Agenda packet — La Quinta City Council, February 15, 2022 (part 1 of 4)

CITY COUNCIL AGENDA Page 1 of 8 FEBRUARY 15, 2022

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, FEBRUARY 15, 2022
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
******************************

SPECIAL NOTICE
Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the public, the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference.

Members of the public wanting to listen to the open session of the meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live.

Members of the public wanting to address the City Council, either for a specific agenda item or matters not on the agenda are requested to follow the instructions listed below:

Written public comments – can be provided in-person during the meeting or emailed to the City Clerk’s Office at [email protected] preferably by 2:00 p.m. on the day of the meeting, and will be distributed to the City Council, incorporated into the agenda packet and 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 agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
 CONSENT CALENDAR ITEM NO. 11

WAS MOVED TO BUSINESS
SESSION ITEM NO. 2
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CITY COUNCIL AGENDA Page 2 of 8 FEBRUARY 15, 2022

The email “subject line” must clearly state “Written Comments” and list the following:
1) Full Name 4) Public Comment or Agenda Item Number
2) City of Residence 5) Subject
3) Phone Number 6) Written Comments
*** TELECONFERENCE PROCEDURES ***
Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/they to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

Only one person at a time may speak by teleconference and only after being recognized by the Mayor.

ZOOM LINK: https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 – 8782
It would be appreciated that any email communications for public comments related to the items on the agenda, or for general public comment, are provided to the City Clerk’s Office at the email address listed above prior to the commencement of the meeting. If that is not possible, and to accommodate public comments on items that may be added to the agenda after its initial posting or items that are on the agenda, every effort will be made to attempt to review emails received by the City Clerk’s Office during the course of the meeting. The Mayor will endeavor to take a brief pause before action is taken on any agenda item to allow the City Clerk to review emails and share any public comments received during the meeting. All emails received by the City Clerk, at the email address above, until the adjournment of the meeting, will be included within the public record relating to the meeting. ******************************

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, 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 by providing written public comments either in-person or via email as indicated above; or provide verbal public Click Here to Return to Agenda
CITY COUNCIL AGENDA Page 3 of 8 FEBRUARY 15, 2022

comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.

SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda by providing written public comments either in-person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk. Please limit your comments to three (3) minutes (or approximately 350 words). 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. TALUS – PROJECT STATUS UPDATE
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CITY COUNCIL AGENDA Page 4 of 8 FEBRUARY 15, 2022

CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

PAGE

1. ADOPT ORDINANCE NO. 598 ON SECOND READING ADDING SECTION

14.16.415 TO THE LA QUINTA MUNICIPAL CODE ESTABLISHING

REGULATIONS FOR THE MAINTENANCE OF ANY PUBLIC RIGHT-OF-WAY 9 2. RECEIVE AND FILE FISCAL YEAR 2020/21 ART IN PUBLIC PLACES

ANNUAL REPORT
17 3. APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30138, A

RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF
AVENUE 52 WEST OF MADISON STREET
23 4. APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 31249, CANTERA, A

RESIDENTIAL DEVELOPMENT LOCATED ON THE SOUTH SIDE OF
AVENUE 58 WEST OF MADISON STREET
47 5. AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT ASSISTANT TO ATTEND CITY CLERKS’ ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 200 IN RIVERSIDE, CALIFORNIA, MARCH 15-18, 2022
69 6. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCIAL SERVICES ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL TREASURERS’ ASSOCIATION ANNUAL CONFERENCE IN NEWPORT BEACH, CALIFORNIA, MAY 4-5, 2022
71 7. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER

TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361
(STATS. 2021, CH. 165)
73 8. APPROVE DEMAND REGISTERS DATED JANUARY 28 AND FEBRUARY 4, 2022
79 9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2021
95 10. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE STRIPING REFRESH (PROJECT NO. 2021-04)
101
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11. Pulled from Consent Calendar by Staff and considered as Business Session No. 2 >>> APPROVE REQUEST TO AMEND THE LAW

ENFORCEMENT SERVICE AGREEMENT WITH RIVERSIDE COUNTY
SHERIFF’S DEPARTMENT TO CONVERT TWO TRAFFIC CAR POSITIONS

TO TRAFFIC MOTOR POSITIONS
105

BUSINESS SESSION
PAGE

1. APPROPRIATE HIGHWAY BRIDGE PROGRAM ADVANCED
CONSTRUCTION FUNDING IN THE AMOUNT OF $14,936,122; APPROVE

AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL

TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES; APPROVE PLANS, SPECIFICATIONS AND ENGINEER’S

ESTIMATE, AND AUTHORIZE FOR BID THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05, LOCATED ON DUNE PALMS ROAD OVER THE

COACHELLA VALLEY STORM WATER CHANNEL
123

2. Pulled from Consent Calendar by Staff and considered as Business Session No. 2 >>> APPROVE REQUEST TO AMEND THE LAW

ENFORCEMENT SERVICE AGREEMENT WITH RIVERSIDE COUNTY
SHERIFF’S DEPARTMENT TO CONVERT TWO TRAFFIC CAR POSITIONS

TO TRAFFIC MOTOR POSITIONS
105

STUDY SESSION - None
PUBLIC HEARINGS – after 5:00 p.m.

For all Public Hearings on the agenda, a person may provide public comments in support or opposition of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing.

A person may submit written comments either in-person or via email at [email protected]; or provide verbal comments during the public hearing either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit it to the City Clerk prior to consideration of the item.

PAGE

1. ADOPT RESOLUTIONS TO ADOPT A NEGATIVE DECLARATION (EA 2021- 0010) AND A GENERAL PLAN AMENDMENT (GPA 2020-0001), FOR THE 2022-2029 HOUSING ELEMENT UPDATE AND UPDATES TO 2035
251
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CITY COUNCIL AGENDA Page 6 of 8 FEBRUARY 15, 2022

GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS (SAFETY
ELEMENT); CEQA: A NEGATIVE DECLARATION WAS PREPARED UNDER ENVIRONMENTAL ASSESSMENT 2021-0010; LOCATION: CITY-WIDE [RESOLUTION NOS. 2022-003 AND 2022-004]

2. REQUEST TO CONTINUE PUBLIC HEARING TO APPROVE DEVELOPMENT AGREEMENT FOR POLO VILLAS RESIDENCES; CEQA: THE PROJECT IS

CONSISTENT WITH PREVIOUSLY ADOPTED ENVIRONMENTAL
ASSESSMENTS 2005-537 AND 2010-608; LOCATION: WEST OF
MADISON STREET BETWEEN AVENUES 50 AND 52
615

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK – 2021 ANNUAL REPORT – STVR PROGRAM 705

4. COMMUNITY RESOURCES – QUARTERLY REPORT OCTOBER –
DECEMBER 2021
709

5. DESIGN AND DEVELOPMENT – QUARTERLY REPORT OCTOBER –
DECEMBER 2021 AND 2021 ANNUAL REVIEW
717

6. FINANCE

7. PUBLIC WORKS – QUARTERLY REPORT OCTOBER – DECEMBER 2021 723

8. POLICE – QUARTERLY REPORT OCTOBER – DECEMBER 2021 731

9. FIRE – QUARTERLY REPORT OCTOBER – DECEMBER 2021 733
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans)

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick)

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)

12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)

13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)

15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez)
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CITY COUNCIL AGENDA Page 7 of 8 FEBRUARY 15, 2022

16. CVAG PUBLIC SAFETY COMMITTEE (Peña)

17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)

18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña)

19. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña)

20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)

21. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD HOC COMMITTEE (Peña and Radi)

22. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Radi)

23. CVAG TRANSPORTATION COMMITTEE (Radi)

24. SUNLINE TRANSIT AGENCY (Radi)

25. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)

26. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez)

27. ANIMAL CAMPUS COMMISSION (Sanchez)

28. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE (Sanchez)

29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on March 1, 2022, at 4:00 p.m. at the City Hall Council Chambers, 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 Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on February 11, 2022.

DATED: February 11, 2022
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
 The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office Click Here to Return to Agenda
CITY COUNCIL AGENDA Page 8 of 8 FEBRUARY 15, 2022

at (760) 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made.
 If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at (760) 777-7123. A one (1) week notice is required.  If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting.  Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours.

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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NO. 598 ON SECOND READING ADDING SECTION 14.16.415 TO THE LA QUINTA MUNICIPAL CODE ESTABLISHING

REGULATIONS FOR THE MAINTENANCE OF ANY PUBLIC RIGHT-OF-WAY

RECOMMENDATION
Adopt Ordinance No. 598 on second reading.

EXECUTIVE SUMMARY
 Periodic updates to the La Quinta Municipal Code (LQMC) are necessary to align the Code with current best practices and update terms.  On February 1, 2022, Council introduced Ordinance No. 598 adding Section 14.16.415 to the LQMC to establish regulations for the maintenance of any public right-of-way.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
Periodic updates to the LQMC are necessary to align with current best practices, consolidate provisions, remove unnecessary detail, provide for flexibility, and update terms.

The City has the authority to regulate public right-of-ways within the City.

In May 2021, Council amended the LQMC and added language which established regulations related to right-of-ways as listed below (Ordinance 592 redline version is included as Attachment 1):
 Section 14.16.040 – unlawful encroachments on public right-of-way is a violation of law subject to remediation, and
CONSENT CALENDAR ITEM NO. 1
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 Section 14.16.110 – liability for damages is likewise assigned by operation of law to the owner of an unauthorized encroachment in a right-of-way.

The amendments above were based on the recommendation from the California Joint Powers Insurance Authority to clarify that (i) unlawful encroachments on a public right-of-way is a violation of law subject to remediation, and (ii) liability for damages is likewise assigned by operation of law to the owner of an unauthorized encroachment in a right-of-way.

To clarify the maintenance requirements generated by the above listed amendments, on February 1, 2022, Council introduced Ordinance No. 598 to add “Section 14.16.415 - Regulations for the maintenance of any public rightof-way” to the LQMC.

ALTERNATIVES
As Council approved this ordinance at first reading, staff does not recommend an alternate.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
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ORDINANCE NO. 598

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, ADDING
SECTION 14.16.415 TO THE LA QUINTA

MUNICIPAL CODE ESTABLISHING

REGULATIONS FOR THE MAINTENANCE OF ANY

PUBLIC RIGHT-OF-WAY
WHEREAS, the City has the authority to regulate public rights-of-way within the City; and
WHEREAS, on May 4, 2021, Council adopted Ordinance No. 592, amending Sections 14.16.040 and 14.16.110 of the La Quinta Municipal Code (LQMC) related to the unauthorized use of a public right-of-way without a valid encroachment permit, and liability for damages assigned to a permittee of an encroachment permit on a right-of-way, respectively, within the City; and
WHEREAS, the LQMC amendments above were based on the
recommendation from the California Joint Powers Insurance Authority (CJPIA), and were intended to clarify that (i) unlawful encroachments on a public right-of-way is a violation of law subject to remediation, and (ii) liability for damages is likewise assigned by operation of law to the owner of an unauthorized encroachment in a right-of-way, as more particularly set forth in this Ordinance; and
WHEREAS, the maintenance requirements generated by the above listed amendments should be clarified and added to the LQMC; and WHEREAS, the proposed Section 14.16.415 would establish regulations for the maintenance of any public right-of-way.

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. Section 14.16.415 shall be added to the LQMC as written in "Exhibit A" attached hereto and incorporated herein by reference.

SECTION 2. Corrective Amendments: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.
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Ordinance No. 598
Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC Adopted: February 15, 2022

Page 2 of 5 ends

SECTION 3. Posting: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta.

SECTION 4. Effective Date: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 15th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
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Ordinance No. 598
Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC Adopted: February 15, 2022

Page 3 of 5 ends

ATTEST:
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Ordinance No. 598
Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC Adopted: February 15, 2022

Page 4 of 5 ends

Section 14.16.415 – Regulations for the maintenance of any public right-of-way.

A. Regulations for the maintenance of rights-of-ways. All landowners, lessors, lessees, and residents of any property bordering, adjoining or contiguous to a public right-of-way shall maintain all surface areas within the right-of-way, including sidewalks and curbs, in a clean, safe and efficient manner. Maintenance shall include, but not be limited to, removal of trash and debris, trimming trees so as not to prevent safe and unobstructed pedestrian and vehicle travel, tree limbs and vegetation trimmed back from the edge of streets, alleys, and sidewalks at least (8) feet above sidewalks and at least (14) feet above streets and alleys, and keeping all grass and weeds trimmed or mowed to a height not to exceed twelve (12) inches.

