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2024 04 16 Councilt(v Qw�tr(v 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, APRIL 16, 2024 3:30 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning -in live via http://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 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) RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE CITY COUNCIL AGENDA Page 1 of 7 APRIL 16, 2024 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 1. PRESENTATION ON LA QUINTA LIBRARY AND MUSEUM PROGRAMS, EXHIBITS, AND ACTIVITIES BY LA QUINTA LIBRARY BRANCH MANAGER SARA DELACRUZ, LA QUINTA MUSEUM DIRECTOR SHARLA FOX, AND MAKERSPACE SUPERVISOR MICHELE MCNEILLY CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE COUNCIL MEETING MINUTES OF APRIL 2, 2024 2. EXCUSE ABSENCES OF COMMISSIONER CALDWELL FROM THE MARCH 26, 2024, PLANNING COMMISSION MEETING AND COMMISSIONER WAY FROM THE MAY 8, 2024, FINANCIAL ADVISORY COMMISSION MEETING 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DECKARD TECHNOLOGIES, INC. TO PROVIDE SHORT-TERM VACATION RENTAL PROGRAM COMPLIANCE MONITORING AND INTERACTIVE PUBLIC PORTAL MAP SERVICES 4. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH LANCE, SOLL & LUNGHARD, LLP FOR PROFESSIONAL AUDITING SERVICES 5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH CLEARGOV, INC. FOR BUDGETING AND FINANCIAL TRANSPARENCY SOFTWARE 6. ALLOCATE ADDITIONAL FUNDS, APPROVE CHANGE ORDER NO. 3 WITH GRANITE CONSTRUCTION COMPANY, AND ACCEPT FRED WARING DRIVE PAVEMENT REHABILITATION PROJECT NO. 2022-03 LOCATED FROM WASHINGTON STREET TO ADAMS STREET 7. APPROVE SUBSCRIPTION AGREEMENT WITH DELL MICROSOFT LICENSING TO PURCHASE MICROSOFT 365 LICENSES 8. ADOPT RESOLUTION APPROVING AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT WITH VISIT GREATER PALM SPRINGS [RESOLUTION NO. 2024-014] CITY COUNCIL AGENDA Page 2 of 7 APRIL 16, 2024 9. ADOPT RESOLUTION TO APPROVE THE CITY'S PROJECT LIST FOR FISCAL YEAR 2024/25 FOR SENATE BILL 1 - ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING [RESOLUTION NO. 2024-015] 10. APPROVE FISCAL YEAR 2024/25 THROUGH 2O28/29 MEASURE A HALF- 155 CENT SALES TAX FIVE-YEAR CAPITAL IMPROVEMENT PLAN 11. ACCEPT ON -SITE IMPROVEMENTS ASSOCIATED WITH THE SIGNATURE 159 RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 36537-1 and 36537-2) LOCATED WITHIN PGA WEST DEVELOPMENT ON PGA BOULEVARD 12. ACCEPT COVE TRAILS PARKING LOT IMPROVEMENTS PROJECT NO. 2022- 30, LOCATED ON CALLE TECATE BETWEEN AVENIDA MADERO AND AVENIDA JUAREZ 13. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE DUNE PALMS ROAD PAVEMENT REHABILITATION PROJECT NO. 2021-01, LOCATED ON DUNE PALMS ROAD FROM MILES AVENUE TO FRED WARING DRIVE 14. APPROVE PURCHASE OF CATERPILLAR BACKHOE AND CATERPILLAR TRACKED SKID STEER FROM QUINN CAT THROUGH SOURCEWELL COOPERATIVE PURCHASING; AND DECLARE CURRENT EQUIPMENT AS SURPLUS AND APPROVE DISPOSAL METHOD 15. APPROVE DEMAND REGISTERS DATED MARCH 29, AND APRIL 5, 2024 BUSINESS SESSION PAGE 1. APPROVE PRELIMINARY DESIGN PLANS AND AUTHORIZE STAFF TO MOVE FORWARD TO FINAL DESIGN STAGE FOR THE LA QUINTA CULTURAL CAMPUS PROJECT NO. 2019-01 2. RECEIVE AND FILE FISCAL YEAR 2023/24 BUDGET UPDATE REPORT, 249 APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, AND ADOPT RESOLUTION TO ADD ASSISTANT PLANNER POSITION [RESOLUTION NO. 2024-016] STUDY SESSION — None PUBLIC HEARINGS — None DEPARTMENTAL REPORTS 1. CITY MANAGER — TALUS PROJECT STATUS UPDATE 2. CITY ATTORNEY 3. CITY CLERK CITY COUNCIL AGENDA Page 3 of 7 APRIL 16, 2024 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 ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. VISIT 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. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) 15. IMPERIAL IRRIGATION DISTRICT - ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey) 16. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 17. LEAGUE OF CALIFORNIA CITIES - ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey) 18. LEAGUE OF CALIFORNIA CITIES - EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey) 19. CANNABIS AD HOC COMMITTEE (Pena & Sanchez) 20. CVAG PUBLIC SAFETY COMMITTEE (Pena) 21. CVAG HOMELESSNESS COMMITTEE (Pena) 22. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena) 23. SUNLINE TRANSIT AGENCY (Pena) 24. ANIMAL CAMPUS COMMISSION (Sanchez) 25. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez) 26. LEAGUE OF CALIFORNIA CITIES - PUBLIC SAFETY COMMITTEE (Sanchez) 27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 28. ART PURCHASE COMMITTEE (Sanchez & McGarrey) 29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez) 30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez) 31. FINANCIAL ADVISORY COMMISSION MEETING MINUTES OF FEBRUARY 7, 2024 263 CITY COUNCIL AGENDA Page 4 of 7 APRIL 16, 2024 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on May 7, 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 April 12, 2024. DATED: April 12, 2024. 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.laguintaca.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. 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 CityClerkMailCc--)LaQuintaCA.gov, CITY COUNCIL AGENDA Page 5 of 7 APRIL 16, 2024 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 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 CITY COUNCIL AGENDA Page 6 of 7 APRIL 16, 2024 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/j/82540879912 Meeting ID: 825 4087 9912 Or join by phone: (253) 215 — 8782 Written public comments — can be provided in person during the meeting or emailed to the City Clerk's Office at CityClerkMail(a-LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk's Office can accommodate such request. CITY COUNCIL AGENDA Page 7 of 7 APRIL 16, 2024 CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, APRIL 2, 2024 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA Councilmember McGarrey said she will recuse herself and abstain from discussion and vote on Consent Calendar Item No. 15 due to a potential conflict of interest stemming from a business relationship, i.e., her employer, Southern California Gas Company, is listed on the Demand Register, and requested that the item be pulled for a separate vote. Councilmember McGarrey and Mayor Evans said they will comment on Consent Calendar Item No. 4 related to setting compensation for City Boards, Commissions, and Committees. Council concurred. CLOSED SESSION 1. 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) 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) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M. CITY COUNCIL MINUTES Page 1 of 8 APRIL 2, 2024 0 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:02 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act): • CLOSED SESSION ITEM NO. 1 — no new reportable action on this matter. The authorization to initiate litigation as reported out for Closed Session Item No. 1 from the February 20, 2024, Council meeting remains in place, and no new action was taken tonight for Closed Session Item No. 1 that requires additional reporting. • CLOSED SESSION ITEM NO. 2 — Council took the following action on this item: MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick authorizing the City Attorney's Office to approve a settlement of litigation prior to commencement of judicial proceedings. Motion passed unanimously. If and when a settlement agreement is executed, upon inquiry of any person, the terms and conditions of the agreement are subject to disclosure and would be available for inspection as a public record in accordance with the California Public Records Act (Government Code § 7920.000 et seq.). • CLOSED SESSION ITEM NO. 3 — Council will reconvene Closed Session after the Open Session portion of the meeting to consider this item. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from La Quinta resident Jessica Klein regarding the Coachella Valley Animal Campus (CVAC) shelter, which was distributed to Council, made public, published on the City's website, and included in the public record of this meeting. PUBLIC SPEAKER: Jessica Klein, La Quinta — provided a hand-out with questions regarding the CVAC animal shelter; updated Council on her recent positive dog adoption experience from the Humane Society of the Desert animal shelter in Desert Hot Springs; said CVAC could learn from them; noted that CVAC turned down offers from Big Dog Ranch in Florida and Best Friends Animal Sanctuary in Utah who proposed to take dogs to help with overcrowding and provide training for staff; and requested that CVAC be put on a future agenda for a full discussion. CITY COUNCIL MINUTES Page 2 of 8 APRIL 2, 2024 IN PUBLIC SPEAKER: Courtney White, La Quinta — lives in the Cove and would like to see more street lights in La Quinta as it will help provide safety and security. PUBLIC SPEAKER: Richard Centeno, La Quinta — said the crosswalk on Calle Tampico from the Seasons residential development across from the La Quinta Library is dangerous, as cars do not slow down even when the lights are flashing; and suggested the flashing white light be changed to red. Mayor Evans said law enforcement will be alerted. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS — None CONSENT CALENDAR 1. APPROVE COUNCIL MEETINGMINUTES OF MARCH 5, 2024 2. APPROVE COUNCIL MEETING MINUTES OF MARCH 19, 2024 3. APPROVE COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES SPECIAL JOINT MEETING MINUTES OF MARCH 20, 2024 4. ADOPT RESOLUTION TO SET COMPENSATION FOR CITY BOARDS, COMMISSIONS, AND COMMITTEES [RESOLUTION NO. 2024-013] 5. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY CONSERVATION COMMISSION AND THE COUNTY OF RIVERSIDE TO COMPLETE THE TRANSFER OF CONSERVATION OBJECTIVES REGARDING THE PENINSULAR BIGHORN SHEEP BARRIER PROJECT 6. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH INTERWEST CONSULTING GROUP FOR ON -CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES TO INCREASE THE CONTRACT AUTHORITY FOR UP TO $415,000 IN FISCAL YEAR 2023124 7. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TRITON TECHNOLOGY SOLUTIONS, INC. TO IMPLEMENT CABLECAST TECHNOLOGY TO RECORD, STREAM, AND ARCHIVE PUBLIC MEETINGS VIDEOS, AND RELATED MAINTENANCE AND SUPPORT SERVICES 8. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-16, LOCATED IN VARIOUS LOCATIONS 9. ACCEPT OFF -SITE IMPROVEMENTS ASSOCIATED WITH THE SIGNATURE RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 36537-1) LOCATED WITHIN PGA WEST DEVELOPMENT ON PGA BOULEVARD CITY COUNCIL MINUTES Page 3 of 8 APRIL 2, 2024 111 10. AUTHORIZE OVERNIGHT TRAVEL FOR TWO COUNCILMEMBERS TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 2024 ELECTED OFFICIALS SUMMIT IN HUNTINGTON BEACH, CALIFORNIA, MAY 14-16, 2024 11. AUTHORIZE OVERNIGHT TRAVEL FOR CITY MANAGER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 2024 EXECUTIVE SUMMIT IN SAN DIEGO, CALIFORNIA, APRIL 9-11, 2024 12. EXCUSE ABSENCES OF COMMISSIONERS CASTO AND GAETA-MEJIA FROM THE MARCH 13, 2024, QUARTERLY HOUSING COMMISSION MEETING 13. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2024 14. APPROVE DEMAND REGISTERS DATED MARCH 15 AND 22, 2024 15. Pulled for a separate vote by Councilmember McGarrey >>> APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED JANUARY 12, FEBRUARY 16, AND MARCH 8, 2024 CONSENT CALENDAR ITEM NO. 4 — COMMENTS Councilmember McGarrey — said that the Construction Board of Appeals (CBA) should receive compensation as do other members of City boards, commissions, and committees. Council discussed the CBA's three meetings in the last 10 years, and reached a consensus that if the CBA begins to meet more frequently, approving compensation for CBA members can be considered in the future; and noted that of the nine cities in the Coachella Valley, La Quinta, Indio, and Desert Hot Springs are the only ones that offer compensation for members of their boards, commissions, and committees. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve Consent Calendar Item Nos. 1-14 as presented, with Item No. 4 adopting Resolution No. 2024-013. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 15 COUNCILMEMBER McGARREY RECUSED HERSELF, AND SAID SHE WILL ABSTAIN FROM THE DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 15 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP WITH HER EMPLOYER SOUTHERN CALIFORNIA GAS COMPANY CITY COUNCIL MINUTES Page 4 of 8 APRIL 2, 2024 12 MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item No. 15 as presented. Motion passed: ayes — 4, noes — 0, abstain — 1 (McGarrey), absent — 0. BUSINESS SESSION — None STUDY SESSION 1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2024/25 THROUGH 2O28/29 CAPITAL IMPROVEMENT PROGRAM (CIP) Public Works Director McKinney, Assistant Construction Manager Ayon, and Management Analyst Mignogna presented the staff report, which is on file in the Clerk's Office. Council discussed existing and planned sidewalks; sidewalks the City will build and those future developers will build; improvement of the functioning of Avenue 52 at Jefferson Street roundabout; the danger of the Avenue 52 and Monroe Street intersection, and the efforts of the three governing agencies to improve it; Robert Green Company's responsibility for wear and tear on SilverRock Way causing the need to slurry seal; CVWD's responsibility to complete street repairs to City standards, pavement CVWD installs after its sink hole repairs; oversight of businesses that are responsible for drains, grates, etc.; the possibility of moving forward with all three phases of the Fritz Burns Park Improvements project at once; the success of the City's long range drainage improvement plans; the positive responses from residents regarding the north La Quinta landscaping projects; dog park at SilverRock Park; location of Welcome Center improvements (restroom, sidewalk, etc.) at the new city -owned property at Eisenhower Drive and Calle Tampico near the Bear Creek Trail; possibility of an encroachment permit from CVWD for the improvements; reimbursement to developers for capital improvements they have made; increasing the slurry seal/pavement repair budget from $2 million to $2.5 million; Measure G funding utilized for CIP projects; contribution of short-term vacation rental revenue (STVR) to these capital projects; and the use and testing of new products available for longer lasing streets. Council noted Management Analyst Julie Mignogna's departure from La Quinta employment to join Coachella Valley Association of Governments after 7.5 years of service, and thanked her for her dedication, professionalism, and passion for projects. Council reached a consensus and directed staff to continue seeking grant opportunities for funding sources and proceed with Capital Improvement Program projects as presented. PUBLIC HEARINGS — None DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office. CITY COUNCIL MINUTES Page 5 of 8 APRIL 2, 2024 13 MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans congratulated Marge Dodge recently recognized at the Senior Inspiration Awards luncheon. Mayor Evans and Councilmembers McGarrey and Fitzpatrick reported their attendance at the La Quinta Easter Egg hunt; and thanked staff for the successful egg hunt. Councilmember Sanchez reported on his attendance, along with Councilmember McGarrey, at the Desert Sands Foundation Gala; and, the CVWD water tour. Councilmember Fitzpatrick reported on her attendance at the At Work Personnel ribbon - cutting; and, Vista Santa Rosa District 4 Community Council meeting. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2024, Mayor Evans reported on her participation in the following organizations' meetings: • CVAG COACHELLA VALLEY CONSERVATION COMMISSION • VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS' BUREAU • IMPERIAL IRRIGATION DISTRICT — COACHELLA VALLEY ENERGY COMMISSION (IID CVEC) • COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE — (scheduled for April 3, 2024, but was cancelled due to conflicting meeting schedule with the I I D CVEC) La Quinta's representative for 2024, Councilmember Fitzpatrick reported on her participation in the following organization's meeting: • CVAG TRANSPORTATION COMMITTEE La Quinta's representative for 2024, Councilmember McGarrey reported on her participation in the following organizations' meetings: • LEAGUE OF CALIFORNIA CITIES — ENVIRONMENTAL QUALITY POLICY COMMITTEE • GREATER COACHELLA VALLEY CHAMBER OF COMMECE INFORMATION EXCHANGE COMMITTEE La Quinta's representative for 2024, Councilmember Sanchez reported on his participation in the following organization's meeting: • LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY COMMITTEE Council discussed their concerns related to the League of California Cities position on policies and culture; and reached a consensus to schedule a Study Session item at a future Council meeting to discuss the value of the City's membership and return on investment and hear from the local representative. CITY COUNCIL MINUTES Page 6 of 8 APRIL 2, 2024 14 Council reached a consensus and requested to receive a legislative update at a future Council meeting by the City's lobbyist, Gonsalves & Son. Council reached a consensus to schedule a Study Session item at a future Council meeting to discuss the City's agreement with Riverside County Department of Animal Services; possible municipal code amendments to Title 10 — Animals; and CVAC operations. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — Continued PUBLIC SPEAKER: Philip Bettencourt, La Quinta — mentioned the City's regular participation in the Bermuda Dunes Community Council; his and Councilmember Fitzpatrick's attendance at the Vista Santa Rosa District 4 Community Council meeting; and suggested adding, in addition to City staff, an official liaison from La Quinta City Council to attend the meetings and report out during "Reports and Informational Items" on the agenda. CLOSED SESSION — Continued 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 5:35 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:19 P.M. WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND SANCHEZ PRESENT CITY ATTORNEY IHRKE NOTED MAYOR PRO TEM PEI9A LEFT CLOSED SESSION AT 6: 06 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act): • CLOSED SESSION ITEM NO.3 — Council completed the City Manager's quarterly performance evaluation and reaffirmed his appointment. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Sanchez/McGarrey to adjourn at 6:20 p.m. Motion passed: ayes — 4, noes — 0, abstain — 0, absent — 1 (Pena). CITY COUNCIL MINUTES Page 7 of 8 APRIL 2, 2024 15 Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 8 of 8 APRIL 2, 2024 16 City of La Quints CONSENT CALENDAR ITEM NO. 2 CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE: EXCUSE ABSENCES OF COMMISSIONER CALDWELL FROM THE MARCH 26, 2024, PLANNING COMMISSION MEETING AND COMMISSIONER WAY FROM THE MAY 8, 2024, FINANCIAL ADVISORY COMMISSION MEETING RECOMMENDATION Excuse absences of Commissioner Mary Caldwell from the March 26, 2024, Planning Commission meeting and Commissioner Ellen Way from the May 8, 2024, Financial Advisory Commission meeting. EXECUTIVE SUMMARY • Commissioner Caldwell requested to be excused from the March 26, 2024, Planning Commission meeting due to previously scheduled travel. Commissioner Caldwell has three excused absences for fiscal year 2023/24. • Commissioner Way requested to be excused from the May 8, 2024, Financial Advisory Commission meeting due to a previously scheduled personal matter. Commissioner Way has no excused or unexcused absences for fiscal year 2023/24. FISCAL IMPACT Absent members do not receive any meeting compensation. 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." 17 ALTERNATIVES Council may deny one or both requests, which would result in the absence being counted toward each Commissioner's limitation on absences as noted above. Prepared by: Oscar Mojica, Permit Technician Approved by: Monika Radeva, City Clerk 18 City of La Quinta CONSENT CALENDAR ITEM NO. 3 CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DECKARD TECHNOLOGIES, INC. TO PROVIDE SHORT-TERM VACATION RENTAL PROGRAM COMPLIANCE MONITORING AND INTERACTIVE PUBLIC PORTAL MAP SERVICES RECOMMENDATION Approve Agreement for Contract Services with Deckard Technologies, Inc., to provide short-term vacation rental program compliance monitoring and interactive public portal map services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • In 2020, the City contracted with Deckard Technologies, Inc. (Deckard) to provide compliance monitoring services for the short-term vacation rental (STVR) program; the current agreement expires June 30, 2024. Deckard has expanded their services to include a customized web -based interactive public portal map and list of active and suspended STVR permits and related information. • Staff seeks approval to execute a three-year Agreement for Contract Services (Agreement) with Deckard for STVR compliance monitoring and public portal map/list services to ensure continuation of current monitoring processes, ability to implement enforcement, and offer web -based interactive public portal map and list access. FISCAL IMPACT If approved, the Agreement not to exceed amount is $373,010 over six fiscal years (FY) (three-year initial term from FY 2024/25 to 2026/27; and optional three-year extended term from FY 2027/28 to 2029/30). The costs are comprised of (1) compliance monitoring services at $47,400 per FY ($3,950 month, times 12 months), and (2) public portal map and list at $10,000 per FY. Contingency budget is proposed for possible software customizations at $20,000 during the initial term. The City has the option to extend the Agreement for an additional three- year term, and is budgeting a 5% contingency of $8,610 should there be a slight cost m increase. Funds will be budgeted in future FYs in the Clerk's Office Professional Services account (101-1005-60103) in accordance with the Agreement. Initial Term: Services Budget FY 2024/25 Compliance Monitoring & Public Portal Map/List $57,400 FY 2025/26 Compliance Monitoring & Public Portal Map/List $57,400 FY 2026/27 Compliance Monitoring & Public Portal Map/List $57,400 FY 2024/27 Contingency for Software Customizations $20,000 Initial Term Total: $192,200 Extended Term: Services Budget FY 2027/28 Compliance Monitoring & Public Portal Map/List $57,400 FY 2028/29 Compliance Monitoring & Public Portal Map/List $57,400 FY 2029/30 Compliance Monitoring & Public Portal Map/List $57,400 FY 2027/30 Contingency at 5% for possible cost increase $ 8,610 Extended Term Toral: $180,810 BACKGROUND/ANALYSIS The STVR program was established in October 2012 and required owners who sought to rent their property on a short-term basis (30-days or less) to obtain an STVR permit, pay transient occupancy tax (TOT) to the City, and abide by the rules and regulations of the STVR program. The tools, staffing, and technology necessary to administer, monitor, and enforce the STVR program have greatly evolved since 2012, when most processes were manual and paper driven; and continue to evolve year -over -year based on economic conditions and consumer demand, and require the City to adapt quickly and implement new and diverse methods to ensure adequate management, compliance, and enforcement. The City has continuously been proactive in responding and adapting to the STVR Program's ever -changing dynamics and needs, and has actively prioritized the preservation of neighborhoods and the quality of life of long-term residents. The unprecedented circumstances caused by the COVID-19 pandemic in 2020 created an influx demand for STVRs, which triggered the need for a more robust web -based compliance monitoring system. Thus, the City contracted with Deckard for such services, and the current agreement expires June 30, 2024. Deckard has expanded their services to include a customized web -based interactive public portal map and list, accessible to the public 24/7, and allows anyone to verify if a property is permitted as an STVR. Staff seeks approval to execute a three-year Agreement with Deckard for STVR compliance monitoring and public portal map/list services to ensure continuation of current monitoring processes, ability to implement enforcement, and offer web -based 20 interactive public portal map/list access of permitted and suspended STVR properties. The Agreement provides the option for a three-year term extension. ALTERNATIVES Council may elect to modify the agreement or not to approve the agreement; however, as compliance monitoring is needed, staff does not recommend these alternatives. Prepared by: Lori Lorett, Senior Permit Technician Approved by: Monika Radeva, City Clerk Attachment: 1. Agreement for Contract Services with Deckard Technologies, Inc. 21 22 /_10f_TS]:IJi14►11s 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 Deckard Technologies, Inc., a Delaware corporation, having its principal offices located at 1620 5t" Avenue, Suite 400, San Diego, California 92101 ("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 Short -Term Vacation Rental Program ("STVR") compliance monitoring and an interactive public portal map/list and list of active STVR permits, 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. 23 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. -2- 24 Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Three Hundred and Seventy Three Thousand and Ten Dollars ($373,010), for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this -3- 25 Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2024, and terminate on June 30, 2027 ("Initial Term"). This Agreement may be extended for three (3) additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. me 26 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) Nicholas R. Del Pego, CEO Telephone: (858) 248 — 9492 E-mail: nrd(o)_deckard.com 1620 5t" Avenue, Suite 400 San Diego, California 92101 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 Monika Radeva, City Clerk or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. -5- 27 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the M 28 Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency a endorsements performance. Ong with all required endorsements. Certificate of Insurance and must be approved by Agency's Risk Manager prior to commencement of 6. INDEMNIFICATION. 6.1 Indemnification shall indemnify, protect, defer and any and all of its officers, F" ("Indemnification") which is a part hereof. To the fullest extent permitted by law, Contracting Party d (with counsel selected by City), and hold harmless City employees, agents, and volunteers as set forth in "Exhibit incorporated herein by this reference and expressly made 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with -7- 29 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 W 30 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 in 31 of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with -10- 32 the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. -11- 33 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 DECKARD TECHNOLOGIES, INC. Attn: Monika Radeva Attn: Nick Del Pego 78495 Calle Tampico 1600 5t" Avenue, Suite 400 La Quinta, California 92253 San Diego, California 92101 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- 34 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- 35 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CONTRACTING PARTY: DECKARD TECHNOLOGIES, INC. A Delaware Corporation Nickolas R. Del Pego, CEO Dated: -14- 36 Exhibit A Scope of Services Services to be Provided: STVR Program compliance monitoring analytics within the City of La Quinta boundaries, to be delivered by the Contracting Party to City electronically through the Rentalscape platform at $3,950 per month. 2. Public portal website comprised of interactive map and list of active STVR permits at $10,000 per year. 3. Customization of the public portal website for a one-time cost of $8,000 to include all of the following: a. Download button — providing users the ability to download the active STVR permits list in Excel / CSV file format; b. Disclaimer page c. Display boundaries of shapefile zones on the public portal map The approved agreement budget is as follows: Initial Term: Services Budget FY 2024/25 Compliance Monitoring & Public Portal Map/List $57,400 FY 2025/26 Compliance Monitoring & Public Portal Map/List $57,400 FY 2026/27 Compliance Monitoring & Public Portal Map/List $57,400 FY 2024/27 Contingency for Software Customizations $20,000 Initial Term Total: $192,200 Extended Term: Services Budget FY 2027/28 Compliance Monitoring & Public Portal Map/List $57,400 FY 2028/29 Compliance Monitoring & Public Portal Map/List $57,400 FY 2029/30 Compliance Monitoring & Public Portal Map/List $57,400 FY 2027/30 Contingency at 5% for possible cost increase $ 8,610 Extended Term Toral: $180,810 Exhibit B Page 1 of 2 37 MallaM. Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Three Hundred and Seventy Three Thousand and Ten Dollars ($373,010), for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"), as detailed in Exhibit A. 