'•� COLIRTYAROf GRpENSPACE CCWNAC C FUTURE PROPERTY IUON r _ _ EXISTING AIRPORT PRDPERTY AUTO PARKING LOT AREA SPACES' A 70,OGO5F NfA 9 80,000 SF N/A C 247,000 SF 760 D 56,000 SF 172 E 116,000 SF 356 F 418,000 5F 1286 G 66,000 SF 204 -wo .9 ea.Vmd L153FF& ork m e hie --W LEGEND: EXISTING SIGNAL PROPOSED SIGNAL AIRCRAFT AT GATE AIRCRAFT RON + AIRCRAFT MOVEMENT AREA _ r r EXISTING &UILEII NG TO REWIN f HEADHOUSE PARXING CENTRAL UTHJTY PLANT GRBUNp TRANSPGRTATLOrt CENTER •:'•� COLIRTYAROf GRpENSPACE CCWNAC C FUTURE PROPERTY IUON r _ _ EXISTING AIRPORT PRDPERTY Alternative 1A — Phase 2 Phase ROM Cost = $1.1B ($2B Total) A Aircraft Parking Count. 22 (24 marrow Body) LOT •� LOT b r � 1 �1 f 4 .• �. r / �' F 1 t f! OT LOT G ri Q ' t. ■ LOT E ■ . AUTO PARKING r ■ LOT AREA SPACES' ° A 70,10D) SF N/A e 80,0W 5F NIA G 337,000 5F 56,044 SF *' 0 181,000 SF f 123.044 SF G 342.004 SF _� • ���—� '9au�mi.xsm�lKn rl.l= tiF �q'�Mn�x:n:nNNas 1436 177 556 1. Temporary bag makeup (final location will 1052 :n'.klnii be under time new southern pier)_ A ! 2. Kirk Douglas Way relocation and reconfiguration. o`er 3. Adjustments to vehicle surface parking orf after roadway reconfiguration. 4. Ticketing and south pier expansion. Tie existing checked bag inspection system will remain in its current location, , 5. Demolition of the Regional let Concourse. ~ 6. New dual Group III taxiiane to be constructed on both sides of the pier. 7. New aircraft parking apron on both sides of the pier. 8. Up to 8 remain overnight (RON) aircraft parking positions, 9. Potential land acquisition for additional vehicle parking. Aircraft Parking Count. 22 (24 marrow Body) LOT •� LOT b r � 1 �1 f 4 .• �. r / �' F 1 t f! OT LOT G ri Q ' t. ■ LOT E ■ . AUTO PARKING r ■ LOT AREA SPACES' ° A 70,10D) SF N/A e 80,0W 5F NIA G 337,000 5F 56,044 SF *' 0 181,000 SF f 123.044 SF G 342.004 SF _� • ���—� '9au�mi.xsm�lKn rl.l= tiF �q'�Mn�x:n:nNNas 1436 177 556 378 1052 :n'.klnii L LEGEND: - EXISTING SIGNAL - r: aPROPOSED SIGNAL . AIRLRAFTAT GATE AIRCRAFT RON AIRLRAFr MOVEMENT AREA EMSTING 9111LDING TO REMAIN PARKING — CENTRAL UTILITY PLANT � 4'UNI:UUFi`ut — GROUN:P TRANSPORTATION CFNTTER GOVT IiYAPIJ 0 GREENSPACE CONRAC AA FUTURE PROPERTY AA1140, C y w ZI ExiSTING AIRPORT PROPERTY Alternative 1A — Phase 3 Phase ROM Cost = $100M ($2.1B --� -------------------------------- . —----------------------- *--� ++ I.2.� �f -- —_ -- LDT A LO ra _ l 1. South pier expands to the east. 2. New aircraft parking apron on both sides of the pier. Aircraft Parking Count. 27 (29 Narrow Body) LOT L T LOT E AUTO PARKING LC77 AREA SPACES' A 70,000sr N/A $ 80,0005F WA C 337,000 SF loss 6 56,0005F 172 E 151,000 SF 555 F 123,0005C 338 G 342,00 SF 3052 ' �:ro or �sxrew � d 9G5 SF uer nam � aea bwes c iwm�M OF 4 iLEGfND: EXISTING SIGNAL HOPOKD SIGNAL*0 I s AIRCRAFT AT GATE Al RCRAFT RON Al RCRAFT MOVEMENTAAEA , _ EXISTING SLIILR1NG TORFMAIN - HEADFLOUSE PARKING - CEN.TRAL LJT{LITv PLANT 4(JNCUuxsr - OROUNU TRXP5P¢RTA7}9N CENTFR - CGLIRTYAPM i GREENSPAC¢ CONPAC C FU7URE PROPERTY ACIED11,50N Com..] EXISTJNG AIRPORT PROPER Tv Alternative 1A — Phase 4 frr� 1. South pier expands to the east. 2. New aircraft parking apron surrounding the end of the pier. Aircraft Parking CoonV 32 (34 Narrow Body) ii LOT C LOT f j .. Phase ROM Cost z $100M ($2.28 Totol) 1E fI , F l OT F ' LOT G p4 5;� a LEGEND: EMISTING SIGNAL .>' , f, PROPOSED SIGNAL AIRCRAFT AT GATE AIRCRAFT RON AIRCRAFT MOVFME NT AREA — EXISTING RuILDI NG TO REkU,N — r+Ennr+vuse PARKING CENTRAL UTMTY PLANT UUNCOURbit _ GRDUNO TRANSPOWATtON. CENTER COURTYARD l GRFFNSPACF CONR/1C C. _ VUTURE PROPERIYACII C _ ] E%IST[NG AIRPORT PROPERTY ff mm" AUTO PARK L4T AREA SPACES' A 70,000SF N/A R 80.550 sr N/A c 337,000 5F 1036 0 56,000 5F 172 E 181,000 5F 556 F 123,000 SF 378 G 342,000 SF 1052 9rscJ �aew—ixi sr32.`" SF x�:e�iu arra In�uies wciirirl 5;� a LEGEND: EMISTING SIGNAL .>' , f, PROPOSED SIGNAL AIRCRAFT AT GATE AIRCRAFT RON AIRCRAFT MOVFME NT AREA — EXISTING RuILDI NG TO REkU,N — r+Ennr+vuse PARKING CENTRAL UTMTY PLANT UUNCOURbit _ GRDUNO TRANSPOWATtON. CENTER COURTYARD l GRFFNSPACF CONR/1C C. _ VUTURE PROPERIYACII C _ ] E%IST[NG AIRPORT PROPERTY ff mm" Alternative 1A "Northeast View" �palm springs INTERNATIONAL AIRPORT AIRPORT MASTER PLAN Source: Gensler 2023 617 Alternative 1A "Southwest View" aW-- rA' �:- Ara pa I m spri ngS AIRPORT MASTER PLAN INTERNATIONAL AIRPORT A jp Source: Gensler 2023 618 mmmmm Alternative 1A "Tahquitz View" p0w�Aw-- palm s p r I ng S AIRPORT MASTER PLAN gW INTERNATIONAL AIRPORT Source: Gensler 2023 619 mmmmm LOT C OT C hAk- 1. Kirk Douglas Way is relocated and reconfigured. 2, New Central Utility Plant. 3. New headhouse with arrivals and departures on one level. 4. New pavement for aircraft parking and apron taxilanes. S. Potential parking expansion are if Signature Flight Support is LOT D relocated. 6. 4 -level CONRAC. 7. GTC and vehicle parking. S. Temporary striping for dual Group III taxilane at west gates. 9. Potential land acquisition for additional surface parking. 10. Demolition of the Bono Concourse and Reginal Jet Concourse. 11. Potential for remain overnight (RON)Parking Z Aircraft Parking Count; 28 (20 Narrow Body) A 0 4 +I +++++ jqt- 44 � j__ :; �5k fes.4 .:k- 4%;,'.. LOT F AUTO PARKING MT AREA SPACES* A 397,10M 5F 1221 B 70,000 SIF 715 c 90,000 5F 246 D 56,0130 $IF 172 E 146,0005F 449 F 342,1040 Sr I052 G 59,000 5F MIA H 28,000 SIF 86 LEGEND: EXISTING SIGNAL FROPOSEU 5FGPJAL A + AIRWAFT AT GATT + AIRCRAFtRON AIRCRAFT M0VT.r0FNTAgrA EX 1571HG BUILD NG 70 REW A -N HEADHOUSE PAMN13 CENTRAL UTILITY PLANT GROUND TRANSPIDIRTArICIR CENTER rt COURTYARD + GREENSPkM CCLMRAC Ez D FUTURE PRcPERTY AcfiNom FXIS-nNG AIRPORT PROPERTY Alternative 3 — Phase 2 LOT A Phase ROM Cost z $400M ($2.68 Total) F.• !