EXHIBIT A
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Ordinance No. 598
Adding Section 14.16.415 – Regulations for the maintenance of any public right-of-way to the LQMC Adopted: February 15, 2022

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 598 which was introduced at a regular meeting on the 1st day of February, 2022, and was adopted at a regular meeting held on the 15th day of February, 2022, not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on February 16th, 2022, pursuant to Council Resolution.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2020/21 ART IN PUBLIC

PLACES ANNUAL REPORT

RECOMMENDATION
Receive and file the Fiscal Year 2020/21 Art in Public Places Annual Report.

EXECUTIVE SUMMARY
• Per the Municipal Code, the City must expend or commit fees from the Art in Public Places (APP) program within two years of receipt and monies collected must be accounted for in a separate fund.
• An annual review of administrative expenses is required. There were no administrative expenses for 2020/21.
• Attachment 1 presents the required analysis; the City has complied with the time limit for expenditure of fees and there are no findings to report.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
The City’s APP fund is governed by the Municipal Code. Annually, the City must demonstrate that it has complied with the following:
• A determination whether the fees have been committed for use within two years of collection. Fees may be used for:
✓ The cost of public art and its installation;
✓ The cost to purchase or lease art sites;
✓ Waterworks, landscaping, lighting and other objects, which are an integral part of the artwork;
✓ Frames, mats, pedestals and other objects necessary for the proper presentation and installation of the artwork;
✓ Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork;
✓ Maintaining and repairing artwork;
CONSENT CALENDAR ITEM NO. 2
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✓ Administrative expenses to otherwise implement the APP program; ✓ Endowments; and
✓ Art replacement.
• A review of administrative expenses to ensure they were reasonably assessed to implement this program and that they do not exceed five percent of the total funds in the account on July 1 of any year or $25,000 in any fiscal year.

If fees collected are not committed for the aforementioned uses, they are returned to the contributor. Staff analyzed APP fund revenues and expenditures, and no reimbursements are due to contributors. There were no administrative costs. During 2020/21, APP funds were used to paint art murals and maintain and preserve art pieces as detailed in Attachment 1.

During FY 2020/21, the City
installed an art mural called
“Bloom” created by Artist
Nathan Frizzell. The mural
is pictured to the right and
is located on the corner of
Fred Waring Drive and
Adams Street.

Each year this report is also
provided to the Desert Valley
Builders Association (DVBA),
the Building Industry
Association (BIA), and the
Gas Company. On February
4, 2022, the City received a letter of satisfaction from the DVBA (Attachment 2). To date, no other correspondence has been received regarding this report.

ALTERNATIVES
As this report is a requirement of the Municipal Code, staff does not recommend an alternative.

Prepared by: Claudia Martinez, Finance Director
Approved by: Jon McMillen, City Manager
Attachments: 1. Art in Public Places FY 2020/21 Annual Financial Report

2. Desert Valley Builders Association Review
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City of La Quinta
ATTACHMENT 1
Art in Public Places (Fund 270)
FY 2020/21
Beginning Ending
Account Description
Fund Balance
at 7/1/2020 FY 20/21
Fund Balance
at 6/30/2021
Revenues & Other Sources:

Developer fees 84,977
Interest income 956
Transfers In from the General Fund 50,000
Total Sources $ 135,933
Expenditures & Other Uses
Art Purchases 13,500
Maintenance of Public Art 49,845
Project Administration
Transfers Out for Construction Art Project
Total Uses 63,345
Total Available $ 692,026 $ 72,589 $ 764,615
Two Year Test
Using First In First Out Method
Summary of Funds
Beginning
Fund Balance
Revenues
Collected Expenditures Committed Unspent
June 30, 2017 566,985 47,660 64,312 522,000 28,333
June 30, 2018 550,334 43,391 84,699 522,000 (12,974)
June 30, 2019 509,026 119,733 92,512 760,000 (223,753)
June 30, 2020 536,248 197,457 41,679 697,200 (5,174)
June 30, 2021 692,026 135,933 63,345 729,200 35,414
Total Revenue For Last Five Years $ 544,174 $ 346,547
Result : Two Year Spent or Committed Test Met. Future commitments for unspent funds are detailed below.

Art in Public Places Expenses and Future Commitments
Capital Projects and Expenses FY 20/21 Committed % Complete* % funded with fee
Sculpture Restorations and Maintenance 49,641 - 100% 100% Acknowledgement Plaques and Signs 204 - 100% 100%
Bloom art mural, By: Nathan Frizzell 13,500 - 100% 100% 111205 Dune Palms Bridge Improvements - 193,965 13% 1%
151603 La Quinta Village Complete Streets - 88,235 78% 1% 201608 SilverRock Event Space - 315,000 71% 5%
201709 Jefferson/Avenue 53 Roundabout - 5,000 9% 0.24%
FY 2021/22 Budget for Art Purchases and Maintenance - 127,000 0% 55% Total 63,345 729,200
* Percentage completed as of June 30, 2021
The Art in Public Places fund is used to account for fees paid in lieu of acquisition, installation, replacement, maintenance and repair of approved art works at approved sites. The fees are refundable if not expended or committed within two years. 19 Click Here to Return to Agenda
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ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT
SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52

WEST OF MADISON STREET

RECOMMENDATION
Approve the On-Site and Off-Site Replacement Subdivision Improvement Agreements for Tract Map No. 30138 and authorize the City Manager to execute said agreements.

EXECUTIVE SUMMARY
• In 2006, the original developer of this tract, La Quinta Developers, LLC, recorded a final map and executed on-site and off-site Subdivision Improvement Agreements (SIAs). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements.
• La Quinta 47, LLC (New Developer) has recently acquired interest in the property and desires to enter into replacement of on-site and off-site SIAs and bonds for the design and construction of the remaining public and private improvements associated with this tract.
• The replacement SIAs and bonds will ensure construction and acceptance of the remainder of the improvements for this tract.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
Tract Map No. 30138 is a residential development located at the north side of Avenue 52 west of Madison Street (Attachment 1). Some of the on-site improvements have been installed, including a portion of the onsite water and sewer improvements and a portion of the rough grading. No homes have been built in the tract. Remaining off-site improvements include sidewalk, landscaping, and signing and striping.

Staff has reviewed the on-site and off-site improvement plans from the New Developer. The remaining on-site improvements include storm drain, sewer, water, street, walls, dry utilities, landscaping, and setting monumentation. The remaining off-site improvements include installing sidewalk, signing, and striping, landscaping, and setting monumentation. The attached replacement CONSENT CALENDAR ITEM NO. 3
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SIAs (Attachment 2) replace La Quinta Developers, LLC, with La Quinta 47, LLC as obligee for the construction and guarantor of the remaining on-site and offsite improvements.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map

2. Replacement Subdivision Improvement Agreements
(On-Site and Off-Site)

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V I C I N I T Y M A P

NOT TO SCALE
Tract Map No. 30138
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CITY OF LA QUINTA

REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 30138

ON-SITE IMPROVEMENTS
THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ________________________________ day of ___________________________, 2022, by and between La Quinta 47, LLC, a California limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS:

A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-069 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.

B. On or about October 7, 2006, Builder’s predecessor in interest, La Quinta Developers, LLC, a Delaware limited liability company, entered into the original Subdivision Improvement Agreement for the abovereferenced subdivision. SoCal Portfolio I LP, a Delaware limited partnership, later obtained interest in the Tract and entered into a Development Improvement Agreement on or about May 14, 2013 for the above-referenced subdivision. In this Agreement, La Quinta Developers, LLC and SoCal Portfolio I LP are referred to collectively as the “Previous Subdividers”.

C. The Previous Subdividers has constructed certain of the improvements (“Installed Improvements”) required pursuant to the Resolution of Approval, but that those improvements have not yet been accepted by the City.

D. Builder has agreed to install the remaining public and private improvements (the “Remaining Improvements") associated with this tract map.

E. The Remaining Improvements have not been installed and accepted at this time.

F. The Installed Improvement and the Remaining Improvements are referred to collectively hereinafter as “the Improvements.”
G. It is therefore necessary that Builder and City enter into an agreement for the installation of the Remaining Improvements, and any final work needed in order for the Installed Improvements to be accepted. Builder desires to enter into this Agreement, whereby Builder promises to install and complete, at Builder’s own expense, all the remaining public improvement work required by City in connection with the proposed Tract. Builder has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

1. Improvement Plans. Builder shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer.

2. Improvements. Builder shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
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A. One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Builder, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Builder, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Builder shall furnish performance and payment security prior to permit issuance.

Builder shall provide warranty security after Improvements are complete and prior to the City Council acceptance of the Improvements. Warranty security shall not be required for Monumentation, Private Improvements, or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act.

As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured.

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto 28 Click Here to Return to Agenda
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belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Builder's expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.

C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security.

D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to the form of security provided. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00).

2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Builder shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.

E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Builder, or until Builder pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements.

Upon written demand from City, Builder shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Builder fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Builder's Surety for payment of said cash and Builder's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security.

F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement.
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G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement.
2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Builder. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the Improvements. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Builder of Builder's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Builder has made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.

4. Permits Required. Prior to commencing any phase of work, Builder shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits.

5. Off-site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Builder or City, Builder shall use its best efforts purchase such real property at a reasonable price. In the event that Builder is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Builder may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Builder. If City so agrees, City and Builder shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Builder advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Builder. Any additional funds required for acquisition of the real property shall be paid by Builder to City upon the conveyance of said real property to Builder. In no event shall the failure of Builder or City to acquire such real property excuse, waive, or otherwise terminate Builder's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.

6. Completion of Improvements; Inspection.

6.1 Construction of Improvements. Builder shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Builder to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and 30 Click Here to Return to Agenda
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when it deems necessary, to declare Builder in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Builder's obligations hereunder.

6.2 Inspection. Builder shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Builder may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Builder shall bear all costs of plan check, inspection and certification.

7. Force Majeure. In the event that Builder is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by such events will be extended by the period of such events.

8. Time Extension. Builder may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement.

As a condition of the time extension, Builder shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements.

9. Survey Monuments. Before final approval of street improvements, Builder shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Builder shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets.

10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Builder shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Builder's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted.

Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Builder has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.

11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 31 Click Here to Return to Agenda
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12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer.

13. Improvement Warranty. Builder hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Builder fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Builder shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.

Should Builder fail to act promptly or in accordance with this requirement, Builder hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Builder and to Subdivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Builder can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Builder shall pay to City the cost of such repairs

14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Builder to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released.

15. City Right to Cure. If Builder fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Builder shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect.

16. Injury to Public Improvements, Public Property or Public Utility Facilities. Builder shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Builder shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the 32 Click Here to Return to Agenda
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design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction.

Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Builder shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Builder shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Builder shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph.

18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control.

19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect.

20. Builder No Agent of City. Neither Builder nor any of Builder’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Builder’s obligations under this Agreement.

21. General Provisions.

A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph.

B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto.

C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement.

D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California.

E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party.

F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder.

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Exhibit A
SECURITY – TRACT MAP NO. 30138

ON-SITE IMPROVEMENTS

Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City.

Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act.

As elements of the work are completed, Builder may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Improvements and shall not reduce total performance security below the amount necessary to complete the Remaining Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.

Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer.

Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council.

Improvement Description Performance Labor & Materials
Storm Drain $ 274,322 -
Sanitary Sewer $ 133,470 -
Potable Water $ 251,800 -
Street Improvements $ 340,669 -
Landscaping $ 163,938 -
Dry Utilities $ 188,000 -
Monumentation $ 23,500 -
Totals $ 1,375,699 -
Standard 10% Contingency $ 137,570 -
Professional Fees, Design 10% $ 137,570 -
Professional Fees, Construction 10% $ 137,570 -
Bond Amount $ 1,788,409

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CITY OF LA QUINTA

REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 30138

OFF-SITE IMPROVEMENTS
THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _________________________________ day of ___________________________, 2022, by and between La Quinta 47, LLC, a California limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS:

D. Builder has agreed to install the remaining public and private improvements (the “Remaining Improvements") associated with this tract map.

E. The Remaining Improvements have not been installed and accepted at this time.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto 38 Click Here to Return to Agenda
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belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Builder's expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.

C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security for the Improvements in the amount of $17,671. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security.

F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement.
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G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement.
2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Builder. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the Improvements. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Builder of Builder's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Builder has made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.

6. Completion of Improvements; Inspection.

6.1 Construction of Improvements. Builder shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Builder to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and 40 Click Here to Return to Agenda
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when it deems necessary, to declare Builder in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Builder's obligations hereunder.

17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the 42 Click Here to Return to Agenda
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design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction.

21. General Provisions.

B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto.

C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement.

D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California.