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. Error! Unknown document property name./Error! Unknown document property name. -Error! Unknown document property name. Error! Unknown document property name..Error! Unknown document property name. a04/11/24 -2- 38 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 time periods listed in Exhibit A. Exhibit C Page 1 of 1 39 None. Exhibit D Special Requirements Exhibit D Page 1 of 1 40 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 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. 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 Page 1 of 6 41 person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. 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. Exhibit E Page 2 of 6 42 In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights 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. Exhibit E Page 3 of 6 43 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not 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. Exhibit E Page 4 of 6 44 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 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. Exhibit E Page 5 of 6 45 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 46 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 47 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 48 CONSENT CALENDAR ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH LANCE, SOLL & LUNGHARD, LLP FOR PROFESSIONAL AUDITING SERVICES RECOMMENDATION Approve agreement for contract services with Lance, Soll & Lunghard, LLP for professional auditing services; and authorize the City Manager to execute the contract. EXECUTIVE SUMMARY • The City's current auditing services contract has reached its expiration; consequently, the City prepared a request for proposals (RFP) and appointed two Financial Advisory Commission (FAC) members to participate in the selection process. • The City issued the RFP on November 17, 2023 with a submittal deadline of December 1, 2023. Five qualified firms responded. • The selection committee unanimously recommended Lance, Soll & Lunghard, LLP (LSL). FISCAL IMPACT If approved, the agreement with LSL will be for a five-year term, from fiscal year (FY) 2023/24 to 2027/28, for a total not to exceed amount of $524,540 as detailed below. Annual auditing services are budgeted in the Finance Department's Auditing Services account (101-1006-60106). Audit Period Cost FY 2023/24 $ 103,040 FY 2024/25 $ 103,040 FY 2025/26 $ 103,040 FY 2026/27 $ 106,120 FY 2027/28 $ 109,300 TOTAL: $ 524,540 49 BACKGROUND/ANALYSIS Each year, the City undergoes a complete audit of its financial transactions and activities by an outside independent audit firm. Eide Bailly LLP has been the City's audit firm from FY 2016/17 to 2022/23. While the City has appreciated the thorough and complete auditing services Eide Bailly LLP has provided through the long-term relationship, it is best practice to change audit firms to get a new perspective on the organization's financial operations. The City conducted a Request for Proposal (RFP) in November 2023 and received five responses. The proposals were evaluated by a five -member committee comprised of the Finance Director, Finance Manager, Senior Accountant, and two Financial Advisory Commission members, Chair Keith Dorsey and Commissioner Brian Anderson who volunteered to be on the selection committee. All five firms were invited to Zoom interviews in January 2024. The firms were evaluated on their responses and the proposed audit plan and staffing, experience and expertise on municipal audits, and reference verifications. Through the interview process, it was determined that all firms are knowledgeable, qualified, and have experience with municipal government. However, the panel unanimously chose Lance, Soll & Lunghard, LLP (LSL) on the basis of expertise, experience, and fit with the City. Lance, Soll & Lunghard, LLP (LSL) is a full -service accounting firm with a dynamic team providing access to their entire governmental team throughout the United States, ensuring the City receives the highest level of service and expertise possible. The governmental services team members are well versed in the issues critical to complex governmental entities and have deep, technical experience in serving state and local units of government. By engaging with LSL, the City will ensure continued compliance with financial and reporting requirements and will also benefit from a fresh perspective at its business operations, information systems, and financial/risk management policies and procedures. The five-year contract with an optional extension for two additional years will include professional auditing services and preparation of the financial statements including the State Controller's Report. In addition, the pricing includes a single audit on federal financial assistance (if necessary), a review of internal controls, and up to 50 hours of consulting services to assist with the implementation of accounting regulations and/or provide guidance on general accounting questions. ALTERNATIVES Council may elect not to approve the contract and re -issue an RFP for auditing services, but this alternative is not recommended. To perform an audit for the current fiscal year, an audit firm must complete interim audit work by June. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Agreement for Contract Services with LSL 50 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 Lance, Soll & Lunghard, LLP (LSL) with a place of business at 203 N. Brea Blvd., Suite 203 Brea, CA 92821 ("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 Professional Auditing Services, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be 51 performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. -2- 52 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 five hundred twenty-four thousand, five hundred and forty Dollars ($524,540), (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 -3- 53 greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on April 17, 2024, and terminate on April 17, 2029 ("Initial Term"). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. 4. 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 in 54 Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Lance, Soll & Lunghard, LLP 203 N. Brea Blvd., Suite 203 Brea, CA 92821 ATTN: Ryan Domino, CPA, Partner (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: Claudia Martinez, Finance Director 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 Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. -5- 55 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the M 56 Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency a endorsements performance. Ong with all required endorsements. Certificate of Insurance and must be approved by Agency's Risk Manager prior to commencement of 6. INDEMNIFICATION. 6.1 Indemnification shall indemnify, protect, defer and any and all of its officers, F" ("Indemnification") which is a part hereof. To the fullest extent permitted by law, Contracting Party d (with counsel selected by City), and hold harmless City employees, agents, and volunteers as set forth in "Exhibit incorporated herein by this reference and expressly made 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with -7- 57 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 W 58 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 in 59 of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with -10- .E the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. -11- 61 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 LANCE, SOLL & LUNGHARD, LLP Attention: Jon McMillen, City Manager Attention: Ryan Domino, CPA, Partner 78495 Calle Tampico 203 N. Brea Blvd., Suite 203 La Quinta, California 92253 Brea, CA 92821 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- 62 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- 63 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CONTRACTING PARTY: Lance, Soll & Lunghard, LLP (LSL) By:_ Name: Title: By:_ Name: Title: -14- 64 Exhibit A Scope of Services Services to be Provided: a) City of La Quinta Annual Comprehensive Financial Report (ACFR) - The City expects the auditor to express an opinion on the fair presentation of its basic financial statements. The auditor is not required to express an opinion on the combining and individual non -major fund financial statements and schedules. However, the auditor is to provide an "in -relation -to" report based on the auditing procedures applied during the audit of the basic financial statements. Certain limited procedures should be applied to the supplementary information, management's discussion and analysis, and budgetary comparison information, but an expression of an opinion is not required. The auditor is not required to express an opinion on the introductory and statistical sections. b) Single Audit Act Report - The City receives federal funds which come under the provision of the Single Audit Act. The auditor is not required to audit the schedule of federal financial assistance. However, the auditor is to provide an "in -relation -to" report on that schedule based on the auditing procedures applied during the audit of the financial statements. This report must satisfy all requirements of the Federal Single Audit Act of 1996. c) GANN Limit - The auditor shall perform agreed -upon auditing procedures pertaining to the City's GANN Limit (Appropriations Limit) and render a letter to the City regarding compliance. d) Management Report - The auditor shall issue a separate management letter that includes recommendations and disclosures of material and non -material weakness for improvements on internal controls, accounting procedures, disclosure violations of finance related legal and contracted provisions, and other significant observations that are considered to be non -reportable conditions such as recommendations for financial and program management improvements. e) Presentation - The independent audit firm is expected to meet at least once each year with City Council to present and discuss the financial statements, management letter, and other relevant subjects. The independent audit firm is expected to meet at least once each year with the Financial Advisory Commission (FAC) to present and discuss the City financial statements as they relate to cash and investments and discuss any internal control weaknesses with the Commission. f) Updates - The independent audit firm is expected to keep the City, Housing Authority, Finance Authority, and Successor Agency staff abreast of new Exhibit A Page 1 of 3 Last revised summer 2017 65 developments affecting municipal finance and reporting, impact on accounting and reporting should the State of California impose state -mandated procedures, impacts of Government Accounting Standards Board disclosure requirements, required changes in grant procedures, and the like. g) State Controller's Report — The City requests that the annual State Controller's Report be completed with verification and confirmation by the City. h) Additional Consulting Hours - Included in the fee proposal shall be an additional 50 hours of partner/manager time budgeted for research and assistance to City staff concerning accounting and other technical matters each year. The topic areas might include tax questions, the review of bond documents, cost allocation programs, employee benefit programs, financial policies, cash flow projections, and training. It must be understood that these hours are above and beyond the professional times associated with the audit. 2. Auditing Standards: The City annually issues an Annual Comprehensive Financial Report (ACFR), a copy of the City's most recent ACFR can be found on the City's website at https://www.laquintaca.gov/business/finance/financial-statements. The City may receive Community Development Block Grant money and/or other financial assistance from the Federal Government and as such may issue a Single Audit Report. In addition, the activities of the La Quinta Financing Authority are included in the ACFR, but no Component Unit Financial Report (CUFR) is issued. The City, Housing Authority, Finance Authority, and Successor Agency expect an audit opinion for each of their financial reports to fairly represent their financial position and to conform with generally accepted accounting principles. The City and its Agencies expect the audit of each of their financial reports to be conducted in accordance with generally accepted auditing standards. The City expects the Single Audit, if required, to be conducted in accordance with U.S. Office of Management and Budget (OMB) Circular A-133 and related correspondence. The City requests a full scope audit of all fund types and account groups in accordance with generally accepted auditing standards. Audit services are desired for the City, Housing Authority, Successor Agency and Financing Authority on an annual basis as set forth above. Proposals shall include separate quotes for the City and its component units. The City's accounting personnel will provide assistance to the audit firm during the course of the audit. Cooperation may be expected in answering questions, preparing schedules for working papers, and preparing confirmations. The City would expect only reasonable requests for assistance from the auditing firm. City staff currently produces schedules and other backup for most balance sheet accounts at year end (accounts receivable listing, accounts payable listing, compensated absences Exhibit A Page 2of3 66 listing, bank reconciliations, schedule of fixed assets etc.). The auditor is expected to produce any other necessary schedules. City staff will help obtain any necessary information. The City will provide the auditor with reasonable work space, desks and chairs. The auditor will also be provided with access to an internet connection, photocopying facilities and fax/scanning machines to be used for the audit. 3. Reaorts to be issued: The auditor shall issue: a) A report of the fair presentation of the financial statements in conformity with generally accepted accounting principles, basic financial statements, including government -wide financial statements and fund financial statements, for all funds, and accompanying notes to the basic financial statements. b) A report on internal controls over financial reporting and on compliance and other matters based on an audit of the financial statements performed in accordance with Government Auditing Standards. c) A report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A-133. The independent audit firm shall print and bind the following financial reports by no later than December 15t" of each year: • City ACFR — 10 copies • Single Report Audit — 10 copies • Management Report —10 copies Exhibit A Page 3of3 67 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 five hundred twenty-four thousand and five hundred and forty Dollars ($524,540) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on an annual 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. City of La Quinta ACFR Audit Housing Authority Audit Finance Authority Audit Successor Agency Audit Single Audit" Gann Limit State Controller's Report Out -of -Pocket Expenses (Travel, Meals & Lodging, if necessary) SUBTOTAL FISCAL Additional Consulting Hours (-50 hrs) $72,810 $72,610 $72,810 $74,990 $77,240 included Included Included Included Included Included Included Included Included Included Included Included Included Included Included $7,800 $7,800 $7,800 $8,030 $8,270 $690 $690 $690 $710 $730 $4,990 $4,990 $4,990 $5,140 $5,290 $11,000 $1,000 $1,000 $1,030 $1,060 $15,750 $15,750 $115,750 $16,220 $16,710 *Price includes I maior program. Each additional program is $3,000. DISCOUNTED HOURLY BILLING RATES Partner $315 $315 $315 $330 $340 Senior Manager $236 $236 S236 S250 $260 Manager $201 $201 3201 S210 $220 Supervisor $176 $175 S175 S190 $200 Senior $156 $156 S158 S170 $160 Experienced Staff $131 $131 S131 S14C $150 Staff $114 $114 S114 S12C $130 Clerical $96 $96 $96 51CC $110 Exhibit B Page 1 of 1 68 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. Annually, the following items are to be completed: Description Deadline Interim audit field work May/June Final audit fieldwork September/October Annual Comprehensive Financial Statements December 15t" Management Report December 15t" Single Audit Report December State Controller's Report January City Council Presentation January/February Financial Advisory Commission Presentation January/February Exhibit C Page 1 of 1 None Exhibit D Special Requirements Exhibit D Page 1 of 1 70 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 71 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 72 e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the Exhibit E Page 3 of 6 73 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 74 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 75 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 76 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 77 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 78 City of La Quints CONSENT CALENDAR ITEM NO. 5 CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH CLEARGOV, INC. FOR BUDGETING AND FINANCIAL TRANSPARENCY SOFTWARE RECOMMENDATION Approve Agreement for Contract Services with ClearGov Inc. for budgeting and financial transparency software; and authorize the City Manager to execute the agreement. EXECU FIVE SUMMARN • The City's current budget process is dependent on manual, labor-intensive, and time-consuming processes, and is in need of a compreshensive web -based solution. • In 2023, staff researched and participated in demonstrations from various software companies, and determined that ClearGov would best suit the City's needs. • The proposed Agreement for Contract Services (Agreement) with ClearGov will provide a modern, cloud -based budgeting and financial transparency software, which will increase efficiencies and offer opportunities for public engagement. FISCAL IMPACT If approved, the Agreement with ClearGov will be for a three-year term, from July 1, 2023, through June 30, 2026, for a total not to exceed amount of $112,509, as detailed below. Funds are available in fiscal year (FY) 2023/24 in Software Licences Account No. 502- 0000-60301, and will be budgeted according to the Agreement for future fiscal years. Term Services Cost FY 2023/24 Implementation $12,000 waived FY 2023/24 Subscription $36,400 FY 2024/25 Subscription $37,492 FY 2025/26 Subscription $38,617 3-Year Term: Grand Total: $112,509 BACKGROUND/ANALYSIS The City is committed to fiscal responsibility through open and transparent budget practices. The City's annual budget is an important policy document that guides the operations and financial well-being of the City, thus, it is imperative that it be easily 79 accessible to the public and present complex fiscal data in a clear and easy -to -understand format. The City's current budget process is dependent on Excel spreadsheets, PDF, and Word documents which are manual, labor-intensive, and time-consuming processes. A comprehensive web -based solution to replace these outdated budgeting and planning processes is needed. Staff researched and participated in demonstrations with various software companies, and selected ClearGov to provide a modern cloud -based budgeting and financial transparency software based on its capabilities, properties, and its ability to integrate with the City's existing financial system for data transfer. In July 2023, the City executed a one-year agreement with ClearGov to implement and test the product before committing long-term, which included a $12,000 setup fee and a $36,400 annual subscription. ClearGov has offered to waive the setup fee and to limit the annual subscription cost increases at 3% annually if the City commits to a three-year term, from July 1, 2023, through June 30, 2026, for a total not to exceed amount of $112,509. ClearGov, a budget module made specifically for local governments, will enable staff to achieve significant efficiencies and collaboration, and increase financial transparency for the public. It meets the Government Finance Officer Associations (GFOA) award criteria by delivering financial data in easy -to -understand charts that demonstrate trends, as well as providing opportunities for public engagement. ClearGov will provide a web -based portal for all aspects of the budget process: • Operational Budgeting — operating budget history and forecasting • Capital Budgeting — capital improvement plan • Digital Budget Book — digital budget document viewing • ClearPlans — strategic plan development • Transparency — demographics, charts, citizen engagement, etc. ALTERNATIVES Council may not approve the recommendation and request Staff reevaluate alternative services. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Agreement for Contract Services with ClearGov Inc. 80 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 ClearGov Inc. with a place of business at 2 Mill & Main, Suite 630 Maynard, MA 01754 ("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 budgeting and transparency software for the City's budget and strategic planning process, 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 81 performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. -2- 82 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 one -hundred and twelve thousand, five hundred and nine Dollars ($112,509), (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 -3- 83 greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties ("Extended Term"), and executed in writing. 4. 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 me 84 Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) ClearGov Inc. 2 Mill & Main, Suite 630 Maynard, MA 01754 ATTN: Joe Eiskant, Market Development Executive (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: Claudia Martinez, Finance Director 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 Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. -5- 85 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the M 86 Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with -7- 87 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 W 88 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 in 89 of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with -10- 90 the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. -11- 91 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 ClearGov Attention: Jon McMillen, City Manager Attention: Joe Eiskant 78495 Calle Tampico Market Development Executive La Quinta, California 92253 2 Mill & Main, Suite 630 Maynard, MA 01754 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- 92 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- 93 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CONTRACTING PARTY: CITY OF LA QUINTA, ClearGov Inc. a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: -14- 94 Exhibit A Scope of Services Services to be Provided: Contracting Party shall provide Budgeting and transparency software for the City's budget and strategic planning process to include the following modules: - Operational Budgeting - Capital Budgeting - Digital Budget Book - ClearPlans - Transparency Exhibit A Page 1 of 1 Last revised summer 2017 95 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 and twelve thousand, five hundred and nine Dollars ($112,509) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on a yearly 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. Exhibit B Page 1 of 1 96 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 97 None Exhibit D Special Requirements Exhibit D Page 1 of 1 98 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 99 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 6 100 e. Liability arising from the failure to render professional services. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the Exhibit E Page 3 of 6 101 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 6 102 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 6 103 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 6 104 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 2 105 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 2 106 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TIT' ALLOCATE ADDITIONAL FUNDS, APPROVE CHANGE ORDER NO. 3 WITH GRANITE CONSTRUCTION COMPANY, AND ACCEPT FRED WARING DRIVE PAVEMENT REHABILITATION PROJECT NO. 2022-03 LOCATED FROM WASHINGTON STREET TO ADAMS STREET RECOMMENDATION Allocate additional funds in the amount of $1,678; approve Change Order No. 3 with Granite Construction Company; accept the Fred Waring Drive Pavement Rehabilitation Project No. 2022-03 as complete; and authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder. EXECUTIVE SUMMARY • The project included pulverizing and replacing the pavement on the northbound portion of Washington Street from Avenue 48 to Caleo Bay and on Fred Waring Drive from Washington Street to Adams Street, including curb ramp replacement (Attachment 1). • Change Order No. 3 allows for time and materials for emergency removal of unsuitable material as it was deemed a safety issue to the public. • The work is complete and Council acceptance will close the contract and allow final payment. FISCAL IMPACT Allocate additional funds in the amount of $1,678 from the reoccurring Pavement Management Program, 23/24 PMP. The followinq is the financial accounting for Proiect No. 2022-03: Original Contract Amount $2,207,022 Contract Change Orders No. 1-2 $32,765 Anticipated Change Order No. 3 $182,907 Final Contract Amount $2,422,694 Project Budget $ 2,456,421 Final Contract Amount ($ 2,422,694) Design & Professional Costs ($ 18,835) Inspection, Survey, Plans, & Other Construction Costs ($ 16,570) Anticipated Funds Remaining* ($ 11678) * All costs to date have been accounted for and no further costs are anticipated. 107 BACKGROUND/ANALYSIS On July 18, 2023, Council awarded a $2,207,022.00 contract to Granite Construction Company. On October 26, 2023, a Notice to Proceed was issued with a 20-working day completion time starting on October 27, 2023, and ending on November 28, 2023. The project was deemed substantially complete on December 8, 2023. No liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued for restriping, traffic control adjustments, and striping changes. Contract Change Order No. 2 was issued for time and materials for work done at Adams Street corner. Staff recommends the authorization of Contract Change Order No. 3 which allowed for time and materials of emergency removal of unsuitable material. During the course of construction on Washington Street, unstable soil (clay) was encountered. The Contractor was unable to meet the required compaction which required the unsuitable material to be removed and replaced with a combination of concrete slurry and aggregate base. Time was considered of the essence since the construction required two lanes to be closed on the heavily traveled Washington Street. The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Change Order No. 3 108 Vicinity Map ATTACHMENT 1 Fred Waring Drive Pavement Rehabilitation Legend Blueline Streams City Areas World Street Map Notes Projects 2022-03 'IMPORTANT" Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no RC T warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of 0 6,019 12,037 Feet the user. REPORT PRINTED ON...5/4/2023 11:56:05 PM © Riverside County GIS 109 ATTACHMENT 2 Cv "&a CALIFORNIA CONTRACT: Fred Waring Drive Pavement Rehabilitation PROJECT #: 2022-03 CONTRACTOR: Granite Construction Company 38000 Monroe Street Indio, CA 92203 CONTRACT CHANGE ORDER NO. 3 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for Time and Materials of emergency removal of unsuitable material Total $ 182,906.97 Original Contract Amount $ 2,207,022.00 Change Orders No. 1 & 2 $ 32,765.13 Add This Change Order No. 3 $ 182,906.97 Revised Contract Total $ 2,422,694.10 By reason of this contract change order the time of completion is adjusted as follows: - 0 - days added to contract time. The contract completion date shall be: 12/08/2023 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: Date: CONSENT CALENDAR ITEM NO. 7 City of La Quinta CITY COUNCIL MEE I INC3: APRIL 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE SUBSCRIPTION AGREEMENT WITH DELL MICROSOFT LICENSING TO PURCHASE MICROSOFT 365 LICENSES RECOMMENDATION Approve subscription agreement with Dell Microsoft Licensing to purchase Microsoft 365 licenses; and authorize the City Manager to execute the agreement. XECUTIVE SUMMARY The City continues to use Microsoft products and has been satisfied with the products' reliability. • Microsoft 365 is the foundation of the City's communication infrastructure that provides enhanced security features, productivity, and collaboration tools. • This proposed subscription agreement with Dell Microsoft Licensing (Dell) provides for the purchase of 180 licenses with accompanying security and active directory integration to meet staff needs throughout the organization for a three-year term. FISCAL IMPACT The proposed subscription agreement for 180 licenses is $132,612 (Attachment 1). A contingency of $20,000 is budgeted to allow for the purchase of additional licenses if needed during the three-year term, including upgrading of existing licenses for security reasons. If approved, funds will be budgeted in the Information Technology Fund (502- 0000-60301, Software Licenses). BACKGROUND/ANALYSIS The City continues to use Microsoft products' and have been satisfied with its reliability, security features, productivity, and collaboration tools. In March 2021, the City entered into a 3-year subscription agreement with Dell for the licensing of both Microsoft Office 365 and Azure Active Directory. Staff and Managed Information Technology Services provider, Acorn Technology Group, evaluated the City's licensing and service needs to negotiate the proposed subscription agreement with Dell at $44,054 per year for a 3-year term. ALTERNATIVES As these services are essential for City Hall's communication infrastructure, staff does not recommend an alternative. Prepared by: Doug Kinley, Management Analyst Approved by: Jon McMillen, City Manager Attachment: 1. Dell Enterprise Agreement Quote for Licenses 112 ATTACHMENT 1 On 1 Customer: City of La Quinta Contract: Riverside County Master Agreement - 8084445 Microsoft Enterprise Agreement (EA) #: Renewal of 6231150 (Expires 313112024) Jell Cl.s:o-nor Conf dentiM Quotation Date of Issue: 3/23/2024 Quote Expires: 4/5/2024 PLEASE SEE IMPORTANT TERMS AND CONDITIONS AT THE BOTTOM OF THIS QUOTATION Sam Andrews sam.andrews@dell.com 512.720.4469 Section 1- Licenses and Software Assurance Product Description Mfg# Quantity Unit Price Ext. Price (NONE) Annual Payment Section 1: $0.00 Section 2- Monthly Subscriptions Product Description Mfg# Quantity Months Unit Price Ext. Price Enterprise Online Services Products 0365 G3 GCC Sub Per User AAA-11894 163 12 $20.13 $39,374.28 0365 G1 GCC Sub Per User U4S-00002 14 12 $8.06 $1,354.08 Additional Online Services Products Defender 0365 P1 GCC Sub Per User 3GU-00001 180 12 $1.49 $3,218.40 Exchange Online P1 GCC Sub Per User 3MS-00001 3 12 $2.98 $107.28 Teams AC with Dial Out US/CA GCC Sub Add -on NYH-00001 177 12 $0.00 $0.00 $0.00 Annual Payment Section 2: $44,054.04 Notes: Total Annual Payment Yr 1 Total Annual Payment Yr 2 Total Annual Payment Yr 3 Total of 3 years of Payments $44,054.04 $44,054.04 $44,054.04 $132,162.12 Notes: n1 cllstorrlera jMl naae is ambiecl to Del I's Terms and Condl[lona of sale round 40 Ail prouuot deacripuon8 and prices are oaaad on latest Inronnallon avallabl6 al www.de■.corn. un ICUB10nl9r has a ae p are to puroh aae agreement wItn DEAL and are sumjmt to onangs without nonce or obligation. 