`illi lil 5 ++++++ 1� I r I �rvu } 1 � LL t~ r % LQT 9) LOT C % f T ! r� \` 4 ♦ LOT D F ; _ 1. Restoration of the original Wexler Terminal Building for future uses. 1p 2. New pavement and striping for triple Group III taxilane. fO� 3. New pavement for aircraft parking. co 4. Activate the 4 gate on the west side of the central piers ¢tip 5, Potential for remain overnight (PION) aircraft parking. �q� I. Aircraft Parking Count: 22 (24 Narrow Body) 1• is J =i' LEGEND: EXISTING SIGNAL PROPOSED SIGNAL WM C AIRCRAFT AT GATE AIRCRAFT RON AIRCRAFT n70VEMENT ARLA - EXISTING BVILNING TO REMAJN HFAPHOURP PARY1UG rFNTRAL uTturY PI -m rr +:�kJ�VVFwt QAC TRANSPORTATION CENTER COURTYARD F GR�ENBPACE CANRAG C r1jTLIRIr PF.31PERTY ACQWSITIOH C _ _ EXISTING AIRPORT PROPERTY 62 AUTO PARKING LOT AREA SPACES' A 397,000 SF 1221 8 70,000 SF 215 C 86,0W SF 245 D 56,006 SF 172 E 146,900 SF 449 r F 342,a08 ST 1052 ~ G 59.004 Sr N/A H 28,011Jv 5F 86 e■xd w, ■ssn++aen aF axs rs x.r.k� we■ {.Kydex drxuwbnl LEGEND: EXISTING SIGNAL PROPOSED SIGNAL WM C AIRCRAFT AT GATE AIRCRAFT RON AIRCRAFT n70VEMENT ARLA - EXISTING BVILNING TO REMAJN HFAPHOURP PARY1UG rFNTRAL uTturY PI -m rr +:�kJ�VVFwt QAC TRANSPORTATION CENTER COURTYARD F GR�ENBPACE CANRAG C r1jTLIRIr PF.31PERTY ACQWSITIOH C _ _ EXISTING AIRPORT PROPERTY 62 Alternative 3 — Phase 3 lr LOT A —I I I u [ I I II II I Ik II I Phase ROM Cost z $100M ($2.7B Totol) + + + + + + + + 1 �.'. + 1,4 7 O OT LOT B r h {' %k4.. f' ` I LOT € f I c` .r.✓ - � i _lam/ { � 4 _ .J� ZO _ ~� WTD ' 1. Central pier expands to the north. frtiy•.t 2. RON parking converts to gate parking. * +� Aircraft Parking Count: 26 (28 Narrow Body) ;-dL= mmL .5', 1 LEGEND: 7^l { �EXISTING SIGNAL " aPROPOSED SIGNAL :k IA + AIRCRAFT AT GATE AIRCRAFT RON AIRCRAFT MOVEMENT AREA r A EXN I INO BUILDING IO REA'.R;ti - HFADHQUSF PARKING CFNTpm Lrni rry PI.mrr L UNI:UUV t GROUND TRANSPORTATION CENTER I� COURTYARD JGREENSPACE ' CONRAC C a rUTURE PROPERTY ACAUISITION C _ _ LXISTING AIRPORT PROPERTY 622 AUTO PARKING LOT AREA SPACES* A 397,000SF 1221 a TG,OGO SF 215 C 80,000 9F 246 D 56,000 SF 172 E 146,000 SF 449 F 342,000 sr 1952 G 59,000 SF N/A H 28,000 SF{� iinsrr nr nss.,sriirn nr s15 ys �r�-k✓� weT {s,rtpr rir,-niuinnl 1 LEGEND: 7^l { �EXISTING SIGNAL " aPROPOSED SIGNAL :k IA + AIRCRAFT AT GATE AIRCRAFT RON AIRCRAFT MOVEMENT AREA r A EXN I INO BUILDING IO REA'.R;ti - HFADHQUSF PARKING CFNTpm Lrni rry PI.mrr L UNI:UUV t GROUND TRANSPORTATION CENTER I� COURTYARD JGREENSPACE ' CONRAC C a rUTURE PROPERTY ACAUISITION C _ _ LXISTING AIRPORT PROPERTY 622 J1 V or N ROT West pier expands to the north. New apron for aircraft parking C kircraft Parking Count: 30 (32 Narrow Body) ir-1111117 4A ++++++ 5k *A qA LEGEND: EMSTIN6 SIGNAL AV PROPOSED SIGNAL LOT AIRCRAFT AT GATE Z.. + AIRCRAFFRON ■ W, LOT F AIRCRAFT MOVEMENT AREA AUTO PARKING■ EXISTING BUILDING T9 REMAIN LOT AREA 5PACF5* A 397,000 $F 1221 PARKING CENTRAL UTILITY PLANT au'wu SF 246 UQN-IJK- 0 56,0905F 172 0R0IjNPTRANSPQFHAT1QH TENTER IF 449 COURTYARD e GREFUSPAGE F 342,000 5E 1052 59rU80 SF N/A CONRAC FUTURE PROPERTY ACOIJIS91ON H 28,080 SIF 86 EXISTING AIRPORT PROPERTY 62 Alternative 3 "Northeast View" 7 �palm springs INTERNATIONAL AIRPORT AIRPORT MASTER PLAN Source: Gensler 2023 624 / mmmmm Alternative 3 "Southeast View" W palm springs 111W INTERNATIONAL AIRPORT AIRPORT MASTER PLAN Source: Gensler 2023 625 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING JANUARY 16, 2024 CITY COUNCIL MEETING - JANUARY 16, 2024 - WRITTEN PUBLIC COMMENTS BY SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT - MATTERS NOT ON THE AGENDA - CLEAN AIR AWARD NOMINATIONS & WAIRE DEADLINES From: Francis Fernandez <ffernandez@agmd.gov> Sent: Tuesday, January 16, 2024 9:57 AM Subject: Written Public Comment Submission: South Coast AQMD Clean Air Awards + WAIRE Reporting Deadlines Attachments: WAIRE Reporting Notice_January2024.pdf, Clean Air Awards Nominations.pdf Follow Up Flag: Follow up Flag Status: Flagged Some people who received this message don't often get email from ffernandez@aqmd.gov. 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. Good morning, On behalf of the South Coast AQMD, I would like to submit the following 2 attachments as part of the written public comment portion of the next city council meeting. The first attachments highlights our open nomination period for South Coast AQMD's Clean Air Awards through January 19' to honor those across the region who have helped to improve the air we breathe. The 34th Annual Clean Air Awards will recognize achievements in the following categories: • S. Roy Wilson Award for Leadership in Government • Robert M. Zweig, M.D., Memorial Award • Dr. William A. Burke Award for Leadership in Environmental Justice • John J. and Ben J. Benoit Award for Innovative Clean Air Technology • Leadership in Air Quality • Youth Leadership in Air Quality The second attachment highlights our January 31" Deadline for owners and operators of warehouses located in South Coast AQMD's jurisdiction with greater than or equal to 100,000 square feet of indoor floor space to submit reporting info in accordance to Rule 2305 — Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program to reduce emissions of nitrogen oxides and diesel particulate matter from warehouses. Thank you, Francis Fernandez Sr. Public Affairs Specialist / Social Media Coordinator Legislative, Public Affairs and Media Department South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765 (909) 396-3265 1 ffernandez@agmd.gov @SouthCoastAQMD: Facebook I Twitter I Instagram `,j Please consider the environment before you print this email. 3rth 00 Annual Clean Air Awards Inspiring an Equitable Clean Air Future Nominations are Now Open Apply online! Applications accepted until January 19, 2024, 1 1:59 p.m., PST For over three decades, South Coast AQMD has honored those across the region who have helped to improve the air we breathe. The 34th Annual Clean Air Awards will recognize achievements in the following categories: S. Roy Wilson Award for Leadership in Government Robert M. Zweig, M.D., Memorial Award Dr. William A. Burke Award for Leadership in Environmental Justice John J. and Ben J. Benoit Award for Innovative Clean Air Technology Leadership in Air Quality Youth Leadership in Air Quality Submit at www.agmd.gov/clean-air-awards/nominations Save the Date I Friday, April 5, 2024 0 Event details coming soon! South Coast' AQMD r ■ h -7 @SouthCoastAQMD MUCH Rule 2305 -Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program Reporting Notice PURPOSE In May 2021, the South Coast Air Quality Management District (South Coast AQMD) Governing Board adopted Rule 2305 — Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program to reduce emissions of nitrogen oxides and diesel particulate matter from warehouses. APPLICABILITY: Rule 2305 applies to owners and operators of warehouses located in South Coast AQMD's jurisdiction with greater than or equal to 100,000 square feet of indoor floor space within a single building. Both