G. Time is of the essence in the performance of each and every provision of this Agreement. 43 Click Here to Return to Agenda
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Exhibit A
SECURITY – TRACT MAP NO. 30138

OFF-SITE IMPROVEMENTS

Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act.

Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer.

Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council.

Improvement Description Performance Labor & Materials
Street Improvements / Signing & Striping $ 11,030 $ 11,030 Landscaping $ 50,910 $ 50,910
Sidewalk $ 20,160 $ 20,160
Monumentation $ 1,300 $ 1,300
Totals $ 83,400 $ 83,400
Standard 10% Contingency $ 8,340 $ 8,340
Professional Fees, Design 10% $ 8,340 $ 8,340
Professional Fees, Construction 10% $ 8,340 $ 8,340
Bond Amount $ 108,420 $ 108,420

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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT
SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 31249,

CANTERA, A RESIDENTIAL DEVELOPMENT LOCATED ON THE SOUTH SIDE OF AVENUE 58 WEST OF MADISON STREET

RECOMMENDATION
Approve the On-Site and Off-Site Replacement Subdivision Improvement Agreements for Tract Map No. 31249 and authorize the City Manager to execute said agreements.

EXECUTIVE SUMMARY
• In 2006, the original developer of this tract, Adobe Holdings, Inc., recorded a final map and executed on-site and off-site Subdivision Improvement Agreements (SIAs). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements.
• Beazer Homes Holdings, LLC (New Developer) has recently acquired interest in the property and desires to enter into replacement of on-site and off-site SIAs and bonds for the design and construction of the remaining public and private improvements associated with this tract. • The replacement SIAs and bonds will ensure construction and acceptance of the remainder of the improvements for this tract.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
Tract Map No. 31249 is a residential development located at the south side of Avenue 58 west of Madison Street (Attachment 1). Some of the on-site improvements have been installed, including storm drain, water, sewer, curb and gutter and rough grading. No homes have been built in the tract. No offsite improvements were constructed.

Staff has reviewed the on-site and off-site improvement plans from the New Developer. The remaining on-site improvements include sewer, water, street, walls, dry utilities, landscaping, and setting monumentation. The remaining offsite improvements include installing storm drain, street, power pole relocations, multi-use trail, signing and striping, landscaping, and setting monumentation.

The attached replacement SIAs (Attachment 2) replace Adobe Holdings, Inc., CONSENT CALENDAR ITEM NO. 4
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with Beazer Homes Holdings, LLC as obligee for the construction and guarantor of the remaining on-site and off-site improvements.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map

2. Replacement Subdivision Improvement Agreements
(On-Site and Off-Site)

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TM 31249 CANTERA

V I C I N I T Y M A P

NOT TO SCALE
ATTACHMENT 149 Click Here to Return to Agenda
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CITY OF LA QUINTA

REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 31249

ON-SITE IMPROVEMENTS
THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _______________________________ day of ___________________________, 2022, by and between Beazer Homes Holdings, LLC a Delaware limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:

A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-019 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.

B. On or about October 11, 2006, Builder’s predecessor in interest, Adobe Holdings, Inc., a California Corporation (“Original Subdivider”), entered into the original Subdivision Improvement Agreement for the above-referenced subdivision.

C. The Original Subdivider has constructed certain of the improvements (“Installed Improvements”) required pursuant to the Resolution of Approval, but that those improvements have not yet been accepted by the City.

D. Builder has agreed to install the remaining public and private improvements (the “Remaining Improvements") associated with this tract map.

E. The Remaining Improvements have not been installed and accepted at this time.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

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A. One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Builder, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Builder, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Builder shall furnish performance and payment security prior to permit issuance.

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Builder's expense through an appraisal approved by City.
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6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.

G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement.
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2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Builder. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the Improvements. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Builder of Builder's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Builder has made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.

6. Completion of Improvements; Inspection.

6.1 Construction of Improvements. Builder shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Builder to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Builder in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Builder's obligations hereunder. 54 Click Here to Return to Agenda
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17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or 56 Click Here to Return to Agenda
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correcting any plans or specifications or in approving, reviewing or inspecting any work or construction.

21. General Provisions.

B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto.

C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement.

D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California.

G. Time is of the essence in the performance of each and every provision of this Agreement.

H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement.

I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.

All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 57 Click Here to Return to Agenda
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
________________________________ ___________________
Jon McMillen, City Manager Date
ATTEST:
________________________________ ____________________
Monika Radeva, City Clerk Date
BUILDER: Beazer Homes Holdings, LLC
310 Commerce, Suite 150
Irvine, CA 92602
By:___________________________________________ ________________________________ Date
Title: _______________________________________
By: _______________________________________ _______________________________ Date
Title: _______________________________________
Reviewed and Approved:
__________________________________ ____________________________ Bryan McKinney, PE, City Engineer Date
Approved as to Form:
_____________________________________ ____________________________ William H. Ihrke, City Attorney Date
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Exhibit A
SECURITY – TRACT MAP NO. 31249

ON-SITE IMPROVEMENTS

Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act.

Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer.

Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council.

Improvement Description Performance Labor & Materials
Storm Drain $ - -
Sanitary Sewer $ 20,984 -
Potable Water $ 33,150 -
Street Improvements $ 416,110 -
Landscaping $ 854,200 -
Dry Utilities $ 839,153 -
Monumentation $ 23,000 -
Totals $ 2,186,597 -
Standard 10% Contingency $ 218,660 -
Professional Fees, Design 10% $ 218,660 -
Professional Fees, Construction 10% $ 218,660 -
Bond Amount $ 2,842,577

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CITY OF LA QUINTA

REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 31249

OFF-SITE IMPROVEMENTS
THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _______________________________ day of ___________________________, 2022, by and between Beazer Homes Holdings, LLC, a Delaware limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:

D. Builder has agreed to install the remaining public and private improvements (the “Remaining Improvements") associated with this tract map.

E. The Remaining Improvements have not been installed and accepted at this time.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

3. Improvement Security. Builder shall at all times guarantee Builder’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:
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A. One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Builder, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Builder, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Builder shall furnish performance and payment security prior to permit issuance.

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Builder's expense through an appraisal approved by City.
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6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.

G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement.
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2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Builder. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the Improvements. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Builder of Builder's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Builder has made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.

6. Completion of Improvements; Inspection.

6.1 Construction of Improvements. Builder shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Builder to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Builder in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Builder's obligations hereunder. 63 Click Here to Return to Agenda
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17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or 65 Click Here to Return to Agenda
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correcting any plans or specifications or in approving, reviewing or inspecting any work or construction.

21. General Provisions.

B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto.

C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement.

D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California.

G. Time is of the essence in the performance of each and every provision of this Agreement.

H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement.

I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.

All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 66 Click Here to Return to Agenda
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
________________________________ ___________________
Jon McMillen, City Manager Date
ATTEST:
________________________________ ____________________
Monika Radeva, City Clerk Date
BUILDER: Beazer Homes Holdings, LLC,
310 Commerce, Suite 150
Irvine, CA 92602
By:___________________________________________ ________________________________ Date
Title: _______________________________________
By: _______________________________________ _______________________________ Date
Title: _______________________________________
Reviewed and Approved:
__________________________________ ____________________________ Bryan McKinney, PE, City Engineer Date
Approved as to Form:
_____________________________________ ____________________________ William H. Ihrke, City Attorney Date
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Exhibit A
SECURITY – TRACT MAP NO. 31249

OFF-SITE IMPROVEMENTS

Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act.

Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer.

Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council.

Improvement Description Performance Labor & Materials
Storm Drain $ 11,800 $ 11,800
Street Improvements $ 243,772 $ 243,772
Power Poles Relocation $ 380,000 $ 380,000
Multi-Use Trail $ 19,492 $ 19,492
Landscaping $ 46,599 $ 46,599
Monumentation $ 2,000 $ 2,000
Totals $ 703,663 $ 703,663
Standard 10% Contingency $ 70,366 $ 70,366
Professional Fees, Design 10% $ 70,366 $ 70,366
Professional Fees, Construction 10% $ 70,366 $ 70,366
Bond Amount $ 914,761 $ 914,761

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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MANAGEMENT ASSISTANT TO ATTEND CITY CLERKS’ ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 200 IN RIVERSIDE, CALIFORNIA, MARCH 15-18, 2022

RECOMMENDATION
Authorize overnight travel for the Management Assistant to attend the City Clerks Association of California Technical Training for Clerks Series 200 in Riverside, California, March 15-18, 2022.

EXECUTIVE SUMMARY
 The Management Assistant seeks additional knowledge of the Clerk profession and the laws and ethics that govern it.
 Technical Training for Clerks (TTC), Series 200, is a four-day intensive program designed to focus on technical skills, enhancing professional interpersonal abilities, and networking opportunities with other professionals.

FISCAL IMPACT
Estimated expenses are $2,205, which includes registration, travel, lodging, and meals. The funds are available in the FY 2021/22 Travel and Training budget (101- 1005-60320).

BACKGROUND/ANALYSIS
The City Clerks Association of California (CCAC) was founded in 1977 with the objective of promoting the municipal clerk profession through education, support, and communication. It provides mentoring programs, professional development, leadership and management training opportunities, and promotes effective legislation, and uniform and improved standards to effectively administer Clerk duties.

This training is the second of four required courses in obtaining the Certified Municipal Clerk certification and will offer Staff a wide range of technical clerk knowledge in key areas such as election law and procedures, local government finance, event logistics, protocol and roles, team/group decision making, communication skills, organizational values, and ethics.

ALTERNATIVES
Council may elect not to authorize this request.

Prepared by: Laurie McGinley, Management Assistant
Approved by: Monika Radeva, City Clerk
CONSENT CALENDAR ITEM NO. 5
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CONSENT CALENDAR ITEM NO. 6
City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FINANCIAL SERVICES ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL TREASURERS’

ASSOCIATION ANNUAL CONFERENCE IN NEWPORT BEACH, CALIFORNIA, MAY 4-5, 2022

RECOMMENDATION
Authorize overnight travel for Financial Services Analyst to attend the California Municipal Treasurers Association annual conference in Newport Beach, California, May 4-5, 2022.

EXECUTIVE SUMMARY
• The California Municipal Treasurers Association (CMTA) mission is to lead in promoting and enhancing the fiduciary responsibility and integrity of individuals responsible for public funds.
• The annual conference features breakout sessions covering the economy and financial markets, debt, investing, and treasury topics. • The education credits earned during the conference are required for the Financial Services Analyst to maintain the Certified California Municipal Treasurer designation.

FISCAL IMPACT
Estimated expenses are $775, which includes travel, lodging, and meals.

Funds are budgeted in Finance - Travel and Training (101-1006-60320).

BACKGROUND/ANALYSIS
CMTA is a statewide organization serving all California municipal treasurers.

The organization promotes financial management, fiduciary responsibility, and education of its members to ensure public funds are invested in a prudent manner. The conference agenda includes sessions on pension obligation bonds, the economy, the federal infrastructure bill, debt issuance, callable investments, credit risk, Government Accounting Standards Board updates, environmental and social governance investing, and best practices. 71 Click Here to Return to Agenda
The Financial Services Analyst earned the Certified California Municipal Treasurer designation in 2020 and is required to earn 20 continuing professional education (CPE) credit hours per year to maintain certification.

This ensures knowledge in the most up to date regulations and practices surrounding treasury functions.

ALTERNATIVES
Council may elect not to authorize this request.

Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Claudia Martinez, Finance Director
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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY

MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)

RECOMMENDATION
Affirm Resolution No. 2021-035 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue to implement teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165).

EXECUTIVE SUMMARY
 Pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361), which waived certain provisions of the Ralph M. Brown Act (Brown Act) and authorized local agencies to hold public meetings via teleconferencing whenever a state of emergency exists that makes it unsafe to meet in person, Council must reconsider the circumstances of the state of emergency every 30 days and affirm the required findings in order to continue to allow teleconference accessibility for public meetings.  On September 28, 2021, Council adopted Resolution No. 2021-035 (Attachment 1) making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
AB 361 was signed into law by the Governor on September 16, 2021, which went into effect immediately as urgency legislation (codified under Government Code § 54953) and waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. Specifically, the CONSENT CALENDAR ITEM NO. 7
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bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person.

In addition, AB 361 added specific procedures and clarified the requirements for conducting remote meetings, including the opportunity for the public to provide public comment in real time; the legislative body shall take no actions during disruptions; and the legislative body, by majority vote, shall determine that meeting in person would present imminent risk to the health or safety of attendees and shall affirm these findings every 30 days, in order to continue to allow teleconference accessibility for conducting public meetings [Government Code § 54953(e)(3)]. AB 361 will sunset on January 1, 2024.

