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2019 Rutan & Tucker - Attorney Services AmendedMEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Susan Maysels, City Clerk DATE: July 7, 2016 RE: Agreement with Rutan & Tucker, LLP for General Legal Counsel Services Attached for your signature is an agreement between the City of La Quinta, the Successor Agency to the former La Quinta Redevelopment Agency, the La Quinta Housing Authority, the La Quinta Financing Authority, and Rutan and Tucker, LLP for general legal counsel effective July 1, 2016 through June 30, 2017. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: Contract payments will be charged to account number: Multi -Accounts as applicable Amount of Agreement, Amendment, Change Order, etc.: $ X A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: X Approved by the City Council on 07/05/16 City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on uc ) Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC-0004029 expires 01/31/2017 Purchase Order number AMENDED AND RESTATED AGREEMENT FOR CONTRACT LEGAL SERVICES THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement"), is made and entered into by and between THE CITY OF LA QUINTA ("City"), a California municipal corporation, the SUCCESSOR AGENCY TO THE FORMER LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a California public entity, the LA QUINTA HOUSING AUTHORITY, a California public entity ("LQHA"), the LA QUINTA FINANCING AUTHORITY, a California public entity ("LQFA"), and RUTAN & TUCKER, LLP ("R&T") a Limited Liability Partnership, as of July 1, 2016. The parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, R&T shall provide general City attorney and Agency, LQHA, and LQFA general legal counsel services, and all necessary additional legal services, as respectively specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference ("Services" or "work"). 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. 119/015610-0002 89614 17 a07/06/16 1.3 Licenses, Permits, Fees and Assessments. R&T 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 that it is responsible to provide as required by this Agreement. 2. COMPENSATION 2.1 Schedule of Compensation. The "Schedule of Compensation" is attached hereto as Exhibit "B" and incorporated herein by this reference. The rates in the Schedule of Compensation shall become effective on July 1, 2016. 2.2 Method of Payment.. R&T shall submit to the City on a monthly basis in the form approved by the City's Finance Director, an invoice for services rendered during the prior month. Such invoice shall (1) describe in detail the services provided, including the amount of time spent on the matter, (2) specify each person who has provided services and the number of hours worked by each such person, and (3) indicate the total charges on the matter to date. The City will pay the invoice within thirty (30) days after the date the invoice is received. 3. PERFORMANCE SCHEDULE 3.1 Term. Unless earlier terminated in accordance with Section 6.2 of this Agreement, this Agreement shall commence on July 1, 2016, and shall continue in full force and effect until completion of the Services. The performance of the City Attorney shall be reviewed by the City Council at least once on or before June 30, 2017, and shall be reviewed at least once annually thereafter. 119/015610-0002 89614.17 a07/06/16 -2- 4. COORDINATION OF SERVICES 4.1 R&T as General Counsel. William H. Ihrke was designated, effective July 2, 2014, as the City Attorney, and shall continue to serve as the City Attorney and have the primary responsibility for coordination of all legal services for the City, Agency, LQHA, and LQFA. The City Attorney, with the advice and concurrence of the City Council, shall designate the Assistant City Attorney. 4.2 Additional Representatives of R&T. The following additional attorneys of R&T are hereby designated for the Services specified herein: (a) David Cosgrove, as the primary counsel with respect to eminent domain. (b) Joseph Larsen, Epiphany Owen, and Bill Schaeffer as counsel with respect to labor and employment issues. (c) William M. Marticorena, with respect to cable television and bond counsel. (d) Caroline Djang, as counsel with respect to bankruptcy issues. (e) Robert Owen, as lead litigation counsel, and Noam Duzman, as code enforcement counsel. (f) Allison LeMoine-Bui, to assist Mr. Ihrke with regard to post -redevelopment and affordable housing issues. Substitution of the foregoing attorneys shall be permitted with the consent of the Contract Officer. The foregoing attorneys shall be primarily responsible during the term of 119/015610-0002 89614 17 a07/06/16 -3- this Agreement for devoting sufficient time to personally supervise any other attorneys or paralegals in providing the Services provided by R&T hereunder. 4.3 Contract Officer. The Contract Officer shall be the City Manager of the City or such other person as may be designated by the City Manager. It shall be R&T's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services. 4.4 Prohibition Against Subcontracting or Assignment. R&T shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City, Agency, LQHA and LQFA. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City, Agency, LQHA and LQFA. 4.5 Independent Contractors. Neither the City nor any of its employees shall have any control over the manner, mode or means by which R&T, its agents or employees, perform their respective Services required herein, except as otherwise set forth. R&T shall perform the Services required herein as separate independent contractors of City, Agency, LQHA and LQFA, and shall remain at all times wholly an independent contractor with only such obligations as are consistent with that role. 4.6 Insurance. 4.6.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, R&T shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance 119/015610-0002 89614.17 a07/06/16 _4 _ against all claims for injuries against persons or damages to property resulting from R&T's acts or omissions rising out of or related to R&T'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 R&T's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. 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) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) R&T 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 R&T, its officers, any person directly or indirectly employed by R&T, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to R&T's performance under this Agreement. If R&T or R&T's employees will use personal autos in any way under this Agreement, R&T shall 119/015610-0002 89614.17 a07/06/16 -5- 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 R&T'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 R&T 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. R&T 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. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of R&T's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 4.6.2 Remedies. In addition to any other remedies City may have if R&T fails to provide or maintain any insurance policies or policy endorsements to the extent and 119/015610-0002 89614 17 a07/06/16 -6- 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 R&T to stop work under this Agreement and/or withhold any payment(s) which become due to R&T hereunder until R&T demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for R&T'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 R&T may be held responsible for payments of damages to persons or property resulting from R&T's or its subcontractors' performance of work under this Agreement. 4.6.3 General Conditions pertaining to provisions of insurance coverage by R&T. R&T and City agree to the following with respect to insurance provided by R&T: 1. R&T 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. R&T also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit R&T, or R&T's employees, or agents, from waiving the right of subrogation prior to a loss. R&T agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors 119/015610-0002 89614.17 a07/06/16 -7- to do likewise. 3. All insurance coverage and limits provided by Contractor 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 the 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. R&T 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 of the coverages required and an additional insured endorsement to R&T'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 119/015610-0002 89614.17 a07/06/16 -g- paid by R&T or deducted from sums due R&T, at City option. 8. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by R&T 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. R&T agrees to ensure that subcontractors, and any other party involved with a project that is brought onto or involved in the project by R&T, provide the same minimum insurance coverage required of R&T. R&T 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. R&T agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. R&T 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 a project to self -insure its obligations to City unless consented to by City. If R&T'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 R&T, 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 the contract to 119/015610-0002 89614 17 a07/06/16 -9- change the amounts and types of insurance required by giving the R&T ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the R&T, 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. R&T acknowledges and agrees that any actual or alleged failure on the part of City to inform R&T 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. R&T 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 or not 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. R&T 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 R&T's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as 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. 119/015610-0002 89614.17 a07/06/16 -1 �' 16. The provisions of any workers' compensation or similar act will not limit the obligations of R&T under this Agreement. R&T 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 Section 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 Section. 20. R&T agrees to be responsible for ensuring that no contract used by any party involved in any way with a project reserves the right to charge City or R&T 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. R&T agrees to provide immediate notice to City of any claim or loss against R&T arising out of the work performed under this Agreement. City assumes no obligation 119/015610-0002 89614 17 a07/06/16 -1 1- 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. 