warehouse facility owners and operators are subject to reporting requirements pursuant to Rule 2305. Warehouse facility owners were required to submit a Warehouse Operations Notification by September 1, 2021 and subsequently when certain conditions occur such as a change in tenant (please refer to Rule 2305 (d)(7)). Warehouse operators are required to submit an Initial Site Information Report (ISIR) and Annual WAIRE Report (AWR) based on the warehouse size of their operations according to the implementation schedule in the rule. REQUIREMENTS FOR WAREHOUSE OPERATORS - Rule 2305 specifies a phase-in schedule for warehouse operators. The 2023 calendar year is the first compliance period for Phase 2 warehouse operators, and the second compliance period for Phase 1 warehouse operators. The following report must be submitted by January 31, 2024, pursuant to Rule 2305: C Report Warehouse Size (square feet) Phase 1 Annual (?250,000) WAIRE & Report Phase 2 (AWR) (>_150,000 and <250,000) Due Date Information Required I . Number of truck trips during the compliance period (calendar year 2023) • WAIRE Menu actions and/or investments January 31, completed by operator to earn WAIRE 2024 Points • WAIRE Points earned must offset the operator's WAIRE Points Compliance Obligation (WPCO) Phase 1 warehouse operators were required to submit an ISIR by July 5, 2022 and their first AWR by March 2, 2023 for the 2022 compliance period. Phase 2 warehouse operators were required to submit an ISIR by July 5, 2023. If these reports have not yet been submitted, they are PAST DUE and complete reports should be submitted as soon as possible. WHO IS A WAREHOUSE OPERATOR? Rule 2305 defines a warehouse operator as the entity who conducts day-to-day operations at a warehouse, either with its employees or through contracting out services for all or part of the warehouse operations. A warehouse operator can also be the warehouse owner. HOW DO I SUBMIT REPORTS? Reports shall be submitted through the WAIRE Program Online Portal (WAIRE POP): https://xappp.agmd.gov/isr For more information or compliance assistance, please visi www.agmd.gov/waire call our hotline at 909-396-3140, or email us atwaire-program(a)-agmd.gov January 2024 CITY COUNCIL MEETING - JANUARY 16, 2024 - WRITTEN PUBLIC COMMENTS BY RESIDENT CINDY KRAMER PRESENTATION ITEM NO. 3 - CHUCKWALLA NATIONAL MONUMENT SUPPORT From: Cynthia Kramer <wjaakramer@gmail.com> Sent: Monday, January 15, 2024 5:25 PM To: City Clerk Mail Cc: Jennifer Nelson Subject: Written comments -The Chuckwalla National Monument [Some people who received this message don't often get email from wjaakramer@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] ** 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. ** Monday Jan. 15, 2024 To The City Clerk of La Quinta, My name is Cindy kramer and I am a resident of La Quinta. I grew up on the east coast. My husband and I fell in love with this enchanting Cochella Valley years ago and bought our home here. We enjoy the breathtaking nature and healthy lifestyle. I want to share my support and ask for your support for efforts to preserve public lands and our local natural desert landscapes in eastern Riverside and Imperial counties. I deeply support the proposed designation of the Chuckwalla National Monument and expansion of the Joshua Tree National Park. Designation as a national monument will be protecting these incredible wild lands, indigenous homelands, protecting the vast desert ecosystem, protecting the wildlife habitat and their movement corridors for many species like the Chuckwalla lizards, big horn sheep and desert tortoise. This is important to me, many of the local residents & visitors that enjoy our breathtaking natural environment. We need to ensure to preserve the land for our next generations to enjoy as well. I ask you and the La Quinta City Council to promote this proposal with a resolution of support. Thankyou for your consideration and your leadership. Wishing you the best, Cindy kramer 53030 Del Gato Dr. La Quinta, Ca. 92253 CITY COUNCIL MEETING - JANUARY 16, 2024 - WRITTEN PUBLIC COMMENTS BY RESIDENT KAY WOLFF PRESENTATION ITEM NO. 3 - CHUCKWALLA NATIONAL MONUMENT SUPPORT From: Kay Wolff <KayWolff@msn.com> Sent: Sunday, January 14, 2024 4:49 PM To: City Clerk Mail Cc: Jennifer Nelson Subject: PROPOSED CHUCKWALLA NATIONAL MONUMENT 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. I am writing to support the Chuckwalla National Monument that is proposed for designation in the near future. We in La Quinta know the value of having a national monument on our doorstep. The Santa Rosa and San Jacinto National Monument has greatly enhanced the "brand" of the City. Both residents and tourists enjoy the hiking trails, the vistas and the assurance that these miles of mountains are truly preserved for coming generations of residents and tourists. It's a magnet for hikers, bikers, photographers and painters. I live a stone's throw from the Santa Rosa National Monument. Over the years my friends and family have enjoyed hiking up the mountain side and using the Bear Creek Trail. Now, most of us just sit and admire the dramatic views, sunrises and sunsets and the absence of hillside development. It's a treasure. A Chuckwalla National Monument would broaden the attraction that the Coachella Valley has for nature lovers and boost the economies of other nearby communities. The proposal is a balance of preservation and thoughtful use of the terrain: allowing limited hiking and off-road activities for a wide range of outdoors people. The national monument designation will not only protect the natural spaces encompassed in the boundaries, but also the natural habitat of many desert creatures. Please give your support to this project by creating a Resolution that expresses the wishes of the residents and the City government. Your quick action would remind our lawmakers that we are following this project and urge them to make a final decision. Kay Wolff 77227 Calle Ensenada 760-564-4070 I CITY COUNCIL MEETING - JANAURY 16, 2024 - WRITTEN PUBLIC COMMENTS BY RESIDENT SAM DICKINSON PUBLIC HEARING ITEM NO. 1 - FLAGPOLE REGULATIONS From: Sam and Sharon Dickinson <1samdickinson@gmail.com> Sent: Saturday, January 13, 2024 5:55 PM To: City Clerk Mail Subject: Written comments EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. HOA's and flag poles Sam Dickinson 58218 