The City has implemented procedures for conducting public meetings to ensure full compliance with AB 361. In addition to the ability to attend public meetings in-person, teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform) is listed on the published agenda for each meeting as well as on the City’s website. The City monitors attendance via teleconference as well as email correspondence (as published on the agenda) throughout each public meeting and provides access for public comment opportunities in real time both verbally and in writing.

On September 28, 2021, Council adopted Resolution No. 2021-035 making the initially required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19.

As noted above, Council must reconsider the state of emergency due to COVID-19 every 30 days and affirm the findings under Resolution No. 2021- 035 in order to continue to allow teleconference accessibility for conducting public meetings.
 September 28, 2021 – Resolution No. 2021-035 adopted
 October 19, 2021 – findings affirmed
 November 16, 2021 – findings affirmed
 December 7, 2021 – findings affirmed
 December 21, 2021 – findings affirmed
 January 18, 2022 – findings affirmed
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: 1. Council Resolution No. 2021-035
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RESOLUTION NO. 2021 - 035

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO

IMPLEMENT TELECONFERENCE ACCESSIBILITY

FOR CONDUCTING PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 361 (STATS.
2021, CH. 165)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and
WHEREAS, on March 17, 2020, the City Council adopted Emergency Resolution No. EM 2020-001, proclaiming a local emergency as defined in La Quinta Municipal Code Section 2.20.020, due to the threat of the existence and spread of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:

ATTACHMENT 1 75 Click Here to Return to Agenda
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021

Page 2 of 4 ends

 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;
 The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored;
 Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;
 Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and
WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(BG); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.
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Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021

Page 3 of 4 ends

SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person.

SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing.

SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6. Effective Date: This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 28th day of September, 2021, by the following vote:

AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JANUARY 28 AND FEBRUARY 4, 2022

RECOMMENDATION
Approve demand registers dated January 28 and February 4, 2022.

EXECUTIVE SUMMARY – None

FISCAL IMPACT
Demand of Cash:

City $ 2,148,794.60
Successor Agency of RDA
Housing Authority $ 12,361.75
$ 2,161,156.35

BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for January 28 and February 4, 2022.

Warrants Issued:

EFT # 118 $ 24.49
206915-206970 $ 297,155.53
206971-207021 $ 1,300,358.00
Voids $ (613.37)
Wire Transfers $ 306,823.80
Payroll Tax Transfers $ 53,355.90
Payroll Direct Deposit $ 204,052.00
$ 2,161,156.35
Six checks in the amount listed above were voided and reissued due to nonreceipt or stale dated.

CONSENT CALENDAR ITEM NO. 8
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The most significant expenditures on the demand registers are:

Vendor Account Name Amount Purpose
Riverside County Sheriff
Department
Police Service $ 1,117,568.00 Nov Police Service
Vintage Associates Landscape Contract &
Maintenance/Services
$ 69,983.00 Jan Park Landscape
Maintenance
PWLC, Inc.(1) Landscape Contract &
Maintenance/Services
$ 69,625.38 Jan City Landscape
Maintenance
Imperial Irrigation District Various $ 51,438.88 Electricity Service Coachella Valley Water
District
Various $ 25,087.29 Water Service
(1)Payments were made on 01/28/22 & 02/04/22.

Wire Transfers: Eleven transfers totaled $306,824. Of this amount, $187,333 was to Landmark, and $64,214 was to J&H Asset Property Management, Inc. (See Attachment 2 for a complete listing).

Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report.

Prepared by: Jesse Batres, Account Technician
Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers

2. Wire Transfers
Transaction Issuer Type Par Value
Settle
Date
Coupon
Rate
Purchase Federal Home Loan Bank Agency $ 1,000,000 1/27/22 1.500% Purchase Federal National Mortgage Assoc. Agency $ 500,000 1/28/22 0.625% Maturity Third Federal Savings and Loan CD $ 245,000 1/31/22 2.500% Maturity Discover Bank CD $ 240,000 2/1/22 2.250%
Purchase True Sky Credit Union CD $ 245,000 2/4/22 1.600% 80 Click Here to Return to Agenda
2/7/2022 1:15:03 PM Page 1 of 5
City of La Quinta Packet: APPKT03029 - 01/28/22 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
WILLDAN 206968 12/27/21 - PW ONCALL MAP CHECKING S… Map/Plan Checking 101-7002-60183 1,365.00 PALMS TO PINES PRINTING 206944 01/18/22 - CLQ HAND SANITIZER PROMO … Marketing & Tourism Promoti… 101-3007-60461 592.83 SOUTHWEST AQUATICS INC 206956 01/2022 - LAKE MAINTENANCE SERVICES Civic Center Lake Maintenance 101-3005-60117 1,350.00 SOUTHWEST AQUATICS INC 206956 01/2022 - LAKE MAINTENANCE SERVICES SilverRock Lake Maintenance 101-3005-60189 1,350.00 RADEVA, MONIKA 118 01/17-01/21/22 - TRAVEL EXPENSE REIM… Travel & Training 101-1005-60320 24.49 DOOR TECH, LLC 206922 01/06/22 - CH DOOR REPAIR Maintenance/Services 101-3008-60691 560.00 ALTEC 206915 11/09/21 - 2021 W2 FORMS Printing 101-1006-60410 93.66 ALTEC 206915 11/09/21 - 2021 1099 FORMS Printing 101-1006-60410 195.83 ALTEC 206915 12/03/21 - 2021 ACA FORMS PAYROLL Printing 101-1006-60410 294.72 MAGICAL HOLIDAY DESIGNS 206936 12/14/21 - TREE SETUP AND REMOVAL Community Experiences 101-3003-60149 1,546.53 SPARKLETTS 206957 12/09/21 & 01/12/22 - DRINKING WATER Operating Supplies 101-7003-60420 124.57 TPX COMMUNICATIONS 206963 12/23/21-01/22/22 - EOC PHONE LINE SVC Telephone - Utilities 101-2002-61300 1,696.20 SPARKLETTS 206957 12/29/21 & 01/12/22 - CITY WIDE DRINKI… Citywide Supplies 101-1007-60403 115.35 JOE A GONSALVES & SON 206932 02/2022 - LOBBYIST SERVICES Contract Services - Administrat… 101-1002-60101 3,500.00 WILSON, DIEDRA 206970 01/18/22 - WELLNESS CENTER CLASS REF… Wellness Center Leisure Enric… 101-0000-42214 30.00 RYAN, DEBRA 206952 01/18/22 - WELLNESS CENTER ACTIVITY C… Wellness Center Leisure Enric… 101-0000-42214 130.00 SHIRY, TERESA 206953 01/21/22 - LINE DANCING DI CLASSES Instructors 101-3002-60107 29.40 SHIRY, TERESA 206953 01/21/22 - LINE DANCING CLASS Instructors 101-3002-60107 140.00 WILLIAMS, BILLEE 206969 01/21/22 - PILATES CLASS Instructors 101-3002-60107 56.00 RUDY, LORI A 206951 01/21/22 - ESSENTIAL FITNESS CLASS Instructors 101-3002-60107 280.00 RUDY, LORI A 206951 01/21/22 - ESSENTIAL FITNESS DI CLASSES Instructors 101-3002-60107 58.80 JOHNSON, KAREN T. PAYNE 206933 01/21/22 - SCULPT FIT CORE CLASSES Instructors 101-3002-60107 90.00 CORTEZ, ELISABETH 206920 01/21/22 - YOGA INDOORS CLASS Instructors 101-3002-60107 21.00 CORTEZ, ELISABETH 206920 01/21/2022 - YOGA DI CLASS Instructors 101-3002-60107 33.60 VIELHARBER, KAREN 206965 01/21/22 - GENTLE YOGA CLASS Instructors 101-3002-60107 196.00 VIELHARBER, KAREN 206965 01/21/22 - CHAIR YOGA CLASS Instructors 101-3002-60107 98.00 VIELHARBER, KAREN 206965 01/21/22 - CHAIR YOGA CLASS Instructors 101-3002-60107 33.60 VIELHARBER, KAREN 206965 01/21/22 - GENTLE YOGA CLASS Instructors 101-3002-60107 98.00 NOVAK, JAN 206940 01/21/22 - PICKLEBALL 101 BEGINNER CL… Instructors 101-3002-60107 336.00 WILLIAMS, BILLEE 206969 01/24/22 - PILATES DI CLASSES Instructors 101-3002-60107 31.50 OFFICE DEPOT 206942 08/24/21 - DUCK TAPE Office Supplies 101-6004-60400 21.85 NI GOVERNMENT SERVICES INC 206939 09/2021 - SATELLITE PHONES Mobile/Cell Phones/Satellites 101-2002-61304 77.37 OFFICE DEPOT 206942 12/28/21 - CALENDAR RETURN Office Supplies 101-1006-60400 -11.55 OFFICE DEPOT 206942 01/06/22 - OFFICE SUPPLIES Office Supplies 101-1005-60400 63.59 ANSAFONE CONTACT CENTERS 206916 12/20/21-01/16/22 - PM 10 ANSWERING … PM 10 - Dust Control 101-7006-60146 147.74 VINTAGE ASSOCIATES 206966 01/2022 - MONTHLY MAINTENANCE Landscape Contract 101-3005-60112 48,536.32 VINTAGE ASSOCIATES 206966 01/04-01/07/22 - PLANT REMOVAL IN MO… Maintenance/Services 101-3005-60691 4,490.00 VINTAGE ASSOCIATES 206966 01/10-01/14/22 - PLANT REMOVAL IN MO… Maintenance/Services 101-3005-60691 4,800.00 VINTAGE ASSOCIATES 206966 01/24/22 - PLANT REMOVAL IN MOCTEZ… Materials/Supplies 101-3005-60431 585.00 SMITH PIPE & SUPPLY CO 206955 01/04/22 - IRRIGATION PARTS Materials/Supplies 101-3005-60431 596.81 SMITH PIPE & SUPPLY CO 206955 01/04/22 - PVC PARTS Materials/Supplies 101-3005-60431 83.93 SMITH PIPE & SUPPLY CO 206955 01/06/22 - IRRIGATION PARTS Materials/Supplies 101-3005-60431 3,625.96 SMITH PIPE & SUPPLY CO 206955 01/10/22 - IRRIGATION PARTS Materials/Supplies 101-3005-60431 528.62 MISSION LINEN SUPPLY 206938 08/25/21 - UNIFORMS Uniforms 101-3005-60690 294.79 MISSION LINEN SUPPLY 206938 09/09/21 - UNIFORMS Uniforms 101-6003-60690 85.90 RASA/ERIC NELSON 206948 01/22/22 - PMER 2021-0007 ONCAL MAP … Map/Plan Checking 101-7002-60183 315.00 RASA/ERIC NELSON 206948 01/22/22 - LAD 2021-0002 ONCALL MAP … Map/Plan Checking 101-7002-60183 290.00 RASA/ERIC NELSON 206948 01/22/22 - PMER 2021-0005 ONCALL MAP… Map/Plan Checking 101-7002-60183 475.00 ROBERT HALF 206949 01/14/22 - TEMP AGENCY SVCS T.SUDAKO… Temporary Agency Services 101-1005-60125 211.77 ROBERT HALF 206949 01/14/22 - TEMP AGENCY SVCS J.AGGREH Temporary Agency Services 101-6004-60125 1,351.60 MERCHANTS BUILDING MAINT… 206937 12/2021 - JANITORIAL SERVICES Janitorial 101-3008-60115 12,742.87 ROTO ROOTER PLUMBERS INC 206950 01/20/22 - WC RESTROOM REPAIRS Maintenance/Services 101-3008-60691 517.00 HIGH TECH IRRIGATION INC 206928 01/12/22 - TRANSFORMER Materials/Supplies 101-3005-60431 64.72 ATTACHMENT 1
Demand Register
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Demand Register Packet: APPKT03029 - 01/28/22 JB
2/7/2022 1:15:03 PM Page 2 of 5
Vendor Name Payment Number Description (Item) Account Name Account Number Amount HIGH TECH IRRIGATION INC 206928 01/12/22 - PVC PIPES & PVC PARTS Materials/Supplies 101-3005-60431 340.82 INTERWEST CONSULTING GR… 206931 11/2021 - ONCALL PLAN REVIEW Plan Checks 101-6003-60118 8,158.24 MACIAS NURSERY, INC. 206935 01/15/22 - PLANTS Materials/Supplies 101-3005-60431 1,011.77 MACIAS NURSERY, INC. 206935 01/15/22 - PLANTS Materials/Supplies 101-3005-60431 3,959.81 PWLC II, INC 206947 01/2022 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,304.54 VERIZON WIRELESS 206964 12/14/21-01/13/22 - EOC CELL (7813) Mobile/Cell Phones/Satellites 101-2002-61304 46.53 ALTEC 206915 07/09/21 - 2021 TAX FORM CREDIT Printing 101-1006-60410 -297.71 FRONTIER COMMUNICATIONS… 206925 01/2022 - LQ PARK PHONE Telephone - Utilities 101-3005-61300 47.34 OCEAN SPRINGS TECH INC 206941 10/23/21 & 10/30/21 - FB DECK/FLOOR C… Fritz Burns Pool Maintenance 101-3005-60184 400.00 OCEAN SPRINGS TECH INC 206941 01/2022 - SPLASH PAD MONTHLY SERVICE LQ Park Water Feature 101-3005-60554 787.00 OCEAN SPRINGS TECH INC 206941 11/20/21 & 11/27/21 - FB DECK/FLOOR C… Fritz Burns Pool Maintenance 101-3005-60184 400.00 OCEAN SPRINGS TECH INC 206941 12/04/21 & 12/11/21 - FB DECK/FLOOR C… Fritz Burns Pool Maintenance 101-3005-60184 400.00 THE BEER HUNTER 206960 01/11/22 - OVERPAYMENT BUS LIC REFU… Over Payments, AR Policy 101-0000-20330 84.00 SWRCB 206958 7/1/22-9/30/22-PHASE 1 MS4 ANN PERMI… Prepaid Expense 101-0000-13600 4,416.50 SWRCB 206958 10/01/21-6/30/22 - PHASE 1 MS4 ANNUAL… Professional Services 101-7002-60103 13,249.50 TERRA NOVA PLANNING & RE… 206959 09/01-12/31/21 - TRAVERTINE PROJECT P… Developer Deposits 101-0000-22810 3,558.75 TERRA NOVA PLANNING & RE… 206959 09/01-12/31/21 - ONCALL PLANNING SVCS Professional Services 101-6002-60103 1,040.49 TERRA NOVA PLANNING & RE… 206959 10/01-12/31/21 - THE WAVE PROJECT PL… Developer Deposits 101-0000-22810 12,005.40 Fund 101 - GENERAL FUND Total: 145,278.35
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC 206962 10/12/21 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 1,120.67 TOPS' N BARRICADES INC 206962 10/22/21 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 76.10 TOPS' N BARRICADES INC 206962 11/11/21 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 84.39 TOPS' N BARRICADES INC 206962 11/16/21 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 82.22 TOPS' N BARRICADES INC 206962 12/28/21 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 41.22 Fund 201 - GAS TAX FUND Total: 1,404.60
Fund: 202 - LIBRARY & MUSEUM FUND
VINTAGE ASSOCIATES 206966 01/2022 - MONTHLY MAINTENANCE Landscape Contract 202-3004-60112 812.59 VINTAGE ASSOCIATES 206966 01/2022 - MONTHLY MAINTENANCE Landscape Contract 202-3006-60112 169.58 MERCHANTS BUILDING MAINT… 206937 12/2021 - JANITORIAL SERVICES Janitorial 202-3004-60115 2,710.66 MERCHANTS BUILDING MAINT… 206937 12/2021 - JANITORIAL SERVICES Janitorial 202-3006-60115 727.08 FRONTIER COMMUNICATIONS… 206925 01/13-02/12/22 - MUSEUM PHONE Telephone - Utilities 202-3006-61300 123.09 Fund 202 - LIBRARY & MUSEUM FUND Total: 4,543.00
Fund: 215 - LIGHTING & LANDSCAPING FUND
VINTAGE ASSOCIATES 206966 01/2022 - MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 10,589.51 CREATIVE LIGHTING & ELECTR… 206921 01/2022 - LIGHTING MAINTENANCE SERVI… Consultants 215-7004-60104 5,667.17 HIGH TECH IRRIGATION INC 206928 01/13/22 - IRRIGATION PARTS Materials/Supplies 215-7004-60431 1,085.68 MACIAS NURSERY, INC. 206935 01/15/22 - PLANTS Materials/Supplies 215-7004-60431 1,517.12 PWLC II, INC 206947 01/2022 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 54,741.84 PWLC II, INC 206947 12/27/22 - PLANT REPLACEMENT ON MAD… Maintenance/Services 215-7004-60691 1,704.00 PWLC II, INC 206947 01/07/22 - PLANT REPLACEMENT ON MAD… Maintenance/Services 215-7004-60691 4,016.00 PWLC II, INC 206947 01/13/22 - PLANT & TREE REPLACEMENT … Maintenance/Services 215-7004-60691 3,896.00 PWLC II, INC 206947 01/21/21 - PLANT & TREE REPLACEMENT … Maintenance/Services 215-7004-60691 3,288.00 FRONTIER COMMUNICATIONS… 206925 01/07-02/06/22 - PHONE SVC Electric - Utilities 215-7004-61116 108.62 FRONTIER COMMUNICATIONS… 206925 01/10-02/09/22 - PHONE SVC Electric - Utilities 215-7004-61116 40.72 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 86,654.66 Fund: 235 - SO COAST AIR QUALITY FUND
COACHELLA VALLEY ASSOC OF… 206917 07/01-09/30/21 - MOU AB2766 VEHICLE R… CVAG 235-0000-60186 10,164.56 Fund 235 - SO COAST AIR QUALITY FUND Total: 10,164.56
Fund: 270 - ART IN PUBLIC PLACES FUND
SIGNATURE SCULPTURE 206954 01/14/22 - ART MAINTENANCE APP Maintenance 270-0000-60683 12,237.50 Fund 270 - ART IN PUBLIC PLACES FUND Total: 12,237.50
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
JTB SUPPLY CO., INC. 206934 11/18/21 - REPLACEMENT LED PEDESTRIA… Construction 401-0000-60188 1,870.90 CONVERSE CONSULTANTS 206919 09/25-10/29/21 - 2014-04 ONCALL MATER… Technical 401-0000-60108 1,785.00 CONVERGINT TECHNOLOGIES … 206918 01/04/22 - 2020-03 MAINTENANCE NO 1 Construction 401-0000-60188 8,381.52 CONVERGINT TECHNOLOGIES … 206918 01/01/22 - 2020-03 MAINTENANCE NO 2 Construction 401-0000-60188 1,396.92 VOLZ DESIGN, DAVID 206967 12/15/21 - 2016-03H ONCALL DESIGN SVCS Design 401-0000-60185 2,200.00 82 Click Here to Return to Agenda
Demand Register Packet: APPKT03029 - 01/28/22 JB
2/7/2022 1:15:03 PM Page 3 of 5
Vendor Name Payment Number Description (Item) Account Name Account Number Amount PLANIT REPROGRAPHICS SYST… 206945 12/15/21 - 2020-07 CONSTRUCTION SET Construction 401-0000-60188 600.47 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 16,234.81 Fund: 501 - FACILITY & FLEET REPLACEMENT
HWY COLLISION CENTER 206930 01/14/22 - TRUCK #19 REPAIR Vehicle Repair & Maintenance 501-0000-60676 3,386.51 HWY 111 LA QUINTA CAR WA… 206929 08/2021 - CAR WASH SERVICE Vehicle Repair & Maintenance 501-0000-60676 18.00 HWY 111 LA QUINTA CAR WA… 206929 11/2021 - CAR WASH SERVICE Vehicle Repair & Maintenance 501-0000-60676 27.00 PACIFIC MOBILE STRUCTURES, … 206943 02/2022 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 FUELMAN 206926 12/2021 - FUEL CHARGES Fuel & Oil 501-0000-60674 1,191.83 POWERPLAN BF 206946 01/18/22 - FLEET REPAIR & MAINTENANCE Vehicle Repair & Maintenance 501-0000-60676 2,410.89 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 10,122.74 Fund: 502 - INFORMATION TECHNOLOGY