4.7 City, Agency, and Authorities Cooperation. The City, Agency, LQHA and LQFA shall provide R&T with any data or information pertinent to Services to be performed hereunder which are reasonably available to the City, Agency, LQHA and LQFA and necessary for the provision of such Services. 5. RECORDS AND REPORTS 5.1 Reports. R&T shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 5.2 Records. R&T shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6. ENFORCEMENT AND TERMINATION OF AGREEMENT 6.1 California Law. This Agreement shall be construed and interpreted 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 119/015610-0002 89614 17 a07/06/16 -12- California, or any other appropriate court in such county, and R&T covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 6.2 Termination. This Section shall govern any termination of this Agreement. All parties reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 7. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 7.1 Non -liability of City Officers and Employees. No officer or employee of the City, Agency, LQHA or LQFA shall be personally liable to R&T in the event of any default or breach by the City, Agency LQHA or LQFA, or for any amount which may become due to R&T, or for breach of any obligation of the terms of this Agreement. 7.2 Conflict of Interest. R&T 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. 7.3 Covenant against Discrimination. R&T covenants that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability, ancestry or any other protected class established by law in the performance of this Agreement. R&T shall take any necessary action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical 119/015610-0002 89614 17 a07/06/16 -13- disability, mental disability, medical condition, age, ancestry, or any other protected class established by law. 8. MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, and/or communication the parties desire or are required to give to 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 8.1. To City, Agency, LQHA or LQFA: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: Frank Spevacek City Manager To R&T: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: William H. Ihrke 8.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. This Agreement specifically supersedes the prior Agreements for Contract Services. 8.3 Amendment. This Agreement may be amended at any time by the consent of the parties by an instrument in writing signed by all parties. 119/015610-0002 89614.17 a07/06/16 -14- 8.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining 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. 8.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. [signatures on next page] CITY OF LA QUINTA Dated: j , 2016 By: nk Jspevacek, City Manager ATTEST: Susan Maysels, City CI k. Chris Escobedo, Acting City Manager 119/015610-0002 8961417 a07/06/16 -15- SUCCESSOR AGENCY TO THE FORMER LA QUINTA REDEVELOPMENT AGENCY Dated: �� , 2016 By: IQ ank I Spevacek, Executive Director Chris Escobedo, Acting Executive Director ATTEST: 5"A,ov Ojj�� Susan Maysels, Agenc Secretary LA QUINTA HOUSING AUTHORITY AND LA QUINTA FINANCING AUT ORITY Dated: , 2016 By: rank J. Spevacek, Executive Director Chris Escobedo, Acting Executive Director ATTEST: Susan Maysels, Authoriti ' Secretary RUTAN & TUCKER, LLP Dated: � •� _ , 2016 By: William H. Ihrke, Partner 119/015610-0002 89614.17 a07/06/16 -16- EXHIBIT "A" SCOPE OF SERVICES I. SCOPE OF SERVICES. A. General. City, Agency, LQHA and LQFA employ R&T and R&T agrees to perform all required legal services to the City as City Attorney and General Counsel to the Agency, LQHA and LQFA, including, without limitation, the following: 1. Regular office hours and coverage of all City Council meetings, and other City, Agency, LQHA and LQFA Board and Commission meetings or negotiating meetings upon request. 2. Prepare and/or review all ordinances, resolutions and agreements of the City, Agency, LQHA and LQFA. 3. Render such other legal services and advice as required and may from time to time be requested by the City Council or City Manager on any matter affecting the operation of the City, Agency, LQHA and LQFA. 4. All litigation matters concerning the City, Agency, LQHA and LQFA. B. Retainer Services. R&T agrees that, as part of its retainer, it shall provide, through the services of the designated City Attorney or Assistant City Attorney, office hours at City Hall for the time specific in Exhibit B, Section I.A. (the "Retainer Time"). It is currently anticipated that as a general rule, the designated City Attorney will attend City Council, Agency, LQHA and LQFA regular meetings, and that the designated Assistant City Attorney will attend the Planning Commission meetings, if attendance at the Planning Commission meetings is requested by the City. II. ADDITIONAL SPECIAL SERVICES. A. Litigation. The City, Agency, LQHA and LQFA hereby retain R&T to perform litigation services for City, Agency, LQHA and LQFA, and the services necessary relating to threatened litigation. B. Special Municipal Services. The City, Agency, LQHA and LQFA hereby employ R&T to perform specialized legal services for the areas of labor, cable television, bankruptcy, and general municipal on an as needed basis. 