5I All prlom are baSetl on Hat ao Terms. IF not shown. eh 1pp lny], handling, 21 Salealu%s tax Is baSetl am the °%hip to- address on your In vaim. Plaaab taxee, and other Teas will tie added at the tine Dl User. where appl=Iale. lndlcats your laaa4ElLy %talus am you r pu nohme artlar.lTe [Hl, C ustc mer must have an Exempll%n CertIDcate on nl%. 6I Cuatorn sr underats nde an tl ac k-ledges that all warrantles. reprmentatlone and returns are autijmt to the man uracturer, publ lsher or 7I if you Rake a question re: your tall atatua, please cdntaot ywr Deg I ASAP distributor gulde lines. SOTtware Inside salsa rapraaentative Ileted auS ove.hlp merle ip CallrwNa: Tor certain products. a State Environmental Fee or up to tic per Item may be ap piled toyou r I n voloe. Prices tlo in of renect th In roe u inIms not%d_ For mor e Inrormatlon, raTer to "w.tlell.mWenviron mentalrae. 113 114 CONSENT CALENDAR ITEM NO. 8 City of La Quinta CITY COUNCIL MEETIN( April 16, 2024 STAFF REPORT AGENDA` TITLE: ADOPT RESOLUTION APPROVING AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT WITH VISIT GREATER PALM SPRINGS RECOMMENDATION Adopt resolution approving an amendment to the Second Amended and Restated Joint Powers Agreement with Visit Greater Palm Springs; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • Visit Greater Palm Springs (VGPS), formerly the Greater Palm Springs Convention and Visitors Bureau (CVB) is a joint powers authority operating under the Joint Exercise of Powers Act. • VGPS promotes and enhances the hospitality, convention, and tourism industry in the Coachella Valley to the benefit of its member agencies and organizations, and their residents. • On March 5, 2024, Council adopted Resolution No. 2024-006, approving the Second Amended and Restated Joint Powers Agreement (2nd Amendment), which was approved by the VGPS Executive Committee on February 29, 2024. • On March 29, 2024, the VGPS Executive Committee approved an amendment to the Second Amended and Restated Joint Powers Agreement, which requires Council approval. FISCAL IMPACT The proposed amendment includes the addition of a one-time Initial Membership Fee for new VGPS members, consisting of an Entry Fee and Operation Fee, and a minimum Annual Contribution from all members. The Annual Contribution would be the greater of either 1) $35,000, or 2) the applicable contribution amounts based on the formula set forth in the 2nd Amendment, calculating Gross Room Rental Revenue for Lodging Establishments and Conventional Hotels, as shown in Exhibit A of the attached resolution. 115 As the City has been a member since 1989, the entry fee would not apply; and generally, the City's annual contributions exceed the minimum threshold of $35,000, and there is no proposed change to the percentage of Gross Room Rental Revenue, thus it is unlikely that the City's annual contributions would be affected. BACKGROUND/ANALYSIS VGPS, formerly the CVB, was formed in 1989 to promote and enhance the hospitality, convention, and tourism industry in the Coachella Valley. Its operative legal document is the Joint Powers Agreement (JPA), executed in 1989 and subsequently amended on multiple occasions, including on or about June 18, 2002, and most recently on or about January 20, 2016. On March 5, 2024, Council adopted Resolution No. 2024-006 approving the 2na Amendment which was approved by the VGPS Executive Committee on February 29, 2024, via Resolution No. JPA 2024-002, which amended and added various sections of the JPA, briefly summarized below: • Amend Section 3 (Purpose) — to revise the purpose set forth in the JPA to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy. • Amend Section 8 (Additional Member) — to include the City of Coachella as a VGPS Member. • Amend Section 10 (JPA Executive Committee — Powers and Duties) — to expand the territorial boundaries of the JPA to include the City of Coachella. • Amend Section 11 (Territorial Boundaries) — to create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA. • Add Section 24 Voting — to note that each JPA Member shall have an equal vote; motions considered by the JPA Executive Committee shall require majority of votes cast (more than half) to pass a motion; and in the event of a tie vote, the motion before the JPA Executive Committee shall be deemed defeated. • Amend language throughout for necessary updates and consistency. Section 24 of the 2016 JPA provides that the JPA may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the VGPS members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable law. Section 24 has been renumbered to Section 27 in the 2nd Amendment. 116 On March 29, 2024, the VGPS Executive Committee approved an amendment to the 2nd Amendment, via Resolution No. JPA 2024-003, to amend Section 12 (Contributions) to add: • Subsection (a) — a one-time Initial Membership Fee consisting of an Entry Fee and Operation Fee; and • Subsection (b) — an annual contribution from each VGPS Member of either 1) minimum $35,000 each year, or 2) the applicable contribution amounts set forth in the JPA formula of Gross Rental Room Revenue for Lodging Establishments and Convention Hotels, whichever is greater. In accordance with the JPA, the proposed amendment to the 2nd Amendment requires Council approval, as La Quinta is a member agency. ALTERNATIVES Council may elect not to adopt the proposed resolution approving the Amended 2nd Amendment, or approve it with modifications. Prepared by: Oscar Mojica, Permit Technician Approved by: Monika Radeva, City Clerk Attachment: 1. VGPS Resolution No. JPA 2024-003 and staff report 117 RESOLUTION NO. 2024 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT WITH VISIT GREATER PALM SPRINGS, FORMERLY GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU WHEREAS, Visit Greater Palm Springs (VGPS), formerly the Greater Palm Springs Convention and Visitors Bureau (CVB), is a Joint Powers Authority operating under the Joint Exercise of Powers Act (California Government Code Section 6500 et seq.), located in the County of Riverside, State of California; and WHEREAS, the VGPS was formed in 1989 and the operative legal document governing the VGPS as a joint powers authority is the Joint Powers Agreement (JPA), originally executed in 1989 and subsequently amended on multiple occasions, including on or about June 18, 2002, and most recently on or about January 20, 2016; and WHEREAS, Section 24 of the JPA provides that the JPA may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the VGPS members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable law; Section 24 has been renumbered to Section 27 in the Second Amended and Restated JPA; and WHEREAS, Section 3 (Purpose) of the JPA provides that the purpose of the VGPS is to form a joint powers authority to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley, and to attract visitors from national and international markets, all to the benefit of the VGPS Members and their constituents; and WHEREAS, Section 8 (Additional Members) of the JPA provides that additional VGPS Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as VGPS Members at any time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the VGPS Members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws; and WHEREAS, Section 10 (JPA Executive Committee — Power and Duties) of the JPA currently authorize the JPA Executive Committee to appoint an advisory board (known as the Board of Directors) to conduct certain activities on behalf of the JPA; the JPA Executive Committee determines that it is in the best interest of the JPA to create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA as further set forth below; and 118 Resolution No. 2024 — XXX Visit Greater Palm Springs — Amendment to Second Amended and Restated Joint Powers Agreement (formerly the Greater Palm Springs Convention and Visitors Bureau) Adopted: April 16, 2024 Page 2 of 4 WHEREAS, Section 11 (Territorial Boundaries) of the JPA provides that VGPS territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert, and Rancho Mirage, as depicted in Exhibit A of the JPA. The territorial boundaries of VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote of the VGPS Members' legislative bodies; and WHEREAS, Section 12 (Contributions) of the JPA sets forth the contribution amounts for JPA Members' participation in the JPA. Pursuant to the JPA, the contribution amounts may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies; and WHEREAS, on February 29, 2024, the VGPS Executive Committee adopted Resolution No. JPA 2024-002 approving the Second Amended and Restated JPA, and incorporated herewith by this reference, to: (1) Amend Section 3 (Purpose) — to revise the purpose set forth in the JPA, to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy; and (2) Amend Section 8 (Additional Members) — to include the City of Coachella as a VGPS Member; and (3) Amend Section 10 (JPA Executive Committee — Power and Duties) — to expand the territorial boundaries of the JPA to include the City of Coachella; and (4) Amend Section 11 (Territorial Boundaries) — to create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA; and (5) Add Section 24 (Voting) — to note that each JPA Member shall have an equal vote; motions considered by the JPA Executive Committee shall require majority of votes cast (more than half) to pass a motion; and in the event of a tie vote, the motion before the JPA Executive Committee shall be deemed defeated; and (6) Amend language throughout for necessary updates and consistency; and WHEREAS, on March 5, 2024, the City Council of the City of La Quinta, adopted Resolution No. 2024-006 approving the Second Amended and Restated JPA, as outlined in the recital above; and WHEREAS, on March 29, 2024, the Executive Committee adopted Resolution No. JPA 2024-003 approving an amendment to the Second Amended and Restated JPA, enclosed as Exhibit A, and incorporated herewith by this reference to: am Resolution No. 2024 — XXX Visit Greater Palm Springs — Amendment to Second Amended and Restated Joint Powers Agreement (formerly the Greater Palm Springs Convention and Visitors Bureau) Adopted: April 16, 2024 Page 3 of 4 (7) Amend Section 12 (Contributions) to add the following subsections: (a) Initial Membership Fee — consisting of an Entry Fee and Operation Fee based on the calculations set forth in Section 12(a) as detailed in Exhibit A; and (b) Annual Contribution — to note that each VGPS Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in formula of Gross Room Rental Revenue for Lodging Establishments and Convention Hotels, as set forth in Section 12(b) as detailed in Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The recitals set forth hereinabove are true and correct; constitute the findings of the City Council; and are incorporated herewith by this reference. SECTION 2. The City Council hereby approves the amendment to the Second Amended and Restated Joint Powers Agreement with Visit Greater Palm Springs attached hereto as Exhibit A; and the City Manager is authorized to execute this agreement. SECTION 3. All provisions of any prior resolutions or agreements that are in conflict with the provisions of this resolution are hereby repealed. SECTION 4. This Resolution shall be in full force and effect upon this adoption and the Second Amended and Restated Joint Powers Agreement shall take effect upon execution by all of its members. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16t" day of April 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 120 Resolution No. 2024 — XXX Visit Greater Palm Springs — Amendment to Second Amended and Restated Joint Powers Agreement (formerly the Greater Palm Springs Convention and Visitors Bureau) Adopted: April 16, 2024 Page 4 of 4 LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 121 Resolution No. 2024—XXX EXHIBIT A Visit Greater Palm Springs — Amendment to Second Amended and Restated Joint Powers Agreement (formerly the Greater Palm Springs Convention and Visitors Bureau) Adopted: April 16, 2024 VISIT GREATER PALM SPRINGS JOINT POWERS AGREEMENT ("Second Amended and Restated Agreement") A California Joint Powers Authority Created Pursuant to California Government Code Section 6500 et seq. 2024 122 TABLE OF CONTENTS RECITALS........................................................................................................................... 1 AGREEMENT..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals................................................................. 3 Section3 Purpose............................................................................................ 3 Section4 Name................................................................................................ 3 Section 5 First Amended and Restated Agreement Superseded — Effective Date 3 Section 6 Termination...................................................................................... 3 Section7 JPA Members.................................................................................. 4 Section 8 Additional Members........................................................................ 4 Section 9 Governing Body............................................................................... 4 Section 10 JPA Executive Committee — Powers and Duties ............................. 4 Section 11 Territorial Boundaries...................................................................... 5 Section 12 Contributions................................................................................... 6 Section 13 Withdrawal...................................................................................... 6 Section14 Separate Entity................................................................................. 6 Section 15 Powers of the JPA............................................................................ 7 Section16 Power to Invest................................................................................ 9 Section17 Bonding........................................................................................... 9 Section 18 Treasurer and Auditor — Designations ............................................. 9 Section 19 Treasurer — Duties and Responsibilities ........................................... 9 Section 20 Independent Audit......................................................................... 10 123 Section 21 Auditor's Duties............................................................................. 10 Section 22 Severability.................................................................................... 10 Section23 Waiver........................................................................................... 10 Section 24 Amendments.................................................................................. 10 Section 25 Ambiguities or Uncertainties......................................................... 11 Section 26 Applicable Law.............................................................................. 11 Section27 Venue............................................................................................. 11 Section28 Notices........................................................................................... 11 Section 29 Counterparts................................................................................... 12 Section 30 Privileges and Immunities............................................................. 12 EXHIBIT A Territorial Boundaries .......................................................................................................... 16 124 This Second Amended and Restated Joint Powers Agreement (this "Agreement") is entered into by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code. The Joint Powers Authority is known as "Visit Greater Palm Springs" ("VGPS"). The parties to this Agreement are individually referred to herein as "JPA Member" and collectively as "JPA Members." RECITALS WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority ("JPA"); and WHEREAS, the JPA Members entered into the original joint powers agreement on February 8, 1989, to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world- wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the JPA Members have in common; and WHEREAS, it is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Joint Powers Agreement, dated January 20, 2016, including any subsequent amendments ("First Amended and Restated Agreement"), and shall restate, amend and supersede the First Amended and Restated Agreement in its entirety as of the Effective Date; and WHEREAS, on or about , 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and WHEREAS, on or about , 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement. NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree as follows: 125 AGREEMENT Section 1. Definitions The following words, terms and phrases shall have the following meanings: "Additional JPA Members" shall mean qualified municipalities that may be added as members of JPA as described in Section 8. "Board of Directors" shall mean the Board of Directors of the Greater Palm Springs Business Alliance ("GPSBA") comprised of persons associated with the local hospitality industry for the purposes described in Section 10. "Convention Hotel" shall mean a hotel, motel or similar property with 50 rooms or greater. "Joint Exercise of Powers Act" shall mean California Government Code sections 6500-6536. "JPA" shall mean the Joint Powers Authority and may also be referred to herein as VGPS. "JPA Executive Committee" shall mean the JPA's governing body formed for the purposes and having the powers and duties set forth in Section 10. "JPA Member" shall mean a municipality that is party to this Agreement. "JPA Members" shall mean, collectively, the municipalities that have entered into this Agreement. "JPA Member Contributions" shall mean the annual contribution amounts duly established pursuant to Section 12. "Lodging Establishments" shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, public or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax. "Partner" shall mean a non -governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement. "President and Chief Executive Officer" shall mean the individual employed by VGPS, who is responsible for professionally supervising, managing, and administering VGPS's day- to- day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement. "TBID" shall mean Tourism Business Improvement District assessment. "Technical Advisory Committee" or "TAC" shall mean the committee which may be 126 appointed by a majority vote of VGPS's JPA Executive Committee for the purposes described in paragraph (d) of Section 10. "Treasurer" shall mean the individual appointed by VGPS's JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor. "VGPS Fiscal Year" shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year. "Visit Greater Palm Springs" or "VGPS" shall mean the Joint Powers Authority formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside. Section 2. Incorporation of Recitals The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein. Section 3. Purpose The purpose of VGPS is to benefit all JPA Members and their constituents by jointly: (a) Marketing, attracting, encouraging, promoting, and doing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to attract visitors from national and international markets; and (b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley. Section 4. Name The name of the JPA shall be "Visit Greater Palm Springs" ("VGPS") or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote of the entire JPA Executive Committee. Section 5. First Amended and Restated Agreement Superseded - Effective Date It is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Agreement and shall restate, amend and supersede the First Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the JPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the JPA Members' legislative bodies ("Effective Date"). Section 6. Termination 127 (a) This Agreement may be terminated by unanimous vote of all the JPA Members' legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a JPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing JPA Member as described in Section 13; and (b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the JPA Members' treasuries in proportion to the JPA Member Contributions made by the respective JPA Member to the JPA. (c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA pension plan and other post -employment benefit liabilities shall be assumed by JPA Members. The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met. Section 7. JPA Members The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside. Section 8. Additional Members Additional JPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as JPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws. Section 9. Governing Body (a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: (i) a duly elected or appointed council member of each city JPA Member; and (ii) a member of the Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the JPA Member Contributions, as set forth in this Agreement, shall be entitled to vote. Section 10. JPA Executive Committee - Powers and Duties The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business of the JPA, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following: (a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee; 128 (b) Approve and adopt a budget for the JPA prior to the commencement of the JPA's subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee; (c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time. Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee. (d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member employed by each JPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on; (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and (f) Create any committees, sub -committees, and advisory committees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement. (g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City of Rancho Mirage in the exercise of similar powers. Section.11 Territorial Boundaries The JPA's territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Springs, 129 Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote ofthe JPA Members' legislative bodies. Section 12. Contributions (a) Initial Membership Fee. Each new JPA Member shall pay to the JPA a one -(I) time entry fee and operation fee calculated as follows: (i) Entry Fee: The "Entry Fee" shall be calculated by multiplying the new JPA Member's current fiscal year's gross revenue estimate by .55%. (ii) Operation Fee: The "Operation Fee" shall be calculated by multiplying the Entry Fee by 15.62%. The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA. (b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies. JPA Members' legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS. A contribution from each ofthe JPA Members is a funding mechanism equal to: .0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and .0035 x Gross Room Rental Revenue for Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members. Section 13. Withdrawal Any Party may withdraw as a JPA Member and the obligations under this Agreement subject to the following conditions: (a) The withdrawing JPA Member's legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice of Withdrawal. (b) The effective date of withdrawal shall always be the last day of the VGPS' s Fiscal Year. (c) All JPA Member Contributions must be paid in full by the withdrawing JPA Member through the end of the current VGPS Fiscal Year of the year when the withdrawing JPA Member provides its Notice of Withdrawal as well as the following VGPS Fiscal Year. (d) After giving notice of withdrawal, a withdrawing JPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through 130 the effective date of withdrawal. (e) A withdrawing JPA Member may again become a parry to this Agreement on condition that it pays to the treasury of the VGPS an amount equal to all JPA Member Contributions which the withdrawing JPA Member would have been required to pay if it had not withdrawn from participation. (f) Partners within the territorial boundaries of the VGPS may remain active Partners as long as their respective government entity is a JPA Member and during the period of their JPA Member's withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA. Section 14. Expulsion/Withdrawal A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee. Section 15, Separate Entity Except for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one JPA Member except that any JPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA. Section 16. Powers of the JPA Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following: (a) The power to make, enter into and perform all necessary contracts; (b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties; (d) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services; (e) The power to acquire, construct, manage, maintain or operate any building, 131 works or improvements; (f) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA; (g) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA; (h) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA; (i) The power to donate any surplus real or personal property to any public agency or nonprofit organization; 0) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (k) The power to raise revenue for any public purpose consistent with the JPA's purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq; (1) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this Agreement by the JPA Members constitutes consent to: (i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the VGPS in connection with formation of the said district ("2013 TMD"); and (ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels; (iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 ("2021 TBID") and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals; (m) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA; (n) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA; 132 (o) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the Government Code; et seq.; (p) The power to provide insurance pursuant to section 989 of the Government Code (q) The power to sue and be sued in the name of the JPA; (r) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110; (s) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA; (t) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA; (u) The power to lobby on behalf of tourism and economic development; (v) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the tourism and economic development industry; and (w) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws. Section 17, Power to Invest Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601. Section 18, Bonding Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee: (a) President/Chief Executive Officer; (b) Director of Finance; and 133 (c) Treasurer. Section 19. Treasurer and Auditor - Designations Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately. Section 20. Treasurer - Duties and Responsibilities Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following: (a) Receive and receipt (account) for all money of the JPA and place it in the treasury of the Treasurer so designated to the credit of the JPA; (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; (c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA; (d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and (e) Verify and report in writing no less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties financial statement of activities for the year. Section 21, Independent Audit Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code. Section 22. Auditor's Duties The Auditor shall perform the following duties: (a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA; (b) Review and approve all demands listed on the Warrant Registers prior to submittal to the JPA Executive Committee; (c) Review payroll registers at least monthly; (d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in 134 the reports; (e) Review investments made by the President or Treasurer; (f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and (g) Assist staff in the selection of the Certified Public Accounting firm. Section 23, Attorney's Fees In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding. Section 24. Voting Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than half) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated. Section 25. Severability If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 135 Section 26. Waiver All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action. Section 27. Amendments This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws. Section 28. Ambiguities or Uncertainties The JPA Members have mutually negotiated the terms and conditions of this Agreement and each JPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of all JPA Members and none of the JPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any JPA Member. Section 29. Applicable Law This Agreement shall be construed and enforced in accordance with the laws of the State of California. Section 30. Venue In the event that suit is brought by any party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California. Section 31, Notices Any notice or communication required hereunder between the JPA and the JPA Members shall be in writing and may be given either personally or by registered mail, return - receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any parry hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: 136 City of Cathedral City City of Coachella 68700 Avenida Lalo Guerrero 53990 Enterprise Way Cathedral City, CA 92234 Coachella, CA 92236 Attention: City ManagerAttention: City Manager City of Desert Hot Springs City of Indian Wells 11999 Palm Drive 44950 Eldorado Drive Desert Hot Springs, CA 92240 Indian Wells, CA 92210 Attention: City ManagerAttention: City Manager City of Indio City of La Quinta 100 Civic Center Mall 78495 Calle Tampico Indio, CA 92201 La Quinta, CA 92253 Attention: City ManagerAttention: City Manager City of Palm Desert City of Palm Springs 73510 Fred Waring Drive 3200 East Tahquitz Canyon Way Palm Desert, CA 92260 Palm Springs, CA 92262 Attention: City ManagerAttention: City Manager City of Rancho Mirage County of Riverside 69825 Highway 111 County Administration Center Rancho Mirage, CA 92270 4080 Lemon Street Attention: City Manager Riverside, California 92501 Attention: County Clerk Section 32, Counterparts This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument. Section 33. Privileges and Immunities Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 137 IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement. CITY OF CATHEDRAL CITY CITY OF COACHELLA Mark Carnevale, Mayor Dated: Steven Hernandez, Mayor Dated: Charlie McClendon, City Manager ATTEST: Gabriel Martin, City Manager ATTEST: Tracey R. Hermosillo, City Clerk APPROVED AS TO FORM: Angela M. Zepeda, City Clerk APPROVED AS TO FORM: Eric S. Vail, City Attorney Carlos Campos, City Attorney CITY OF DESERT HOT SPRINGS CITY OF INDIAN WELLS Scott Matas, Mayor Dated: Greg Sanders, Mayor Dated: Frank Luckino, City Manager ATTEST: Christopher Freeland, City Manager ATTEST: Daniel McVey, City Clerk APPROVED AS TO FORM: Angelica Avila, City Clerk APPROVED AS TO FORM: Jennifer Mizrahi, City Attorney Todd Leishman, City Attorney 138 CITY OF INDIO CITY OF LA QUINTA Guadalupe Ramos Amith, Mayor Dated: Linda Evans, Mayor Dated: Bryan Montgomery, City Manager ATTEST: Jon McMillen, City Manager ATTEST: Cynthia Hernandez, City Clerk APPROVED AS TO FORM: Monika Redeva, City Clerk APPROVED AS TO FORM: Steven P. Graham, City Attorney William H. Ihrke, City Attorney CITY OF PALM DESERT CITY OF PALM SPRINGS Karina Quintanilla, Mayor Dated: Jeffrey Bernstein, Mayor Dated: Todd Hileman, City Manager ATTEST: Scott Stiles, City Manager ATTEST: Anthony Mejia, City Clerk APPROVED AS TO FORM: Brenda Pree, City Clerk APPROVED AS TO FORM: Isra Shah, City Attorney Jeffrey Ballinger, City Attorney 139 CITY OF RANCHO MIRAGE Steve Downs, Mayor Dated: Isaiah Hagerman, City Manager ATTEST: Kristie Ramos, City Clerk APPROVED AS TO FORM: Steven B, Quintanilla, City Attorney COUNTY OF RIVERSIDE Chuck Washington, Chairman Jeff Van Wagenen, County Executive Manager ATTEST: Kimberly A. Rector, Clerk of the Board APPROVED AS TO FORM: Minh Tran, County Counsel 140 EXHIBIT A TERRITORIAL BOUNDARIES 141 DocuSign Envelope ID: 1D90OB47-CD2B-49FF-AOAC-ED2FF9FAD161 ATTACHMENT 1 JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE Gary Gardner, Chair RESOLUTION NO. JPA 2024-003 City of Desert Hot Springs Waymond Fermon, Vice Chair A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE City of Indio OF VISIT GREATER PALM SPRINGS APPROVING AN AMENDMENT TO SECTION 12 OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT Mark Carnevale REGARDING CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY City of Cathedral City MEMBERS Greg Sanders City of Indian Wells WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority ("JPA") Linda Evans operating under the Joint Exercise of Powers Act (California Government Code City of La Quinta §§6500 et seq.), located in the County of Riverside, State of California; and Jan Harnik City of Palm Desert WHEREAS, the JPA Executive Committee serves as the governing body of Jeffrey Bernstein VGPS; and City of Palm Springs Steve Downs City of Rancho Mirage WHEREAS, the JPA Executive Committee adopted the Joint Powers Agreement V. Manuel Perez ("Amended and Restated Agreement") on January 20, 2016 ("JPA Agreement"); County of Riverside and WHEREAS, section 12 of the JPA Agreement sets forth the contribution amounts for JPA Members' participation in the JPA. Pursuant to the JPA Agreement, the contribution amounts may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies; and WHEREAS, in accordance with the above referenced sections of the JPA Agreement, the JPA Executive Committee now desires to revise the JPA Members' contribution amounts as set forth below. NOW, THEREFORE, BE IT RESOLVED by the JPA Executive Committee of Visit Greater Palm Springs as follows: Section 1. Recitals. That the Recitals set forth above are true and correct. Section 2. JPA Member Contributions. That the JPA Executive Committee hereby approves and adopts the following amendment to section 12 ("Contributions") of the JPA Agreement: (a) Initial Membership Fee. Each new JPA Member shall pay to the JPA a one-(1) time entry fee and operation fee calculated as follows: (i) Entry Fee: The "Entry Fee" shall be calculated by multiplying the new JPA Member's current fiscal year's gross revenue estimate by .55%. (ii) Operation Fee: The "Operation Fee" shall be calculated by multiplying the Entry Fee by 15.62%. The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA. 1 142 DocuSign Envelope ID: 1 D900B47-CD2B-49FF-AOAC-ED2FF9FAD161 (b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies. JPA Members' legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS. A contribution from each of the JPA Members is a funding mechanism equal to: .0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and .0035 x Gross Room Rental Revenue for Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members, Section 3. Initial Membership Fee for the City of Coachella. That the Entry Fee and Operation Fee for the City of Coachella for Fiscal Year 2023/2024 is $35,327 which has been calculated as follows: Entry Fee: $5,555,555 x . .55% _ $30,555 Operation Fee 30,555 x 15.62% = 4,772 Initial Membership Fee $35,327 Section 4. That the President/Chief Executive Officer of VGPS and/or his designee shall take all reasonable steps to) seek the approval of the amendment to section 12 of the JPA Agreement by the legislative bodies of the JPA Members. Section 5. Severability. That the Executive Committee declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect. Section 6. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by Visit Greater Palm Springs or the Executive Committee that are in conflict with the provisions of this Resolution are hereby repealed. Section 7. Effective Date. That this Resolution shall take effect immediately upon its adoption. Section 8. Certification. That the Clerk of the Executive Committee shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. [Remainder of this page intentionally left blank.] 2 143 DocuSign Envelope ID: 1 D900B47-CD2B-49FF-AOAC-ED2FF9FAD161 PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority (JPA) Executive Committee of Visit Greater Palm Springs, held on the 29 day of March, 2024, by the following vote; AYES: 8 - Gary Gardner, Waymond Fermon, Greg Sanders, Linda Evans, Jan Harnik, Jeffrey Bernstein, Steve Downs, Joaquin Tiienna (Riverside County) NAYES: 0 ABSENT: 1 - Mark Carnevale (Cathedral City) ABSTAIN: Gary Gar, ner, Chair Executive Committee Visit Greater Palm Springs ATTEST: Sarah Goslin, erk for the Executive Committee APPROVED AS TO FORM: FDocuSigned by: 0, (wt, 563ZT7ED-g Lena D. Wade, General Counsel 3 144 Z,�Ser CW greater palm springs 70100 i� 111 / rancho mirage, ca 92270 760.770.9000 / 800.9673767 STAFF REPORT TO: JPA Executive Committee FROM: Scott White, President & CEO DATE: March 26, 2024 SUBJECT: RECOMMEND APPROVAL AND ADOPTION OF RESOLUTION NO. JPA 2024-003; A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE OF VISIT GREATER PALM SPRINGS APPROVING AN AMENDMENT TO SECTION 12 OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT REGARDING CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY MEMBERS Staff Recommendation Staff recommends that the JPA Executive Committee approve and adopt Resolution No. JPA 2024-003. Background VGPS staff recommended adding the City of Coachella to the JPA Executive Committee. This recommendation was based on the new economic development diversity recruitment responsibilities and the addition of short-term vacation rentals in the City of Coachella. During the JPA agreement amendment process VGPS staff learned that when the JPA was first established, an entry and operation fee were required of all JPA member agencies. Upon executing the Joint Powers Agreement on February 1, 1989, the original JPA members (eight cities) paid an upfront fee to help establish the organization. Commencing July 1, 1989, and quarterly thereafter, each JPA member agency contributed an amount based on a funding formula. The interim funding fee and interim operation fee were divided among the JPA member cities. The interim fee was based on .55% x gross sales and the operation fee was based on the interim fee multiplied by 15.62%. Please see the original interim funding schedule below: Fiscal Year 1988/1989 Interim Funding Formula city FY 1987-1988 Estimated Gross Sales FY 1987-1988 x .55% Interim Operation x 15.62% Desert Hot Springs $ 3,338,000.00 $ 18,359.00 $ 2,868.00 Palm Springs $ 63,333,000.00 $ 348,332.00 $ 54,409.00 Cathedral City $ 10,744,000.00 $ 59,092.00 $ 9,230.00 Rancho Mirage $ 23,750,000.00 $ 130,625.00 $ 20,404.00 Palm Desert $ 47,083,000.00 $ 258,957.00 $ 40,449.00 Indian Wells $ 9,857,000.00 $ 54,214.00 $ 8,468.00 La Quinta $ 9,250,000.00 $ 50,875.00 $ 7,947.00 Indio $ 5,375,000.00 $ 29,563.00 $ 4,618.00 Coachella $ - $ 10,000.00 $ 1,562.00 Total 172 730 000.00 960 017.00 150 000.00 145 Riverside Countyjoined the JPA Executive Committee in 1995. The amendment to the Joint Powers Agreement approving and adopting the membership of Riverside County established a minimum contribution of $30,000. The minimum annual contribution was subject to an annual increase at a rate of 5% per year. Outlined below are the historical payments made by Riverside County. Riverside County Annual Contribution 1995 $ 31,500.00 1996 $ 31,500.00 1997 $ 33,000.00 1998 $ 34,729.00 1999 $ 36,465.00 2000 $ 38,288.00 2001 $ 40,202.00 2002 $ 42,216.00 2003 $ 44,323.00 2004 $ 46,540.00 2005 $ 48,865.00 2006 $ 57,172.00 2007 $ 57,172.00 2008 $ 48,824.00 2009 $ 36,618.00 New JPA formula began Jan 2010 2010 1 st half Is 18,309.00 FY 2010-2011 $ - FY2011-2012 $ 12,000.00 FY 2012 through 2023 $ 12,500.00 When the TBID was established in 2009, the JPA formula was reduced by 75%. Riverside County annual contribution amount was reduced to align with the reduction of the JPA formula. Riverside County paid $12,500 each year since FY 12/13. We have no record why Riverside County has not used the established JPA formula that is currently .15% of gross rental revenues for non -convention lodging and .35% for convention lodging. For reference, the Riverside County estimated JPA formula contribution for FY 22/23 would have been $25,093. Based on the City of Coachella's historical transient occupancy tax (TOT) budget figures and using the JPA formula, the following table outlines what Coachella's annual JPA contribution would have been for previous years. These calculations are for reference: 2 1 P a g e 146 City of Coachella FY TOT Gross Revenues JPA Formula 2017/2018 $90,360.00 $1,004,000.00 $1,506.00 2018/2019 $133,385.00 $1,482,055.56 $2,223.08 2019/2020 $227,076.00 $2,523,066.67 $3,784.60 2020/2021 $533,044.00 $5,922,711.11 $8,884.07 2021/2022 $710,666.00 $7,896,288.89 $11,844.43 2022/2023 $380,060.00 $4,222,888.89 $6,334.33 2023/2024 $500,000.00 $5,555,555.56 $8,333.33 Based on the formula from FY 88/89 and the most recent estimated TOT collections, the initial fee charged to Coachella to join the JPA Executive Committee would be as follows: The city of Coachella entry fee calculation is based on their FY 23/24 gross revenues estimate. $5,555,555.00 x .55% = $30,555 plus the operation fee ($30,555 x 15.62%) = $4,772. The total amount would be $35,327. Staff are recommending any new member agency should pay the entry fee and the fee should be paid within 30 days of joining the JPA Executive Committee. Outlined below are the current JPA contribution estimates. These figures may fluctuate depending on the final gross revenues and are provided for reference. Visit Greater Palm Springs Funding Budgets - Desert Cities 'Fiscal Year 2023-2024 JPA Member 23/24 Annual Contribution Cathedral City $ 50,625.00 Desert Hot Springs $ 42,841.99 Indian Wells $ 285,714.29 Indio $ 77,550.00 La Quinta $ 389,393.18 Palm Desert $ 425,000.00 Palm Springs $ 874,599.17 Rancho Mirage $ 374,591.80 Riverside County $ 12,500.00 Staff is recommending due to the additional responsibilities of economic development recruitment and the broader benefits recognized by the member agencies, a minimum annual JPA member contribution of $35,000 or the current JPA formula, whichever is greater should be required by all member agencies, including Riverside County. The minimum fee would increase annually based on the CPI for Southern California. The JPA formula would not be subject to the CPI adjustment. The annual JPA member contribution, whether the minimum fee or formula fee, would be paid quarterly to the organization and adjusted at the end of the fiscal year based on actual gross room revenues. 3 1 P a g e 147 148 CONSENT CALENDAR ITEM NO. 9 City of La Quinta CITY COUNCIL MEE I IN(3: April 16, 2024 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE THE CITY'S PROJECT LIST FOR FISCAL YEAR 2024/25 FOR SENATE BILL 1 - ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING RECOMMENDATION Adopt a resolution to approve the City's project list for fiscal year 2024/25 to receive estimated funds from Senate Bill 1, Road Repair and Accountability Act of 2017. EXECUTIVE SUMMARY • On April 2, 2024, Council provided direction on Senate Bill 1 (SB-1) funding through the Capital Improvement Program (CIP) study session discussion. • To receive the SB-1 funds, the City must comply with the following requirements: o Demonstrate an annual Maintenance of Effort (MOE) expenditure from the City's General Fund in the amount of $1,786,109; and o Submit a Council resolution which lists the projects to be funded in the following fiscal year with SB-1 funds, including a project description, location, schedule of completion, and estimated useful life of the improvements. FISCAL IMPAC i The following table lists the total amount to be expended per fiscal year (FY) based on the currently identified SB-1 funded CIP projects: 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL $950,000 $950,000 $1,000,000 $994,367 $998,053 $4,892,420 BACKG ROU N D/ANALYSIS SB-1 created new permanent funding for road maintenance and rehabilitation projects. Each city and county must submit a project list to the California Transportation Commission by July 1, 2024, to be eligible for SB-1 funding for the following fiscal year. The draft FY 2024/25 through 2028/29 CIP proposes using SB-1 funding for the following transportation improvements: 149 Project Description 2024/25 2025/26 2026/27 2027/28 2028/29 Total Highway 111 Resurfacing $950,000 $950,000 Project (City limits) Cove Area Slurry Seal $950,000 $950,000 Improvements Phase 2 Citywide Arterial Slurry Seal $1,000,000 $1,000,000 Improvements Washington Street Pavement Rehabilitation $994,367 $998,053 $1,992,420 Project (Sagebrush Lane to Fred Waring Drive) TOTAL: $950,000 $950,000 $1,000,000 $994,367 $998,053 $4,892,420 The Washington Street Sidewalk Improvements (bridge to Calle Tampico) and Highway 111 Resurfacing (City Limits) are proposed to receive SB-1 funds in FY 2024/25. ALTERNATIVES Council may elect not to approve the SB-1 Resolution and decline SB-1 funds. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer 150 RESOLUTION NO. 2024 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of La Quinta (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $959,109 in RMRA funding in Fiscal Year 2024-25 from SB 1; and WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list through three (3) public meeting opportunities; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost-effective projects that also meet the community's priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one street/road project in the City this year and other similar projects into the future; and WHEREAS, the City's current Pavement Management Plan found that the City's streets and roads are in a "very good" condition and are currently ranked with an overall 151 Resolution No. 2024 - xxx Road Repair and Accountability Act of 2017 (SB 1) — FY 2024-25 Adopted: April 16, 2024 Page 2 of 3 80 Pavement Condition Index (PCI). This revenue will assist the City in maintaining the very good roadway system condition over the next decade and beyond; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide. WHEREAS, on April 16, 2024, by a majority vote of the City Council of the City of La Quinta, California, the following projects were selected: Project Name Fiscal Year Amount 1. Highway 111 Pavement Resurfacing 2024/2025 $950,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The following list of proposed projects will be funded in -part or solely with fiscal year 2024-25 Road Maintenance and Rehabilitation Account revenues: Project Name 1. Highway 111 Pavement Resurfacing Fiscal Year Amount 2024/25 $950,000 Title: Highway 111 Pavement Resurfacing (Within the City Limits) Description: The proposed improvements on Highway 111 include resurfacing of Highway 111 within the city limits and construction of ADA curb ramp improvements. Estimated Useful Life: 20 Years. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of by the following vote: AYES: NOES: ABSENT: ABSTAIN: 152 Resolution No. 2024 - xxx Road Repair and Accountability Act of 2017 (SB 1) — FY 2024-25 Adopted: April 16, 2024 Page 3 of 3 LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 153 154 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT CONSENT CALENDAR ITEM NO. 10 AGENDA TITLE: APPROVE FISCAL YEAR 2024/25 THROUGH 2O28/29 MEASURE A HALF -CENT SALES TAX FIVE-YEAR CAPITAL IMPROVEMENT PLAN RECOMMENDATION Approve the fiscal year 2024/25 through 2028/29 Measure A Half -Cent Sales Tax 5-year Capital Improvement Plan. EXECUTIVE SUMMARY • On April 2, 2024, Council provided direction on Measure A Half -Cent Sales Tax (Measure A) funding through the Capital Improvement Program (CIP) study session discussion. • To receive Measure A funds, the City must comply with the following requirements: o Demonstrate an annual Maintenance of Effort (MOE) expenditure from the City's General Fund in the amount of $937,007; and o Participate in the Coachella Valley Multi -Species Habitat Conservation Plan (MSHCP) and Transportation Uniform Mitigation Fee (TUMF) Programs; and o Submit the City's approved 5-year Measure A CIP, a Project Status Report, and MOE Certification. FISCAL IMPACT The following table represents the estimated Measure A funding by fiscal year (FY): 2024/25 1 2025/26 1 2026/27 1 2027/28 2028/29 TOTAL $2,335,000 1 $2,615,000 1 $1,735,000 1 $2,235,000 1 $2,439,569 $11,359,569 BACKGROUND/ANALYSIS Measure A funding is to be used for transportation improvements. The City must demonstrate an annual MOE expenditure from the City's General Fund in the amount of $937,007. In addition, an approved 5-Year Measure A CIP and project status report must be submitted to the Riverside County Transportation Commission (RCTC) by May 1, 2024, 155 to be eligible for Measure A funding the following fiscal year. The City is also a full participant in the Coachella Valley MSHCP and TUMF Programs. The draft FY 2024/25 through 2028/29 Measure A CIP is provided below: Project Description 2024/25 2025/26 2026/27 2027/28 2028/29 Total Citywide Street and Traffic $235,000 $235,000 $235,000 $235,000 $235,000 $1,175,000 Signal Maintenance Program Dune Palms Pavement Rehabilitation (Miles Avenue to $200,000 $200,000 Fred Waring Drive Avenue 50 Sidewalk Improvements (Washington $400,000 $400,000 Street to Avenida Montero) Cove Area Slurry Seal $1,000,000 $1,000,000 Improvements Phase 1 SilverRock Way Slurry Seal Improvements (Avenue 52 to $500,000 $500,000 Jefferson Street) Citywide Striping Refresh $500,000 $500,000 Highway 111/Simon Drive Dual $700,000 Left Turn Lanes $700,000 Avenue 47 Pavement Rehabilitation (Washington $525,000 $525,000 Street to Adams Street Francis Hack Lane Pavement Rehabilitation (Avenida $580,000 $580,000 Bermudas to Cul-de-Sac 5-Year PMP Update $75,000 $75,000 North La Quinta Slurry Seal $1,500,000 $1,500,000 Improvements/Pavement Repair Washington Street Pavement Rehabilitation Project $2,000,000 $2,204,569 $4,204,569 (Sagebrush Lane to Fred Waring Drive TOTAL: $2,335,000 $2,615,000 $1,735,000 $2,235,000 $2,439,569 $11,359,569 For FY 2024/25 the Measure A CIP proposes new funding to the following projects: ✓ Citywide Street and Traffic Signal Maintenance Program (Annual Recurring Program) ✓ Dune Palms Pavement Rehabilitation (Miles Avenue to Fred Waring Drive) ✓ Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero) ✓ Cove Area Slurry Seal Improvements Phase 1 ✓ SilverRock Way Slurry Seal Improvements (Avenue 52 to Jefferson Street) 156 kLTERNATIVES Council may elect not to approve the Measure A 5-year CIP plan and decline Measure A funds. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer 157 158 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT CONSENT CALENDAR ITEM NO. 11 AGENDA TH Lt: ACCEPT ON -SITE IMPROVEMENTS ASSOCIATED WITH THE SIGNATURE RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 36537-1 AND 36537- 2) LOCATED WITHIN PGA WEST DEVELOPMENT ON PGA BOULEVARD RECOMMENDATION Accept the on -site improvements associated with The Signature residential development, Tract Map No. 36537-1 and 36537-2 and authorize staff to release performance securities. EXECUTIVE SUMMARY • The Signature is a residential project located within the PGA West development on PGA Boulevard (Attachment 1). • The developer has requested release of the performance securities. • Since all on -site improvements have been completed, staff recommends acceptance and release of the performance securities. FISCAL IMPACT — None. BACKGROUND/ANALYSIS The developer has completed all on -site improvements required by Tract Map No. 36537- 1 and 36537-2. The improvements include pavement, curb and gutter, signing and striping, driveways, sidewalk, water and sewer improvements, dry utilities, storm drain improvements and landscaping. Staff inspected the on -site improvements and verified they meet City -approved plans and standards. ALTERNATIVES Accepting improvements is a ministerial action necessary for the release of improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 159 ATTACHMENT 1 TM 36537-1 & 36537-2 THE SIGNATURE AVENUE 52 o AVENUE 53 Uo AVENUE 54 PROJECT SITE AIRPORT P BOULEVARD VEST, wEi KOPF AVENUE 58 VICINITY MAP NOT TO SCALE 160 CONSENT CALENDAR ITEM NO. 12 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE: ACCEPT COVE TRAILS PARKING LOT IMPROVEMENTS PROJECT NO. 2022-30, LOCATED ON CALLE TECATE BETWEEN AVENIDA MADERO AND AVENIDA JUAREZ RECOMMENDATION Accept the Cove Trails Parking Lot Improvements Project No. 2022-30 as complete; and authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder. EXECUTIVE SUMMARY • The Cove Trails Parking Lot Improvements project included raking large debris, clearing and grubbing, preparing subgrade, and furnishing and placing class II aggregate base. • The work is complete and Council acceptance will close the contract and allow final payment. FISCAL IMPACT The following is the financial accounting for Project No. 2022-30: Original Contract Amount $ 89,850 Contract Change Order no. 1 & 2 $ 20,300 Final Contract Amount $ 110,150 Project Budget $ 129,000 Final Contract Amount ($ 110,150) Design & Professional Costs $ 10,440 Inspection, Survey, Plans, & Other Construction Costs kLI&20 Anticipated Funds Remaining* $ 6,790 * All costs to date have been accounted for and no further costs are anticipated. 161 BACKGROUND/ANALYSIS On October 17, 2023, Council awarded a contract for $89,850 to Leonida Builders, Inc. (Contractor). On November 2, 2023, a Notice to Proceed was issued with a 15-working day completion time starting on November 6, 2023 and ending on November 28, 2023. The project was deemed substantially complete on November 17, 2023. No liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued for the expansion of the west parking lot and extended the contract completion date to December 5, 2023. Contract Change Order No. 2 was issued for quantity adjustments of aggregate base to cover the additional parking area that was cleared in Change Order No. 1. There was a dispute over the final quantities between the Contractor and City but the Contractor has not submitted an official claim to date. City has fully paid the contractor, including retention payment. The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance. ALTERNATIVES 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 162 VICINITY MAP COVE TRAILS PARKING LOT IMPROVEMENTS Indian 1"15 k4ighwa}r 711 I I Highway 111 1 The Lrving Avensi c dtf Desert Zoo R Gardens j ,-naver Dr 1 0. 1 t a Awonceso 3 1 I i La Quinta i i - E j m Hi:l 7'-ti,lr u),I, 1 � 1 # 54th Ave 1 1 1 1 Lake 0 'IMPORTANT" Maps and data are to be used for reference purposes only. Map features are approximate, and are not C I T 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... 7/6/2023 11:20:59 AM © Riverside County GIs ACHMENT 1 Legend Blueline Streams World Street Map Notes 163 164 CONSENT CALENDAR ITEM NO. 13 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE DUNE PALMS ROAD PAVEMENT REHABILITATION PROJECT NO. 2021-01, LOCATED ON DUNE PALMS ROAD FROM MILES AVENUE TO FRED WARING DRIVE RECOMMEi, Approve plans, specifications, engineer's estimate, and authorize Staff to bid the Dune Palms Road Pavement Rehabilitation Project No. 2021-01, located on Dune Palms Road from Miles Avenue to Fred Waring Drive. EXECUTIVE SUMMARY • Work will include pulverizing and replacing the existing pavement, and grind and overlay on Dune Palms Road from Miles Avenue to Fred Waring Drive (Attachment 1). Additional work includes replacing non -compliant American Disabilities Act (ADA) curb ramps and lane reduction from two (2) lanes to one (1) lane with buffered bike and cart lane. FISCAL IMPACT The project is in the fiscal year (FY) 2023/2024 Capital Improvement Program (CIP) and has Measure A Funding assigned in the amount of $240,000 and Senate Bill 1 Maintenance Funding assigned in the amount of $781,100. The following is the anticipated overall project budget*: Total Budget Design/Professional: $ 40,000 Inspection/Testing/Survey: $ 75,000 Construction: $ 850,000 Contingency: $ 56,100 Total Budget: $ 1,021,100 *Note: Staff anticipates approximately $50,000 in utility adjustment reimbursables. 