TIME WARNER CABLE 206961 12/15/21-01/14/22 - WC INTERNET (8105) Cable/Internet - Utilities 502-0000-61400 110.26 TIME WARNER CABLE 206961 01/10-02/09/22 - CH INTERNET (2546) Cable/Internet - Utilities 502-0000-61400 2,084.00 TIME WARNER CABLE 206961 01/12/22-02/11/22 - CH CABLE (4080) Cable/Internet - Utilities 502-0000-61400 164.14 TPX COMMUNICATIONS 206963 12/23/21-01/22/22 - PHONE LINE SVC Telephone - Utilities 502-0000-61300 3,179.79 ECS IMAGING INC 206923 03/06/22-03/05/23 - LARGE SCALE SCANN… City Clerk, Software Enhancem… 502-0000-71047 1,295.00 FISHER INTEGRATED INC 206924 12/2021 - CC VIDEO STREAMING Consultants 502-0000-60104 600.00 FISHER INTEGRATED INC 206924 12/2021 - MONTHLY FEE Consultants 502-0000-60104 800.00 FRONTIER COMMUNICATIONS… 206925 01/03-02/02/22 - 2ND CITY INTERNET LINE Cable/Internet - Utilities 502-0000-61400 1,190.00 FRONTIER COMMUNICATIONS… 206925 01/04-02/03/22 - DSL SVC Cable/Internet - Utilities 502-0000-61400 216.11 Fund 502 - INFORMATION TECHNOLOGY Total: 9,639.30
Fund: 601 - SILVERROCK RESORT
GARDAWORLD 206927 12/2021 -SRR ARMORED SVCS Bank Fees 601-0000-60455 25.50 ROTO ROOTER PLUMBERS INC 206950 01/20/22 - SRR KITCHEN PLUMBING REPA… Repair & Maintenance 601-0000-60660 875.00 Fund 601 - SILVERROCK RESORT Total: 900.50
Grand Total: 297,180.02
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Demand Register Packet: APPKT03029 - 01/28/22 JB
2/7/2022 1:15:03 PM Page 4 of 5
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 145,278.35
201 - GAS TAX FUND 1,404.60
202 - LIBRARY & MUSEUM FUND 4,543.00
215 - LIGHTING & LANDSCAPING FUND 86,654.66
235 - SO COAST AIR QUALITY FUND 10,164.56
270 - ART IN PUBLIC PLACES FUND 12,237.50
401 - CAPITAL IMPROVEMENT PROGRAMS 16,234.81
501 - FACILITY & FLEET REPLACEMENT 10,122.74
502 - INFORMATION TECHNOLOGY 9,639.30
601 - SILVERROCK RESORT 900.50
Grand Total: 297,180.02
Account Summary
Account Number Account Name Expense Amount
101-0000-13600 Prepaid Expense 4,416.50
101-0000-20330 Over Payments, AR Policy 84.00
101-0000-22810 Developer Deposits 15,564.15
101-0000-42214 Wellness Center Leisure E… 160.00
101-1002-60101 Contract Services - Admini… 3,500.00
101-1005-60125 Temporary Agency Servic… 211.77
101-1005-60320 Travel & Training 24.49
101-1005-60400 Office Supplies 63.59
101-1006-60400 Office Supplies -11.55
101-1006-60410 Printing 286.50
101-1007-60403 Citywide Supplies 115.35
101-2002-60112 Landscape Contract 1,304.54
101-2002-61300 Telephone - Utilities 1,696.20
101-2002-61304 Mobile/Cell Phones/Satell… 123.90
101-3002-60107 Instructors 1,501.90
101-3003-60149 Community Experiences 1,546.53
101-3005-60112 Landscape Contract 48,536.32
101-3005-60117 Civic Center Lake Mainten… 1,350.00
101-3005-60184 Fritz Burns Pool Maintena… 1,200.00
101-3005-60189 SilverRock Lake Maintena… 1,350.00
101-3005-60431 Materials/Supplies 10,797.44
101-3005-60554 LQ Park Water Feature 787.00
101-3005-60690 Uniforms 294.79
101-3005-60691 Maintenance/Services 9,290.00
101-3005-61300 Telephone - Utilities 47.34
101-3007-60461 Marketing & Tourism Pro… 592.83
101-3008-60115 Janitorial 12,742.87
101-3008-60691 Maintenance/Services 1,077.00
101-6002-60103 Professional Services 1,040.49
101-6003-60118 Plan Checks 8,158.24
101-6003-60690 Uniforms 85.90
101-6004-60125 Temporary Agency Servic… 1,351.60
101-6004-60400 Office Supplies 21.85
101-7002-60103 Professional Services 13,249.50
101-7002-60183 Map/Plan Checking 2,445.00
101-7003-60420 Operating Supplies 124.57
101-7006-60146 PM 10 - Dust Control 147.74
201-7003-60429 Traffic Control Signs 1,404.60
202-3004-60112 Landscape Contract 812.59
202-3004-60115 Janitorial 2,710.66
202-3006-60112 Landscape Contract 169.58
202-3006-60115 Janitorial 727.08
202-3006-61300 Telephone - Utilities 123.09
215-7004-60104 Consultants 5,667.17
215-7004-60112 Landscape Contract 65,331.35
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Demand Register Packet: APPKT03029 - 01/28/22 JB
2/7/2022 1:15:03 PM Page 5 of 5
Account Summary
Account Number Account Name Expense Amount
215-7004-60431 Materials/Supplies 2,602.80
215-7004-60691 Maintenance/Services 12,904.00
215-7004-61116 Electric - Utilities 149.34
235-0000-60186 CVAG 10,164.56
270-0000-60683 APP Maintenance 12,237.50
401-0000-60108 Technical 1,785.00
401-0000-60185 Design 2,200.00
401-0000-60188 Construction 12,249.81
501-0000-60674 Fuel & Oil 1,191.83
501-0000-60676 Vehicle Repair & Mainte… 5,842.40
501-0000-71032 Building Leases 3,088.51
502-0000-60104 Consultants 1,400.00
502-0000-61300 Telephone - Utilities 3,179.79
502-0000-61400 Cable/Internet - Utilities 3,764.51
502-0000-71047 City Clerk, Software Enha… 1,295.00
601-0000-60455 Bank Fees 25.50
601-0000-60660 Repair & Maintenance 875.00
Grand Total: 297,180.02
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 233,949.73
18-002E TRAVERTINE CORPORATION EXP TRAVERTINE CORPORATION 3,558.75 201603D Design Expense La Quinta Landscape Renovation Improvement 2,200.00 201704T Technical Expense Eisenhower Retention Basin Landscape Improvements 1,785.00 201804E Landscape & Lighting Median Island … Landscape & Lighting Median Island Improvements 12,218.80 202003CT Construction Expense Citywide Public Safety Camera System 9,778.44 202007CT Construction Expense SilverRock Retention Basin Soil Stabilization 600.47 21-003E THE WAVE EXP CM WAVE DEVELOPMENT 12,005.40
2122TMICT Construction Expense FY21/22 Traffic Maintenance Improvements 1,870.90 CSA152E CSA 152 Expenses CSA 152 Project Tracking 17,666.00 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 1,546.53 Grand Total: 297,180.02
85 Click Here to Return to Agenda
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Demand Register
City of La Quinta Packet: APPKT03040 - 02/04/2022 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
TIME WARNER CABLE 207017 01/16-02/15/22 - FS #70 CABLE (1860) Cable/Internet - Utilities 101-2002-61400 41.90 TRIPLETT, ALCADIA 207018 01/20/22 - TUITION REIMBURSEMENT A.T… Training & Education/MOU 101-1004-60322 2,921.57 RIVERSIDE COUNTY DEPUTY S… 207005 03/18/22 - SPONSORSHIP LEVEL FOURSO… LQ Police Volunteers 101-2001-60109 900.00 AMERICANS FOR THE ARTS 206971 01/01-12/31/22 - MEMBERSHIP RENEWAL… Membership Dues 101-3003-60351 200.00 SILVERROCK RESORT 207012 10/01-12/31/21 - 4TH QUARTER SALES A… Sales Taxes Payable 101-0000-20304 1,110.00 CALIFORNIA BUILDING STAND… 206975 10/01-12/31/21 - BSAS SB 1473 FEES BSAS SB 1473 Fees 101-0000-20306 2,098.00 CALIFORNIA BUILDING STAND… 206975 10/01-12/31/21 - BSAS SB 1473 FEES CBSC Administrative Fees 101-0000-42615 -209.80 CALIFORNIA BUILDING STAND… 206975 07/01-09/30/21 - BSAS SB 1473 FEES BSAS SB 1473 Fees 101-0000-20306 2,006.00 CALIFORNIA BUILDING STAND… 206975 07/01-09/30/21 - BSAS SB 1473 FEES CBSC Administrative Fees 101-0000-42615 -200.60 TIME WARNER CABLE 207017 01/16-02/15/22 - FS #32 CABLE (8152) Cable/Internet - Utilities 101-2002-61400 91.38 TIME WARNER CABLE 207017 01/24-02/23/22 - FS #93 CABLE (2415) Cable/Internet - Utilities 101-2002-61400 114.32 ELECT LINDA EVANS LA QUINT… 206983 06/01/21 - 2020 CANDIDATE STATEMENT … Election Deposit 101-0000-22835 240.48 THE LAMAR COMPANIES 207016 01/10-02/06/22 - DIGITAL BILLBOARDS Marketing & Tourism Promoti… 101-3007-60461 2,750.00 PAX FITNESS REPAIR 206999 01/2022 - FITNESS EQUIPMENT MAINTEN… Operating Supplies 101-3002-60420 275.00 HR GREEN PACIFIC INC 206990 12/2021 - ONCALL PLAN CHECK SVCS ENG… Map/Plan Checking 101-7002-60183 1,275.00 LIEDL, MARY 206995 01/18/22 - WELLNESS CENTER CLASS REF… Wellness Center Leisure Enric… 101-0000-42214 30.00 BOYSEN, PAUL 206974 01/18/22 - WELLNESS CENTER CLASS REF… Wellness Center Leisure Enric… 101-0000-42214 40.00 JUMONVILLE, MARGARET 206994 01/18/22 - WELLNESS CENTER CLASS REF… Wellness Center Leisure Enric… 101-0000-42214 40.00 WHITEMAN, KELLY 207020 01/18/22 - WELLNESS CENTER CLASS REF… Wellness Center Leisure Enric… 101-0000-42214 40.00 ANDERSON COMMUNICATION… 206972 01/06/22 - EOC RAIDO REPAIR AND MAIN… Repair & Maintenance - EOC 101-2002-60671 200.00 ARK CONNECTS LLC 206973 01/2022 - CREATIVE RETAINER Marketing & Tourism Promoti… 101-3007-60461 4,100.00 SERNA & ASSOCIATES 207010 12/10/21 - SECURITY LQ MUSEUM WEDDI… Rental Expense 101-3003-60157 550.00 STAPLES ADVANTAGE 207014 10/08/21 - OFFICE SUPPLIES Office Supplies 101-3002-60400 277.79 STAPLES ADVANTAGE 207014 01/12/22 - CITY WIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 19.99 SMITH PIPE & SUPPLY CO 207013 01/18/22 - IRRIGATION PARTS Materials/Supplies 101-3005-60431 1,622.23 DEPARTMENT OF JUSTICE 206981 12/2021 - BLOOD/ALCOHOL ANALYSIS (DO… Blood/Alcohol Testing 101-2001-60174 140.00 RASA/ERIC NELSON 207004 01/26/22 - LAD 2021-0002 ONCALL MAP … Map/Plan Checking 101-7002-60183 290.00 ROBERT HALF 207008 12/03/21 - TEMP AGENCY SVCS G.HU Temporary Agency Services 101-6002-60125 1,332.00 ROBERT HALF 207008 12/10/21 - TEMP AGENCY SVCS G.HU Temporary Agency Services 101-6002-60125 1,332.00 ROBERT HALF 207008 12/17/21 - TEMP AGENCY SVCS G.HU Temporary Agency Services 101-6002-60125 1,332.00 ROBERT HALF 207008 12/24/21 - TEMP AGENCY SVCS G.HU Temporary Agency Services 101-6002-60125 1,065.60 SIGNATURE TINT 207011 01/08/22 - CH WINDOW TINTING Maintenance/Services 101-3008-60691 507.00 MERCHANTS BUILDING MAINT… 206996 01/07/22 - CH COVID CLEANING Janitorial 101-3008-60115 730.00 MERCHANTS BUILDING MAINT… 206996 01/10/22 - CH COVID CLEANING Janitorial 101-3008-60115 290.00 MERCHANTS BUILDING MAINT… 206996 01/07/22 - WC COVID CLEANING Janitorial 101-3008-60115 1,299.20 MERCHANTS BUILDING MAINT… 206996 01/13/22 - CH COVID CLEANING Janitorial 101-3008-60115 730.00 MERCHANTS BUILDING MAINT… 206996 01/13/22 - PW YARD COVID CLEANING Janitorial 101-3008-60115 290.00 HIGH TECH IRRIGATION INC 206988 01/13/22 - IRRIGATION PARTS Materials/Supplies 101-3005-60431 203.72 FEDEX 206984 12/22/21 & 12/28/21 - OVERNIGHT MAIL Postage 101-1007-60470 61.22 FEDEX 206984 12/29/21 - OVERNIGHT MAIL Postage 101-1007-60470 57.32 FIRST CHOICE A/C & HEATING … 206985 07/07/21 - REPLACE A/C RUN CAPACITOR … HVAC 101-3008-60667 273.00 FIRST CHOICE A/C & HEATING … 206985 09/15/21 - REPLACE A/C FAN MOTOR AT F… Maintenance/Services 101-2002-60691 964.00 DEPARTMENT OF ANIMAL SER… 206980 11/2021 - ANIMAL SERVICES Animal Shelter Contract Service 101-6004-60197 18,270.60 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electricity - Utilities 101-2002-61101 2,040.37 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Monticello Park - Utili… 101-3005-61102 13.31 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Civic Center Park - Uti… 101-3005-61103 3,134.07 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Fritz Burns Park - Utili… 101-3005-61105 1,697.38 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Sports Complex - Utili… 101-3005-61106 4,226.50 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Colonel Paige - Utiliti… 101-3005-61108 12.34 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Community Park - Util… 101-3005-61109 9,480.60 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Adams Park - Utilities 101-3005-61110 46.86 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Velasco Park - Utilities 101-3005-61111 13.97 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Eisenhower Park - Util… 101-3005-61113 24.65 86 Click Here to Return to Agenda
Demand Register Packet: APPKT03040 - 02/04/2022 JB