119/015610-0002 89614.17 a07/06/16 A-1 C. Bond Counsel. R&T agrees to perform all requested legal services as Bond Counsel to the City, Agency, LQHA and LQFA, including without limitation the following: 1. Assessment Districts. In regard to assessment proceedings pursuant to the Municipal Act of 1913 with bonds issued pursuant to the Improvement Bond Act of 1915 or the 1911 Act, City employs R&T to furnish, and R&T agrees to furnish, the following legal services: a. Attend meetings with the staff and consultants to formulate the financing. b. Examination of the map of the assessment district, the assessment roll and diagram, the bonds, and the giving of instructions and advice in connection with the foregoing. C. Preparation of all resolutions, notices, contracts, bond forms, and other legal papers and document required in the proceedings. d. Attendance at the hearing on the assessment district and at such other City Council's meetings at which any action in the proceedings is to be taken and attendance is requested. e. Examination of the proceedings, step by step, as taken. Supervise the closing. g. Issuance of Contractor's legal opinion upon the validity of the proceedings and the bonds issued to represent unpaid assessments. 2. Pre -assessment Proceedings. If pre -assessment proceedings are taken, R&T will prepare all resolutions, notices, and other documents required, attend the pre -assessment hearing and prepare the resolutions, notices and other documents for the election. 3. General Obligation Bonds. In connection with the issuance of general obligation bonds, R&T agrees to draft all resolutions, notices and other documents, attend such meetings of the staff and City Council of the City as may be necessary to complete an election for the authorization of the bonds and the issuance of the bonds if authorized. R&T will work with the City staff and its consultants to determine the best method of marketing the bonds, draft all resolutions, notices and other documents for the sale of the bonds, attend such meetings 119/015610-0002 89614.17 a07/06/16 A-2 of the staff and the City Council of the City as may be necessary to complete the sale of the bonds, prepare closing documents, supervise the closing and issue R&T's legal approving opinion on the bonds. 4. Certificates of Participation. The City's joint exercise of powers will be utilized to issue certificates of participation. R&T will attend the meetings of the City Council of the City and the Board of Directors of the LQFA as may be necessary in connection with the certificate of participation transaction, prepare documents necessary to lease the land or facility to be improved and the leaseback of the improved facility, the trust agreement, the bond sale documents, the certificates, the closing documents, attend and supervise the closing, and issue a legal approving opinion to the purchaser of the certificates. 5. Mello -Roos County Facilities Act of 1982-Bonds. This part relates to the formation of a Community Facilities District ("District") and the bonds to be issued in connection with that District. Such services shall include but not be limited to meetings with the City staff and its financial consultant, attendance at City Council meetings, the drafting of resolutions, notices and other documents required for the formation of the District, the special tax and bond authorization election, and for the issuance of the bonds, if determined necessary by Bond Counsel, the uncontested validation of the special tax if determined necessary by Bond Counsel, the preparation of the closing documents and the rendering of a legal opinion. 6. Post -Redevelopment and Statutorily Authorized Tax Increment Bonds. R&T will prepare all documents for the issuance and sale of tax increment bonds authorized pursuant to law, including the resolutions for adoption by the City, Agency, LQHA and if the LQFA is to be used, the resolutions to be adopted by the LQFA, the trust agreement, bond sale documents, and the closing documents. R&T will supervise the closing and issue its legal approving opinion on the proceedings. 119/015610-0002 89614,17 a07/06/16 A-3 EXHIBIT "B" SCHEDULE OF COMPENSATION CITY ATTORNEY AND AGENCY'S/AUTHORITIES' COUNSEL. For services rendered by Rutan & Tucker, LLP, the City, Agency, LQHA and LQFA hereby agree to pay the following fees: A. Retainer Amount. A flat retainer rate $11,000 per month shall be paid for: (a) For Council Meeting Weeks: On Council meeting Tuesdays, the hours at City Hall shall be 10:00 a.m. until the end of the meeting, and 8:00 a.m. until noon, and then from 1:00 p.m. to 5:00 p.m. on the following Wednesday. These hours will generally be handled by the designated City Attorney unless ill or otherwise unavailable. (b) For Planning Commission Weeks: On the Tuesday of the Commission meeting, the hours at City Hall shall be one hour prior to the start of the Planning Commission meeting until the end of that Planning Commission meeting. These hours are optional and will be handled