165 BACKGROUND/ANALYSIS This project was being held pending the completion of the adjacent Landscape Renovation Improvements Project 2016-031 at Cactus Flower. The Cactus Flower project is anticipated to be completed as scheduled by the end of April. Contingent upon approval to advertise the project for bid on April 16, 2024, the following is the project schedule: Council Bid Authorization Bid Period Council Considers Project Award Execute Contract and Mobilize Construction (20 Working Days) Accept Improvements April 16, 2024 April 17 to May 15, 2024 May 21, 2024 May 22 to June 17, 2024 June 17 to July 15, 2024 August 2024 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ubaldo Ayon, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 166 DUNE PALM ROAD PAVEMENT REHABILITATION ATTACHMENT VICINITY MAP nd Ave d,2nd Ave i 8riflllud� Dunesa i r"4"a Durres Dr A i "4cson D& s- n r••—.. I! i Starlighl Ln i DIP Couniry Club i Darby Rd or i I I I i Palm Poyale Vill CIA df oun1ry C{Ub Emerald`' j lit I. Teiii,i.•s.l E• f Fad Wad ng Or Heritage Palms rso ll Club ""Aagib Palmr. doff C lub Avenue 42 0 3 z- A-ve Mlles Ave r- Miles Ay e �+ Mddk E u Sc o�l - -- - La 11:.il.1i tl 11 4 Ouini15 p biL• fork•—• Avenue 46 :II La Jtiinta lab ?, .yam Hgh School 1 4 {A E w € �4' CL i Cn y �111 .. r_P�hWay 111 - .Ak �- 1Y I 0 IMPORTANT" Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guaranteeas to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and OFIL 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 3 6,019 Feet REPORT PRINTED ON...1/30/2024 3:45:30 PM © Riverside County GIs Legend City Boundaries World Street Map Notes 167 168 CONSENT CALENDAR ITEM NO. 14 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE PURCHASE OF CATERPILLAR BACKHOE AND CATERPILLAR TRACKED SKID STEER FROM QUINN CAT THROUGH SOURCEWELL COOPERATIVE PURCHASING; AND DECLARE CURRENT EQUIPMENT AS SURPLUS AND APPROVE DISPOSAL METHOD RECOMMENDATION Approve the purchase of a Caterpillar backhoe and a Caterpillar tracked skid steer from Quinn CAT through Sourcewell Cooperative Purchasing; authorize the City Manager to execute the purchase order; declare the 2004 John Deere 310H backhoe surplus; repurpose or declare surplus the 2016 Caterpillar 232D skid steer; and approve trade-in disposal method for the current equipment. EXECUTIVE SUMMARY • The 2004 John Deere 31 OH backhoe (Backhoe) in the City's fleet has reached the end of its useful life and staff seeks approval to replace it with a 2024 Caterpillar 440 backhoe loader. • The 2016 Caterpillar 232D skid steer (Skid Steer) does not meet the Maintenance and Operations Department's (Department) field needs and staff seeks approval to replace it with 2024 Caterpillar 298D3 tracked skid steer. • Staff requests to surplus the Backhoe and dispose of it via trade-in, and to evaluate the Skid Steer for repurposing or trade-in. • The City utilizes Sourcewell Cooperative Purchasing (Sourcewell) for procurement of goods and services. • Quinn Cat provided the City with a Sourcewell quote, which includes a 22% discount and a trade-in value for the Backhoe and Skid Steer. FISCAL IMPACT Funds are available in fiscal year (FY) 2023/24 account 501-0000-80100 Machinery & Equipment for the total sum of up to $324,522.77 BACKGROUND/ANALYSIS The Backhoe model 310H is 20 years old and has reached the end of its useful life, therefore staff is requesting that this item be declared surplus. Quinn Cat is offering the City a trade-in value of $18,000 which staff has determined is a fair market price, and pursuant to the City's surplus policy is an acceptable method of disposal. The cost of the replacement Caterpillar model 440 backhoe is $207,268.27. The Skid Steer is an undersized unit and does not meet the Department's field needs. Quinn Cat is offering the City a trade-in value of $31,000 which staff has determined is a fair market price, and pursuant to the City's surplus policy is an acceptable method of disposal. The cost of the replacement Caterpillar model 298D3 tracked skid steer is $86,254.50. City Manager and staff will evaluate the Skid Steer to determine if it can be repurposed for use in the maintenance yard or should be declared surplus and traded in. Purchase of the new units will allow the Department to conduct additional preventative maintenance in our parks, trails, streets, and storm water conveyance system. Staff requests approval to expend up to $324,522.77 to purchase the replacement equipment. ALTERNATIVES Staff does not recommend an alternative, as the existing equipment does not meet the City's needs. Prepared by: Tony Ulloa, Public Works Deputy Director Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Sourcewell Quote Backhoe 2. Sourcewell Quote Tracked Skid Steer 170 ATTACHMENT 1 Quote 173746-02 QUINN 173746-02 April 5, 2024 Sourcewell Member ID# 18113 CITY OF LA QUINTA Attention: Account Payable 78-495 CALLE TAMPICO LA QUINTA, California 92253 Attention: TONY ULLOA Dear Sir, We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration. One (1) New Caterpillar Inc. Model: 440 Backhoe Loader including standard and optional equipment as listed below. STOCK NUMBER: SERIAL NUMBER: YEAR: SMU: We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 60 days, after which time we reserve the right to re -quote. If there are any questions, please do not hesitate to contact me. Sincerely, Jose Farias Machine Sales Representative Phone 760.399.6404 Email jose.farias@quinncompany.com Page 1 of 5 171 Quote 173746-02 One (1) New Caterpillar Inc. Model: 440 Backhoe Loader including standard and optional equipment as listed below. Standard Equipment BOOMS, STICKS, AND LINKAGES controls with pattern changer valve Cat Cushion Swing(tm) system Electrohydraulic operated stabilizer Bucket level indicator controls Lift cylinder brace Boom transport lock Return -to -dig (auto bucket positioner) Swing transport lock Self -leveling loader with single lever Street pads stabilizer shoes control Anti -drift hydraulics Transmission neutralizer switch (Boom, Stick and E-Stick) Single Tilt Loader POWERTRAIN Cat C4.4, 86kW (Net 104HP/78kW) A dry -type axial seal air cleaner with Direct Injection Turbo Charged Engine, integral precleaner, automatic dust with ACERT technology. ejection system & filter condition US EPA Tier4 Final Emissions Compliant indicator with Selective Catalytic Reduction(SCR) Hydraulically boosted multi -plate wet Water separator with service indicator disk brake with dual pedals & interlock Thermal starting aid system Differential lock Eco mode Spring Applied Hydraulic Release (SAHR) CONSIST NOTE THIS LISTING IS A GENERAL DESCRIPTION THE LOWEST CHARGE ITEMS. OF A 440 BACKHOE LOADER EQUIPPED WITH BOOMS, STICKS, AND LINKAGES 15' Center pivot excavator style Electrohydraulic operated hydraulic backhoe POWERTRAIN brake switch High Ambient Cooling Package Spin -on fuel, engine oil & transmission Torque converter oil filters Autoshift transmission with 6 forward Outboard planetary rear axles and 3 reverse gears & neutral safety Open Circuit Breather HYDRAULICS Load sensing, variable flow system Hydraulic oil cooler with 55 gpm axial piston pump Pilot control shutoff switch 6 micron hydraulic filter PPPC, Open Center with Flow Summation O-ring face seal hydraulic fittings Hydraulic suction strainer Page 2 of 5 172 Quote 173746-02 Caterpillar XT-3 hose ELECTRICAL 12 volt electrical start 150 ampere alternator Horn and Backup Alarm Hazard flashers/turn signals Halogen head lights (4) Halogen rear flood lights (4) Stop and tail lights Audible system fault alarm OPERATOR ENVIRONMENT Lighted gauge group Interior rearview mirror ROPS canopy, Rear Fenders 2-inch retractable seat belt Tilt steering column Steering knob OTHER STANDARD EQUIPMENT Hydrostatic power steering Standard Storage Box Transport tie -downs Ground line fill fuel tank with 44 gallon capacity Ground line fill diesel exhaust fluid tank with 5 gallon capacity Rubber impact strips on radiator guards Bumper Key start/stop system 1.000 CCA maintenance free battery Battery disconnect switch External/internal power receptacles(12v) Diagnostic ports for engine and machine Electronic Control Modules Remote jump start connector Hand and foot throttle Automatic Engine Speed Control One Touch Low Idle Floor mat and Coat Strap Lockable storage area Air suspension seat CD-ROM Parts Manual Backhoe Safety Manual Operations and Maintenance Manual Lockable hood Tire Valve Stem Protection Long Life Coolant -30C (-20F) Counterweight 500kg/1102lbs Padlocks Qty 2 Page 3 of 5 173 Quote 173746-02 MACHINE SPECIFICATIONS 440 07B BACKHOE LOADER 575-9152 LANE 2 - AVAILABLE FROM LEICESTER FACTORY LANE 3 - AVAILABLE FROM LEICESTER FACTORY. LANE 2 ORDER OP-9002 STICK, EXTENDABLE, 15FT 578-8950 POWERTRAIN, 4WD, AUTOSHIFT 575-9166 HYDRAULICS, MP, 6FCN/8BNK 578-9449 CAB, DELUXE 575-9162 SEAT, DELUXE FABRIC 558-9623 WORKLIGHTS (8) LED LAMPS 491-6736 SEAT BELT, 3" SUSPENSION 206-1748 PRODUCT LINK, CELLULAR PL641 518-9096 NETWORK MANAGER NONE 524-4029 TIRES, 340 80-18/500 70-24, MX 533-0488 BUCKET -MP HD,1.75YD3 PO BOCE 521-6205 BUCKET -HD, 24", 6.2 FT3 219-3387 INSTRUCTIONS, ANSI 488-2908 SERIALIZED TECHNICAL MEDIA KIT 421-8926 COUPLING,QD,THREADED WITH CAPS 456-3390 LINES, AUX COMBO,EXT STICK 15' 578-9038 THUMB, HYDRAULIC, NO TINE, 440 579-8783 THUMB, TINE, A 1 221-4282 STANDARD RADIO (12V) 540-2298 GUARD, STABILIZER 488-2906 HOOK OVER BUCKET FORKS FKS Page 4 of 5 174 Quote 173746-02 WARRANTY & COVERAGE Standard Warranty: 12 MONTHS FULL MACHINE Extended Coverage: 440-48 MO/2000 HR PREMIER SELL PRICE $265,560.00 SOURCEWEL DISCOUNT (22%) ($58,423.20) NET BALANCE DUE $207,136.80 TIRE FEE $7.00 SALES TAX (8.75%) $18,124.47 AFTER TAX BALANCE $225,268.27 TRADE IN 2005 Deere 31 OG Sn 942227 with 2,701 Hrs ($18,000.00) BALANCE AFTER TRADE $207,268.27 2024 Sourcewell Contract # 011723-CAT Accepted by on Signature Page 5 of 5 175 ATTACHMENT 2 Quote 175763-01 I'QUINN i 175763-01 Apr 05, 2024 Soureewell Member ID# 18113 CITY OF LA QUINTA Attention: Account Payable 78-495 CALLE TAMPICO LA QUINTA, California 92253 Attention: TONY ULLOA Dear Sir, We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration. One (1) New Caterpillar Inc. Model: 289D3 Compact Track Loader including standard and optional equipment as listed below. STOCK NUMBER: SERIAL NUMBER: YEAR: SMU: 0 We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 60 days, after which time we reserve the right to re -quote. If there are any questions, please do not hesitate to contact me. Sincerely, Jose Farias Machine Sales Representative Phone 760.399.6404 Email jose.farias@quinncompany.com Page 1 of 5 176 Quote 175763-01 One (1) New Caterpillar Inc. Model: 289133 Compact Track Loader including standard and optional equipment as listed below. Standard Equipment POWERTRAIN Cat C3.313 diesel engine Filter, cartridge type, hydraulic -Gross horsepower per SAE J1349 Filters, canister type, fuel 74.3 hp (55.4 kW) @ 2400 RPM and water separator -Electric fuel priming pump Radiator / hydraulic oil -Glow plugs starting aid cooler (side -by -side) -Liquid cooled, direct injection Spring applied, hydraulically released, Air cleaner, dual element, radial seal parking brakes S-O-S sampling valve, hydraulic oil Hydrostatic transmission UNDERCARRIAGE Dual flange front idler, single flange Suspension - independent torsion axle(4) Rear idler Two speed motor HYDRAULICS ISO or H pattern controls: transmission control Electro/hydraulic implement control Speed sensor guarding Electro/hydraulic hydrostatic ELECTRICAL 12 volt electrical system -Two rear tail lights 80 ampere alternator -Dome light Ignition key start / stop / aux switch Backup alarm Lights: Electrical outlet, beacon -Gauge backlighting OPERATOR ENVIRONMENT Operator warning system indicators: leaves seat or armrest raised: -Air filter restriction -Hydraulic system disables -Alternator output -Hydrostatic transmission disables -Armrest raised / operator out of seat -Parking brake engages -Engine coolant temperature ROPS cab, open, tilt up -Engine oil pressure Anti -theft security system w/6-button -Glow plug activation keypad -Hydraulic filter restriction FOPS, Level I -Hydraulic oil temperature Top and rear windows -Park brake engages Floormat -Engine emission system Interior rear view mirror Gauges: fuel level and hour meter 12V electric socket Storage compartment with netting Horn Ergonomic contoured armrest Hand (dial) throttle, electronic Page 2 of 5 177 Quote 175763-01 Control interlock dystem, when operator FRAMES Lift linkage, vertical path Chassis, one piece welded Machine tie down points (6) OTHER STANDARD EQUIPMENT Engine enclosure - lockable Extended life antifreeze (-37C, -34F) Work tool coupler Hydraulic oil level sight gauge Radiator coolant level sight gauge Radiator expansion bottle Cat ToughGuard TM hose Belly pan cleanout Support, lift arm Rear bumper, welded Heavy duty flat faced quick disconnects with integrated pressure release Split D-ring to route work tool hoses Along side of left lift arm Hydraulic demand cooling fan Per SAE J818-2007 and EN 474-3:2006 and ISO 14397-1:2007 Page 3 of 5 178 Quote 175763-01 MACHINE SPECIFICATIONS 289D3 CTL DCA613 630-7391 289D3 COMPACT TRACK LOADER 512-4289 CAB PACKAGE, ULTRA 512-4319 HYDRAULICS, PERFORMANCE, (H3) 512-4115 CONTROL, ISO, PROP, WT 495-1671 LIGHTS, LED 357-0240 RUBBER BELT, 2 SPD, TF IDLERS 512-4195 ROPS, ENCLOSED WITH A/C (0) 416-9265 DISPLAY, ADVANCED, LCD, CAMERA 486-6957 FAN, COOLING, DEMAND 512-3404 QUICK COUPLER, HYDRAULIC 536-9738 SEAT,AIR SUSPENSION, CLOTH, HEAT 568-4704 FILM, TWO SPEED W/HIGH FLOW XPS 345-6180 STANDARD RADIO(12V),BLUETOOTH 588-9134 RIDE CONTROL, NONE 556-5898 BATTERY,EXTRA HEAVY DUTY, DISC 568-5603 REAR LIGHTS 356-6082 DOOR, CAB, POLYCARBONATE 539-8061 SEAT BELT, 2" 542-6994 PRODUCT LINK, CELLULAR PL641 573-8121 CERTIFICATION ARR, P65 563-1163 HEATER, ENGINE COOLANT, 120V 345-3556 LANE 1 ORDER OP-9001 TRACK, RUBBER,450MM(17.7 IN)BAR 454-6059 INSTRUCTIONS, ANSI, USA 512-3745 SERIALIZED TECHNICAL MEDIA KIT 421-8926 FILM, SELF LEVEL, ANSI 435-9238 SHIPPING/STORAGE PROTECTION OP-2266 PACK, DOMESTIC TRUCK OP-0210 BUCKET-IND, 92", BOCE 532-7750 KIT, WATER TANK, 44 US GAL 571-6876 KIT, COUNTERWEIGHT, 100 LB ROC 388-7875 Page 4 of 5 179 Quote 175763-01 WARRANTY & COVERAGE Standard Warranty: 24 MONTHS / 2,000 HOURS FULL MACHINE Extended Coverage: 289-48 MO/2000 HR PREMIER SELL PRICE $136,481.30 SOURCEWEL DISCOUNT (21%) ($28,661.07) NET BALANCE DUE $107,820.23 SALES TAX (8.75%) $9,434.27 AFTER TAX BALANCE $117,254.50 TRADE IN 2018 Year Model 232D Sn DPR01141 with 349 Hrs ($31,000.00) BALANCE AFTER TRADE $86,254.50 2024 Sourcewell Contract # 011723-CAT PAYMENT TERMS F.O.B/TERMS: Accepted by on Signature Page 5 of 5 180 CONSENT CALENDAR ITEM NO. 15 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MARCH 29, AND APRIL 5, 2024 RECOMMENDATION Approve demand registers dated March 29, and April 5, 2024. EXECUTIVE SUMMARY — None FISCAL IMPACT Demand of Cash: City Successor Agency of RDA Housing Authority BACKGROUND/ANALYSIS $ 7,042,631.30 $ 17,229.56 $ 7,059,860.86 Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for March 29, and April 5,2024. Warrants Issued: EFT #136 $ 210.77 213457-213493 $ 268,344.27 213494-213553 $ 5,985,198.54 EFT #137-139 $ 411.00 Wire Transfers $484,463.91 Payroll Tax Transfers $ 58,641.16 Payroll Direct Deposit $ 262,591.21 $ 7,059,860.86 In Vendor Account Name Amount Purpose Burrtec Waste & Recycling Services Various Riverside County Sheriff Department Various Ortiz Enterprises, Inc. Construction T.Y. Lin International Construction Imperial Irrigation District Various $3,416,178.12 FY 23/24 Property Tax Payment SS1 $1,185,701.44 January2024 Police Service $1,041,185.97 Dune Palms Bridge Progress Payment $104,341.92 Dune Palms Bridge Management Services $71,430.01 Electricity Service Wire Transfers: Fourteen transfers totaled $484,464. Of this amount, $249,535 was to Landmark and $198,924 was to CalPERS (See Attachment 2 for a complete listing). Purchase Orders/Contracts: As a normal course of operations, any purchase order (PO) over $50,000 must go to City Council for individual consideration. Additional POs under this threshold are reported quarterly for review. See attached list (Attachment 3) for POs with a value of $25,000 to $50,000 that were issued from January 1 to March 31. 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 Maturity Lafayette Federal Credit Union CD $ 248,000 3/28/2024 2.050% 2.050% Maturity Texas Bank Financial CD $ 245,000 3/28/2024 1.100% 1.100% Purchase Blackrock Funding, Inc Corporate Note $ 1,000,000 3/28/2024 4.700% 4.622% Maturity United States Treasury Treasury Note $ 2,000,000 3/31/2024 2.125% 5.340% Purchase United States Treasury Treasury Note $ 1,000,000 4/1 /2024 4.125% 4.210% Prepared by: Jesse Batres, Finance Technician Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers 2. Wire Transfers 3. Purchase Orders 182 ATTACHMENT 1 Demand Register City of La Quinta Packet: APPKT03760 - 03/29/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101-GENERAL FUND CHARTER COMMUNICATIONS- 213461 03/16-04/15/24 - FS #70 CABLE (1860) Cable/Internet - Utilities 101-2002-61400 48.25 CHARTER COMMUNICATIONS- 213461 03/16-04/15/24 - FS #32 CABLE (8152) Cable/Internet - Utilities 101-2002-61400 99.91 GREATER PALM SPRINGS TO 213469 04/30/24 - GOLF SPONSORSHIP Sponsorships/Advertising 101-3007-60450 900.00 RODRIGUEZ, OLIVIA 136 CITY COUNCIL MEETING FOOD REIMB 0... Travel & Training 101-1001-60320 210.77 VINTAGE E & S INC 213492 CH ART WALL LIGHTING SVC CALL Maintenance/Services 101-3008-60691 2,391.97 VINTAGE E & S INC 213492 03/19/24 PIONEER PARK WELL LIGHT R... Maintenance/Services 101-3005-60691 712.32 VINTAGE E & S INC 213492 3/19/24 SPORTS COMPLEX LIGHT POLES... Maintenance/Services 101-3005-60691 337.66 PROPER SOLUTIONS INC 213480 03/15/24 - TEMP AGENCY SERVICES J.FE... Temporary Agency Services 101-6004-60125 1,268.16 JOE A GONSALVES & SON 213471 04/2024 - LOBBYIST SERVICES Contract Services - Administr... 101-1002-60101 3,500.00 VINTAGE ASSOCIATES 213491 BEAR CREEK TREE REMOVAL Tree Maintenance 101-3005-60557 4,200.00 VINTAGE ASSOCIATES 213491 SPORTS COMPLEX TREE REPLACEMENT Materials/Supplies 101-3005-60431 484.00 VINTAGE ASSOCIATES 213491 X-PARK PLANT REPLACEMENT Materials/Supplies 101-3005-60431 1,000.60 VINTAGE ASSOCIATES 213491 03/12-03/15/24 - BEAR CREEK TRAIL MA... Maintenance/Services 101-3005-60691 3,048.00 VINTAGE ASSOCIATES 213491 03/13-03/14/24 - EISENHOWER PARK ... Maintenance/Services 101-3005-60691 2,912.00 MARK BIGLEY BLIEU COMPA... 213475 FACILITY RENTAL DEPOSIT REFUND Miscellaneous Deposits 101-0000-22830 100.00 LH PRODUCTIONS 213473 03/16/24 - AV SERVICE FOR ECLIPSED C... Community Experiences 101-3003-60149 8,117.00 NV5 213477 5/28-7/1/23 ONCALL SURVEY FOR YMCA.. Contingency for Operations 101-1002-60510 3,310.00 STAPLES ADVANTAGE 213487 PENS & WHITE OUT Operating Supplies 101-7002-60420 39.01 STAPLES ADVANTAGE 213487 FOOT REST Office Supplies 101-2002-60400 51.20 STAPLES ADVANTAGE 213487 ERGONOMIC CHAIR Office Supplies 101-2002-60400 189.00 RASA/ERIC NELSON 213482 FPM 2023-1001 ONCALL MAP CHECKING.. Map/Plan Checking 101-7002-60183 435.00 SOUTHWEST BOULDER & ST... 213486 LANDSCAPE BOULDERS Materials/Supplies 101-3005-60431 2,604.45 GRAINGER 213468 SOAP DISPENSER Materials/Supplies 101-3008-60431 767.47 COACHELLA VALLEY WATER D.. 213465 WATER SERVICE Water - Civic Center Park - Uti- 101-3005-61202 869.22 COACHELLA VALLEY WATER D.. 213465 WATER SERVICE Water -Community Park - Util.. 101-3005-61209 1,192.86 COACHELLA VALLEY ASSOC 0... 213463 01/2024 - ARTS AND MUSIC LINE SHARE... Contributions to Other Agenc.. 101-7006-60480 1,677.30 RIVERSIDE ASSESSOR 213483 02/2024 - RECORDING FEES Technical 101-6004-60108 197.00 COACHELLA VALLEY CONSER... 213464 02/2024 - MSHCP FEES MSHCP Mitigation Fee 101-0000-20310 11,375.00 COACHELLA VALLEY CONSER... 213464 02/2024 - MSHCP FEES CVMSHCP Admin Fee 101-0000-43631 -113.75 OCEAN SPRINGS TECH INC 213478 02/2024 - SPLASH PAD MONTHLY MAIN... LQ Park Water Feature 101-3005-60554 943.00 OCEAN SPRINGS TECH INC 213478 02/2024 - FB POOL MONTHLY MAINTEN... Fritz Burns Pool Maintenance 101-3005-60184 6,082.00 OCEAN SPRINGS TECH INC 213478 03/2024 - SPLASH PAD MONTHLY MAIN... LQ Park Water Feature 101-3005-60554 943.00 OCEAN SPRINGS TECH INC 213478 03/2024 - FB POOL MONTHLY MAINTEN... Fritz Burns Pool Maintenance 101-3005-60184 6,082.00 OCEAN SPRINGS TECH INC 213478 FB POOL VACUUM CLEANING Fritz Burns Pool Maintenance 101-3005-60184 925.00 OCEAN SPRINGS TECH INC 213478 PB POOL WEIR BLADES REPLACEMENT Fritz Burns Pool Maintenance 101-3005-60184 118.69 OCEAN SPRINGS TECH INC 213478 FB BACKWASH VALVES REPLACEMENT Fritz Burns Pool Maintenance 101-3005-60184 2,203.31 COUNTY OF RIVERSIDE PUBIL 213466 02/2024 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 273.66 COACHELLA VALLEY WATER D.. 213465 WATER SERVICE Water - Utilities 101-2002-61200 85.02 COACHELLA VALLEY WATER D.. 213465 WATER SERVICE Water -Eisenhower Park - Util.. 101-3005-61203 80.70 COACHELLA VALLEY WATER D.. 213465 WATER SERVICE Water -Velasco Park - Utilities 101-3005-61205 76.48 LQ INVESTMENTS, LP 213474 CREDIT CARD FEE OVERPAYMENT REFU... Credit Card Fee Revenue 101-0000-43505 19.56 BUREAU VERITAS NORTH A... 213460 ON -CALL BUILDING PLAN REVIEW Plan Checks 101-6003-60118 2,841.35 ROADPOST USA INC. 213485 03/23-04/22/24 - EOC SATELLITE PHON... Mobile/Cell Phones/Satellites 101-2002-61304 200.85 RIVERSIDE COUNTY SHERIFF ... 213484 12/2023 - MOTOR FUEL CHARGES Sheriff - Other 101-2001-60176 930.58 RIVERSIDE COUNTY SHERIFF ... 213484 01/2024 - MOTOR FUEL CHARGES Sheriff - Other 101-2001-60176 646.69 RIVERSIDE COUNTY SHERIFF ... 213484 02/2024 - MOTOR FUEL CHARGES Sheriff - Other 101-2001-60176 439.22 Fund 101- GENERAL FUND Total: 74,815.51 Fund: 201- GAS TAX FUND TOPS' N BARRICADES INC 213489 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 922.85 TOPS' N BARRICADES INC 213489 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 1,804.60 TOPS' N BARRICADES INC 213489 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 122.34 MYERS & SONS HI -WAY SAFE... 213476 STREET NAME SIGNS Traffic Control Signs 201-7003-60429 4,156.32 Fund 201 - GAS TAX FUND Total: 7,006.11 4/5/2024 5:03:46 PM Page 1 of 4 183 Demand Register Packet: APPKT03760 - 03/29/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 215 - LIGHTING & LANDSCAPING FUND VINTAGE E & S INC 213492 STREET LIGHTING SVC CALL LA FONDA/... Maintenance/Services 215-7004-60691 675.32 TRI-STATE MATERIALS INC 213490 AVE 52 HARDSCAPE MATERIALS Materials/Supplies 215-7004-60431 1,509.02 PWLC II, INC 213481 3/4-3/8/24 AVE 52&53 ATJEFFERSON P... Maintenance/Services 215-7004-60691 5,440.00 PWLC II, INC 213481 03/13/24 PLANT REPLACEMENT AT EST... Maintenance/Services 215-7004-60691 640.00 PWLC II, INC 213481 2/26-3/1/24 AVE 52&53 AT JEFFERSON ... Maintenance/Services 215-7004-60691 6,080.00 PWLC II, INC 213481 02/28/24 - WEED ABATEMENT FOR ART... Maintenance/Services 215-7004-60691 1,600.00 PWLC II, INC 213481 03/11-03/15/24 - JEFFERSON ST PLANT... Maintenance/Services 215-7004-60691 7,360.00 PWLC II, INC 213481 3/18-3/22/24JEFFERSON ST/AVE 52 M... Maintenance/Services 215-7004-60691 9,280.00 COACHELLA VALLEY WATER D.. 213465 WATER SERVICE Water - Medians - Utilities 215-7004-61211 3,613.67 DESERT ELECTRIC SUPPLY 213467 LIGTHS FOR JEFFERSON MEDIAN Materials/Supplies 215-7004-60431 447.54 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 36,645.55 Fund: 224 - TUMF FUND COACHELLA VALLEY ASSOC 0... 213463 02/2024 -TUMF FEES TUMF Payable to CVAG 224-0000-20320 21,920.00 COACHELLA VALLEY ASSOC 0... 213463 01/2024 -TUMF FEES TUMF Payable to CVAG 224-0000-20320 5,480.00 Fund 224 - TUMF FUND Total: 27,400.00 Fund: 270 - ART IN PUBLIC PLACES FUND BEST SIGNS INC 213459 RAM SCULPTURE PLAQUE Operating Supplies 270-0000-60482 1,073.88 Fund 270 - ART IN PUBLIC PLACES FUND Total: 1,073.88 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS LEONIDA BUILDERS, INC 213472 RETENTION PAYMENT COVE TRAILS PAR... Retention Payable 401-0000-20600 5,217.50 T.Y. LIN INTERNATIONAL 213488 12/2023 - DUNE PALMS RD BRIDGE MA... Construction 401-0000-60188 104,341.92 NV5 213477 1/28-2/24/24 ONCALL SURVEY SVCS FR... Technical 401-0000-60108 32.20 BENGAL ENGINEERING INC 213458 02/2024 - DUNE PALMS BRIDGE LOW W... Design 401-0000-60185 1,862.38 PLANT REPROGRAPHICS SYS... 213479 CITYWIDE MISC ADA IMPROVEMENTS C... Construction 401-0000-60188 160.70 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 111,614.70 Fund: 501- FACILITY & FLEET REPLACEMENT AMERICAN TIRE DEPOT 213457 TIRES FOR 2022 CHEVY EQUINOX VIN# L... Vehicle Repair & Maintenan... 501-0000-60676 149.44 CHEVROLET CADILLAC 213462 MAINT FOR CHECY SILVERADO VIN #Z17... Vehicle Repair & Maintenan... 501-0000-60676 103.44 Fund 501- FACILITY & FLEET REPLACEMENT Total: 252.88 Fund: 502 - INFORMATION TECHNOLOGY INTELESYSONE 213470 03/22-04/21/24- PHONE SYSTEM MAIN... Technical 502-0000-60108 3,000.00 INTELESYSONE 213470 04/22-05/21/24- PHONE SYSTEM MAIN... Technical 502-0000-60108 3,000.00 VIVID STAGING SOLUTIONS 213493 A/V SVCS FOR 3/20/24 CC & B/C JOINT ... Technical 502-0000-60108 3,746.41 Fund 502 - INFORMATION TECHNOLOGY Total: 9,746.41 Grand Total: 268,555.04 4/5/2024 5:03:46 PM Page 2 of 4 184 Demand Register Packet: APPKT03760 - 03/29/2024 JB Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 215 - LIGHTING & LANDSCAPING FUND 224-TUMFFUND 270 - ART IN PUBLIC PLACES FUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY Account Number 101-0000-20310 101-0000-22830 101-0000-43505 101-0000-43631 101-1001-60320 101-1002-60101 101-1002-60510 101-2001-60176 101-2001-60420 101-2002-60400 101-2002-61200 101-2002-61304 101-2002-61400 101-3003-60149 101-3005-60184 101-3005-60431 101-3005-60554 101-3005-60557 101-3005-60691 101-3005-61202 101-3005-61203 101-3005-61205 101-3005-61209 101-3007-60450 101-3008-60431 101-3008-60691 101-6003-60118 101-6004-60108 101-6004-60125 101-7002-60183 101-7002-60420 101-7006-60480 201-7003-60429 215-7004-60431 215-7004-60691 215-7004-61211 224-0000-20320 270-0000-60482 401-0000-20600 401-0000-60108 401-0000-60185 401-0000-60188 501-0000-60676 502-0000-60108 Grand Total: Account Summary Account Name MSHCP Mitigation Fee Miscellaneous Deposits Credit Card Fee Revenue CVMSHCP Admin Fee Travel & Training Contract Services - Admi... Contingency for Operati... Sheriff - Other Operating Supplies Office Supplies Water - Utilities Mobile/Cell Phones/Sate... Cable/Internet - Utilities Community Experiences Fritz Burns Pool Mainten... Materials/Supplies LQ Park Water Feature Tree Maintenance Maintenance/Services Water - Civic Center Park.. Water -Eisenhower Park ... Water -Velasco Park - Uti.. Water -Community Park ... Sponsorships/Advertising Materials/Supplies Maintenance/Services Plan Checks Technical Temporary Agency Servi... Map/Plan Checking Operating Supplies Contributions to Other A... Traffic Control Signs Materials/Supplies Maintenance/Services Water - Medians - Utiliti... TUMF Payable to CVAG Operating Supplies Retention Payable Technical Design Construction Vehicle Repair & Maint... Technical Grand Total: Expense Amount 74,815.51 7,006.11 36,645.55 27,400.00 1,073.88 111,614.70 252.88 9,746.41 268,555.04 Expense Amount 11,375.00 100.00 19.56 -113.75 210.77 3,500.00 3,310.00 2,016.49 273.66 240.20 85.02 200.85 148.16 8,117.00 15,411.00 4,089.05 1,886.00 4,200.00 7,009.98 869.22 80.70 76.48 1,192.86 900.00 767.47 2,391.97 2,841.35 197.00 1,268.16 435.00 39.01 1,677.30 7,006.11 1,956.56 31,075.32 3,613.67 27,400.00 1,073.88 5,217.50 32.20 1,862.38 104,502.62 252.88 9,746.41 268,555.04 4/5/2024 5:03:46 PM Page 3 of 4 185 Demand Register Packet: APPKT03760 - 03/29/2024 JB Project Account Key **None** 111205CT 111205D 201804E 202008CB 202203T 202230RP 202307CT CONCERTE LQACE Project Account Summary Project Account Name **None** Construction Expense Design Expense Landscape & Lighting Median Islan... Contribution Expense Technical Expense Retention Payable Construction Expense Concert Expense La Quinta Art Celebration - Expense Grand Total: Project Name **None** Dune Palms Bridge Imp/BRLKS-52 Dune Palms Bridge Imp/BRLKS-52 Landscape & Lighting Median Islz Avenue 48 Art and Music Line Pr Fred Waring Drive Pavement Reh Cove Trails Parking Lot Improver Citywide Miscellaneous ADA Imp Master Account for all SRR ConCE La Quinta Art Celebration 268,555.04 Expense Amount 114,789.48 104,341.92 1,862.38 30,756.56 1,677.30 32.20 5,217.50 160.70 8,117.00 1,600.00 *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. 