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Desert Pride - Utilities 101-3005-61114 13.31 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electricity - Utilities 101-3008-61101 11,801.50 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water - Civic Center Park - Utili… 101-3005-61202 2,542.75 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 270.88 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water -Community Park - Utilit… 101-3005-61209 1,728.76 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE PM 10 - Dust Control 101-7006-60146 1,114.82 FIRST CHOICE A/C & HEATING … 206985 10/11/21 - A/C DUCTING INSTALL FOR OFF… HVAC 101-3008-60667 540.00 FIRST CHOICE A/C & HEATING … 206985 01/07/22 - FS #70 A/C REPAIRS Maintenance/Services 101-2002-60691 388.00 PACIFIC WEST AIR CONDITION… 206998 01/01/22 - CH WATER TREATMENT HVAC 101-3008-60667 125.00 THE GAS COMPANY 207015 12/22/21-01/24/22 - FS #32 GAS SVC Gas - Utilities 101-2002-61100 155.73 THE GAS COMPANY 207015 12/22/21-01/24/22 - CH GAS SVC Gas - Utilities 101-3008-61100 1,248.28 THE GAS COMPANY 207015 12/22/21-01/24/22 - FB POOL GAS SVC Gas-Utilities FB Pool 101-3005-61100 6,292.27 THE GAS COMPANY 207015 12/22/21-01/24/22 - WC GAS SVC Gas - Utilities 101-3008-61100 646.18 CALIFORNIA PARK & RECREAT… 206976 11/22/21 - MEMBERSHIP RENEWAL C.DO… Membership Dues 101-3002-60351 165.00 INTERNATIONAL INSTITUTE OF 206992 01/04/22 - IIMC ANNUAL MEMBERSHIP R… Membership Dues 101-1005-60351 215.00 DISH NETWORK 206982 01/22-02/21/22 - EOC CABLE Cable/Internet - Utilities 101-2002-61400 94.68 OCEAN SPRINGS TECH INC 206997 11/16/21 - FB POOL HEATER REPAIR Fritz Burns Pool Maintenance 101-3005-60184 142.50 OCEAN SPRINGS TECH INC 206997 01/11/22 - FB POOL MOTOR REPLACEME… Fritz Burns Pool Maintenance 101-3005-60184 4,950.98 OCEAN SPRINGS TECH INC 206997 12/18/21 & 01/08/22 - FB POOL DECK/FL… Fritz Burns Pool Maintenance 101-3005-60184 400.00 OCEAN SPRINGS TECH INC 206997 01/22/22 - FB POOL CAT MAINTENANCE Fritz Burns Pool Maintenance 101-3005-60184 455.72 OCEAN SPRINGS TECH INC 206997 01/26/22 - FB POOL THERMOMETER PUR… Fritz Burns Pool Maintenance 101-3005-60184 201.49 OCEAN SPRINGS TECH INC 206997 1/28/22 - FB POOL CAT CONTROLLER PRO… Fritz Burns Pool Maintenance 101-3005-60184 1,271.40 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water - Utilities 101-2002-61200 87.19 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water -Eisenhower Park - Utilit… 101-3005-61203 212.08 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water -Fritz Burns Park - Utiliti… 101-3005-61204 1,535.71 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water -Velasco Park - Utilities 101-3005-61205 93.83 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water - Utilities 101-3008-61200 876.87 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - SilverRock Event Site -… 101-3005-61115 2,774.23 TUTUS TORTILLA CHIPS 207019 01/11/22 - BUSINESS LICENSE REFUND LIC… Over Payments, AR Policy 101-0000-20330 47.00 HOBBY LOBBY STORES, INC 206989 01/31/22 - BUSINESS LICENSE FEE REFUND… Over Payments, AR Policy 101-0000-20330 47.00 DE WITTE CONSTRUCTION 206979 01/11/22 - BUILDING PERMIT FEES REFUND Over Payments, AR Policy 101-0000-20330 1,200.00 ROADPOST USA INC. 207007 01/23-02/22/22 - EOC SATELLITE PHONES Mobile/Cell Phones/Satellites 101-2002-61304 173.01 INTERWEST CONSULTING GR… 206993 09/2021 - ONCALL BLDG PLAN REVIEW & … Plan Checks 101-6003-60118 6,090.00 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Sheriff Patrol 101-2001-60161 659,848.09 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Police Overtime 101-2001-60162 28,144.64 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Target Team 101-2001-60163 127,281.56 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Community Services Officer 101-2001-60164 59,760.00 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Narcotics Task Force 101-2001-60167 15,294.40 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Motor Officer 101-2001-60169 135,397.77 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Dedicated Sargeants 101-2001-60170 41,721.83 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Dedicated Lieutenant 101-2001-60171 23,384.00 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Sheriff - Mileage 101-2001-60172 26,457.84 RIVERSIDE COUNTY SHERIFF D… 207006 10/21-11/17/21 - BP #5 POLICE SERVICE Special Enforcement Funds 101-2001-60175 277.87 Fund 101 - GENERAL FUND Total: 1,235,860.14
Fund: 201 - GAS TAX FUND
QUINN COMPANY 207003 01/11/22 - BACK HOLE RENTAL Equipment Rental 201-7003-61701 906.18 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electricity - Utilities 201-7003-61101 598.64 Fund 201 - GAS TAX FUND Total: 1,504.82
Fund: 202 - LIBRARY & MUSEUM FUND
CONSOLIDATED ELECTRICAL DI… 206978 01/26/22 - LIGHT BULBS Maintenance/Services 202-3004-60691 517.63 FIRST CHOICE A/C & HEATING … 206985 09/07/21 - REPLACE A/C COMPRESSOR AT… HVAC 202-3006-60667 4,972.00 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electricity - Utilities 202-3004-61101 2,994.67 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electricity - Utilities 202-3006-61101 764.40 PACIFIC WEST AIR CONDITION… 206998 12/31/21 - LIBRARY CHILLER EMERGENCY … HVAC 202-3004-60667 14,783.48 PACIFIC WEST AIR CONDITION… 206998 01/01/22 - LIBRARY WATER TREATMENT HVAC 202-3004-60667 125.00 THE GAS COMPANY 207015 12/22/21-01/24/22 - LIBRARY GAS SVC Gas - Utilities 202-3004-61100 808.22 Fund 202 - LIBRARY & MUSEUM FUND Total: 24,965.40
Fund: 215 - LIGHTING & LANDSCAPING FUND
STAPLES ADVANTAGE 207014 01/19/22 - CLOROX WIPES & SANITIZERS Operating Supplies 215-7004-60420 132.32 87 Click Here to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount PWLC II, INC 207002 01/25/22 - TREE REMOVAL ON AVE 50 Maintenance/Services 215-7004-60691 675.00 COACHELLA VALLEY WATER DI… 206977 02/03/22 - WATER SERVICE Water - Medians - Utilities 215-7004-61211 16,624.40 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 7,755.64 IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 3,344.10 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 28,531.46 Fund: 235 - SO COAST AIR QUALITY FUND
IMPERIAL IRRIGATION DIST 206991 02/03/22 - ELECTRICITY SERVICE Electricity - Utilities 235-0000-61101 702.34 Fund 235 - SO COAST AIR QUALITY FUND Total: 702.34
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
ZUMAR INDUSTRIES INC 207021 01/20/22 - ADAMS FIRE STATION SIGNS Construction 401-0000-60188 603.34 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 603.34
Fund: 501 - FACILITY & FLEET REPLACEMENT
H&G HOME IMPROVEMENTS I… 206987 1/31/22- VINYL FLOORING INSTALL FOR S… City Bldg Repl/Repair 501-0000-71103 4,780.00 PLANIT REPROGRAPHICS SYST… 207000 12/08/21 - VEHICLE DECALS Parts, Accessories, and Upfits 501-0000-60675 404.06 S&D CARWASH MANAGEMENT… 207009 11/2021 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenance 501-0000-60676 819.59 S&D CARWASH MANAGEMENT… 207009 12/2021 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenance 501-0000-60676 819.59 POWERPLAN BF 207001 01/11-01/12/22 - BACK HOLE REPAIR Vehicle Repair & Maintenance 501-0000-60676 612.62 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 7,435.86 Fund: 502 - INFORMATION TECHNOLOGY
TIME WARNER CABLE 207017 01/20-02/19/22 - WC CABLE (1909) Cable/Internet - Utilities 502-0000-61400 8.87 TIME WARNER CABLE 207017 01/24-02/23/22 - WC CABLE (4601) Cable/Internet - Utilities 502-0000-61400 271.79 FRONTIER COMMUNICATIONS… 206986 01/25-02/24/22 - CH INTERNET Cable/Internet - Utilities 502-0000-61400 85.98 Fund 502 - INFORMATION TECHNOLOGY Total: 366.64
Fund: 601 - SILVERROCK RESORT
FIRST CHOICE A/C & HEATING … 206985 08/09/21 - REPAIR A/C SHORT IN SRR BAT… Repair & Maintenance 601-0000-60660 388.00 Fund 601 - SILVERROCK RESORT Total: 388.00
Grand Total: 1,300,358.00
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 1,235,860.14
201 - GAS TAX FUND 1,504.82
202 - LIBRARY & MUSEUM FUND 24,965.40
215 - LIGHTING & LANDSCAPING FUND 28,531.46
235 - SO COAST AIR QUALITY FUND 702.34
401 - CAPITAL IMPROVEMENT PROGRAMS 603.34
501 - FACILITY & FLEET REPLACEMENT 7,435.86
502 - INFORMATION TECHNOLOGY 366.64
601 - SILVERROCK RESORT 388.00
Grand Total: 1,300,358.00
Account Summary
Account Number Account Name Expense Amount
101-0000-20304 Sales Taxes Payable 1,110.00
101-0000-20306 BSAS SB 1473 Fees 4,104.00
101-0000-20330 Over Payments, AR Policy 1,294.00
101-0000-22835 Election Deposit 240.48
101-0000-42214 Wellness Center Leisure E… 150.00
101-0000-42615 CBSC Administrative Fees -410.40
101-1004-60322 Training & Education/MOU 2,921.57
101-1005-60351 Membership Dues 215.00
101-1007-60403 Citywide Supplies 19.99
101-1007-60470 Postage 118.54
101-2001-60109 LQ Police Volunteers 900.00
101-2001-60161 Sheriff Patrol 659,848.09
101-2001-60162 Police Overtime 28,144.64
101-2001-60163 Target Team 127,281.56
101-2001-60164 Community Services Offic… 59,760.00
101-2001-60167 Narcotics Task Force 15,294.40
101-2001-60169 Motor Officer 135,397.77
101-2001-60170 Dedicated Sargeants 41,721.83
101-2001-60171 Dedicated Lieutenant 23,384.00
101-2001-60172 Sheriff - Mileage 26,457.84
101-2001-60174 Blood/Alcohol Testing 140.00
101-2001-60175 Special Enforcement Funds 277.87
101-2002-60671 Repair & Maintenance - E… 200.00
101-2002-60691 Maintenance/Services 1,352.00
101-2002-61100 Gas - Utilities 155.73
101-2002-61101 Electricity - Utilities 2,040.37
101-2002-61200 Water - Utilities 87.19
101-2002-61304 Mobile/Cell Phones/Satell… 173.01
101-2002-61400 Cable/Internet - Utilities 342.28
101-3002-60351 Membership Dues 165.00
101-3002-60400 Office Supplies 277.79
101-3002-60420 Operating Supplies 275.00
101-3003-60157 Rental Expense 550.00
101-3003-60351 Membership Dues 200.00
101-3005-60184 Fritz Burns Pool Maintena… 7,422.09
101-3005-60431 Materials/Supplies 1,825.95
101-3005-61100 Gas-Utilities FB Pool 6,292.27
101-3005-61102 Electric - Monticello Park -… 13.31
101-3005-61103 Electric - Civic Center Park… 3,134.07
101-3005-61105 Electric - Fritz Burns Park -… 1,697.38
101-3005-61106 Electric - Sports Complex -… 4,226.50
101-3005-61108 Electric - Colonel Paige - U… 12.34
101-3005-61109 Electric - Community Park … 9,480.60
101-3005-61110 Electric - Adams Park - Util… 46.86
101-3005-61111 Electric - Velasco Park - Uti… 13.97
101-3005-61113 Electric - Eisenhower Park … 24.65
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Account Summary
Account Number Account Name Expense Amount
101-3005-61114 Electric - Desert Pride - Uti… 13.31
101-3005-61115 Electric - SilverRock Event… 2,774.23
101-3005-61202 Water - Civic Center Park -… 2,542.75
101-3005-61203 Water -Eisenhower Park -… 212.08
101-3005-61204 Water -Fritz Burns Park - … 1,535.71
101-3005-61205 Water -Velasco Park - Utili… 93.83
101-3005-61207 Water -Pioneer Park - Utili… 270.88
101-3005-61209 Water -Community Park -… 1,728.76
101-3007-60461 Marketing & Tourism Pro… 6,850.00
101-3008-60115 Janitorial 3,339.20
101-3008-60667 HVAC 938.00
101-3008-60691 Maintenance/Services 507.00
101-3008-61100 Gas - Utilities 1,894.46
101-3008-61101 Electricity - Utilities 11,801.50
101-3008-61200 Water - Utilities 876.87
101-6002-60125 Temporary Agency Servic… 5,061.60
101-6003-60118 Plan Checks 6,090.00
101-6004-60197 Animal Shelter Contract S… 18,270.60
101-7002-60183 Map/Plan Checking 1,565.00
101-7006-60146 PM 10 - Dust Control 1,114.82
201-7003-61101 Electricity - Utilities 598.64
201-7003-61701 Equipment Rental 906.18
202-3004-60667 HVAC 14,908.48
202-3004-60691 Maintenance/Services 517.63
202-3004-61100 Gas - Utilities 808.22
202-3004-61101 Electricity - Utilities 2,994.67
202-3006-60667 HVAC 4,972.00
202-3006-61101 Electricity - Utilities 764.40
215-7004-60420 Operating Supplies 132.32
215-7004-60691 Maintenance/Services 675.00
215-7004-61116 Electric - Utilities 7,755.64
215-7004-61117 Electric - Medians - Utiliti… 3,344.10
215-7004-61211 Water - Medians - Utilities 16,624.40
235-0000-61101 Electricity - Utilities 702.34
401-0000-60188 Construction 603.34
501-0000-60675 Parts, Accessories, and Up… 404.06
501-0000-60676 Vehicle Repair & Mainte… 2,251.80
501-0000-71103 City Bldg Repl/Repair 4,780.00
502-0000-61400 Cable/Internet - Utilities 366.64
601-0000-60660 Repair & Maintenance 388.00
Grand Total: 1,300,358.00
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 1,291,503.14
201806E SilverRock Event Modular Building E… SilverRock Event Space Modular Building 4,780.00 2122TMICT Construction Expense FY21/22 Traffic Maintenance Improvements 603.34 CORONANR Corona Non Reimbursable Corona Virus Emergency Response 3,471.52 Grand Total: 1,300,358.00
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2/7/2022 10:01:17 AM Page 1 of 2
Payment Reversal Register
City of La Quinta APPKT03036 - 02/02/2022 JB
Canceled Payables
Vendor Set: 01 - Vendor Set 01
Bank: APBNKBOW - APBNK- BOW
02585
Vendor Number