Aracena La quinta Ca. First I would like to thank the Mayor and the entire council for unanimously approving the changes to flag pole location to 5' and 5'. Hopefully that will get more Flags Flying in La Qunita. Council Member McGarrey I loved your comments at the Nov 7th council meeting, you said "You fly that flag where you want to fly that flag" and you also said, "This is America let them fly their flags". I also would like to thank you for your many family members who have served in the the United States armed forces, especially your husband in the Air Force. Afterwards I felt bad I did not mention my Dad Sherman Dickinson and his brother Larry Dickinson, my uncles Robert loffer and Charles Warner all served during WWII My Aunt's Lee Loffer and Elizabeth Warner served in the red cross during WWII. My uncle Jerry Rutledge not only served in WWII but also Korea and Vietnam, all oversea. He retired from the Air Force as a Chief Master Sargent after 31 years of service to our country. My brother Storm Dickinson was wounded while serving in Vietnam. Council Member Sanchez I would like to thank you for your service in the US Marine Corps. I also liked your comment during the Nov. 7th meeting when talking about the flag pole ordinance you said, " agree HOA's are better suited to govern themselves", thank you for that comment. Mayor Pro Tem Pena I would again like to thank you and our city manager Jon McMillen for taking the time to come out to Andalusia and see things for yourself. During the Nov 7th council meeting you commented that you did not have a problem with the three poles location, and that they were all professionally installed and to let the HOA's deal with the home owners. Thank you for your insight. Council Member Fitzpatrick As you known HOA's have all kind of rules and regulations. Unlike your HOA in mine you can plant a palm tree right next to your neighbors property, but the trunk must be at least 9ft.. The palm leaves will hang 6ft. over your neighbors property 24-7. So if a flag and pole are located close to your neighbors property it may occasionally fly over theirs. Every HOA has different rules and regulations. Mayor Evans I loved your statement on Nov. 7th, you said " I Love the flag too and I wish we could see more of them". As you found out that night only 3 flag pole permits have been issued. You also noted there are probably many more out there that did not apply for a permit. I talked to one of those 3 permitted homeowners he said that it cost him about $6,000 to buy and install a 20ft. pole in his yard. He had to pay $1,200 just to get an engineering report. A 30ft. palm tree that weighs at least twenty times more doesn't need an engineering report to plant it. If you want to see more Flags Flying in La Quinta and have them permitted you need make it easier and less expense to do so. There are professional companies that flags and poles are their only business, like Jon's Flags and Poles in Riverside. We used them and our cost was under $2,000 for a 15 ft. pole, flag and a professional installation. I would like to thank you for your time and all your help going forward on this matter. Happy New Year. Sam Dickinson USAF Retired CITY COUNCIL MEETING - JANAURY 16, 2024 - WRITTEN PUBLIC COMMENTS BY RESIDENT STEVE GROCOTT PUBLIC HEARING ITEM NO. 1 - FLAGPOLE REGULATIONS From: Steve Grocott <SteveG@HeatandControl.com> Sent: Tuesday, January 16, 2024 10:27 AM To: City Clerk Mail Cc: Jon McMillen; Danny Castro Subject: FW: Flagpole letter to City Council for review WRITTEN COMMENTS from Steve Grocott , La Qu i nta Attachments: Council Letter.pdf Some people who received this message don't often get email from steveg@heatandcontrol.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. Resending with corrected subject line From: Steve Grocott Sent: Tuesday, January 16, 2024 10:23 AM To: CityClerkMail@LaQuintaCA.gov Cc: Jon McMillen <jmcmillen@laquintaca.gov>; Danny Castro <dcastro@laquintaca.gov> Subject: Flagpole letter to City Council for review Please distribute Thank you 1 1/13/24 Flagpoles Steve Grocott La Quinta Letter to the La Quinta City Council, Jon McMillan, and Danny Castro I understand the City Council is moving forward to let HOA's be free of any city setback limitations and make their own decisions for flagpole placements. A little history here on this issue and what happened to me and my wife that could happen to anyone when there are no "checks or balances" to poorly run HOA's and poorly run city compliance departments. My dispute and noncompliance of a flagpole location started over 9 months ago when my HOA in Andalusia made the mistake of allowing a 15 foot lighted flagpole location 18 inches from my property line which allowed a 5 foot flag to fly over our property line and in view of our bedroom, living room, looming over our patio and lowering our property value. The current boilerplate HOA CCR rules and regulations are over 20 years old, vague and do not have any specific limits for setbacks or standards to a neighbor's adjacent property. Progressive HOA's in the La Quinta area have limited and controlled conflicts with flags and flagpoles by requiring them to be closer to the house or on the house itself. Our HOA also did not know of the city's compliance codes requiring permits and the "then" 10X10 setback limits. This mistake by the HOA started this whole dispute within the Andalusia community. The city was informed and from here a compliance inspector was sent out, Officer Woods, and he noted that he could not believe the HOA would allow this location. At this point enforcement letters were sent for City compliance enforcement of the current setback codes to the neighbors involved with the out of compliance flagpoles. Then magically something happened. The city proposed amending the current 10 X 10 code to 10 X 5 setbacks and all enforcement stopped. This 10 X 10 setback code had been on the books for some 4 years and all of a sudden somebody in the city compliance department decided it needed to be changed?? Most probably somebody got to an ear in the city that these setbacks would put these pole locations in the pool area. But wait, this would be good solution because the flagpoles would be on the other side of the pool, closer to the house and not have this great impact on the adjacent neighbors and still be able to have a flag and flagpole. This logical