4/5/2024 5:03:46 PM Page 4 of 4 186 Demand Register City of La Quinta Packet: APPKT03766 - 04/05/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101-GENERAL FUND FRANCHISE TAX BOARD 213519 GARNISHMENT Garnishments Payable 101-0000-20985 223.79 UNITED WAY OF THE DESERT 213547 CONTRIBUTION United Way Deductions 101-0000-20981 32.00 FRANCHISE TAX BOARD 213519 GARNISHMENT Garnishments Payable 101-0000-20985 218.79 CHAVEZ, SEIRI SAMAGUEY 137 FY 23/24 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 SEVILLA, RAMSES 213538 FY 23/24 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 200.00 ELIZALDE, MANUEL 139 FY 23/24 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 75.00 DELGADO AGUILERA, JOSE A 213512 FY 23/24 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 152.24 DORAN, CAROLINE 138 FY 23/24 WELLNESS DOLLARS REIMB C.... Annual Wellness Dollar Reim... 101-1004-50252 136.00 FOSTER, ROCIO 213518 CHECK POINT FOOD REIMB R.FOSTER Special Enforcement Funds 101-2001-60175 205.49 FOSTER, ROCIO 213518 COP TRAINING SNACKS REIMB R.FOSTER Travel & Training 101-2001-60320 39.00 BURNS, ALICE QUIROZ 213502 REMAINING BAL FOR CUPCAKES BDAY E... Community Experiences 101-3003-60149 855.00 FLORES, CHERI 213517 3/5-3/7/24 PLANNING COMMISSION AC... Travel & Training 101-6002-60320 247.78 PROPER SOLUTIONS INC 213534 03/22/24 - TEMP AGENCY SERVICES J.FE... Temporary Agency Services 101-6004-60125 951.12 TUFF SHED INC 213546 SHEDS FOR FIRE STATIONS Fire Station 101-2002-60670 3,193.99 TUFF SHED INC 213546 SHEDS FOR FIRE STATIONS Fire Station 101-2002-60670 3,193.99 TUFF SHED INC 213546 SHEDS FOR FIRE STATIONS Fire Station 101-2002-60670 3,193.99 VERITAS TECHNOLOGIES LLC 213548 02/2024 - DATA BACK UP FOR LASERFIC... Professional Services 101-1005-60103 997.85 DUNN-EDWARDS CORPORAT... 213516 PAINT & PAINT SUPPLIES Materials/Supplies 101-3008-60431 578.52 VINTAGE ASSOCIATES 213551 03/18-03/22/24 BEAR CREEK TRAIL LAB... Maintenance/Services 101-3005-60691 7,686.00 VINTAGE ASSOCIATES 213551 03/25-03/29/24 BEAR CREEK TRAIL LAB... Maintenance/Services 101-3005-60691 8,007.00 ALL PRO BEVERAGE INC 213496 COFFEE SUPPLIES FOR LOBBY MACHINE Citywide Supplies 101-1007-60403 323.47 XPRESS GRAPHICS 213553 VEHICLE STICKERS Operating Supplies 101-6006-60420 131.97 XPRESS GRAPHICS 213553 EASTER EGG HUNT SIGNS Printing 101-3007-60410 333.69 JENSEN, SHARLA W 213525 1 DAY SESSION CLASSES Instructors 101-3002-60107 96.00 JENSEN, SHARLA W 213525 PERSONAL TRAINING 3 SESSIONS CLASS Instructors 101-3002-60107 132.00 JENSEN, SHARLA W 213525 PERSONAL TRAINING 6 SESSIONS CLASS Instructors 101-3002-60107 528.00 VIELHARBER, KAREN 213550 GENTLE YOGA TUESDAY DI CLASSES Instructors 101-3002-60107 63.00 WILLIAMS, BILLEE 213552 MAT PILATES DI CLASSES Instructors 101-3002-60107 25.20 WILLIAMS, BILLEE 213552 YOGA FLOW CLASS Instructors 101-3002-60107 12.60 SHIRY, TERESA 213539 BALLROOM BEGINNING DI CLASSES Instructors 101-3002-60107 73.50 RUDY, LORI A 213536 ESSENTIAL FITNESS DI CLASSES Instructors 101-3002-60107 92.40 HEWETT, ATSUKO YAMANE 213521 TAI CHI YANG CLASS Instructors 101-3002-60107 117.60 ACOSTA, ESEQUIEL 213495 FACILITY RENTAL DEPOSIT REFUND Miscellaneous Deposits 101-0000-22830 100.00 CONSOLIDATED ELECTRICAL ... 213510 ELECTRICAL PARTS FOR LQ PARK Materials/Supplies 101-3008-60431 31.39 ODP BUSINESS SOLUTIONS, L... 213528 CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 88.77 ODP BUSINESS SOLUTIONS, L... 213528 DESK RISER FOR M.GONZALEZ Operating Supplies 101-6006-60420 198.02 DESERT RECREATION DISTRI... 213514 02/2024 - FB POOL OPERATIONS & PRO... Fritz Burns Pool Programming 101-3003-60184 5,559.32 SMITH PIPE & SUPPLY CO 213540 IRRIGATION PARTS Materials/Supplies 101-3005-60431 508.77 BIO-TOX LABORATORIES 213499 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 571.30 BIO-TOX LABORATORIES 213499 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 904.35 BIO-TOX LABORATORIES 213499 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 2,152.16 THE CHAMBER 213542 04/2024 - GEM PUBLICATION Marketing & Tourism Promot.. 101-3007-60461 14,465.75 THE SHERWIN-WILLIAMS CO. 213544 PARTS FOR PAINT SPRAYER GUN Operating Supplies 101-7003-60420 46.75 DEPARTMENT OF JUSTICE 213513 02/2024 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 140.00 PATTON DOOR & GATE 213532 FS #32 DOOR REPAIRS Maintenance/Services 101-2002-60691 960.00 PATTON DOOR & GATE 213532 FS #93 DOOR CHAIN REPAIRS Maintenance/Services 101-2002-60691 875.00 BURRTEC WASTE & RECYCLI... 213503 FY 23/24 PROPERTY TAX PAYMENT SS1 Due to Waste Management 101-0000-20307 3,809,516.57 BURRTEC WASTE & RECYCLI... 213503 FY 23/24 PROPERTY TAX PAYMENT SS1 Franchise Taxes - Burrtec 101-0000-41505 -379,575.35 DISH NETWORK 213515 03/22-04/21/24 - EOC CABLE Cable/Internet - Utilities 101-2002-61400 106.71 THE LOCK SHOP, INC 213543 KEYS FOR JANITORIAL COMPANY Materials/Supplies 101-3008-60431 116.62 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electricity - Utilities 101-2002-61101 1,531.40 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric -Civic Center Park - U.. 101-3005-61103 5,127.06 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Fritz Burns Park - Uti.. 101-3005-61105 2,230.42 4/5/2024 5:03:17 PM Page 1 of 5 187 Demand Register Packet: APPKT03766 - 04/05/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Sports Complex - Uti.. 101-3005-61106 6,750.82 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Community Park - U... 101-3005-61109 10,437.41 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Velasco Park - Utiliti... 101-3005-61111 14.36 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Eisenhower Park - U... 101-3005-61113 20.43 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Desert Pride - Utiliti... 101-3005-61114 13.68 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electricity - Utilities 101-3008-61101 21,831.32 COACHELLA VALLEY WATER D.. 213509 WATER SERVICE PM 10 - Dust Control 101-7006-60146 127.46 COACHELLA VALLEY ASSOC 0... 213508 01/2024 - ARTS AND MUSIC LINE SHARE... Contributions to Other Agenc.. 101-7006-60480 63.75 CLEARSOURCE FINANCIAL C... 213507 FY 23/24 ASSESSMENT CALC & TAX ROLL.. Consultants 101-7002-60104 3,500.00 STATE OF CALIFORNIA DEPA... 213541 CH ELEVATOR INSPECTION Annual Permits/Inspections 101-3008-60196 450.00 PACIFIC WEST AIR CONDITIO... 213531 12/7-12/8/23 - CH HVAC REPAIRS HVAC 101-3008-60667 3,880.28 PACIFIC WEST AIR CONDITIO... 213531 CH HVAC AH-1 CONTROLLER REPLACEM... HVAC 101-3008-60667 11,027.00 CONVERGINTTECHNOLOGIES.. 213511 01/23/24 - CITYWIDE CAMERAS REPAIRS Public Safety Camera System... 101-2001-60692 5,708.00 PETRA-1, LP 213533 WC GYM WIPES 4 CASES Operating Supplies 101-3002-60420 846.82 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - SilverRock Event Sit... 101-3005-61115 2,249.52 COACHELLA VALLEY WATER D.. 213509 WATER SERVICE Water -Fritz Burns Park - Utili... 101-3005-61204 1,587.33 COACHELLA VALLEY WATER D.. 213509 WATER SERVICE Water - Utilities 101-3008-61200 557.67 BUREAU VERITAS NORTH A... 213501 ON -CALL BUILDING PLAN REVIEW Plan Checks 101-6003-60118 6,459.35 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Sheriff Patrol 101-2001-60161 621,329.86 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Police Overtime 101-2001-60162 121,532.71 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Target Team 101-2001-60163 119,237.66 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Community Services Officer 101-2001-60164 59,204.00 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Gang Task Force 101-2001-60166 17,150.40 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Narcotics Task Force 101-2001-60167 12,862.80 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Motor Officer 101-2001-60169 125,329.42 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Dedicated Sargeants 101-2001-60170 50,759.01 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Dedicated Lieutenant 101-2001-60171 25,496.00 RIVERSIDE COUNTY SHERIFF ... 213535 01/11-02/07/24 - BP #8 POLICE SERVICES Sheriff - Mileage 101-2001-60172 32,799.58 HINDERLITER DE LLAMAS & ... 213522 1/1-3/31/24 - SALES TAX CONTRACT/A... Consultants 101-1006-60104 2,433.89 HINDERLITER DE LLAMAS & ... 213522 1/1-3/31/24 - TRANSACTIONS TAX CON... Consultants 101-1006-60104 306.95 Fund 101- GENERAL FUND Total: 4,761,939.47 Fund: 201- GAS TAX FUND TOPS' N BARRICADES INC 213545 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 2,025.60 PACIFIC PRODUCTS AND SER... 213530 STREET SIGN PARTS Traffic Control Signs 201-7003-60429 1,141.88 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electricity - Utilities 201-7003-61101 1,133.37 Fund 201 - GAS TAX FUND Total: 4,300.85 Fund: 202 - LIBRARY & MUSEUM FUND IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electricity - Utilities 202-3004-61101 4,432.78 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electricity - Utilities 202-3006-61101 1,216.29 Fund 202 - LIBRARY & MUSEUM FUND Total: 5,649.07 Fund: 210 - FEDERAL ASSISTANCE FUND BOYS & GIRLS CLUB OF COA... 213500 FY 23/24 CDBG FUNDING CDBG Public Service Grants 210-0000-60135 16,419.00 Fund 210 - FEDERAL ASSISTANCE FUND Total: 16,419.00 Fund: 215 - LIGHTING & LANDSCAPING FUND VINTAGE ASSOCIATES 213551 03/20/24 - WEED ABATEMENT ON EISE... Maintenance/Services 215-7004-60691 624.00 SMITH PIPE & SUPPLY CO 213540 IRRIGATION PARTS Materials/Supplies 215-7004-60431 293.86 MACIAS NURSERY, INC. 213527 DISCOUNT ON PLANTS FOR INV 94471 Materials/Supplies 215-7004-60431 -195.75 MACIAS NURSERY, INC. 213527 PLANTS Materials/Supplies 215-7004-60431 3,251.63 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 6,626.87 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 3,212.57 COACHELLA VALLEY WATER D.. 213509 WATER SERVICE Water - Medians - Utilities 215-7004-61211 3,903.68 IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 932.29 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 18,649.15 Fund: 221- AB 939 - CALRECYCLE FUND BURRTEC WASTE & RECYCLI... 213503 FY 23/24 PROPERTY TAX PAYMENT SS1 Burrtec AB 939 Fee 221-0000-41506 -13,763.10 Fund 221 - AB 939 - CALRECYCLE FUND Total: -13,763.10 Fund: 235 - SO COAST AIR QUALITY FUND COACHELLA VALLEY ASSOC 0... 213508 10/1-12/31/23 -VEHICLE REGISTRATION.. CVAG 235-0000-60186 8,709.07 4/5/2024 5:03:17 PM Page 2 of 5 188 Demand Register Packet: APPKT03766 - 04/05/2024 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount IMPERIAL IRRIGATION DIST 213523 ELECTRICITY SERVICE Electricity -Utilities 235-0000-61101 3,669.42 Fund 235 - SO COAST AIR QUALITY FUND Total: 12,378.49 Fund: 241- HOUSING AUTHORITY CAHA, BECKY 213504 03/2024 - HOUSING CONSULTANT SERV... Professional Services 241-9101-60103 5,650.00 Fund 241- HOUSING AUTHORITY Total: 5,650.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS JTB SUPPLY CO., INC. 213526 IN -SITE LANDSCAPE ARCHITE... 213524 ORTIZ ENTERPRISES INC. 213529 ORTIZ ENTERPRISES INC. 213529 AMERICAN BUSINESS BANK 213497 CONVERGINT TECHNOLOGIES.. 213511 CONVERGINT TECHNOLOGIES.. 213511 Fund: 501- FACILITY & FLEET REPLACEMENT CALI COLLISION CORP 213505 AMERICAN TIRE DEPOT 213498 AMERICAN TIRE DEPOT 213498 S&D CARWASH MANAGEME... 213537 Fund: 502 - INFORMATION TECHNOLOGY CHARTER COMMUNICATIONS- 213506 CHARTER COMMUNICATIONS- 213506 CHARTER COMMUNICATIONS- 213506 ACORN TECHNOLOGY SERVI... 213494 VERMONT SYSTEMS INC 213549 VERMONT SYSTEMS INC 213549 Fund: 601- SILVERROCK RESORT GARDAWORLD 213520 GARDAWORLD 213520 FLO PANEL B FILTERS (11) Construction 401-0000-60188 MASTER PLANNING SERVICES FOR FRITZ... Design 401-0000-60185 03/2024 - DUNE PALMS BRIDGE PROGR... Retention Payable 401-0000-20600 03/2024 - DUNE PALMS BRIDGE PROGR... Construction 401-0000-60188 02/2024 DUNE PALMS BRIDGE RETENTI... Retention Payable 401-0000-20600 01/2024 - CITYWIDE CAMERA SYSTEM ... Construction 401-0000-60188 02/2024 - CITYWIDE CAMERA SYSTEM ... Construction 401-0000-60188 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: REPAIRS 2022 CHEVY EQUINOX VIN L18... Vehicle Repair & Maintenan... 501-0000-60676 TIRES FOR 2022 CHEVY COLORADO VIN ... Vehicle Repair & Maintenan... 501-0000-60676 TIRES FOR 2022 CHEVY SILVERADO VIN ... Vehicle Repair & Maintenan... 501-0000-60676 01/2024 -CAR WASH MEMBERSHIP Vehicle Repair & Maintenan... 501-0000-60676 Fund 501- FACILITY & FLEET REPLACEMENT Total: 02/15-03/14/24 - WC CABLE (8105) Cable/Internet - Utilities 502-0000-61400 03/20-04/19/24 - WC CABLE (1909) Cable/Internet - Utilities 502-0000-61400 03/12-04/11/24 - CITY YARD (4080) Cable/Internet - Utilities 502-0000-61400 04/2024 - IT SERVICES Consultants 502-0000-60104 SERVER MIGRATION ASSISTANCE Software Licenses 502-0000-60301 SERVER MIGRATION ASSISTANCE Software Licenses 502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total: 02/2024 - SRR ARMORED SVC EXCESS IT... Bank Fees 02/2024 - SRR ARMORED SVC TIER PRIG.. Bank Fees 1,495.50 36,382.35 -54,799.26 1,095,985.23 54,799.26 1,937.42 1,937.42 1,137,737.92 3,911.85 273.62 750.72 779.61 5,715.80 166.60 13.22 82.07 29,304.00 393.75 787.50 30,747.14 601-0000-60455 8.32 601-0000-60455 177.43 Fund 601- SILVERROCK RESORT Total: 185.75 Grand Total: 5,985,609.54 4/5/2024 5:03:17 PM Page 3 of 5 189 Demand Register Packet: APPKT03766 - 04/05/2024 JB Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 210 - FEDERAL ASSISTANCE FUND 215 - LIGHTING & LANDSCAPING FUND 221- AB 939 - CALRECYCLE FUND 235 - SO COAST AIR QUALITY FUND 241- HOUSING AUTHORITY 401- CAPITAL IMPROVEMENT PROGRAMS 501- FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 601- SILVERROCK RESORT Account Number 101-0000-20307 101-0000-20981 101-0000-20985 101-0000-22830 101-0000-41505 101-1004-50252 101-1005-60103 101-1006-60104 101-1007-60403 101-2001-60161 101-2001-60162 101-2001-60163 101-2001-60164 101-2001-60166 101-2001-60167 101-2001-60169 101-2001-60170 101-2001-60171 101-2001-60172 101-2001-60174 101-2001-60175 101-2001-60320 101-2001-60692 101-2002-60670 101-2002-60691 101-2002-61101 101-2002-61400 101-3002-60107 101-3002-60420 101-3003-60149 101-3003-60184 101-3005-60431 101-3005-60691 101-3005-61103 101-3005-61105 101-3005-61106 101-3005-61109 101-3005-61111 101-3005-61113 101-3005-61114 101-3005-61115 101-3005-61204 101-3007-60410 Grand Total: Account Summary Account Name Due to Waste Managern United Way Deductions Garnishments Payable Miscellaneous Deposits Franchise Taxes - Burrtec Annual Wellness Dollar ... Professional Services Consultants Citywide Supplies Sheriff Patrol Police Overtime Target Team Community Services Offi... Gang Task Force Narcotics Task Force Motor Officer Dedicated Sargeants Dedicated Lieutenant Sheriff - Mileage Blood/Alcohol Testing Special Enforcement Fu... Travel & Training Public Safety Camera Sys... Fire Station Maintenance/Services Electricity - Utilities Cable/Internet - Utilities Instructors Operating Supplies Community Experiences Fritz Burns Pool Progra... Materials/Supplies Maintenance/Services Electric - Civic Center Pa... Electric - Fritz Burns Park... Electric - Sports Complex... Electric - Community Par... Electric - Velasco Park - ... Electric - Eisenhower Par... Electric - Desert Pride - U.. Electric - SilverRock Even... Water -Fritz Burns Park-... Printing Expense Amount 4,761,939.47 4,300.85 5,649.07 16,419.00 18,649.15 -13,763.10 12,378.49 5,650.00 1,137,737.92 5,715.80 30,747.14 185.75 5,985,609.54 Expense Amount 3,809,516.57 32.00 442.58 100.00 -379,575.35 763.24 997.85 2,740.84 412.24 621,329.86 121,532.71 119,237.66 59,204.00 17,150.40 12,862.80 125,329.42 50,759.01 25,496.00 32,799.58 3,767.81 205.49 39.00 5,708.00 9,581.97 1,835.00 1,531.40 106.71 1,140.30 846.82 855.00 5,559.32 508.77 15,693.00 5,127.06 2,230.42 6,750.82 10,437.41 14.36 20.43 13.68 2,249.52 1,587.33 333.69 4/5/2024 5:03:17 PM Page 4 of 5 190 Demand Register Packet: APPKT03766 - 04/05/2024 JB Account Summary Account Number Account Name Expense Amount 101-3007-60461 Marketing & Tourism Pr... 14,465.75 101-3008-60196 Annual Permits/Inspecti... 450.00 101-3008-60431 Materials/Supplies 726.53 101-3008-60667 HVAC 14,907.28 101-3008-61101 Electricity - Utilities 21,831.32 101-3008-61200 Water - Utilities 557.67 101-6002-60320 Travel & Training 247.78 101-6003-60118 Plan Checks 6,459.35 101-6004-60125 Temporary Agency Servi... 951.12 101-6006-60420 Operating Supplies 329.99 101-7002-60104 Consultants 3,500.00 101-7003-60420 Operating Supplies 46.75 101-7006-60146 PM 10 - Dust Control 127.46 101-7006-60480 Contributions to Other A... 63.75 201-7003-60429 Traffic Control Signs 3,167.48 201-7003-61101 Electricity - Utilities 1,133.37 202-3004-61101 Electricity - Utilities 4,432.78 202-3006-61101 Electricity - Utilities 1,216.29 210-0000-60135 CDBG Public Service Gra... 16,419.00 215-7004-60431 Materials/Supplies 3,349.74 215-7004-60691 Maintenance/Services 624.00 215-7004-61116 Electric - Utilities 7,559.16 215-7004-61117 Electric - Medians - Utilit... 3,212.57 215-7004-61211 Water - Medians - Utiliti... 3,903.68 221-0000-41506 Burrtec AB 939 Fee -13,763.10 235-0000-60186 CVAG 8,709.07 235-0000-61101 Electricity - Utilities 3,669.42 241-9101-60103 Professional Services 5,650.00 401-0000-20600 Retention Payable 0.00 401-0000-60185 Design 36,382.35 401-0000-60188 Construction 1,101,355.57 501-0000-60676 Vehicle Repair & Maint... 5,715.80 502-0000-60104 Consultants 29,304.00 502-0000-60301 Software Licenses 1,181.25 502-0000-61400 Cable/Internet - Utilities 261.89 601-0000-60455 Bank Fees 185.75 Grand Total: 5,985,609.54 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 4,843,269.44 111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-52 1,095,985.23 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-52 0.00 201804E Landscape & Lighting Median Islan... Landscape & Lighting Median Islz 3,349.74 202003CT Construction Expense Citywide Public Safety Camera Sy 3,874.84 202008CB Contribution Expense Avenue 48 Art and Music Line Pr( 63.75 202102D Design Expense Fritz Burns Park Improvements 36,382.35 2324TMICT Construction Expense FY23/24 Traffic Maintenance ImF 1,495.50 BDAYE City Picnic & Birthday Celebration ... City Picnic & Birthday Celebratior 855.00 EGGE La Quinta Egg Hunt Expense La Quinta Egg Hunt 333.69 Grand Total: 5,985,609.54 *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. 4/5/2024 5:03:17 PM Page 5 of 5 191 ATTACHMENT 2 City of La Quinta Bank Transactions 3/25/2024-4/5/2024 Wire Transaction Listed below are the wire transfers from 3/25/2024 - 4/5/2024. Wire Transfers: 03/28/2024 - WIRE TRANSFER - LANDMARK 03/29/2024 - WIRE TRANSFER - CALPERS 03/29/2024 - WIRE TRANSFER - CALPERS 03/29/2024 - WIRE TRANSFER - CALPERS 03/29/2024 - WIRE TRANSFER - CALPERS 03/29/2024 - WIRE TRANSFER - LQCEA 04/02/2024 - WIRE TRANSFER - AMERITAS 04/02/2024 - WIRE TRANSFER - AMERITAS 04/02/2024 - WIRE TRANSFER - STANDARD OF OREGON 04/02/2024 - WIRE TRANSFER - AMERITAS 04/02/2024 - WIRE TRANSFER - COLONIAL LIFE 04/02/2024 - WIRE TRANSFER - MISSION SQAURE 04/02/2024 - WIRE TRANSFER - MISSION SQAURE 04/05/2024 - WIRE TRANSFER - CALPERS TOTAL WIRE TRANSFERS OUT $249,534.56 $477.31 $5,831.81 $15,494.38 $31,432.50 $495.00 $44.98 $1,017.21 $1,564.52 $6,646.98 $9,118.64 $4,125.00 $12,993.19 $145,687.83 $484,463.91 192 City of La Quinta Purchase Orders 01 /1 /24 — 03/31 /24 ATTACHMENT 3 Purchase Orders Listed below are Purchase Orders issued from 01/1/24 — 03/31/24 with a value between $25,000 and $50,000 for City Council review. Vendor Matrix Consulting Group Quality Street Service Iteris Logic Compensation Group, Inc P.0 Number Amount Purpose 2324-0158 $ 47,000.00 Department Assessment 2324-0176 $ 49,000.00 Emergency Street Sweeping Service 2324-0187 $ 29,017.16 Traffic Signal Video Detection Equipment 2324-0208 $ 45,000.00 City Classification & Compensation Review 193 194 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITLE : APPROVE PRELIMINARY DESIGN PLANS AND AUTHORIZE STAFF TO MOVE FORWARD TO FINAL DESIGN STAGE FOR THE LA QUINTA CULTURAL CAMPUS PROJECT NO. 2019-01 RECOMMENDATION Approve preliminary design plans and authorize Staff to move forward to final design stage for the La Quinta Cultural Campus Project No. 2019-01. EXEGUI ivt OUNI AMA' • In March 2022, an agreement was approved with architecture firm Hammel, Green, and Abrahamson (HGA) to provide master planning and preliminary design services for the La Quinta Cultural Campus Project (Project). • HGA presented Project design updates to Council in June 2022, March 2023, and July 2023, to receive direction and feedback from Council. • HGA has incorporated input from Council, staff, and stakeholders in the Project design and is presenting the final preliminary plans for approval and authorization to begin final design stage. FISCAL IMPACT The Project budget was allocated in fiscal years (FY) 2019/20 and 2020/21 Capital Improvement Program (CIP), which includes sufficient funding of $473,550 for master planning and preliminary design services. The current Project budget of $3,310,000 is available for FY 2023/24. FY 2024/25 proposes to include an additional $1,500,000 for design and construction. The following is the Project budget: Current Project Budget Proposed Project Budget Professional $ 190,182 $ 190,182 Master Planning/Design $ 532,114 $ 1,032,114 Construction $ 2,053,636 $ 3,053,636 Inspection/Testing/Survey $ 217,705 $ 217,705 Contingency $ 316,363 $ 316,363 TOTAL: $ 3,310,000 $ 4,810,000 195 The current estimate to construct the Project is $6,364,000 and does not include the Lumberyard Building. Staff will bring the final estimate back to Council once the final plans and estimate are prepared to request an additional allocation of funds. BACKGROUND/ANALYSIS The components of the La Quinta Cultural Campus include the La Quinta Museum, Lumberyard, casita, archive, and art plaza/gathering space referred to as the "oasis" (Attachment 1). In March 2022, an agreement was approved with HGA to provide master planning and preliminary design services for the Project with a focus on the following areas: • Creating a more welcoming and clearly defined museum entrance • Improving museum flow and functionality • Creating an inviting outdoor space for small events, art opportunities, and educational workshops • Expanding and enhancing archive space HGA has worked collaboratively with staff and stakeholders, including the La Quinta Historical Society and a Cahuilla Tribal consultant, to develop and refine the preliminary plans. HGA also presented Project design updates to Council in June 2022, March 2023, and July 2023, to receive direction and feedback from Council. After incorporating input from all stakeholders, HGA has designed a Cultural Campus that is functional, beautiful, and will serve as a gathering place for the community to enjoy educational, imaginative, and memorable experiences. Staff recommends designing the components of the Cultural Campus to be constructed at one time, as opposed to building each component in separate phases. This will reduce design conflicts and the overall cost of construction. ALTERNATIVES Council may choose to not approve the preliminary design plans and/or direct staff to modify the designs. Prepared by: Michael Calderon, Community Services Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachments: 1. Cultural Campus Rendering 2. Detailed Preliminary Cost Estimate 3. HGA Presentation 196 ATTACHMENT 1 r 1 Aisle. Lumberyard i Oasis r Museum f; art- i _I � J -4v✓•rr.7!/I�/irr�"'��7/qr ,nAID fit' - �� r �. Casita I . 1 197 Cost Estimate S u m m a ry ATTACHMENT 2 S/TEWORK F BUILDINGS SUBTOTAL A. PROMENADE 6,400 sgft 5,400 sgft $526,327 1$455,231 $657,093 B. ENTRY COURTYARD C. OASIS 1N/A G. EXTERIOR HALL ENCLOSURE E. OFFICE D. LOBBY/ OFFICE/ARCHIVE F. NEWARCH/VE BLDG TOTAL AREA 1,850 sgft 5,648 sgft 205 sgft 350 sgft 1,034 sgft 2,550 sgft 18,037 sgft MASTERPLAN 2, 000 sgft 5,480 sgft N/A 301 sgft 1 002 sgft 2,200 sgft 18,717 sgft***" TOTAL CONSTRUCT/ONCOST" $505,753 $1,431,988 $108,478 $122,466 $284,629 $3,400,817 $6,380,458 MASTERPLAN $402,730 $698,699 $176,012 $534,050 $2,988,342 $6,329,656*"* TO TALPROJECT COST* *'" $631,818 $1,811,697 $133,266 $160,949 $360,167 $4,214,654 $7,969,644 MASTERPLAN $601251 *DIAGRAM NOT TO SCALE **TOTAL CONSTRUCTION COST INCLUDES: CONSTRUCTION MATERIALS, LABOR, CONTINGENCY AND ESCALATION ***TOTAL PROJECT COST INCLUDES PROFESSIONAL DESIGN SERVICES, TESTING, FURNISHINGS, TECHNOLOGY AND CONTINGENCY ****MASTERPLAN SUBTOTALS INCLUDE LUMBERYARD AND CASITA, WHICH HAVE BEEN REMOVED FROM CURRENT PROJECT SCOPE $515,753 $910,852 AVENIDA MONTEZUMA Q N O z A. PROMENADE Lu 6,400 SQFT Q $526K LU B. ENTRY Q- COURTYARD 1,850 SQFT $505K j G. EXTERIOR HALL ENCLOSURE j 205 SQFT j $108K E. OFFICE 350 SQFT $122K D. LOBBY( OFFICE/ARCHIVE 1,034 SQFT $284K N/A $252, 981 $6 92, 831 $3,776,173 $7,824,438*`*" F. NEW ARCHIVE BUILDING 2,550 SQFT N $3,400K HGALQCC - City Council 100% PD Milestone Presentation 1 49 198 ATTACHMENT 3 CITY OF LA QUINTA MUSEUM & HISTORICAL SOCIETY CITY COUNCIL 100% PD MILESTONE PRESENTATION HGA I APRIL 2024 HG tit X y ;�,�q f % by t � I ', �• '{ ` ' ' * ' � _ f i 5 �R _ 5 E 1- tyi I f y.• J• I e �1 ' 'a+ • � � r �� � . -�F':f F,�#Ir + s•a�' + ., '�+•1 �. �.�• �� r" ` AFL- . IL Jb dp jo v ,� R {—• r i#�, ,+�• • r' - r•-r y . •a +. by . • — . far+may-.��� -[ v • .. J - ,�`' •�• + � _ �� �� r_ i 4 ' J. I a . _ +Y r"if a ai. 4. ���� �� - .. - Ji- ' •}. F+M ! #; I ++' '-'rye �( � y' ..dpp IV — IL 11II _ y YYY �•'�J• r T f L �1r �*�i������ 7■ �� 'Y1 .1: �• - � ate'' • _ `a. 1 �+ - ` - '`*'� F- * �i•, •`Ir � �� J� ,ram .� � •�• 1 � 1 ���f���� �� �' - `�: _ .y +• _J �• � � { i I •r 1 I •, �S" Ij ..'r to 1 i u Y i - - __ ,y l�r��Y`. ..i ... ••�.�•. _ ._ s ,'■� •1- tea � ,. � = '-.S + � , r � +. � 5 'I` -tip '■ �� _ I' y yam` T �,`•. -E ' }r \ P w t. 200 Schedule Overview MASTER PLAN 100% PRELI' DESIGN 100% HGA LQCC - City Council 100% PD Milestone Presentation 1 3 201 Preserving the past, enriching the present and enhancing the future for all generations. HGA r I A I� � I io I � Museum I An Immersive Natura & Cu tural Campus: New Historica Society Archive, Museum Improvments, Cohuillo Ethnobotanica Garden, Arts Promenade, and Cultural Oasis HGALQCC - City Council 100% PD Milestone Presentation 1 5 203 Recap Master Plan i IKOM2 HA LQCC - City Council 100% PID Milestone Presentation 1 6 204 Cultural Campus Improvement Strategies ARRIVAL EXPERIENCE Park I Parking I I I ARTS PROMENADE • it La Quinta City Center - ARTS PROMENADE Animated Streetfront OPERATIONS I SWITCH AND STITCH Internal Connections EXPANSION ^nen Lot 4000 Sf 1 01 MU FRAME, UNIFY AND FLEX Edge Definition LQCC - City Council 100% PD Milestone Presentation 1 7 205 Overall Plan Scope of Work AVENIDA MONTEZUMA 1,arit4i A ALLEY HGA Jfff I! N 0 5' 10' 20' 40' LQCC -City Council 100% PD Milestone Presentation 18 206 Construction Cost Estimate Summary MASTER PLAN (07/07/2023) � $6,329,656 100% PRELIMINARY DESIGN (04/16/2024) � $6,380,458 • 15% CONTRACTORS GR/GC, OVERHEAD & PROFIT • 6% ESCALATION PER YEAR • 12% DESIGN & CONTRUCTION CONTINGENCY AVENIDA MONTEZUMA w I & I a. N -A -M :'�`5261327. q --W, I- �15,573J ALLEY HGA $1,4311988 N 0 5' 10' 20' 40' LQCC - City Council 100% PD Milestone Presentation 19 207 Ak 0 *Is lwk Effilffelfle 208 Transformation Overview NEW BUILDING ADDITION OASIS Exist *i Ing Future PROMENADE HA LQCC - City Council 100% PD Milestone Presentation 1 11 209 ol adm . . . . . . . ... ����������NfIMll�lll���llllll Promenade Existing vs. New _ �ti • � � h e6Qluc = . rts ram:. `�°+� P r:�r"rl r 1,1 JIIia.,'Ir�r+lJJr�r Ylri. rlJ.;;.+Jii{.+. rJ rrri r+l 11 .... Jiliiri JliJri,�l.ri�r III I !u iFl Fllaa tii r: 1+;?+1; . .1�;r1j 1 f11;{f ✓' j!; _. •; �� �J � � - .rJ'1 1 rIJiJ11 ..I lJ. rJ rrl.rlJ lr..l.Ii Jr..lrr —J. ti J- • 1 . J,rya, Jrryrf J, Jlr+l„ :rri' 14r •= +{J. rrr+Jlll.I.nill Inuullr -l.I...... ....4111JJ1 - �1� y�..� f ! ! t• {i rri i Id iFFJ d. 4. I.d., a'Fr �•f�• rrtrr:trterrlr�r�rrtr - J+ } x 4AFiItYa wu j r.lr.- 's.r ■rr F .� '' � � .�T. + •�I I • If —�4� � �1 I !� i� 1 [i � •� .• r� �..r• � h HGA LQCC -City Council 100% PD Milestone Presentation 1 13 211 Overall Plan Entry Sequence AVENIDA MONTEZUMA Q N O n W Q n w Q BACK OF HOUSE HGA PRIMARY ENTRY , f� � A* Jti. f \ .' J. �,l _rid+ .r EXISTING PLAZA e F A 4 �4 .mi"i mp... .16W 1 ALLEY IS BACK OF HOUSE N 0 5' 10' 20' 40' LQCC - City Council 100% PD Milestone Presentation 1 14 212 Overall Plan Activities AVENIDA MONTEZUMA �1,JNJ��Jr�J� i POPUP STANDST,f r f f -, + FFICE ADMI r i FARMERS' N ARTS PUBLIC-VVIFi f I . l ~ r WEDDING WATER FEATURE FIRE PLACE �J ARTISTS' PERFORMANCE MOVIE PRESENTATION PR0JECTIO WALL GUEST SPEAKER ti A*. rr�a SHOP ' GATHERGIFT . _ SEMINAR F RESEARCH & STORAGE DELIVERY RESEARCH & DEVELOPMENT STORAGE DEVELOPMENT �� RESTORATIOI i OFFICE RESENTATION U ATION qq,[j � - �� _ BO - RTIFCATI ADMIN .. - ALLEY BOH M LOADING G N 0 5' 10' 20' 40' LQCC - City Council 100% PD Milestone Presentation 1 15 213 Overall Plan Technology ® Wireless Access Point 0 Pole mounted mounted loudspeaker ■ Floorbox for speaker input ■ Floorbox for AV input AVENIDA MONTEZUMA HGA ALLEY Technology equipment storage .o N LQCC - City Council 100% PD Milestone Presentation 16 214 Preliminary Deign Textures 4 r411K lot OASIS CONCEPT COLLAGE A SPACE EMBEDDED IN THE LANDCAPE. ELEVATED FORMALLY, AND NATURALISTIC AND ORGANIC IN UNITY. p pM HGALQCC - City Council 100% PD Milestone Presentation 117 215 Overall Plan Ethnobotanical Narrative e r 'F y AVENIDA MONTEZUMA Q N , O 0 z - w - � Q Q HGA E J/ fi• -fir � ■ 0 r r; - t1 i I d: �u�}��LL�c NdolallLl�llll� �.. 4 '�I P WINTER N 0 5' 10' 20' 40' LQCC - City Council 100% PD Milestone Presentation 1 18 216 Overall Plan Ha rdsca pe Q N O 0 z w Q z w > N 0 5' 10' 20' 40' LQCC - City Council 100% PD Milestone Presentation 1 19 217 Overall Plan Softsca pe Large Hybrid Fan Palm - 10' BTH Large Medjool Date Palm 12' BTH Small Hybrid Fan Palm # - 4' BTH Tall Standard Feature Tree • - 72" Box Shade Tree - 60" Box Existing Palm - Protect in Place Mesquite - 48' Box Medium Hybrid Fan Palm ' - 6' BTH Small Canopy Tree - 36" Box Large Mounding Shrub i Medium Succulent Medium Shrub - Relocated Existing Shrub from Site Small Shrub Q L _. L N < 0 5' 10' 20' 40' HGA LQCC - City Council 100% PD Milestone Presentation 1 20 218 Ir �4W %l L r IM6. 