by the designated Assistant City Attorney unless ill or otherwise unavailable, and only if attorney attendance at these meetings is requested. (c) With the consent of the City Manager, the City Attorney may occasionally adjust the City Hall hours to accommodate scheduling needs. (d) The retainer shall be reduced by $4,000 for each bi-monthly City Council meeting (and related Tuesday/Wednesday office hours) that is cancelled and attendance of the City Attorney for those related Tuesday/Wednesday office hours is not required. B. Additional Amounts for General City Attorney Services. All hours for general attorney services (in addition to the Retainer Time) shall be billed at $210 per hour for attorney services, $130 per hour for all paralegals, and $45 per hour for document clerks. 119/015610-0002 89614.17 a07/06/16 B-1 II. SPECIAL SERVICES RATES. For special services rendered by R&T, the City, Agency, LQHA and LQFA agree to pay the following fees: A. For services rendered in connection with any litigation or threatened litigation matter as described in Section II.A. of Exhibit "A," or for special transactional services the following fees shall apply: $240 per hour for all partners. On special matters, and with the advance permission of the City Council, a "Special Partner Rate" of $255 per hour may be imposed for litigation matters requiring a high degree of specialty outside the normal. 2. $215 per hour for all associates. 3. $130 per hour for all paralegals and $45 per hour for all document clerks. B. For services rendered in connection with other special legal services, such as labor, telecommunications, post -redevelopment, hazardous and toxic materials, but not including bond services, the following fees shall apply: $240 per hour for all partners. 2. $215 per hour for all associates. 3. $130 per hour for all paralegals. C. Bond Counsel. For services rendered by R&T acting as Bond Counsel, the City, Agency, LQHA and LQFA hereby agree to pay the standard hourly design rates for R&T attorneys who perform bond services, subject to any maximum amount of payment for bond services, agreed upon by R&T and the City, Agency, LQHA and/or LQFA, as part of any bond issuance. In no event shall R&T be paid based on a percentage of a bond issuance, nor shall R&T be paid additional contingent compensation based on whether and under what terms the City, Agency, LQHA or LQFA enters into a separate contract for a bond issuance. Notwithstanding any provisions in the Agreement, this Section II.0 of Exhibit "B" is applicable starting January 1, 2016. D. Costs. All travel time shall be billed (except for conjunction with Retainer Work or Bond Counsel work) but no travel charges to the desert area (i.e., mileage or hotel) shall be charged. Charges for travel outside the Riverside or Orange County area will be subject to approval by the City Manager. No long distance telephone charges within the Orange and Riverside County areas would be billed. All other out-of-pocket charges (i.e., copying 119/015610-0002 89614.17 a07/06/16 B-2 at $.19 per page, Lexis or Westlaw charges, telecopying, messenger charges) shall be charged at standard rates. E. Reimbursement Rates. For all matters for which the City, Agency, LQHA or LQFA is entitled to reimbursement for R&T's services from third parties, R&T's rates shall be its standard applicable hourly design rates. If the City is unable to obtain reimbursement for any reason, the City, Agency, LQHA or LQFA shall be credited with the differential between the above scheduled rates and the standard applicable hourly design rates, or shall be entitled to a refund of the differential, at its or their option. 119/015610-0002 89614.17 a07/06/16 B-3 CERTIFICATE OF INSURANCE Number 2238 This certificate is issued as a, matter of information only and confers no rights upon the certificate holder. This certificate does not amend or alter the coverage afforded by the policy described below. INSURED: Rutan & Tucker, LLP 611 Anton Boulevard, 14`h Floor Costa Mesa, California 92626 INSURER: Attorneys Insurance Mutual Risk Retention Group, Inc. COVERAGE: This is to certify that the policy of insurance listed below has been issued to the Insured named above for the period indicated, Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is issued on a claims -made basis and is subject to all terms, exclusions and conditions of such policy. The limit shown may have been reduced by paid claims. TYPE OF INSURANCE: Professional Liability POLICY NUMBER: IP-0000-13/2016 POLICY PERIOD: July 1, 2016 to July 1, 2017 (12:01 a.m.) LIMIT: A minimum of $1,000,000 per claim and in the aggregate including defense costs excess of a self -insured retention. CANCELLATION: Should the above described policy be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named below. Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. CERTIFICATE HOLDER: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 ISSUED BY: Attorneys Insurance Mutual Risk Retention Group, Inc. DATE ISSUED: July 1, 2016 AUTHORIZED REPRESENTATIVE Amethyst Captive Insurance Solutions, Inc. Client#: 1257796 305RUTANTUC IDDlYYYY) DATE (MM ACACORD.CERTIFICATE OF LIABILffY INSURANCE D2124/2016 ATE(MMM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTAPRODUCER N,, Kathy_ Waters BB&T Insurance Services PHDN� Fnx A}C we , 714 941-2938 (Ale Np): _ of Orange County E °AIL KWate bbandt.com Dr1E3s, 2400 Katella Avenue Ste 1100 —J -- - INSURER S AFFORDING COVERAGE NAICtI Anaheim, CA 92806 INSURER A.. Federal Insurance Company 20281 INSURED INSURER B Rutan & Tucker LLP INSURER C P.O. Box 1950 INSURER D : 611 Anton Blvd.l4th Floor INSURER E : Costa Mesa, CA 92626-1998 INSURER F r•n%t%=0ArGe CERTIFICATE NIIMRFR• REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ■i31i A00L SUER' POLICY EfF.. .POLCY EXP LTR TYPE OF INSURANCE INSR WVD. POLICY NUMBER MMfnOIyYYY (M9'AfilildY_ LIMITS A X COMMERCIAL GENERALLIABILITY 36001486WCE 33/01/2016 03/01/2017 EACH OCCURRENCE $1 000000 W& EaT�D ncel CLAIMS -MADE ®OCCUR $1 000,000 MEDEXP, one person) $10,000__ PERSONAL & ADV INJURY $1 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT LOC PRODUCTS -COMPIOPAGG $_Included $ OTHER: _I A AUTOMOBILE LIABILITY 73583261 D3101/2016 03/01/201 c(EoRmaeoltmentsINGLE LIMIT1,000,000 BODILY INJURY (Per person) ANY AUTO BODILY INJURY (Per accident) $ _ ALL OWNED SCHEDULED AUTOS H AUTOS NON -OWNED AUTOS AUTOS PROPERTY DAMAGE t $HIRED _ A X UMBREUA UAS , OCCUR 79890486 01310112016 03101/2017 EACH OCCURRENCE $1 O 000 000 AGGREGATE $1000O 000 _ EXCESS LIAB CLAIMS -MADE DED �- RETENTION $ $ WORKERS COMPENSATION PER ER AND EMPLOYERS" UABIL1TY ANY PROPRIETORIPARTNER/EXECUTIVE Y I N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) N I A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E I DISEASE- POLICY LIMIT $ IF yes, dexCdbe under DESCRIPTION OF OPERATIONS below A Blanket Personal 36001486WCE 33/01/2016 03/01/2017 $10,143,600 Limit Property SPC,RC/$5,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached IF more space Is requlred) Certificate Holder is named as Additional Insured with respect to General Liability as contained within Chubb's endorsement 80-02-2367 05/07, Who Is An Insured, Additional Insured -Scheduled Person or Organization, to be issued by carrier, per written contract. Waiver of Subrogation applies to General Liability as contained within Chubbs form 80-02-2000 04101, General Liability, Conditions, Transfer Or Waiver Of Rights Of Recovery Against Others, pg 24 of 32, (See Attached Descriptions) K19AA111111 yIIAM0 -110 i City of La Quinta 78-495 Catle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1980-2014 ACORD CORPORATION. All rights reserved. ACARn ?K l9nidlnll 4 —f 4 Thw AnoRn name and Innn Ara ranicfarAd maritc of ACr1Rr1 DESCRIPTIONS (Continued from Page 1 ) attached to policy, per written contract Certificate Holder is named as Additional Insured with respect to Auto Liability per Chubb's endorsement, CA2048 1013, Designated Insured for Covered Autos Liability Coverage, issued by carrier. Additional Insured to include per above specifications: City of La Quinta and its officials, officers, employees and agents. Notice of Cancellation to apply per policy endorsements. SAGMA 25.3 (2014101) 2 of 2 CERTIFICATE OF INSURANCE Number 2238 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend or alter the coverage afforded by the policy described below. INSURED: Rutan & Tucker, LLP 611 Anton Boulevard, 14t' Floor Costa Mesa, California 92626 INSURER: Attorneys Insurance Mutual Risk Retention Group, Inc. COVERAGE: This is to certify that the policy of insurance listed below has been issued to the Insured named above for the period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is issued on a claims -made basis and is subject to all terms, exclusions and conditions of such policy. The limit shown may have been reduced by paid claims. TYPE OF INSURANCE: Professional Liability POLICY NUMBER: IP-0000-13/2016 POLICY PERIOD: July 1, 2016 to July 1, 2017 (12:01 a.m.) LIMIT: A minimum of $1,000,000 per claim and in the aggregate including defense costs excess of a self -insured retention. CANCELLATION: Should the above described policy be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named below. Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. CERTIFICATE HOLDER: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 ISSUED BY: Attorneys Insurance Mutual Risk Retention Group, Inc. DATE ISSUED: July 1, 2016 AUTHORIZED REPRESENTATIVE Amethyst Captive Insurance Solutions, Inc. Client#: 22278 RUTATUCK ACORD,,., CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Nicole Fisher NAME: Barney & Barney, A Marsh & P" o?. 949-540-6921 McLennan Ins A LLG EMAIL [Arc. Na): gy AnDRE , nicole.fisherobarneyandbarney.com 101 Enterprise #330 LicOH18131 INSURERS AFFORDING COVERAGE NAIC # Aliso Viejo, CA 92656 INSURER A, NOVA Casualty Company 142552 INSURED INSURER B . Rutan & Tucker LLP INSURER C : 611 Anton Blvd., 14th Floor INSURER D Costa Mesa, CA 92626 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE ADDL SUB GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER 1 M101iD E][ LIMITS EACHOCCURRRENCE $ Ea occurrence $ MED EXP (Any one person $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJEC- LOC PRODUCTS - COMP/OP AGO $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED HIRED AUTOS _ AUTOS COMBINED SINGLE LIMIT [Eaati BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ $ $ AGGREGATE DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE �Y i N OFFICERIMEMBER EXCLUDED? N J (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A BBWWK00103465 D1/01/2016 01/01/201 X wcsTATu- OTH- ffi­ $1 000 OOO $1 OOO O E.L. EACH ACCIDENT EL DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT -0 1 $1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Waiver of Subrogation applies pending endorsement from carrier. ttiR:iu ".011 L■ice City of La Quinta 78495 Calte Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _5_% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization CITY OF LA QUINTA 78495 Calle Tampico La Quinta, CA 92253 Schedule Job Description This endorsement changes the policy to which it is attached effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/01/2016 Insured RUTAN & TUCKER LLP Insurance Company NOVA CASUALTY COMPANY Policy No. BBW-WK-0010346-5 Countersigned by Endorsement No. 001 Premium $ WC 04 03 06 (Ed. 4-84) D tCEf%X- )ling Received CALIFORNIA • - 700 STATEMENT OF ECONOMIC INTERESJ� ' 4P}= ° 4)` �� E PRACTICESFAIR POLITICAL COMMISSION DOCUMENTA PUBLIC COVER PAGE Please type or print in ink. - 55 NAME OF FILER (LAST) (FIRST) (MIDDLE) Ci � OF c ClUINT€�; Ihrke William , a , :u -. i , h 1. Office, Agency, or Court Agency Name (Do not use acronyms) City of La Quinta Division, Board, Department, District, if applicable Your Position City Attorney ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position, 2. Jurisdiction Of Office (Check at least one box) ❑ State ❑ Judge or Court Commissioner (Statewide Jurisdiction) ❑ Multi -County ❑ County of © City of La Quinta ❑ Other 3. Type of Statement (Check at least one box) © Annual: The period covered is January 1, 2015, through ❑ Leaving Office: Date Left I I December 31, 2015. (Check one) -or- The period covered is I— I through O The period covered is January 1, 2015, through the date of December 31, 2015. -or- leaving office. ❑ Assuming Office: Date assumed O The period covered is I— I through the date of leaving office. ❑ Candidate: Election year and office sought, if different than Part 1: 4,,.. 'Schedule Summary `(must complete) ►: Total numberyof pages mcludmg this cover page: y �Schedu/es�a ached � 9 _Schedule A=1 Investments ,kschedule.attached Schedule C Income Loans &Business Pos�fions schedule attached ❑ Schedule A-2 Investments achedule attached ❑ Schedule D Income Gifts schedule attached ❑ Schedule µB Real Propertyschedule':attached ❑`Schedule E Income Gifts: Travel°Payments 7 schedule attached ❑; one - No repolwwv rnterest s."on -any scha .0 e. 5. Verification MAILING ADDRESS STREET CITY STATE ZIP CODE (Business or Agency Address Recommended - Public Document) 611 Anton Boulevard, #1400 Costa Mesa CA 92626 DAYTIME TELEPHONE NUMBER E-MAILADDRESS ( 714 ) 641-5100 1 bihrke@rutan.com I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signed- i ,�Signature��- (month, day, year) (File the originally signed statement with your filing official.) FPPC Form 700 (2015/2016) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov SCHEDULE A-1 CALIFORNIA _ Investments FAIR POLITICAL PRACTICES COMMISSION Stocks, Bonds, and Other Interests Name (Ownership Interest is Less Than 10%) William H. Ihrke Do not attach brokerage or financial statements. ► NAME OF BUSINESS ENTITY Rutan & Tucker, LLP GENERAL DESCRIPTION OF THIS BUSINESS Law Firm FAIR MARKET VALUE ❑ $2,000 - $10,000 ® $10,001 - $100.000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) m Partnership O Income Received of $0 - $499 p Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: 1. /. 15 �_/ 15 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,00, - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: 15 � / 15 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,00, - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: —J� 15 I / 15 ACQUIRED DISPOSED Comments: ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: / 15 _�� 15 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1.000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: I 1 15 15 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1.000.000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: _I_ 1 15 _/� 15 ACQUIRED DISPOSED FPPC Form 700 (2015/2016) Sch. A-1 FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov SCHEDULE C CALIFORNIA Income, Loans, & Business FAIR POLITICAL PRAC Positions Name (Other than Gifts and Travel Payments) William H. Ihrke NAME OF SOURCE OF INCOME NAME OF SOURCE OF INCOME RUTAN & TUCKER, LLP ADDRESS (Business Address Acceptable) ADDRESS (Business Address Acceptable) 611 Anton Blvd., #1400, Costa Mesa, CA 92626 BUSINESS ACTIVITY, IF ANY, OF SOURCE BUSINESS ACTIVITY, IF ANY, OF SOURCE Law Firm YOUR BUSINESS POSITION YOUR BUSINESS POSITION Partner GROSS INCOME RECEIVED GROSS INCOME RECEIVED ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $500 - $1,000 ❑ $1,001. - $10,000 ❑ $10,001 - $100,000 © OVER $100,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or registered domestic partner's income ❑ Salary ❑ Spouse's or registered domestic partner's income (For self-employed use Schedule A-2.) (For self-employed use Schedule A-2.) ❑ Partnership (Less than 10% ownership. For 10% or greater use ❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) Schedule A-2.) ❑ Sale