step was not taken and the next step was a 10 X 5 amendment that went to the city planning commission and they asked the same questions I had, "Why is this current compliance regulation (10X10) being changed that has been in place for 4 years"? Nobody had a good answer other than it created more "flexibility" and nobody knew who was pushing this amendment. The planning commission rejected changing the current setbacks and provided that recommendation to the city council. When the city council met on this change the 10X5 magically changed again to 5X5 setbacks (this is in the city records). I guess someone did not measure correctly from the pole to the pool. And still nobody knew why this was being changed and who was driving the amendment. After a "patriot" meeting the City Council adopted the new setbacks for the 3 flagpole houses to 5X5 which puts a 5 foot flag right on a neighbor's property line and a 6 foot flag would be flying over a property line. So at this point the city has enforced nothing after 9 months and has changed the codes and are now looking at giving the same HOA the decision making authority to make the same mistakes. THIS MAKES NO COMMON SENSE. I feel we have been unfairly treated by the city with the changes to the codes in mid- stream of compliance enforcement. The community is also not getting a fair shake from the city because with only 3 flagpoles out of 250 homes in Andalusia it is fairly obvious that the majority of residents do not want flag poles not to mention that the 3 that were put up were disputed. The city is making these decisions to the minority and not to the sediment of the majority of people that want to see the natural beauty of La Quinta without 15 foot flagpoles up in front of property lines that affect others. I know the mayor stated she wanted to see more flagpoles in La Quinta?? It is one thing to see these lighted flagpoles from afar, 300 yards away but when they are 30 feet away from your bedroom and living room windows and looming above your patio I think you would take a different perspective. Do any of the council members have a 15 foot flagpole?? I don't think so and you may wonder to yourselves why not? Jon McMillan and John Pena said they came out to Andalusia and took a look at the flag pole locations?? Don't know what far away fairway they looked down, but they did not come to our house and stood in our patio to see our perspective. I sent letters to the city manager Jon McMillan in October inviting him to come by with no response other than they are looking at changing the compliance setbacks in which the city conveniently did for the out of compliance residents who had the flag poles. I value our country, the flag and have family members that have served in past wars and have been wounded in these wars and friends who have died in Vietnam. I very much value their service but my patriotism lies in my heart, and I do not need to project this patriotism in the form of a 15' flagpole especially when it impacts others. Who does that? As most residents do, I came to La Quinta for the natural beauty of the desert, the mountains, and the sunsets. I guess it may be time to look to find another "Gem in the Desert" somewhere that prioritizes that belief. Take care and enjoy your council meeting. Regards Steve Grocott and Carol Shaw POWER POINTS CITY COUNCIL MEETING JANUARY 16, 2024 City Council and Housing Authority Regular Meeting January 16, 2024 ter+ City Council Regular Meeting January 16, 2024 CLOSED SESSION IN PROGRESS Y: 0 RMA Pledge of Allegiance A A- 1/17/2024 m �st � -• - 1/17/2024 - City Council Meeting January 16, 2024 Presentations } CA E..1 City Council Meeting January 16, 2024 P1 -American Public Works SoCal Chapter Award for 2023 Project of the Year A n i. CQ1 �. ` 'A LIF Lam. City Council Meeting January 16, 2024 P2 —American Public Works SoCal Chapter Award for 2023 Top Leader of the Year ji, P, CA x. City Council Meeting January 16, 2024 P3 — Chuckwalla National Monument Update Ile k ■ + PCA L 11 - Hi Protects California Deserts - Proposed Chuckwalla National Monument La Quinta City Council January 16, 2024;^ � T 1 77 • ��.• "Sri??? . F�-..t � �.'.+I. �' 4`� _ i_ r � , ..� � .' !1 Working together to conserve important public lands in Riverside and Imperial Counties © 2016 James Bremner, Jr. 0 Proposal Establish new Chuckwalla National Monument ➢ Approx. 660,000 acres BLM-managed lands Expand Joshua Tree National Park ➢ Approx. 17,000 acres 131M -managed lands to be transferred to National Park Service © Colin Barrows Proposed Chuckwalla National Monument and Joshua Tree National Park Expansion Joshua Tree National Park Expansion % k Schlinke National monument designations protect, nationally significant lands with cultural, historical, ecological, and scientific importance Bob Wick December 2016 Boundary Study conducted by the National Park Service identified more than 17,000 acres of lands in the Eagle Mountain area suitable for addition to Joshua Tree National Park lot I;jIft National monument designation What does it do/not do? • Not Wilderness • Existing legally designated OHV routes remain in place at time of designation • Existing recreational uses including hiking, OHV use, hunting, rockhounding • Permanent withdrawal from extractive uses (new mining claims) 15 Other Key Provisions Proposed Chuckwalla National Monument: ➢ Only applies to federal/BLM Aw 77t LD lands No effect on lawful use of private property .4: Rights of way, utility corridors, A.- infrastructure not impacted Compatible with proposed pump storage project Compatible with Salton Sea restoration efforts Proposed boundaries do not overlap any areas zoned for renewable energy under DREGP Values: Indigenous landscapes r. ... ..�. �19•�^f �_ .... �,_.