40 w� r "' 4 C ' L�rt yi• •r • --- .:sF.. � pit r LL yy-— r - 00rr r � -•. �': ' I� •. f. - _, -Sir �11 F • _ _ • +. } r' J.,�� ;ram_'• � r'ir `#5 F'��' ��' '/ �''ti� 4� - • f Af 5,� '� - J' -, Ir frr ir•� �� �� +r` IF I S •k 'Isniyatam is Cahuilla word for "Designs f .. 60 pahiC fit] e 1=Go-; Fr�Ili I I Trz+r{ s se, ish tib'�pek Auk lam F 00'0; �fe-5- 3 LQCC - City Council 100% PD Milestone Presentation 23 221 ti M -1 k,k kil #TWO 6L i'_2 Ile W- aw law qe' I T AL m Ll r V6 Ar Promenade New Amenities Y 1 '�r15 � I � - � 1 ��• __ 4 �'7^M-- '�f... iir' �.::Jr:r` f - j - �r rrr fJ KINETIC PERGOLAS HIGHLIGHTS ENTRY W/ TEXTURE Ilk PUBLIC ART' f ~ (POP -UPS, TEMPORARY INSTALLATIONS) -� _• ' 5 � . ' y -��• r j ETHNOBOTANICAL NARRATIVE (EDUCATION THROUGH SIGNAGE ON PLANTING)' r� SEATING :Y 0 i 1. SHADE~ PUBLIC WIFI # _ (WIRELESS ACCESS POINT) _j I SIGNAGE WAYFINDING TEXTURE t (REFERENCE TO CAHUILLA FOLKLORE) HGA LQCC - City Council 1001 PD Milestone Presentation 1 25 223 Promenade Kinetic Pergolas RENLITA CUSTOM OPENING SOLUTIONS • Basis of Design: 5-1000 Floatoway • integrated safety system identifying anything impeding door travel • Low to no maintenance, high performance 110V motors • Patented safety brake • Battery Back Up a HGA fa } 17„ THi i - 7 L� LQCC - City Council 100% PD Milestone Presentation 1 26 224 Entry Existing Museum HGA LQCC - City Council 100% PD Milestone Presentation 1 27 225 Interiors Scope of Work AVENIDA MONTEZUMA -90 trF{ i� ti N 0 5' 10' 20' 40' LQCC - City Council 100% PD Milestone Presentation 1 28 226 Interiors Materials Palette L Celebrating History .k. - •���. # � ,. .mot 4 x The interior palette has been developed as an extension of the existing building with complimentary materials and finishes Celebrating the rich history of this museum with the modern elements of the future HGA. LQCC -City Council 100 ' PD Milestone Presentation 1 29 227 Interiors Materials Palette qwZ � �( � �. HGA LQCC-City Council ]00% PD Milestone Presentation 130 228 Interiors Existing Renovation Lobby & Gift Shc Lobby/Gift Shop Storage Small Archive F:1 & Workspace Office & SmaH Archive Front Office HGALQCC - City Council 100% PD Milestone Presentation 1 31 229 Interiors Existing Renovation n A\ A r Lobby/Gift Shop 10 j L. ,1 Office & Small Archive L.J L— . I j� S I L P Front Office HCALQCC - City Council 100% PD Milestone Presentation 1 32 230 Entry New Building Addition r�w ' I I HGALQCC - City Council 100% PD Milestone Presentation 1 33 231 Transformation Overview Desert to Oasis Existing Future LQCC - City Council 100% PID Milestone Presentation 1 34 232 lop -'Now 7�1 NO oo, 'lilt' TAW- Q 1. 4 b 4h, t4 4M7 4V.Oi4 AJ Transformation Overview Desert to Oasis Existing Future LQCC - City Council 100% PD Milestone Presentation 1 36 234 Irewi M� ....... ....... ... .. oft IJ I ;M11 will it t few AT Z., VOP A 4L jr r A & W, op 2 I So, 4 FE --w 0 .A, !J4, f. 14900 OP, 4W- op- �..�' r ..: _. -MEL lk .1- 41 1.. �' - z m If. WS " I pin Interiors New Building Addition HGA OFFICE SMALL ARCHIVE & ALLEY N WORKSPACE 0 5' 10' 20' 40' LQCC - City Council 100% PD Milestone Presentation 1 40 237 Interiors New Building Addition 7 Lobby & Gift Sho W--W 40 Storage Small Archive & Workspace ir Vestibule I donferen Unpacking,d Vestibule L rTTFFTrM T-j Large Archive Digital %rchive HA LQCC - City Council 100% PD Milestone Presentation 1 41 238 h of l _i3vTo' l }its r I I = 242 I' r 0 243 • • , _ ' .4` `.Iw .y*tw jy*,I"-1• ` F�. iey •1 �A 4if •r 4f•!TT t i/ .• ' ♦l ►'•f, l 1 M •r . Y! • ' 0.+. fi � 4 �� w f rr r t.. ,a. •.. h Y+.,�• �Il ii'i F L_+ti• f r +- i ■ # t I.-r •" Y�-0R rJ�. .qr_ ` • hit. �+i ♦ :r I fY r-r %� l•li 1 , r` J Icy • i' *�r■-fir +"tr - • _ _ +r:' • Y • l'Y �*+• ,..r M l ,•.. } ff.•�''I'• +rt r• �..• % aA• _ff +1�■''. Y+ff f--,l -r��' •!Y ■• L -• • 4.f �. ,+#-r `•fF • �r•� ■ ai,-.i •i i�r}L'a ■' S ■ " r. * -Y • Fr ■ r .. .i �' �w4 � ■ 'YIY •� • :'if' * �ry% 't. * •r,y I+ i w+ •�Yr! ■• �.� ■ • r%►..f; +ylr.ri/y' r ice' fr 44 y 4a ` 'i 1 r t Y ti' i) , i .t' � ' � .i ti r . 4 y �'• b]� ✓ F �''%f - +� . � ;'�•++� .. ` � ` r` 1� 1. 1. �• 54 1 r.l Y+€�' • a fi y�r r R+Y`.• r i`• i' I � �•. • �:• li•r� �r' -Yfi �} • a� f� r � t ■. ` i`r� •.■.1 �.*■+�. 'F' .'i ,. ,4� • ti li.fY u��rf ray. i_' 1 1a' ri.. •rr r.�* .fir rr �s # • ''J. •�yi 1� �'.7.•i ,4 r• - I i- { 1. j.'• �., '1 • x'* •%.' �f.• f'• i• • *: ►•.'-1 i 7 — y. r , w. r�..y,� i}.. t. ,■ � ,.'* � -4 " �f r' •:_�,it .V xr.•r '� ter#' �"` r f'y f •r *. J L.r ' 1 � r..f' 1 ` ■ r� �.e �+ ,3}• •:�y } f •'�'Y- {� sir #.h#r �►' �i� tr i� 4.� 3 X'/ �'1 r r{'i 'f _ 1'•}.l ,! ■ i_ �1.{r'w. {. /'Y �.' '-i* f ■' • J: r1:� k.4 i r 4 'r •r - _ Yk yt a•rr t ' -1. r+iY '.i'.+ ;j'. rY �•■i a. f.ti rr #.,� . yl ii M.r%�y'�■ ei . •i f••4 �y ; �• �R +f' *�+►:.A ti4t' �r�f• • rr�i.+. •at.t' .• ', f+._ 1.'• ` + :''• .' �?'F• '�+'��,'�� if�+•i.'�f•'-■+••� �'.x r�� fr- 'tea' I.�+1+. rl■••t �,f•`/:...:-.� • T s y is ifs �f ■rr r� �r-t'+-•h'+_ * _ - �,�' r � - . .yfa .,1'� 5 ►�).�" i' !„il U(� +� i� ff ..1 ±� r +�,'�.+ r yj' f. �' f-'+'Fr _, ` :I - • .`,r '� .-� r■- ti. �',. .. -f�l It "., •Iw 'ir• •.-� ■. r� .,.. :'!y4sf. `. s� �: R hr� � f` �• - � -.S•- •�K' �•:i'i •a/.+! •t�"t•'Y r.,r. �.� ,i ._ +a� 3 1'',�.. �•�. ti'*�• .ti•�.'1.1 r Y r'a .'_�: -����'�•�=fr1 a '-+ �`• ��'�..I_. �,� ,r++�Y. ram. 5 � .• Y , f � t, _ + i. r •' e + - �. .- •i.{r--! . - �_- - -- •fir•.`. ;s'}±y}tti''�..i•- :.. di HG Cost Estimate S u m m a ry S/TEWORK F BUILDINGS SUBTOTAL A. PROMENADE 6,400 sgft 5,400 sgft $526,327 1$455,231 $657,093 B. ENTRY COURTYARD C. OASIS 1NIA G. EXTERIOR HALL ENCLOSURE E. OFFICE D. LOBBY/ OFFICE/ARCHIVE F. NEWARCH/VE BLDG TOTAL AREA 1,850 sgft 5,648 sgft 205 sgft 350 sgft 1,034 sgft 2,550 sgft 18,037 sgft MASTERPLAN 2, 000 sgft 5,480 sgft NIA 301 sgft 1 002 sgft 2,200 sgft 18,717 sgft***" TOTAL CONSTRUCT/ONCOST" $505,753 $1,431,988 $108,478 $122,466 $284,629 $3,400,817 $6,380,458 MASTERPLAN $402,730 $698,699 $176,012 $534,050 $2,988,342 $6,329,656*"* TO TALPROJECT COST* *'" $631,818 $1,811,697 $133,266 $160,949 $360,167 $4,214,654 $7,969,644 MASTERPLAN $601251 *DIAGRAM NOT TO SCALE **TOTAL CONSTRUCTION COST INCLUDES: CONSTRUCTION MATERIALS, LABOR, CONTINGENCY AND ESCALATION ***TOTAL PROJECT COST INCLUDES PROFESSIONAL DESIGN SERVICES, TESTING, FURNISHINGS, TECHNOLOGY AND CONTINGENCY ****MASTERPLAN SUBTOTALS INCLUDE LUMBERYARD AND CASITA, WHICH HAVE BEEN REMOVED FROM CURRENT PROJECT SCOPE $515,753 $910,852 E. OFFICE 350 SQFT AVENIDA MONTEZUMA $122K Q N OIr' z A. PROMENADE 57 6,400 SQFT Q $526K LU B. ENTRY Q� COURTYARD 1,850 SQFT $505K G. EXTERIOR HALL ENCLOSURE 205 SQFT $108K D. LOBBY/ F .r OFFICE/ARCHIVE 1,034 SQFT $284K N/A $252, 981 1 C.OASIS 5,648 SQFT $1,431 K �. =El • JL _ .4 $6 92, 831 $3,776,173 $7,824,438*`*" F. NEW ARCHIVE BUILDING Z550 SQFT N $3,400K HGALQCC - City Council 100% PD Milestone Presentation 1 49 246 Interiors OveraH Material Palette 1O Wood Slat Ceiling (WD CLG-1) Product: 9wood 11200 dowel grid I acoustic backing �. Finish: Walnut Plain Sliced Veneer'Y. ,. Note: Finish not as shown on slats - finish to be darker color 0Acoustic Ceiling Tile (ACT-1) Product: Armstrong I Calla Beveled Tegular 24" x 72" 0 Acoustic Panels (AST-11) Product: Autexglobal I Composition Opera" 0 Casework Finishes Vertical Surfaces - 2 tone (PLAM-1) High Pressure Laminate Pionite Ash Gray (PLAM-2) High Pressure Laminate Lamin-Art - Golden Oak'4� O5 Countertop' r ik (SSF-1) Corian Solid Surface Venaro White 0 Accents: Black Metal (Casework Base) (PLAM-3) ABC- Chemetal I Laminate backer 1908 Satin Black Aluminum 0 Wall Panels (WDWC-1) Product: 9wood 19100 Hybrid Wall Panel Stain: Walnut to match ceiling- O Porcelain Tile Flooring (CTF-2) Product: Trendy Surfaces) Terrazzo White Slab O Porcelain Tile Flooring (CTF-1) r Y" x 1:i • y .-ram Product: Crossville I Civilization Communique - M, 10 Carpet Tile (CPT-1) Product: Shaw Contract I Cultura )Hand Woven Tile Native 11 Wall Tile Dal Tile jArtcrafted I Aloe 1" x "4 12 Countertop - Reception Desklot Corian Quartz I Calacatta Novello 13 Wall Paint Field (PT-1) 14 Accent Paint (PT-2) _- 15 Roller shades (WT-1)"' Product: Mecho Shades 1350 Series .a.Mecho - �' �,,,w�,•,j�ty,yw� ErdVeil' Scrvens Compositia++• �Ct�aAT�xtile� HGA LQCC - City Council 100% PD Milestone Presentation 1 50 247 248 BUSINESS SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: April 16, 2024 STAFF REPORT AGENDA TITI : RECEIVE AND FILE FISCAL YEAR 2023/24 BUDGET UPDATE REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, AND ADOPT RESOLUTION TO ADD ASSISTANT PLANNER POSITION RECOMMENDATION Receive and file fiscal year 2023/24 Budget Update Report, approve the recommended budget adjustments, and adopt a resolution to add an Assistant Planner position. EXECUTIVE SUMMARY • The 2023/24 Budget Update Report (Attachment 1) provides an update of the City's fiscal activities from July 2023 to February 2024. • The Budget Update Report includes revenue and expenditure adjustments in the General fund and one additional position. • This report was presented to the Financial Advisory Commission on April 3, 2024. FISCAL IMPACT Staff recommended adjustments are: 101 General Fund $ 730,000 $141,500 BACKGROUND/ANALYSIS Throughout the fiscal year, each Department monitors their budget and proposes adjustments to reflect current conditions and ongoing operational needs. Requests are reviewed and discussed by the City Manager and Directors before recommendations are presented in the Budget Report. Funds with no adjustments have been excluded. ,RLTERNATIVES Council could delay, modify, or reject the requested budget adjustments. 249 Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. 2023/24 Mid -Year Budget Report 250 ta ATTACHMENT 1 �W CALII ORNIA Fiscal Year 2023/24 Budget Update Report M. I LVA I ►y�VA.-WJ The annual budget is a living document, which allows for flexibility and adjustments to accommodate current business needs and updated projections. Budget reports are presented to provide ongoing oversight of public funds, relate current and upcoming activities, and request funding adjustments. All funds are continuously monitored; this report discusses funds with budgetary adjustments. Funds with no adjustments have been excluded. The City of La Quinta remains committed to sound financial management, strict budget oversight, and fiscal responsibility. This budget review shows the City's strong financial position heading into the upcoming budget process as General Fund revenues and expenditures are tracking closely with initial budget projections. Despite this, the economy continues to fluctuate, and it is crucial to monitor and spend responsibly. The City uses a variety of data and models to forecast economic activity, which has a direct effect on City finances used to pay for services. By receiving budget updates, the City Council can closely track City spending and revenue trends to help inform its policy decisions as experts attempt to predict what the future holds. The Fiscal Year (FY) 2023/24 Budget Update Report has several adjustments, which are detailed in Exhibit 1. The recommended adjustments are largely derived from year-to- date revenues collected and expenses incurred due to program activities and operational needs. 251 GENERAL FUND REVENUES General Fund revenue adjustments summarized below total $730,000. Adjustments reflect updated projections based on last fiscal year actuals and year-to-date activity. Revenue Description Adjustment Fire Plan Review Fee $ 35,000 Wellness Center Memberships 30,000 Public Works Development Plan Check Fee 130,000 False Alarm Fees- Police 30,000 Zoning Change Mitigation Fees 260,000 AMR Compliance 85,000 Burrtec Administration Cost Reimbursement 25,000 Miscellaneous Reimbursements 120,000 Credit Card Fee Revenue 15,000 TOTAL GF REVENUE ADJUSTMENTS $ 730,000 The City's top three revenues sources are Sales Tax, Property Tax, and Transient Occupancy Tax (TOT). We will continue to monitor activity to end the year as these key revenue streams are expected to reach close to $55 million. All three of these revenue sources are influenced by the strength of the economy. All revenue streams will continue to be monitored and if necessary, additional adjustments will be recommended in the next budget update report in June. Licenses and Permits - An increase of $35,000 in Fire Plan Review Fees is recommended based on current year-to-date activity due to an increase in Riverside County Fire Marshall assigned staff dedicated to plan reviews. Charges for Services - An increase of $30,000 for Wellness Center memberships is recommended due to an increase in activity primarily due to the expanded operating hours effective January 2023. - An increase of $130,000 for public works development plan check fees is recommended based on increased current year-to-date building activity in private residential tract developments and commercial projects. Fines, Forfeitures & Abatements - Due to the City's efforts to increase communication with businesses and residents regarding enforcement and collection efforts, the amount of $30,000 is requested for Police False Alarm Fees to account for an increase in the number of payments received this fiscal year. 252 Miscellaneous - An adjustment of $260,000 for Zoning Change Mitigation Fees is recommended and is reflective of increased year-to-date activity, primarily in the PGA West development. - An adjustment of $85,000 for AMR Compliance is requested and attributed to the increase in fee distribution from Riverside County EMS Agency to be used for EMS system enhancements. - An adjustment of $25,000 for the Burrtec Administrative Cost Reimbursement is recommended to reflect the actual reimbursement received which was adjusted by the change in the Consumer Price Index (CPI). - An adjustment of $120,000 for Senate Bill or SB 90 state mandated cost reimbursements, to reflect year-to-date funds received from the State of California. SB 90 stipulates that the state must reimburse local governments for the costs of any new program or higher level of service mandated by the Legislature or state agency. - An adjustment of $15,000 is recommended for Credit Card Fee revenue to account for year-to-date activity. Revenue is collected to offset related fees incurred by the City for credit card processing. GENERAL FUND EXPENDITURES The Finance Department collaborated with all City departments and conducted a review of all department budgets to identify any new needs and potential areas of savings. Expenditure adjustments are recommended for unanticipated expenses and to avoid budget overruns based on updated operational needs. A summary is provided below and itemized in Exhibit 1. Expense Description Adjustment Design & Development $ 135,000 Contingency for Staffing $ (10,000) Public Safety 16,500 TOTAL GF EXPENSE ADJUSTMENTS $ 141,500 Design and Development The Planning division is requesting the Council approve a new Assistant Planner position, with a budget adjustment in the current fiscal year. The position would assist with staff level plan check review and permit processing. Future annual costs for the position are estimated at $120,000, and would be offset by reduced contract services currently being utilized, which would be reflected in subsequent years' budgets. For the current fiscal 253 year, Staff is requesting a proportionate adjustment of $10,000 to cover costs associated with the position for the final two months of the year, with funding coming from the Contingency for Staffing account. An additional $125,000 is being requested by the Building Division for Plan Check review consulting services. This is based on higher levels of building activity, which have resulted in an overall increase in permits issued and inspection requests. Consulting services will assist staff with the increased demand and staffing vacancies for the current fiscal year. Public Safety The Code Compliance Division is requesting an additional $7,000 due to an increase in the City's citation processing system contract. This service provides parking and administrative citation processing, collection services including hearings, and procurement of third -party hearing officers. The Public Safety Administration Division is also requesting an adjustment of $9,500 for unanticipated disaster preparation supplies related to the recent disaster, Tropical Storm Hilary. Due to high demand, the City purchased additional sandbags to ensure that residents were able to protect their home and businesses. The City is currently working with the Federal Emergency Management Agency (FEMA) to seek reimbursement for emergency protective measures, which include sandbag distribution. In summary, the City ended FY 2022/23 in a better position than originally expected and remains in a good position heading into the end of FY 2023/24. This budget update proposes adjustments that continue to ensure a conservative, yet realistic, budget that allows the City to focus resources on building reserves, addressing liabilities, investing in infrastructure, and providing programs, services, and events for our community. Staff will continue to closely monitor the budget and economic environment to ensure that the City can pivot if needed. City department spending is on track with projections, and if revenues continue to come in as anticipated or higher, the City will likely end the fiscal year with a budget surplus. All budget projections for both the General Fund and other Funds will continue to be monitored during the Spring of 2024 and an additional update shall be provided during the next FY 2023/24 Budget Update Report. 254 City of La Quinta EXHIBIT 1 FY 2023/24 Recommended Budget Adjustments REVENUE Licenses and Permits 101-0000-42420 Fire Plan Review Fee Charges for Services 101-0000-42218 Wellness Center Memberships 101-0000-42810 Public Works Development Plan Check Fee Fines, Forfeitures & Abatements 101-0000-42709 False Alarm Fees- Police Miscellaneous 101-0000-41410 Zoning Change Mitigation Fees 101-0000-41504 AMR Compliance 101-0000-41507 Burrtec Admin Cost Reimbursement 101-0000-42305 Miscellaneous Reimbursements (SB 90 State of CA) 101-0000-43505 Credit Card Fee Revenue DESIGN & DEVELOF-MEN' 101-6002-50101 Permanent Full Time (Planning Department) 101-1007-50115 Contingency for Staffing 101-6003-60118 Plan Checks PUBLIC SAFETY 101-6004-60111 Administrative Citation Services 101-6005-60406 Disaster Prep Supplies TOTAL GENERAL FUND General Fund (101) Revenues Expenses 35,000 30,000 130,000 30,000 260,000 85,000 25,000 120,000 15,000 10,000 (10,000) 125,000 7,000 9,500 730,000 141,500 255 RESOLUTION NO. 2024 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE UPDATED CLASSIFICATION AND SALARY/PLAN SCHEDULE ADDING AN ASSISTANT PLANNER POSITION FOR FISCAL YEAR 2023/24 WHEREAS, the City of La Quinta's Classification and Salary Plan/Schedule and any amendments of such plans must be approved by the City Council and adopted by resolution in accordance with the City of La Quinta's ("City") Personnel Policy; and WHEREAS, on June 20, 2023, the City Council adopted Resolution Nos. 2023- 02E-and 2023-021, approving the current 2023/24 Classification and Salary/Plan Schedule; and WHEREAS, the City wishes to add an Assistant Planner position to the Design and Development Department, requiring an update to the Classification and Salary Plan/Schedule; and WHEREAS, adding an Assistant Planner will improve the department's ability to effectively and efficiently provide development services to the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council does hereby approve and adopt the revisions to the Classification Plan consisting of Authorized Positions and Fiscal Year 2023/24 Salary Schedule, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. This Resolution shall become effective upon adoption, and shall supersede Resolution Nos. 2023-020 and 2023-021 and any other resolutions related to the City's Classification and Salary/Plan Schedule; and the revised 2023/24 Salary/Plan Schedule attached hereto as Exhibit A, and incorporated herewith by this reference is hereby adopted. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16t" day of April 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 256 Resolution No. 2024 — xxx FY 2023/24 Benefit, Classification, and Salary Plan/Schedule Update Adopted: April 16, 2024 Page 2 of 2 LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 257 CITY OF LA QUINTA 2023/24 CLASSIFICATION PLAN EFFECTIVE APRIL 16, 2024 CLASSIFICATION SERIES CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE RATING Administrative Administrative Assistant Administrative Assistant Al2 Administrative Technician Administrative Technician B21/B22 Executive Specialist Executive Specialist 1325/1332 Buildinq Building Inspector Building Inspector B23 Senior Building Inspector Sr. Building Inspector B24/B31I Plans Examiner Plans Examiner 1325/1332 Deputy Building Official Deputy Building Official C42 Centralized Services Permit Technician Permit Technician B22 Senior Permit Technician Sr. Permit Technician B23 City Clerk Deputy City Clerk Deputy City Clerk B24/B31 Code Code Compliance Officer Code Compliance Officer B22 Senior Code Compliance Officer Sr. Code Compliance Officer B23 Animal Control/Code Compliance Supervisor Animal Control/Code Compliance Supervisor C42 Community Services Recreation Leader Recreation Leader All Senior Recreation Leader Sr. Recreation Leader Al2 Community Services Specialist Community Services Specialist B23 Senior Community Services Specialist Sr. Community Services Specialist B24 Data Administration Data Reporting Specialist Data Reporting Specialist B24/B32 Engineering Construction Inspector Construction Inspector B23 Assistant Construction Manager Assistant Construction Manager C42 Associate Engineer Associate Engineer C44/C51 Finance Finance Technician Finance Technician B22 Senior Finance Technician Sr. Finance Technician B23 Junior Accountant Jr. Accountant B24 Accountant Accountant 1325/1332 Senior Accountant Sr. Accountant C42 Human Resources Human Resources Technician HR Technician B22 Maintenance & Operations Maintenance & Operations Worker Maintenance & Operations Worker Al2 Senior Maintenance & Operations Worker Sr. Maintenance & Operations Worker A13 Maintenance & Operations Technician Maintenance & Operations Technician B23 Maintenance & Operations Coordinator Maintenance & Operations Coordinator 1324/1331 Maintenance & Operations Crew Leader Maintenance & Operations Crew Leader B24/B31 Maintenance & Operations Superintendent Maintenance & Operations Superintendent C42 Management Manager Building Official D61 Manager Finance Manager D61 Manager Hub Manager D61 Manager Human Resources Manager D61 Manager Marketing Manager D61 Manager Planning Manager D61 Deputy Director Community Services Deputy Director D63 Deputy Director Maintenance & Operations Deputy Director D63 Deputy Director Public Safety Deputy Director D63 1 258 CITY OF LA QUINTA 2023/24 CLASSIFICATION PLAN EFFECTIVE APRIL 16, 2024 CLASSIFICATION SERIES Management (continued) Director Director Director Director Director City Manager Management Administration Management Specialist Management Analyst Principal Management Analyst Marketina/Communications City Clerk Design & Development Director Director (Business Unit/Housing Development) Finance Director/Treasurer Public Works Director/City Engineer City Manager Management Specialist Management Analyst Principal Management Analyst RATINI E82 E82 E82 E82 E82 F101* B25 C42 C44/C51 Marketing & Communications Specialist Marketing & Communications Specialist B24/B31 Planning I Assistant Planner Assistant Planner B25 Associate Planner Associate Planner C42 Senior Planner Sr. Planner C44/C51 Traffic Traffic Signal Technician Traffic Signal Technician * City Manager salary is determined by City Council contract B22 2 259 2023/24 Salary Schedule FULL-TIME EMPLOYEES (ANNUAL WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 A11 $ 42,248.99 $ 44,361.44 $ 46,473.89 $ 48,586.34 $ 50,698.79 $ 52,419.12 $ 54,139.45 $ 55,859.78 $ 57,580.11 $ 59,300.44 Administrative Assistant Al2 $ 46,482.85 $ 48,806.99 $ 51,131.14 $ 53,455.28 $ 55,779.42 $ 57,672.13 $ 59,564.84 $ 61,457.55 $ 63,350.26 $ 65,242.96 Maintenance & Operations Worker Sr. Maintenance & Operations Worker A13 $ 50,716.71 $ 53,252.55 $ 55,788.38 $ 58,324.22 $ 60,860.05 $ 62,925.14 $ 64,990.23 $ 67,055.32 $ 69,120.41 $ 71,185.49 Administrative Technician B21 $ 54,963.29 $ 57,711.46 $ 60,459.62 $ 63,207.79 $ 65,955.95 $ 68,194.10 $ 70,432.24 $ 72,670.38 $ 74,908.53 $ 77,146.67 Administrative Technician Code Compliance Officer Finance Technician B22 $ 59,197.15 $ 62,157.01 $ 65,116.87 $ 68,076.73 $ 71,036.58 $ 73,447.11 $ 75,857.63 $ 78,268.16 $ 80,678.68 $ 83,089.21 Human Resources Technician Permit Technician Traffic Signal Technician Building Inspector Community Services Specialist Construction Inspector Maintenance & Operations Technician B23 $ 63,431.02 $ 66,602.57 $ 69,774.12 $ 72,945.68 $ 76,117.23 $ 78,700.13 $ 81,283.03 $ 83,865.94 $ 86,448.84 $ 89,031.74 Sr. Code Compliance Officer Sr. Finance Technician Sr. Permit Technician Deputy City Clerk Jr. Accountant Maintenance & Operations Coordinator Maintenance & Operations Crew Leader B24 $ 69,267.41 $ 72,730.78 $ 76,194.15 $ 79,657.52 $ 83,120.89 $ 85,941.40 $ 88,761.92 $ 91,582.43 $ 94,402.94 $ 97,223.45 Marketing & Communications Specialist Sr. Building Inspector Sr. Community Services Specialist Accountant Executive Specialist Plans Examiner B25 $ 76,449.32 $ 80,271.78 $ 84,094.25 $ 87,916.71 $ 91,739.18 $ 94,852.27 $ 97,965.36 $ 101,078.45 $ 104,191.54 $ 107,304.63 Management Specialist Assistant Planner B31 $ 69 267.41 $ 72 730.78 $ 76 194.15 $ 79 657.52 $ 83,120.89 $ 85,941.40 $ 88,761.92 $ 91 582.43 $ 94 402.94 $ 97 223.45 B32 $ 76,449.32 $ 80,271.78 $ 84,094.25 $ 87,916.71 $ 91,739.18 $ 94,852.27 $ 97,965.36 $ 101,078.45 $ 104,191.54 $ 107,304.63 LL-TIME EMPLOYEES ANNUAL WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14 041 $ 78,075.05 $ 81,328.43 $ 84,581.82 $ 87,835.211 $ 91,088.59 $ 94,338.08 $ 97,593.81 $ 100,424.03 $ 103,254.24 $ 106,084.46 $ 108,914.68 $ 111,744.90 $ 114,575.12 $ 117,405.33 Assistant Construction Manager Associate Planner Animal Control/Code Compliance Supervisor Deputy Building Official C42 $ 82,604.99 $ 86,047.14 $ 89,489.29 $ 92,931.44 $ 96,373.59 $ 99,811.61 $ 103,256.24 $ 106,250.66 $ 109,245.09 $ 112,239.52 $ 115,233.95 $ 118,228.38 $ 121,222.81 $ 124,217.24 Maintenance & Operations Superintendent Management Analyst Sr. Accountant C43 $ 87.134.911 $ 90 765.82 $ 94 396.73 $ 98 027.65 $ 101 658.56 $ 105 285.11 $ 108 918.64 $ 112 077.28 $ 115 235.92 $ 118 394.55 $ 121 553.19 $ 124 711.83 $ 127 870.47 $ 131 029.11 Associate Engineer Principal Management Analyst C44 $ 92,807.54 $ 96,674.83 $ 100,542.12 $ 104,409.41 $ 108,276.70 $ 112,139.35 $ 116,009.42 $ 119,373.69 $ 122,737.96 $ 126,102.23 $ 129,466.50 $ 132,830.77 $ 136,195.04 $ 139,559.31 Senior Planner Building Official Finance Manager Hub Manager D61 $ 105,281.87 $ 109,668.96 $ 114,056.06 $ 118,443.15 $ 122,830.25 $ 127,212.08 $ 131,602.33 $ 135,418.80 $ 139,235.26 $ 143,051.73 $ 146,868.19 $ 150,684.66 $ 154,501.12 $ 158,317.59 Human Resources Manager Marketing Manager Planning Manager Community Services Deputy Director Maintenance & Operations Deputy Director D63 $ 116,073.27 $ 120,910.04 $ 125,746.81 $ 130,583.58 $ 135,420.36 $ 140,251.33 $ 145,091.58 $ 149,299.24 $ 153,506.89 $ 157,714.55 $ 161,922.21 $ 166,129.86 $ 170,337.52 $ 174,545.17 Public Safety Deputy Director City Clerk Design & Development Director Director (Business Unit/Housing Development) E82 $ 139,814.72 $ 145,640.80 $ 151,466.88 $ 157,292.96 $ 163,119.04 $ 168,938.13 $ 174,768.40 $ 179,836.68 $ 184,904.96 $ 189,973.24 $ 195,041.52 $ 200,109.80 $ 205,178.08 $ 210,246.36 Finance Director/City Treasurer Public Works Director/City Engineer City Manager F101 $ 190,231.44 $ 198,158.38 $ 206,085.32 $ 214,012.27 $ 221,939.21 $ 229,856.641 $ 237,789.29 $ 244,685.18 $ 251,581.06 $ 258,476.95 $ 265,372.83 $ 272,268.72 $ 279,164.60 $ 286,060.48 PART-TIME EMPLOYEES HOURLY Recreation Leader A11 20.31 21.33 22.34 23.36 24.371 S 25.201 $ 26.031 $ 26.861 $ 27.681 S 28.51 Senior Recreation Leader I Al2 22.361 $ 23.461 $ 24.581 $ 25.701 $ 26.821 $ 27.731 $ 28.641 $ 29.551 $ 30.461 $ 31.37 Data Reporting Specialist I B24 1 $ 33.301 $ 34.971 $ 36.631 $ 38.301 $ 39.961 $ 41.321 $ 42.671 $ 44.031 $ 45.391 $ 46.74 Elected Official Positions Monthl Ma or $ 2 800.00 Council Members 2,30000 Boards and Commission Members Per Meeting Community Services $ 75.00 Commission onstruction Appeals &$ Oversight Board Financial Advisory Commission $ 75.00 Housing Commission $ 50.00 Planning Commission $ 100.00 City Council Approval 4/1612024 6/20/2023 Effective Date 4/16/2024 7/1/2023 260 DEPARTMENTAL REPORT ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING STAFF REPORT TO: Madam Mayor and Members of the City Council FROM: Jon McMillen, City Manager DATE: April 16, 2024 SUBJECT: Status on Recapitalization for Talus On October 17, 2023, Council approved Amendment No. 5 to the Purchase, Sale, and Development Agreement (PSDA) that, among other terms and conditions, extends the timeframe in which SilverRock Development Company (SDC) is given to close on the project's recapitalization loans. Under the amended PSDA, the outside closing date is June 30, 2024. Council's approval of the amendment also specified that monthly progress updates from the developer would resume at council meetings once financing closed. In consideration of the extended time this closing is taking, the following update is provided. The City is acutely aware of the financing progress and the deteriorating site conditions at the currently stalled core project components at Talus, comprised of the luxury and lifestyle hotels, golf clubhouse and conference and shared facility. Both the City Manager and City Attorney are in constant communication with the developer, their legal counsel, and lenders as the outside closing date for recapitalization approaches. At this time, the City has been informed that both the senior and "C-Pace" lenders are focused on a May 31st closing date and that the senior lender is taking its offering term sheet to the bond market shortly. Based on that market feedback, the senior lender will issue a formal private placement memorandum (PPM) in the coming weeks. The City has been made aware that all third -party reports and due diligence activities, including updated appraisals, construction condition assessment, title review and verification of costs to complete, are in process among the respective private parties and are scheduled to be finalized prior to the targeted closing date. The combined recapitalization loan proceeds from these two primary lending sources are approximately $360 million and are sufficient to restart these core project components and carry them through completion. Additionally, the developer has informed City Inspectors that out -of -compliance conditions surrounding dust control at the project site will be re -stabilized starting April 15, 2024. City Inspectors will continue to monitor, provide notices, and take enforcement actions until compliance is achieved. 