of ❑ Sale of (Real property, car, boat, etc.) (Real property, car, boat, etc.) ❑ Loan repayment ❑ Loan repayment ❑ Commission or ❑ Rental Income, list each source of $10,000 or more ❑ Commission or ❑ Rental Income, list each source of $10,000 or more (Describe) (Describe) © Other Schedule A-1 Partnership Income ❑ Other (Describe) (Describe) I� 2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD * You are not required to report loans from commercial lending institutions, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER` INTEREST RATE TERM (Months/Years) % ❑ None ADDRESS (Business Address Acceptable) SECURITY FOR LOAN ❑ None ❑ Personal residence BUSINESS ACTIVITY, IF ANY, OF LENDER ❑ Real Property HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 Comments: Street address City ❑ Guarantor ❑ Other (Describe) FPPC Form 700 (2015/2016) Sch. C FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline:866/275-3772 www.fppc.ca.gov RECEIVED • ' • ' STATEMENT OF ECONOMIC INTERESTSL,jrWgiceived FAIR .. DOCUMENTA PUBLIC COVER PAGE D CtU1NTA Please type or print in ink. DEPARTMENT NAME OF FILER (LAST) (FIRST) (MIDDLE) Wazlaw Morgan 1. Office, Agency, or Court Agency Name (Do not use acronyms) City of La Quinta Division, Board, Department, District, if applicable Your Position Assistant City Attorney ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position: 2. Jurisdiction of Office (Check at least one box) f ❑ State ❑ Multi -County © City of La Quinta ❑ Judge or Court Commissioner (Statewide Jurisdiction) ❑ County of ❑ Other — 3. Type of Statement (Check at least one box) ❑ Annual: The period covered is January 1, 2015, through ❑ Leaving Office: Date Left I I December 31, 2015. (Check one) -or- The period covered is I through December 31, 2015. © Assuming Office: Date assumed ❑ Candidate: Election year 07 , 15 , 2016 O The period covered is January 1, 2015, through the date of -or- leaving office. O The period covered is _L I through the date of leaving office, and office sought, if different than Part 1: 5. Verification MAILING ADDRESS STREET CITY STATE ZIP CODE (Business or Agency Address Recommended - Public Document) 611 Anton Boulevard, #1400 Costa Mesa, CA 92626 NUMBER ADDRESS ( 714 ) 641-5100 1 mwazlaw@rutan.com I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correcK____\ Date Signed day, Signature with your filing official.) v FPPC Form 700 (2015/2016) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov 1 P_ SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) NAME OF SOURCE OF INCOME Rutan & Tucker, LLP ADDRESS (Business Address Acceptable) 611 Anton Blvd., #1400, Costa Mesa, CA 92626 BUSINESS ACTIVITY, IF ANY, OF SOURCE Law Firm . YOUR BUSINESS POSITION Associate GROSS INCOME RECEIVED ❑ $500 - $1,000 ❑ $1,00, - $10,000 ❑ $10,001 - $100,000 © OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED Salary ❑ Spouse's or registered domestic partner's income (For self-employed use Schedule A-2.) ❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale of (Real property, car, boat, etc.) ❑ Loan repayment ❑ Commission or ❑ Rental Income, list each source of $10,000 or more (Describe) Name Morgan Wazlaw NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or registered domestic partner's income (For self-employed use Schedule A-2.) ❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale of (Real property; car, boat, etc.) ❑ Loan repayment ❑ Commission or ❑ Rental Income, list each source or $10,000 or more (Describe) ❑Other Other (Describe) (Describe) 2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD * You are not required to report loans from commercial lending institutions, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 INTEREST RATE TERM (Miionths/Years) % ❑ None SECURITY FOR LOAN ❑ None ❑ Personal residence ❑ Real Property ❑ Guarantor ❑ Other Street address City (Describe) Comments: FPPC Form 700 (2015/2016) Sch. C FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov CERTIFICATE OF INSURANCE Number 2405 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend or alter the coverage afforded by the policy described below. INSURED: Rutan & Tucker, LLP 611 Anton Boulevard, 14"' Floor Costa Mesa, California 92626 INSURER: Attorneys Insurance Mutual Risk Retention Group, Inc. COVERAGE: This is to certify that the policy of insurance listed below has been issued to the Insured named above for the period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is issued on a claims -made basis and is subject to all terms, exclusions and conditions of such policy. The limit shown may have been reduced by paid claims. TYPE OF INSURANCE: Professional Liability POLICY NUMBER: IP-0000-13/2017 POLICY PERIOD: July 1, 2017 to July 1, 2018 (12:01 a.m.) LIMIT: A minimum of $1,000,000 per claim and in the aggregate including defense costs excess of a self -insured retention. CANCELLATION: Should the above described policy be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named below. Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. CERTIFICATE HOLDER: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ISSUED BY: Attorneys Insurance Mutual Risk Retention Group, Inc. DATE ISSUED: July 1, 2017 AUTHORIZED REPRESENTATIVE Amethyst Captive Insurance Solutions, Inc.