-.. � �"-._� ^..may .. . t y 5 Values: Historical Sites World War II — Gen. Patton's Desert Training Center (1942- 1944) Blythe was located in the DTC and played an important role (Blythe Army Air Base) Remnants of Eagle Mountain Railroad Values: Wildlife & Habitat Connectivity .1 A Mecca Aster Sonoran Pronghorn Antelope Reintroduction Chuckwalla Desert Bighorn Sheep © Connor Long © Davi Irnfrom r Desert Tortoise © Joshua Tree National Park ;c Sonoran Pronghorn Antelope Reintroduction Chuckwalla Desert Bighorn Sheep © Connor Long © Davi Irnfrom r Desert Tortoise © Joshua Tree National Park Values: Habitat Conservation P Connecting Landscapes, Wildlife, and People January 16, 2024 23 ' Located relatively close to East Coachella Valley ' Heavily used by East Coachella Valley residents for multiple recreational activities (i.e., hiking, camping, cycling, and picnicking) ' Free, family -friendly outdoor activities ' Focus study on use needs in "Meccacopia" area 24 12 Painted Canyon Mecca Hills Wilderness A spectacular hike of up to five miles round trip through colorful - = rock formations. The entire canyon is scenic, so shorter hikes are also rewarding © Bob Wick 25 Values: The Bradshaw Trail National Back Country Byway ➢ Cultural ➢ Historical ➢ Recreational Economic Tnl�npprahen Iifl.l7 4�ip[k d%1 Gracenes f$1 07 Giron- 7 0 ) Recreebw� I�ustr�es 31 7A 60m. 0-0%y Headwaters Economics 2017 ct, Idue „ • all the regional economies adjacent to the studied national monuments experienced growth following a monument's designation." za Science Advances (2020 reSe,rr nrf;�)• "We find that monuments increased the average number of establishments and jobs in areas near monuments ... [and] increased the establishmeAgrowth rate ..." (29 Tribal Support Official expressions of support from: • Colorado River Indian Tribes • Fort Yuma Quechan Indian Tribe { • Chemehuevi Indian Tribe • 29 -Palms Band of Mission Indians • Torres -Martinez Desert Cahuilla Indians Elected Support Official expressions of support from: • Indio • Calipatria • Cathedral City • Indian Wells • Palm Springs • Desert Hot Springs • Banning • Imperial County Sup. Ryan Kelley (Dist. 4) 31 Other Support Supporters include: • Calipatria Chamber of Commerce • Greater Palm Springs Convention & Visitors Bureau • VetVoice Foundation (national) • Comite Civico del Valle, Inc. (Brawley) • Desert Recreation District (Indio) • Big Wheel Tours (Palm Springs/Palm Desert) V. Protect California Deserts Coalition Consists of about 25 member organizations including: • Alianza Coachella Valley • Audubon California • CactusToCloud Institute • California Native Plant Society • CalWild • Council of Mexican Federations in North America (COFEM) • Friends of the Desert Mountains © EcoRight THANK YOU! Questions? © Bob Wick • Latino Outdoors • Leadership Council for Justice and Accountability • National Parks Conservation Association • Native American Land Conservancy • Outdoor Alliance • The Wildlands Conservancy 33 City Council Meeting i January 16, 2024 P4 — Palm Springs Air Museum Presentation - "Education, Taking the Next Step" i H •� t o �•+ jCra -0]1 � r WOW' - Taking the next ste -■ Fr PALM SPF211VGS .4�� MLJ�EiJM ecyran4fllu• January 16, 2024 Education Ilp • 5K Kids will visit the facility this year on education tours — Which has now stabilized post COVID • Bus program ramping up continues • Educator Guides/Programs online with major SM push SELn IInArY CJfI'IC:I 11 lr-C•L Ir1[' �. 37 911 19 - w We Are A Regional Facility 'J- With Childre"ttending From Across x - the Region 3 39 nM a potential �t y Served PSAM-Programs 5,000/5.2% January 16, 2024 20 41 We Are A Regional Facility With Children Attending From Across the Region U.S News and World Report High School Rankings 2023 1,536 schools ranked in California. ngs High , Pa'rn Springs a-Im-Xe-sert High • No. 675: La Quinta High School, La Quinta 3 { No. 781: Rancho Mirage High School, Rancho Mirage No. 1,156: Coachella Valley High School U. We Are A Regional Facility With Children Attending From Across ge_Req io n The Museum provides frame -of -charge to the students who attend: - Admission to the facility Transportation - Lunch ides/Vi a:ii•iiiii� i��i • •i:-i.�iia:=r.i•iiiiF.�.iti' • - missioll� January 16, 2024 Or -Ali r'. �� 4 21 January 16, 2024 43 CtLrriculum Why STEM? • -The U T ,nal Science Foundat>�(NISF) coined th:e ter, mSTE""��,'—gin 2 01, noting hog„ students—were not achieving in the science, tech no ogy, engineering and mathematics disciplines compared to other -countries. It was considered a rick tg the country's ability tompete in the global economy. 44 22 January 16, 2024 Curriculum Why STEM? 1. Increases Innovative Thinking "I don't think outside -the box. I think of what Ivan do -with the box." - Henry Matisse • With the rapid evolution of technology and engineering, STEM -focused !ZP -- education hnc ncvpr boon more pertinentto�#�futur�ln fact, STEM jobs have -d ji grown 79% since 1990, according to the Pew Research Center, outpacing other occupational growth by a landslide. That's because STEM education teaches students to solve and prevent modern s—with innovative thinking. ThrougJi—experimentation, students learn new ways of observing, analyzing and solving complex issues. Whether it's engineering, computer technology or basic arithm«tic, students will be moble to pinpoint obstacles and work through them with an "outside of the box" mindset. 3 i8l.7 curriculum Why STEM? 2. Encourages Curiosity "The mind that opens to a new idea will never return to its original size." - Albert Eistein Subjects -that -require problem solvft g -will uitimatWead to the question "How can this be solved? And why does this solution work?" Fostering an environment that encourages questions helps to ignite a spark of wonder in students, no matter their age. Inspiring curiosity also means inspiring exploration, imagination and the drive to discover new answers. f 11 ri 23 tlrl January 16, 2024 Curriculum Why STEM? —IM 3. Inspires Creativity d Ingenue "Imagination is the beginning of creation. You imagine what you desire, ,FW you vA[L irhat you imagine, and at last, you create what you will." - George Di _ Bernard n.e, 1 problems—often require creative soolutfens. Because of this, students leap to analyzeAuestions both critically and creatively. Open-ended, STEM -focused to creativity I d dents to use their own imagination an rPs s to interprethe siti, fact, a study done _ by 29 physics teachers in Indonesia demonstrated that students' creativity was enhanced by integrating knowledge activities. Curriculum Why STEM? 4. Fosters Collaboration and Communication "Teamwork is the secret that makes common people achieve uncommon results." - Ifeanyi Enoch Onuoha Most STEM car rs-don't take place in silos. Bridges a e not built by one man alone, and a hypothesis can't be proven without review. Team projects,PC�Ily in STEM subjects, allow students to_ collaborate on complicated problems and form valuable in erpersona s ills. These kinds of projects also