261 262 REPORT AND INFORMATIONAL ITEM NO. 31 FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, FEBRUARY 7, 2024 CALL TO ORDER A regular meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 4:00 p.m. by Chair Dorsey. PRESENT: Commissioners Anderson, Batavick, Kiehl, Mast, Mills, Way (joined the meeting at 4:03 p.m.) and Chair Dorsey ABSENT: None PLEDGE OF ALLEGIANCE Commissioner Batavick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed COMMISSIONER WAY JOINED THE MEETING AT 4.03 P.M. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS — None CONSENT CALENDAR ITEMS 1. APPROVE MEETING MINUTES DATED DECEMBER 20, 2023 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2023 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2023 CONSENT CALENDAR ITEM NO. 2 — Discussion The Commission and staff discussed the reduction in development impact fees (DIF) was due to decrease in building activity; land acquisition expense for Highway 111 and Dune Palms of $3,583,426 (utilizing housing funds and slated for a future affordable housing development), listed on Top Five Expenditures/Outlays for October - Non -General Fund, noted on page 2 of the staff report; and the Highway Bridge Program federal funding reimbursement of $1,972,448, and the Coachella Valley Association of Governments (CVAG) reimbursement of $794,818, which are both for the Dune Palms bridge project, listed on the October 2023 report, noted on page 2 of the staff report. FINANCIAL ADVISORY COMMISSION MINUTES Page 1 of 3 FEBRUARY 7, 2024 263 Motion — A motion was made and seconded by Commissioners Batavick/Mills to approve the Consent Calendar as submitted. Motion passed unanimously. BUSINESS SESSION 1. RECEIVE AND FILE FISCAL YEAR 2022/23 GENERAL FUND YEAR-END BUDGET REPORT Finance Director Martinez presented the staff report, which is on file in the Finance Department. The Commission and staff discussed the general fund revenue variances; capital improvement program (CIP) carryover budget; efforts underway to identify funding options for electrical substation infrastructure improvements to increase capacity to allow future developments in the city; the Village Undergrounding Feasibility Study, available funding options, approval process, associated costs, and the community's interest in undergrounding utilities; and the different economic forecasting reports utilized for budget projections. Motion — A motion was made and seconded by Commissioners Mills/Way to receive and file fiscal year 2022/23 general fund year-end budget report as submitted. Motion passed unanimously. 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. Finance Director Martinez thanked the Auditing Services subcommittee, which consisted of Commissioners Anderson and Dorsey, for their time and review of the City's request for proposals submitted for auditing services. The subcommittee provided an overview of their review and experience of the interview process with the firms. The Commission inquired about the timeline for completing the City's Annual Comprehensive Financial Reports (ACFR). Staff said that the ACFR will be completed by the end of February 2024 and the root cause for the delay in audit process is due to the new implementations required by the Government Accounting Standards Board. 2. THIRD QUARTER 2023 (JULY-SEPTEMBER) SALES TAX UPDATE FOR THE CITY OF LA QUINTA FINANCIAL ADVISORY COMMISSION MINUTES Page 2 of 3 FEBRUARY 7, 2024 264 The Commission and staff discussed timeline for staff receiving the HDL Companies California forecast sales tax trends report, included as Attachment 2 to the departmental report. COMMISSIONERS' ITEMS The Commission requested staff provide reports and presentations to the Commission in advance of them being presented to Council so that proper recommendations may be given prior to Council consideration. Finance Director Martinez explained every effort is made to present items within the Commission's purview prior to Council consideration, which at times cannot be accommodated due to meeting dates scheduling conflicts for the Commission; however, in such rare occasions, the reports are provided to the Commission in advance for the Commission's review, comments and/or recommendations prior to Council meetings. Additionally, Finance Director Martinez mentioned that some reports are informative to the Commission, which are not under the Commission's purview nor require recommendations or approval. The Commission asked if staff could provide a listing of reports that require review and recommendations prior to presenting them to Council. Commissioner Mills asked if there will be a special meeting on Wednesday, April 3, 2024. Staff confirmed. Commissioner Anderson mentioned receiving an email from City Clerk's Office regarding completing Statements of Economic Interests — Form 700, which is due by April 1, 2024. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Batavick/Mast to adjourn this meeting at 5:09 p.m. Motion passed unanimously. Respectfully submitted, Jessica Delgado, Administrative Technician/Commission Secretary City of La Quinta, California FINANCIAL ADVISORY COMMISSION MINUTES Page 3 of 3 FEBRUARY 7, 2024 265 266 WRITTEN PUBLIC COMMENT CITY COUNCIL MEETING APRIL 16, 2024 CITY COUNCIL MEETING APRIL 16, 2024 -WRITTEN PUBLIC COMMENTS BY GUS GARCIA, CENTER FOR CONTRACT COMPLIANCE MATTERS NOT ON THE AGENDA - CONCERNS REGARDING REQUEST FOR QUALIFICATIONS CONTRACTS Gus Garcia Center for Contract Compliance 1123 Park View Dr. Covina, CA, 91724 GusG@socalccc.org 626-444-8355 City Council of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Subject: Concerns Regarding Request for Qualifications Contracts Dear Members of the City Council, am writing to express my deep concern regarding the Request for Qualifications (RFQ) contracts issued by the City of La Quinta, specifically referring to the SilverRock Landscape Maintenance Services RFQ 2023-31, Park Landscape Maintenance Services RFQ 2023-30, Lighting & Landscape Assessment District 89-1 Lighting Services RFQ 2023-29, and Lighting & Landscape Assessment District 89-1 LSM Services RFQ 2023-28. While I appreciate the efforts to procure services for the betterment of our community, I have identified significant shortcomings in these RFQs that may compromise the quality and safety of the work performed. Firstly, the RFQs fail to mandate the submission of the Experience Modification Rating (EMR) by potential contractors. The EMR is a crucial metric used to assess a contractor's safety performance history. Its omission from the qualification requirements raises concerns about the city's commitment to ensuring the safety of its residents and visitors. By neglecting to evaluate this important aspect, the city risks awarding contracts to entities with inadequate safety records, potentially endangering public well-being. Secondly, there is a glaring absence of licensing requirements for the scope of work outlined in the RFQs. Licensing ensures that contractors possess the necessary skills and expertise to perform their duties competently and safely. Without stringent licensing requirements, there is a risk of subpar workmanship, which could negatively impact the aesthetic appeal and functionality of our public spaces. CITY COUNCIL MEETING APRIL 16, 2024 -WRITTEN PUBLIC COMMENTS BY GUS GARCIA, CENTER FOR CONTRACT COMPLIANCE MATTERS NOT ON THE AGENDA - CONCERNS REGARDING REQUEST FOR QUALIFICATIONS CONTRACTS Furthermore, the RFQs lack a stipulation for the submission of a subcontractor list at the time of proposal. This oversight hampers transparency and accountability in the procurement process, as it prevents the city from fully assessing the capabilities and qualifications of all parties involved in the project. Without clear visibility into subcontractor arrangements, there is potential for mismanagement, conflicts of interest, and inferior service delivery. Additionally, the RFQs fail to emphasize the importance of hiring a licensed qualified traffic control contractor. Traffic control is a critical aspect of landscape maintenance and construction projects, particularly in public areas where pedestrian and vehicular traffic must be managed safely. By not prioritizing the engagement of licensed professionals in this field, the city risks disruptions, accidents, and legal liabilities arising from inadequate traffic management protocols. Moreover, it is crucial to note that these proposals involve multiple scopes of work that require experienced contractors and adherence to prevailing wages, which vary depending on the work being performed. To ensure transparency in public funding allocation, we recommend that the tree maintenance and on -call work sections of the proposal be separated into their own RFQs. In light of these concerns, I urge the City Council to reconsider the current RFQs and amend them to address the aforementioned deficiencies. By implementing stricter qualification criteria, including the submission of EMIRS, licensing requirements, and subcontractor lists, as well as emphasizing the necessity of hiring licensed traffic control contractors, the city can ensure that contracts are awarded to reputable, competent, and safety -conscious entities. Furthermore, I encourage the City Council to engage with stakeholders, including community members, industry experts, and relevant regulatory bodies, to develop comprehensive RFQs that prioritize safety, quality, and accountability. By fostering collaboration and transparency in the procurement process, the city can uphold its commitment to serving the best interests of its residents and fostering a thriving, sustainable community. Thankyou for your attention to this matter. I trust that the City Council will take prompt and decisive action to address these concerns and uphold the highest standards of governance and public service. Sincerely, Gus Garcia POWER POINTS CITY COUNCIL MEETING APRIL 16, 2024 City Council Regular Meeting April 16, 2024 41. CALIF City Council Regular Meeting April 16, 2024 CLOSED SESSION IN PROGRESS Pledge of Allegiance ' - = CAI-Il'OR�;fA �, _-: City Council Meeting April 16, 2024 Presentation City Council Meeting April 16, 2024 P1 -Presentation on La Quinta Library and Museum Programs, Exhibits and Activities F.• r. xr p 1 4 �} Y April 16, 2024 La Quinta Public Library Patronage Jan - Mar • 24,212 Circulation Jan - Mar • 44,755 Programs Jan - Mar • 91 Programs • 44,755 attendees s --a-- ■ ii ti I M April 16, 2024 Book Fest Speaker Series • Susan Straight • Steven Rowley • Todd Goldberg 01 Field Trips • Benjamin Franklin Elementary • Amelia Earhart Elementary • Truman Elementary 10 • Aziz Farms r- • La Quinta Historical Society • Learning in Retirement • Friends of the Desert Mountains • Riverside Legal Aid - May Adult Coloring Book Night Book Clubs Chess Club Threadheads Fiber Arts Club Teacher Feedback "The librarians were so friendly and helpful. They taught us sign language and songs, we had such a great experience. Readasaurus Rex was awesome and the creation station so cool!" "What a delightful library event you planned for us!! Thank you so much for your time, planning and for the excellent library experience!! The library has become one of their top destinations!! Please be sure to extend our complete appreciation of your entire team!!" 5 April 16, 2024 Storytimes "Storytime has been amazing. I've been coming with my little for almost 2 years now and it's been a blast seeing the program grow/evolve to what it is now. Thank you for having a program like this available. My kiddo has learned so much about library etiquette and procedures because we come every week for storytime and she looks forward to finding new books everytime." ail "In a month's time I've seen my little one go from shy and not participating to dancing and more interactive." "This location's storytime is our favorite! I love how LQ is structured and organized. I absolutely appreciate the cleaning of the toys and books and how strict you are about not getting the clean toys out until it's play time. See you next week!" 11 O Hary,A, V%ta Hydro Harvest LQ: Hydroponics at the La Quinta Library 12 M. April 16, 2024 What is a Flex Farm? • Portable indoor, vertical hydroponics system • 98% less water than traditional agriculture • Can produce up to 394 pounds of produce annually (20-25 pounds per month o Not restricted to seasons, can be used yearround • 288 plant spaces • Weekly maintenance 13 14 7 April 16, 2024 Produce We Can Grow 1. Lettuce a. Butterhead, Crisphead, Loose Leaf, Oak Leaf, & Romaine 2. Herbs a. Basil, Chives, Cilantro, Dill, Oregano, Parsley, Rosemary, Sage, Thyme 3. Brassicas a. Arugula, Collard Greens, Kale, Mizuna, Mustard Greens 4. Leafy Greens a. Sorrel, Spinach, Swiss Chard 5. Fruiting a. Bareroot Strawberries b. Determinate Cherry c. Tomatoes d. Mini Cucumbers e. Snack Peppers 6. Flowering a. Chamomile, Lavender, marigolds, & Mexican Mint 15 Upcoming Hydro Harvest Programs Launch: Summer Reading Program - Hydro Harvest LQ • June 10 - July 19, 2024 1IEEAD� •Ages 8 12 . d u SEEM Goal: teach sustainable practices as well as provide access to healthy food • Participants grow, monitor and harvest their own produce Ongoing Future Programs • Weekly programs for homeschooled students. • Afterschool Programs for school aged kids • Adult Sustainability Programs al • Library Farmers Market • Donations to local food banks • Donations/programs with local school culinary programs go April 16, 2024 TMISF 9 DB LOSS 08 CULTURAL -FAIR FREE m ii Cultural Booths • Agua Caliente Cultural Museum • Swedish American Vasa of the Desert • St. George Greek Orthodox Church • Escaramuza Charra Reynas del Valle de Coachella Friends from the DHH Community - ASL Storytime t0 AM - 2:00 PM Performances by: • Xavier Drumline • Grupo Folklorico "Sonde Mexico" Resource Booths • California Health Collaborative • DSUSD - Early Childhood Education 17 CREATION STATION C, 7". Nilke Creation Station ILI] eusiuesseca:+u�.i-v GENDrrx[DEEE Larrur5yxoan — :.o �r«: 18 La Quinta's MakerSpace Programs and Updates I Michele McNeilly MakerSpace Supervisor a April 16, 2024 Classes ► July I, 2022 — June 30, 2023 ► Classes:84 ► Students: 150 ► July I, 2023 —April 10, 2024 ► Classes:94 ► Students:152 Programs ► July I, 2022 —June 30, 2023 ► Programs:38 ► Attendees:620 ► July I, 2023 —April 10, 2024 ► Programs:39 ► Attendees:667 19 Memberships ► July I, 2022 —June 30, 2023 f ► Hobbyist 2S No. Student:17 ► Teacher:9 ► Total: 51 ► July I, 2023 —April 10, 2024 ► Hobbyist 13 No. StudentJMilitary:27 ► Teacher:20 ► Total:60 MakerSpace Classes ► New Classes - .-.....51�_ Pr ► Cricut Maker � ► 3 Classes Available —� ► Iron -On Vinyl (Aprons, Shirts, Hats, Pillows. etc.) ► Card Making ► Print & Cut Stickers — Most Popular! ► Sublimation Printing�� ► Heat transferable ink onto polyester coated items LF JL ► Tumblers, Coasters, Mousepads, and so much more ► Class can be combined with Cricut Print & Cut Stickers & Iron -on Vinyl to make custom t-shirts ► Digital Embroidery (Updated Class);: ► Currently in development ► Band New Embroidery Machine with design softvnre ► Bernette 79 Ya Ya Han Edition by Bernima ► New Class estimated to be ready by May W24 oil, r. 10 April 16, 2024 Programs ► Maker Crafts El 00. 21 ► (1) Saturday and (1) Thursday each month ► Free for patrons of most ages ► ZINES, Fairy Terrariums, Marionette Birds, Paint & Sip and more MakerSpace Camp ► (1) Saturday each month, requires RSVP (Camp fee of $5) ► Camp designed for Makers between the ages of 7 and 13 ► Topics range from 3D Printing, Electronics, Laser Cutting and me Fiber Arts Bootcamp (FAB) ► Last Sunday of the month, Free for all ages ► Topics cover crochet, macrame, needle felting, cross stich and me Summer Reading Maker Craft ► Each Thursday during the RCLS Summer Reading Program ► Free for all ages Upcoming Programs ,f 9 GEM Maker Craft: Star Wars Day (Saturday, May 4, 2024,AII Ages) ► Duct Tape Lightsabers, Paper Bag Jedi, 3D Printed Ship/Droid model kits Maker Craft World Turtle Day Hand Puppets (Thursday, May 23, 2024, All Ages) FAB: Needle Felted Sea Turtle Brooch (Sunday, May 26, 2024, Ages 10+) Summer Reading Program Maker Crafts start June 13th, 2024 ► New Adult SRP Program added for 2024,Ages 14+, Registration Required ► 4-Week Handmade Mini Journal Project nalf - ► Coming Fall 2024: Intro to Coding (Dzobots) ► Junior Makers first to test (Grades V_68 ►� um, k i ► Returning Maker Craft Programs: ► Fairy Terrariums ► Mini-ZINES ► Viking Wire Weaving ► Winter Carnival Games 22 r N. Y� 1 �t5 ip 11 April 16, 2024 More About the Creation Station ► RCLSWebsite:https://rivlib.info/ ► Google Sites Page: https://sites.google.com/view/laquintacreationstation AN N V A L CONTACT Lis MEMBERSHIPS d«r=s ��. Nz TEL.7B0.777.71398 ACES 16 • Igmakxrspace ::laquinfaw-gov c��Ar�oH STH�ioH Hobbyist •""'... y M/sr yy i?tocreafensra��en rfyrT Nl��A NEludes III level I [lass �-4crv,no�S+.rio,. .. , .... • . Student S Military 4Wma E— i-s—i n y s3olsr ® hMyfJlhN.l y�3na Eg0E • Wilh Raia EO •E,�ledes {rl lrrerr[lass �,,.ian,. �. o,:,... a.e,r, ��M,.y 1 wr �k rna •r m. n.n Educator 78-Z7S Calla Tampico Free La Ouiata, (A 92253 -INilN valid Edvlarar ID- . ,T • 3O Pri nTing • ElceTrnnirs R +laser CutAng • Hand TRa]s EXPRESS SERVICES -.-- ' Sewing Slnd More! i I11 Out HE 11PAI SS 5ERr1M team Ta NAPE ONE Or ONr TI(HIMMAN5'3N M103 DR vAssa nT YOUR root crc Pill[ OASie UN MATtIll it AtItH [ h. oven w�R-sRr, la rtM - R:M INOST {LEIIE AN AEEOUFr F9e PAYWENT5 _ , � .. „ ,., - ';I,,,;�„ FOR sun: rx rrr - a rw 511WMORIt59 999 23 24 12 NO 9, mi gw Mil "S April 16, 2024 M Current Exhibits: Wj IaQuima Muscumprescrus THE RSHE MAN STEPS a The real story behind the rock stairs in the La Ownta Cave and their Hollywood connection t •• �- 14 April 16, 2024 29 1W Programs and Events Music at the Museum TED Talk Hang Outs Take a Break with Huell Geneaology Meet -Up Sketchbook Journaling STITCH Fiber Arts Good Books in the Gallery Creative Conversations 30 Field Trips! now 15 April 16, 2024 See you at the Museum! La Quinta Museum 77885 Avenida Montezuma, La Quinta 92253 31 32 16 City Council Meeting April 16, 2024 D1 - Talus Project Update TALUS - Dust Control Efforts .. .. •..t - •. lam' �.~' �•C XN� e �' i - City Council Meeting April 16, 2024 131 - Approve Preliminary Design Plans and Authorize Staff to Move Forward to Final Design Stage for the La Quinta Cultural Campus Cultural Campus A ; � .- ,,{fir _��� ••� 1 Cultural Campus • March 2022 —Agreement with HGA • June 2022 —Initial Project design presentation (Study Session) • March 2023 —Project design update to gather feedback from Council (Study Session) • July 2023 —Approve master plan and proceed to preliminary plans Cultural Campus • Focus Areas: — Creating a more welcoming and clearly defined museum entrance — Improving museum flow and functionality — Creating an outdoor space for small events, art opportunities, and educational workshops — Expanding and enhancing the archive space Cultural Campus Project Budget — CIP allocated FY2019/20 and 2020/21 includes $473,550 for master planning and preliminary design services. — Budget of $3,310,000 is available for FY 2023/24. — FY 2024/25 proposes to include an additional $1,500,000 for design and construction. Current Project Budget I Proposed Project Budget Professional Master Planning/Design Construction Inspection/Testing/Survi Contingency TOTAL: April 16, 2024 Cost Estimate . w.�awt'wLv 4aRlr LP.UGG dPliK[ dl tear! GPG�TYAitl GriciV'AftAdIT snffnlAt TCTAL AMA AtLV fpl: t6'iJ'A1[ .LM1Ys01t 305a0F S:J gip" '.LSe sp[[ • SS�o fpF QLDPsG1' [[�TutxYu)sviOSY" Y�1n.51] $'aC�3,lSS 51,63L9ae 5��4[P8 517{dtd 11 Sn�dS9 .. .. _'e.Se:v .r . s: ^: �• vx�a.: gwcs+: sgaxvAse--.. TOTA[a/eAac>•{p}'T�•• sb'P �/a.� 5h�t F.15 - .,. a., r, SIS..vB��'e.L W/+xm s1.enM�•�• iS SIMASY( A PRCUfHIA➢E AILV' s4FY •111nGRAM MOT TO SCALE 'TOTAL CO�ISTROEnOfP LOST fNCLUDER COUATVR llllll "- ! ttASIR 1 CON,STPuC71[JNMA1'FR+AI.5,4A5OfL 1.RSOSOET Ss1B5pFf CONTINGENCY ANG ESCALATION $—K 6—W -7QTRL PRC'/FCT CAST t aC1 GEIREA HALL PApF�$$IprvgL AES'CN $FaVlf„♦;S � E f '! TFSTIAG. FUANISHfNGS TEC HNOLOGY AND tOSE4A " P L. •� Ct1NTI.(;cNCY f1l'ex .�__" ��.-_ JL - r r.......... •"'MAS ARDANSUy*tlfaL5i11L'LUDE LUNFIERt'ARO ANV CAVTA WHfCH kA1'E RLOseY! J 1 F, IawA IT etJunuc GFEN REMOVFa FROM CVRRFW P J[CT 1,OS/SW"T Amii 1 ?,ygp,�,p� SCOPE 5]9dtt $im➢ N T HGA P--t-1-e 41 42 21 April 16, 2024 43 44 22 April 16, 2024 LR.7 23 April 16, 2024 HGAwa-��cau rnivow rwsn��vre am�anld Ltl Lf'3 24 April 16, 2024 HGA 49 Construction Cost Fstimate Summary MASTER PLAN '07/07/2023) - $6.329,656 100%PRELIM INARY DESIGN (04116/2024)= $6,380,458 • d% ESCALATION DER YEAR • 12% DESIGN S. C6NTRl1CT1 ON CONTI NG EN CV AVEN I DA N ON TE7U M A S526,327 • k lr5 !00.f?'7 ALLEY N LQCC-City C.—di 10%PO Hil-b.—Plex ..19 Overall Plan Scope of Work ..A •W_! P, I � _ U f.1 ilYl al f N L a = LL f r L. low. (n� (J LQCC- CiLy ��1 o PD mil x a­mt.., t 9 6111 25 April 16, 2024 51 Transformation Overview Existing 52 suture L4�W-City C.—A 100%PO Ma—Prc —b—I11 26 April 16, 2024 53 Overall Aerial i.,e , HGAWO C-Q'L LoumoS09fi PDMilosWno FwwnN 112 Promenade Existing vs- New Itsi0 Ila M ram` tQCC -City Ca�� 7d0$ PO Milnk«rc Prcxnkotran 1 13 27 April 16, 2024 Overall Plan Entry Sequence AVENIDA MONTEZUMA PRIMARY ENTRY O.AS I. Ex .. BACK OF F- HO115E [ 1 BACK OF / 1111 �I HOUSE _ T P HGA W. Overall Plan Activities 611 N d :a LQCC-Cdya—il 10fMn Ml —Ploenmuon 114 N - O�G LOCC-�Caun[II 100%PA K�B6M�P v�p{prtp,4loM1 115 • April 16, 2024 Overoil Pion Tech wlogy � vnracss.ao-.aaa c,lr,r FblO �O�M1R'tl �'9Jn[2tl IO�tlsvPObN aoorGae ✓J SpeeMe4: �pue :loornra for at• mar M HGA 57 Preliminary Deign ARTISINAL f s 71 f ` :-J r-+, 613 .. �arAenlsmroge mn �J LACY-[ ya—i1100%V0141 —td A SPACE EMBEDDED IN THE LAN PCAPE- ELEVATED FORMALLY, AND NATURALISTIC AND ORGANIC IN UNITY. W, OASIS CON KEPT C6 LL CE 11JCC-OiyUWMII IDD%�P 1,IIpKpip NpSgnlp{IOM1 117 29 April 16, 2024 Overall Plan EthnobotonicaI Narrative �G � — T' —� r 1 �� ' 1 WlNrER HGA M Overall Plan Ho rdscope ��i N I.q«-C3p'Caimcil �00%Pp Mr�buta� Presen Ku�on I �H N :d CD LACY-Gtrc-61100%Po M.h—P.—ion 119 30 April 16, 2024 Owroll Plan 5oftsco pe LOrge ti}tntl Fan r+plm r0'91H L¢rgc Medf¢¢I b¢EP - 17 eTu 4 HT �-p•olltl Fpn Polm 'H i¢II st¢rd¢rtl FP¢tum 1me P1..11 m PWce y� Mesqui[� � r Med um HTLrH Fon Pelm � � � LMII ConouY �rec � f � � "minis . `new f 6. L. L¢•ge 4¢uridingS ruh - � / /� _ 1 �' — � Fr_x nm'Jirub L � 1 vN�[oietl Evsrirr� i t - ' .y, ymu0 hom Ste 1-•y xi+cll S ruh HGA 61 Landscape Materials Palette L N 62 i N IAC4-Ctiy Cou-cll 10o m Mab%m Praypnmlln, I 1ACC-CI[y{p�n01pgr4Pp MIIPS�nB PippnrO[Lri I71 31 April 16, 2024 Lighting Exterior Palette . .. .. wc�-agcouncn �ooxw nu�eera�re �ese��a� I n 63 -. A. 'lsniyatom is Cahuilla word for "Designs F—CrLLVe ' l k u Mn � •�P•••1• +•• F�eLk1{5eelr 1 } �sy r c': ' ''mow- - � .■_ 0- y Wcc-cnrc—di coax vo sQ—vmmvn;. 123 64 32 April 16, 2024 Tip I HGA M-1 Promenade New Amenities KINETI C PERGOLAS (HIGHLIGHTS ENTRYWITET UREj PUBLIC ART WOP.UPS. TEMPDRARY I NSTALLATICKS] ETHNOBOTANICAL NARRATIVE (FDLGATICN THROUGt 51Ci M1 ON PLAN-, SEATING SHADE PU81.IC W IF! MIRELESS ACCE55 POINT SICGNACE WAVFI N DI NC TEXTURE [REFERENCE TOCAHIM1LA FOWORE) 11.1-M wcc-cnr cw�cn se�NPanll+aw�eoasenwuar I x+ 33 April 16, 2024 Promenade Ki netic Pergolas REN LITA CUSTOM OPENING SOLUTIONS wuwox • Bosi s o F Desi 9 n: 5-t000 Floatawoy Integroted safety system identifying anything Impeding door trovel • Law to no maintenance, high performance 11QV motors • Parented soFety broke • Bottery Buck up A ll Entry i=xisting Museum 4 7 LA LOLL -Lily Caun•J' i�034PP MIWa[we aipggn�W qri l ?k LQCC-Ciky Cw�rcil 100%PO Mk-- Prcx—.. 127 34 April 16, 2024 Interiors Scope of Work 4� J J 1 l L� i ru.;m:j,i a! t:t�K[IJ=:tJ3li{JiI C L` tl I HGA M-11 Interiors Mate ria I s Pa I ette [eiebroting History MIJ, t' N wcc-cllycw�o� lom;vv Mll+a[wvvrpsgn[atW� 1 za The wterldr palette hps been developed as on extension of the emstmg building wlch complrmentury materials and finishes �7.elebrgtlng the rich nistory of [his museum mch the rnadem elements of the Future wCC-CRY I—". IwNi PO MlIpplwn vrePPMa1Wn I P 35 April 16, 2024 Interiors Materials Palette ___. _--A _ HGA 71 Interiors xisting Renovation �i s,arogs/ l i „tea e Lobby/Gift Shop Office & Small archive Front Office HGA�cc-caYea�moxaori�w�a,.�ma� i3, 72 36 April 16, 2024 Interiors Existing Renovation #L P1 IMt { { tabby/Gift Shop Office & Small Afchive Front Office HGA 73 Entry New Building Addition 74 y. iQCC-G[r Council i00%AO MiInane Arnmtotim 132 "'' I.pCC •GLyC —il W%ADMil—Rhe k .133 37 top- �.�r. �,i � r r ,� � ����I _i I �+ � � �� w_ + � - CCC �� M `f.• ~ t -d CC A April 16, 2024 Interiors New Building Addition Lobby Vestibule w .. a�armron�tm.: J — 6GlftShep jL7 it e _ [bnTorvn� Ve¢t�ule Stor¢rye yr SMpll NChWe I l lir_} — 6. workspace _ r HGA 81 Building Section Oasis & Archive 82 LQCC-MyC 11 PD M11—Prnenta Id 14CC-City a-111OD%PD Nd&Yhn Pl—fic.I Al 41 April 16, 2024 83 84 42 April 16, 2024 r r i i` Y F-M 43 7 e Appendix IF HG» April 16, 2024 Cost Estimate ""'"°'°"" I I CO,U YA,W I I cowemc m AL 1.sslve roar. a� aAcrcvs.-'• sa+ra.� Sn.+.r.,F 4185u>7 a vmu areurr 1 GriL'iV'AftAdIT s�,:a,,m sxeu,��•-• A PROMHlA➢E A/Lb s4FT • OIAGPAM WT TO SCALE 'TOTAL CCINSTROEM, COS? f.kELUDE& CdhATVR llllll "- j}}{ ! C. tAS11 I CaNSTRUCTIgN MAIFROAL5, 4P.5OR 1,S5p9v, � S61B5pFr CONTNGENCp ANO E 3CALAT7ON $—K $1. W "'TOTALPRQ-FCTCOS Wau➢FS GEJRFAfORHALL P.9QFF,$$IprugL oFSiCN $F,7yll'F'a • E f �.. TFSTIAG.EUPNISHrN sr CNhY WL ,G N.O t07E4A r L. •� M.1JrfNGENCY S%C'S IL .`__- �� -_ JL - r r.......... •• LS'IELUD[ ^fwAS ARDAN5u 9rAIC L 1INBERYARO f)CRSTA ANWHH kAYe RLO✓ievr oEEICEfAxorcV[ evrnuc GEFN REmQvFO FROM cuRRFNT PRCIr[CT 1,OS/9pFT Amii 1 ?,ygp,.,p� SCOPE i]9MC Rl+➢orc N T HGA InteriorsOVeF011 Material Palette d,w,a�S:Pt�e1llr�lw➢ wl �;�,;�e detl I1Kw duy.eL Wle l oco.aue Gullrp P1, a Flas-h Ylpl nvl Plo1n 511ad Venerr 1b1 �F:�` Ho[e �inicn nRi M Y10'Wn 9n 4Rm- Ilni[al [0,... dor4nr color Eeyr �' .� A— Ceiling ri.,A T 1y dl>dVc'�A—R gICnlleu wYG Tpglmr]a-x TP' Cxl wnc Panels SPs-IU :li.cl Au[exOlohnli EameeSllicn IOpero r ] ,:d ,Sf ,ee, �� er— z cone 4'Na] HIOn Pre55uR IOm11gI�IPl0ndpAm GI9r 'tN,7j 11ipA MSSwelaAfiPolel LGrtirl,rvl Ouk >, •:N' i' �' C � .•.LrrWR ' r-1)[b 1Sp dSul re IValldle Whlt! AO •rdi'kIP[x Mp{pI IC94ew'irx BpAEI SPLAM-7} - omlll➢mlrmmlwclwr PoeSolln i-•1 11FgnOk[VYJN�-17 _ J �R,.poll lgt001rpy,c W➢II Pc-d i :: Inn[mrwlcM1 calling .. Oa �n-alma The rloorngl�E.YI , Pv[!v_c Tre�tly 5�rro[ecl TermuO W1Ii[e SSeL, ® r�r[&Oln Tq r0ofmg [CTFa7 Yodw-CC1os'IVIe CIVIIxtllrm�Vm"•un1p _ *~''��-^ �d�sl,n., �wp�ll cvltua IFInla capon >r.• akRll illp OoI tile:ar[ooFme I aka r' . -a ::a�nu•mp-A—p. nhers¢ talon p1•apr I—1 t[a NOVellp Q r�tllrwinr Held epr•; accarrc wlrrt ff'}al '�` rrt111er SHtl�S[WT-tl rvOdW-E DA Shudee 1135P 5pno5 HGA W11; --•,4ir•• � -r LQC •CRy6 undl RIDS PO n4kamne P--t— 1 -9 45 CALIFORNIA City Council Meeting April 16, 2024 B2 - Receive and File FY 2023/24 Budget Report City Budget Outlook L 004* STRONG REVENUE EXPENSES ON TARGET o MONITOR ECONOMIC ENVIRONMENT Mid -Year Report Content • General Fund Recommended Adjustments: — Revenues $730,000 — Expenses $141,500 — Additional full-time position April 16, 2024 95 discussion 11 O a a k.,# a 20 _ _- - CALIFORNIA