allow teachers to observe how their students communicate, compromise and lead discussions with their peers. This peer-to-peer collaborateopi wpm to e Id where healthy communicatioeolle-positive leadership _._ f 24 Curriculum Why STEM? -AAL 5. Builds Confidence and Teaches Acceptance of Failure • "When we give ourselves permission to fa,l; %%—, at -the same time, give ourselves permission to excel." - Eloise Ristad —Although it may not seem like it sometimes, it's true -that success and failure go hand r to find the correct answer to problem, we must often eliminate the incorrect answers. Experimentation teaches students that they may not always succeed, but it also teaches them to learn from their failures. Accepting failure is an important skill scfioo!, careers and our personal lives. And it also makes success that much sweeter! Discovering the solution after a number of failures motivates students to keep trying—and to believe in themselves, n the odds seemto be against them. 11 RI Curriculum Why STEM? 6. Prepares Students for High -Demand Careers • "The best preparation for tomorrow is doing -your best today." - H. • Fostering a passion for STEM can leadstudents down lucrative, life - changing paths. According to the Bureau of Labor Statistics (BLS), the average salary for -STEM workers is $95,42. That is more t an�couble the national average foi non-STEMations, whit , 20. The BLS also estimates that STEM career opportunities are set to grow by 10.8% until 2031, with -non -STEM orninations only taping a growth of 4.')% in that time. f 6.71, January 16, 2024 25 Y 51 52 Curriculum It's not that you must think outside the box. Sometimes you must build the box! - Read the plans Determine the dimensions to cut Cut the metal Determine the bends or folds in the metal — - - Drill rivet points - Install rivets 3 jib •Example of classwork at PSAM in metal working. Expansion t WnWK� �e jN �0'�e9oGelW slpnaW j drcle e January 16, 2024 26 1� r F1 M S I--, G MLJ�EIJM l J 9 6 PALM SF=F211VGS .4�� MLJ�EiJM January 16, 2024 611 Expansion f 67 Expansion _ $3.5M To cost Berger/Auen Foundations - $2M Raised to Date -$1-M Construction Credit Line Berner/Auen - Construction Drawings in Process - Construction to Commence Q2 2024 ME City Council Meeting January 16, 2024 S1 — Discuss Cost -Share Options for Electrical Substation Upgrades . M 'kw h Imperial Irrigation District Service Area Indio Coachella East Coachella Valley Cities La Quinta IMPERIAL C*' Electric Supplier ri'_0 0 0 6— IID 1934 IID/CVW D Agreement CVWD IID Electric Supply and Delivery System Electric Supplier IID 1934 IID/CVWD Agreement CVWD IID Electric Supply and Delivery System LA QUINTA SUBSTATIONS �• .CJS a '{/�:��.. rE�1i•'. V In r, rRr �. 1J■■'Mi' .: wr-�. . g11Jp =-:: January 16, 2024 rM Avenue 58 Substation — 50 MVA Bank Addition (Area Developments) y•n^� ESmtes at GfilGn a.aek Kanoss, TIM Map 36744 0.31 MYAa ?.ST MVR r k,fve rwrercra ex <i $ �nra Y AVwyrt � 3ra a&1'k e� , •• 41 s wN[kN „va�,.s na L Rranue SB Tawnha�izs .r.,,..�r _F The Club M C ural Mounlaln 1 c.Q MVA 8-2 MVA Estate Collegian M Coral M—t4m �� f + {Mal4 w _ - Andalusia 1.5 MVA �Ffa'YsnlnR 1 A.6 MVA FIID r:I! r.re 5'rBellasera 3.2 MVA; 6 k --iid.mm 3 32 Avenue 58 Substation — 50 MVA Bank Addition (Feeder Layout) ��� are ean. wd loon E =r. axax¢¢axas?�f F11 13I �J Futum�creb nts ~�- TM.w Mevlegend �.. _ �y �� � A EW 9.bctatwn W WA Ban. Md.— F— Fr a >S F�FZ6F3 �� Fgpp.r F1 ` { - P.M FB -- I.J.F4, F7. 8R - FmdQ F9 J- ,/ ' � L��kimit"Mb �.— Feeder H11—]-,, �L J a.a .. .n Fr.uininarr . c,r �.r. �, ro n..rr - res ., _..- ,r. a. e. avi c- - neaivr. A,.... rHLr.rOnl" -- ....'.'.....-.. IID www.iid.com l.."a, q— a. 8 .l] January 16, 2024 33 Questions I 13 City Council Meeting January 16, 2024 131 - LA QUINTA PARK IMPROVEMENTS N PACIFIC PLAY SYSTEMS PLAYGROUND DESIGN PROJECT NO 2023-24 • NEW PLAYGROUND EQUIPMENT INCLUDES: • TWO PLAY STRUCTURES • INCLUSIVE PLAY COMPONENTS • COST: $415,450 Se»so ry Pane 7111 kIII Mercy -co -m end CQMppser Music Panel Playground Layout USA Shade Playground Shade Structure Project No 2023-25 • SHADE STRUCTURE OVER THE ENTIRE PLAY AREA • COST: $482,354 Gametime Perimeter Fitness Equipment Project No 2023-26 ism • THREE NEW FITNESS STATIONS • COST: $56,289 City Council Meeting January 16, 2024 B2 —Land -Secured Financing Policy Adoption Y r AO What is Land -Secured Financing? • Utilizing the value of land and improvements as security for debt issuance that funds infrastructure and/or services • Many different forms such as Assessment Districts (AD), Community Facilities Districts (CFD), Enhanced Infrastructure Financing Districts (EIFD) ADs vs. CFDs Assessment Districts Authorized by Municipal Improvement Acts of 1911 and 1913 and Improvement Bond Act of 1915 Typically fixed lien per parcel Generally initiated by property owner petition Approved by ballot tabulation at a public meeting Boundaries are generally fixed and land use changes are not easily incorporated Must be based on direct and special benefit to parcel owners Good for local infrastructure projects with little "General Benefit' Communitv Facilities Districts • Authorized by Mello -Roos Community Facilities Act of 1982 • Sets a maximum annual special tax rate, that may include an escalator • May be allocated on a "Reasonable" basis • Approved by an election • Boundaries may be expanded and land use may change • Good for "General Benefit" community facilities and for projects requiring flexibility • Also may be used for eligible services and maintenance/operations activities Why Now? Potential undertakings that may require financing options: • Annexation of Sphere of Influence • Electrical Infrastructure • Utility Undergrounding • Developer -requested as needed for residential projects Policy Update • Adopted in 1999 • EIFD law established 2014 • Does not allow for use of land-based financing for residential areas • Changing economic climate and Council priorities Substantive Changes • Removed restriction on utilizing land -secured financing for residential developments • Increased developer deposit • Added 2% limit to effective tax rate to ease tax burden on properties • Added annual escalator for CFD special taxes • New section on Alternative Financing Mechanisms Alternative Financing Mechanisms • Joint Community Facilities Agreements • Enhanced Infrastructure Financing Districts • Alternative Financing Programs such as SCIP, BOLD, and BAND* "Statewide Community Infrastructure Program (SCIP), Bond Opportunities for Land Development (BOLD), and Bonds Assisting New Development (BAND) are programs run by independent development financing authorities that developers may utilize for funding. While the City's policy does not prohibit these programs, the City is not currently opted -in to any of them. Field man,, Rolapp & Associates James Fabien, Principal Chelsea Redmon, Asst Vice Pres. Discussion -q Any QUEST" City Council Meeting January 16, 2024 B3 — 2022/23 Year -End Budget Report Avm - =..• ." , ,. ice., AINk January 16, 2024 WFA R&I General Fund Expenses General Fund 2022/23 2022/23 Variance Adjusted Expenditures 114,302,672 91,225,728 (23,076,944) 111 �. Total Expenditures 1177655,672 105,084,876 (12,570,796) • Measure G reserves allocation $13.8 million ■ Total expenditure savings after carryovers $12.5 million Carryovers to 2023/24 Capital Improvements ■ Total $22,623,372 ■ For 26 Projects and CIP Savings, detailed in Exhibit C Operating ■ Total $2,600,009 Other Funds 0 Total $7,623,201 Reserve/Fund Balance Advances Other Funds OtherDue from Total Non -S .. ble Restricted I Pension Trust Committed Operational Carryovers Cash Flow Reserve Natural Disaster Reserve Economic Disaster Capital Replacement Reserve Total Committed Assigned Public Safety Fire Services Measure G Sales Tax Capital Projects U. Total Assigned TOTAL FUND BALANCE As of June 30, 2022 11 As of June 30, 2023 11 Change in Value 1,209,100 2,600,009 1,390,909 5,000,000 5,000,000 10,000,000 15,000,000 5,000,000 11,000,000 13,000,000 2,000,000 10,000,000 12,000,000 2,000,000 37,209,100 47,600,009 10,390,909 11,183,821 11,986,970 803,149 15,355,043 29,214,191 13,859,148 30,761,847 22,623,372 (8,138,475) 57,300,711 63,824,533 6,523,822 165,907,013 11 185,977,511 11 20,070,498 Measure G Summary REVENUES SINCE INCEPTION $77 MILLION 518 514 S12 0 510 Sa 58o' _ $4 W17 17118 18119 19120 20121 21122 22123 Rsca1 rear ■ FY 22-23 Measure G Revenue: $16.1 million ■ Revenues since inception: $77 million On the Horizon Fiscally healthy & well managed resources • Maintenance & preservation of roads, landscape, & facilities • IID/Undergrounding Utilities ■ Sphere of Influence CAI -11 City Council Meeting January 16, 2023 PH1 — ZOA2023-1001 Flagpole Regulations Amendment ill •. �... I } r, Ti e j,CA4R4 Background • November 21, 2023 — Council adopted zoning code amendments • Flagpole regulations - reduce min. setback from 10 feet to 5 feet from a property line where a yard faces a street, open space, or golf course • Council directed staff to prepare another zoning code amendment to modify flagpole regulations for single-family residential zoning districts managed by H OAs . Flagpole Regulations Amendment Single-family residential zoning districts managed by H OAs : — Not limited to the flagpole placement standard, if HOA Board of Directors approve — Applicant submits a letter from HOA approving the placement, with the building permit application. Flagpole Regulations Amendment • Requires compliance of maximum 20 feet height • Requires a building permit (footing, structural) • Definition of "homeowners association" added to zoning code, and updated section numbers of the California Civil Code. Flagpole Regulations Amendment • Planning Commission heard the proposed zoning ordinance amendment on December 12, 2023 • The resolution did not pass by unanimous vote CEQA • The project is exempt from environmental review pursuant to Section 15061 (b)(3) of the California Environmental Quality Act, Common Sense Exemption - CALIFORNIA Flagpoles �.._.._.._.._.._.._.._.._.. REAR YARD FRONT YARD I ' iw I I GOLF � I COURSE OR OPEN ' SPACE 10, Flagpoles FRONT YARD I Lu Lu i i 10, i i._..._.._.. io, io' o Flagpoles FRONT YARD Lu LU i i G 10, SIG � REAR YARD GOLF COURSE OR OPEN SPACE REAR YARD GOLF COURSE OR OPEN SPACE 10Flagpoles FRONT YARD i REAR YARD 1 1 � 1 1 1 _..------i----- ' 1 1 Lu i ; ; GOLF 1 i COURSE OPEN -- �a---�--------------;-'. 10' SPACE ' 7 1 1 1 1 , 'I . , 1 , 1 1 � I � I 1 , 1 , 1 1 � HI +• 51 STREET jo' 10' FRONT YARD F- LU Lu F- Ln 10' Flagpoles 1 1 UL 5'1 10' REAR YARD I GOLF i COURSE OR OPEN 7' lo' SPACE _.. _.. _.._..J i fI i f 1 1 10' City Council Meeting January 16, 2024 PH2 — Resolution to Update City's User and Regulatory Master Fee Schedule Regarding a Permit Fee for Large Lot -Qualified and Certified . fid,-,��_�"''� .',,��' � ` i, • � ' ;: - j4 �;�:J� � cAt�u RMA tl L (it CV ()Zawa CALIFORNIA City Council Meeting January 16, 2024 PH3 — Hampton Inn Hotel EA2022-0011, SPA2022-0003,& SDP2022-0007 i Vicinity Map. — Southwest AVenUa 47 corner of Auto Centre Drive,'t � � and La Quanta � � Drive — Project site is located on a vacant parcel c (600-340-060) y• ,.r a 0 • 125 room hotel Proposal • Landscaping, Pool & Spa, Dog Park and 126 parking spaces :. w:r N ee�ee • _ J �-rr,„� f'7 '•.�' Tar•,P.�Im.s�,,. •Auto er:,•,.. Proposal • Landscaping, Pool & Spa, Dog Park and 126 parking spaces Proposal • Applications include: — Addendum to Mitigated Negative Declaration (MND) to find proposed project does not have a significant effect on environment — Specific Plan Amendment and Site Development Permit Specific Plan Amendment • Increase the maximum floor area ratio • Reduce the parking ratio minimum 115 ----------------- --- ------ :!LT -------------------- ------------ --------- -------------- ------- ------------------------------------------------------------ M M AMLJ M M- ------------------ --------- imll January 16, 2024 58 Renderings 4MMW Renderings I TW I Renderings Material Boards 07 Qlucrn O7 S1�erro 035f-_ M Sf.,-05 Siricrl. Ofi Snurrn D7 -no. 04 YPfnAnw Fnm. -iry+a^n Sw�0;55r•en,an n.,ro 51Y 79W S'Mrn+�WdI.—SWf,'mI?Sr— W1lams SW977764—VY,.U—BY,- .:..' vvxw Swllls MSr - Oren �rmw—T ft I -Geer AmdacC 'Sty! -!E:—" .S,—t,-rka- 'Pcnnymec --I, Dog' 'C ,y 'D—akmr 'PmIra Qn ' Nummum 121 Auto Centre prive January 16, 2024 Y Residential 122 61 ii;T it Hotel - 3 story January 16, 2024 Y Residential 122 61 Planning Commission • Recommended for approval on December 12, 2023 • Conditions of approval included signage on south elevation, parapet roof, and lighting standards on the south side CEQA • An Addendum to the Mitigated Negative Declaration was prepared • No substantial changes to the Project are proposed that result in new significant environmental effects