DUNN-EDWARDS CORPORATION
Total Vendor Amount
-178.89
Vendor Name
Check 204993 06/04/2021 02/02/2022 02/02/2022 -178.89
Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number: Description Payable Date Due Date Payable Amount 2079520211-R 05/17/21 - PAINT SUPPLIES 05/17/2021 06/04/2021 178.89 09007
Vendor Number

RELIABLE ROOFING BY TGY
Total Vendor Amount
-50.00
Vendor Name
Check 204308 03/12/2021 02/02/2022 02/02/2022 -50.00
Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number: Description Payable Date Due Date Payable Amount 030321-R 03/03/21 - BUS LIC OVERPAYMENT REFUND LIC-764642 03/03/2021 03/12/2021 50.00 09113
Vendor Number

ELECT LINDA EVANS LA QUINTA MAYOR
Total Vendor Amount
-240.48
Vendor Name
Check 204994 06/04/2021 02/02/2022 02/02/2022 -240.48
Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number: Description Payable Date Due Date Payable Amount 060121-R 06/01/21- 2020 CANDIDATE STATEMENT DEPOSIT REFUND 06/01/2021 06/04/2021 240.48 09610
Vendor Number
P-AYON PLASTERING CO.

Total Vendor Amount
-25.00
Vendor Name
Check 204757 05/07/2021 02/02/2022 02/02/2022 -25.00
Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number: Description Payable Date Due Date Payable Amount R64510-R 04/28/21 - LATE FEES REFUND LIC 764516 04/28/2021 05/07/2021 25.00 09997
Vendor Number
SMILE BRANDS, INC.

Total Vendor Amount
-108.00
Vendor Name
Check 204763 05/07/2021 02/02/2022 02/02/2022 -108.00
Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number: Description Payable Date Due Date Payable Amount R64645-R 04/28/21 - LATE FEES REFUND LIC 0102508 04/28/2021 05/07/2021 108.00 10043
Vendor Number
SIEGOS TILE + PLUS
Total Vendor Amount
-11.00
Vendor Name
Check 205258 07/02/2021 02/02/2022 02/02/2022 -11.00
Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number: Description Payable Date Due Date Payable Amount R63385-R 06/21/21 - OVERPAYMENT REFUND LIC 765445 06/21/2021 06/30/2021 11.00 91 Click Here to Return to Agenda
Payment Reversal Register Packet: APPKT03036 - 02/02/2022 JB 2/7/2022 10:01:17 AM Page 2 of 2
Bank Code Summary
Bank Code Canceled Payables Payables Left To Pay Again Total APBNKBOW -613.37 0.00 -613.37
Report Total: -613.37 0.00 -613.37
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City of La Quinta
Bank Transactions 1/24 – 2/4/2022
Wire Transaction
Listed below are the wire transfers from 1/24 – 2/4/2022.

Wire Transfers:
01/25/2022 - WIRE TRANSFER - J&H ASSET PROPERTY MGMNT INC $32,715.99 01/27/2022 - WIRE TRANSFER - COLONIAL LIFE $5,785.84
02/04/2022 - WIRE TRANSFER - EXPERT PAY $138.46
02/04/2022 - WIRE TRANSFER - CALPERS $1,212.82
02/04/2022 - WIRE TRANSFER - CALPERS $4,818.54
02/04/2022 - WIRE TRANSFER - CALPERS $14,108.14
02/04/2022 - WIRE TRANSFER - CALPERS $22,423.23
02/04/2022 - WIRE TRANSFER - LQCEA $441.00
02/04/2022 - WIRE TRANSFER - ICMA $6,348.94
02/04/2022 - WIRE TRANSFER - LANDMARK $187,333.05
02/04/2022 - WIRE TRANSFER - J&H ASSET PROPERTY MGMT INC $31,497.79 TOTAL WIRE TRANSFERS OUT $306,823.80
ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2021

RECOMMENDATION
Receive and file revenue and expenditure report dated November 30, 2021.

EXECUTIVE SUMMARY
• The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for November 2021 (Attachment 1).
• These reports are also reviewed by the Financial Advisory Commission.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports:

Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2021 for fiscal year 2021/22.

Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year. The 2020/21 operating and Capital Improvement Project carryovers to 2021/22 will be processed after the year-end audit is completed.

Period Activity – represents actual revenues received and expenditures outlaid in the reporting month.

Fiscal Activity – represents actual revenues received and expenditures outlaid YTD.

Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount.

Percent Used – represents the percentage activity as compared to budget YTD.

CONSENT CALENDAR ITEM NO. 9
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The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve.

The expenditure report includes expenditures and transfers out to other funds.

Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings.

Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Claudia Martinez, Finance Director
Attachment 1: Revenue and Expenditure Report for November 30, 2021

MTD YTD
YTD Percent
of Budget
General Fund (GF) $ 4,414,712 $ 13,600,587 23.13%
All Funds $ 6,231,482 $ 22,270,754 24.86%

MTD YTD
YTD Percent
of Budget
General Fund $ 1,004,182 $ 11,297,560 20.48%
Payroll (GF) $ 636,688 $ 4,297,379 37.93%
All Funds $ 2,240,397 $ 32,695,901 37.81%
November Expenditures
November Revenues
General Fund Non-General Fund
Transient Occupancy (Hotel) Tax $ 1,191,295 SilverRock Greens Fees $ 460,254 Measure G Sales Tax $ 914,607 Sale of Land $ 348,482
Sales Tax $ 613,938 Gas Tax $ 226,340
Fire Service Credit $ 464,989 County Sales Tax (Measure A) $ 160,611 Property Tax $ 290,787 Allocated Interest $ 111,962
General Fund Non-General Fund
Parks Landscape Maintenance $ 48,536 SilverRock Maintenance $ 227,700 Contract Legal Services $ 36,083 Capital Improvement Program - Construction(1) $ 189,690 Marketing and Tourism Promotions $ 30,822 Lighting & Landscape Maintenance $ 65,331 Animal Shelter Contract Service $ 21,342 Capital Improvement Program -Design(2) $ 58,849 Parks Materials and Supplies $ 20,139 Software Licenses $ 38,204 Top Five Revenue/Income Sources for November
Top Five Expenditures/Outlays for November
(1)CIP Construction: X-Park and Public Safety Cameras
(2)CIP Design Services: Landscaping and Fire Station 70 96 Click Here to Return to Agenda
For Fiscal: 2021/22 Period Ending: 11/30/2021
1/31/2022 Page 1 of 3
Revenue Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 58,804,210 58,804,210 4,414,712 13,600,587 -45,203,623 23.13 % 201 - GAS TAX FUND 1,965,880 1,965,880 226,340 659,127 -1,306,753 33.53 % 202 - LIBRARY & MUSEUM FUND 2,850,700 2,850,700 72 -2,513 -2,853,213 0.09 % 203 - PUBLIC SAFETY FUND (MEASURE G) 5,000 5,000 0 -180 -5,180 3.60 % 210 - FEDERAL ASSISTANCE FUND 151,000 151,000 0 -117 -151,117 0.08 % 212 - SLESA (COPS) FUND 101,000 101,000 16,667 77,832 -23,168 77.06 % 215 - LIGHTING & LANDSCAPING FUND 2,274,700 2,274,700 0 14,058 -2,260,642 0.62 % 221 - AB 939 - CALRECYCLE FUND 70,000 70,000 3,579 -2,470 -72,470 3.53 % 223 - MEASURE A FUND 1,567,000 1,567,000 160,611 476,880 -1,090,120 30.43 % 225 - INFRASTRUCTURE FUND 100 100 0 -8 -108 7.77 %
226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) 12,000 12,000 28,809 19,059 7,059 158.83 % 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP) 5,000 5,000 0 0 -5,000 0.00 % 230 - CASp FUND, AB 1379 19,200 19,200 1,600 8,191 -11,009 42.66 % 231 - SUCCESSOR AGCY PA 1 RORF 0 0 48,778 48,794 48,794 0.00 % 235 - SO COAST AIR QUALITY FUND 52,800 52,800 0 -16 -52,816 0.03 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0 0 0 -74 -74 0.00 %
241 - HOUSING AUTHORITY 871,400 871,400 535,730 946,127 74,727 108.58 % 243 - RDA LOW-MOD HOUSING FUND 35,000 35,000 0 -1,129 -36,129 3.23 % 247 - ECONOMIC DEVELOPMENT FUND 30,000 30,000 0 -1,224 -31,224 4.08 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016) 201,000 201,000 0 6,083 -194,917 3.03 % 250 - TRANSPORTATION DIF FUND 428,000 428,000 92,207 1,287,498 859,498 300.82 % 251 - PARKS & REC DIF FUND 351,000 351,000 48,438 242,132 -108,868 68.98 % 252 - CIVIC CENTER DIF FUND 152,000 152,000 28,290 207,022 55,022 136.20 % 253 - LIBRARY DEVELOPMENT DIF 50,000 50,000 9,131 45,585 -4,415 91.17 % 254 - COMMUNITY & CULTURAL CENTERS DIF 72,000 72,000 21,988 108,063 36,063 150.09 % 255 - STREET FACILITY DIF FUND 0 0 0 31,463 31,463 0.00 % 256 - PARK FACILITY DIF FUND 0 0 0 40 40 0.00 %
257 - FIRE PROTECTION DIF 66,000 66,000 8,487 72,317 6,317 109.57 % 270 - ART IN PUBLIC PLACES FUND 130,000 130,000 4,798 93,221 -36,779 71.71 % 275 - LQ PUBLIC SAFETY OFFICER 2,600 2,600 0 -20 -2,620 0.76 % 299 - INTEREST ALLOCATION FUND 0 0 111,962 546,935 546,935 0.00 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,100 1,100 0 0 -1,100 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 9,894,806 9,894,806 0 1,505,949 -8,388,857 15.22 % 405 - SA PA 1 CAPITAL IMPRV FUND 0 0 0 -458 -458 0.00 % 501 - FACILITY & FLEET REPLACEMENT 1,222,750 1,222,750 861 297,342 -925,408 24.32 % 502 - INFORMATION TECHNOLOGY 1,786,700 1,786,700 1,930 448,095 -1,338,605 25.08 % 503 - PARK EQUIP & FACILITY FUND 400,000 400,000 0 86,026 -313,974 21.51 % 504 - INSURANCE FUND 1,010,800 1,010,800 0 252,357 -758,443 24.97 % 601 - SILVERROCK RESORT 4,157,693 4,157,693 536,190 1,115,764 -3,041,929 26.84 % 602 - SILVERROCK GOLF RESERVE 67,000 67,000 0 -210 -67,210 0.31 % 760 - SUPPLEMENTAL PENSION PLAN 6,000 6,000 0 -38 -6,038 0.63 % 761 - CERBT OPEB TRUST 80,000 80,000 0 -2,759 -82,759 3.45 % 762 - PARS PENSION TRUST 700,000 700,000 -69,697 85,420 -614,580 12.20 % Report Total: 89,594,439 89,594,439 6,231,482 22,270,754 -67,323,685 24.86 % Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report published annually in December, is the best resource for all final audited numbers.

ATTACHMENT 1
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For Fiscal: 2021/22 Period Ending: 11/30/2021
1/31/2022 Page 2 of 3
Expenditure Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 55,162,726 55,162,726 1,004,182 11,297,560 43,865,166 20.48 % 201 - GAS TAX FUND 2,007,500 2,007,500 37,425 300,647 1,706,853 14.98 % 202 - LIBRARY & MUSEUM FUND 4,306,510 4,306,510 22,846 150,499 4,156,011 3.49 % 203 - PUBLIC SAFETY FUND (MEASURE G) 0 0 0 89,541 -89,541 0.00 % 210 - FEDERAL ASSISTANCE FUND 148,350 148,350 0 0 148,350 0.00 % 212 - SLESA (COPS) FUND 100,000 100,000 0 4,576 95,424 4.58 % 215 - LIGHTING & LANDSCAPING FUND 2,257,400 2,257,400 151,875 756,042 1,501,358 33.49 % 220 - QUIMBY FUND 0 0 0 330,300 -330,300 0.00 %
221 - AB 939 - CALRECYCLE FUND 150,000 150,000 0 0 150,000 0.00 % 223 - MEASURE A FUND 1,220,500 1,220,500 0 58,159 1,162,341 4.77 % 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) 12,000 12,000 0 0 12,000 0.00 % 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP) 5,000 5,000 0 0 5,000 0.00 % 230 - CASp FUND, AB 1379 5,600 5,600 0 0 5,600 0.00 %
231 - SUCCESSOR AGCY PA 1 RORF 0 0 0 13,502,588 -13,502,588 0.00 % 235 - SO COAST AIR QUALITY FUND 42,500 42,500 561 1,817 40,683 4.28 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0 0 0 500 -500 0.00 %
241 - HOUSING AUTHORITY 1,542,200 1,542,200 85,640 416,515 1,125,685 27.01 % 243 - RDA LOW-MOD HOUSING FUND 250,000 250,000 0 700 249,300 0.28 % 247 - ECONOMIC DEVELOPMENT FUND 21,500 21,500 16,500 16,500 5,000 76.74 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016) 20,000 20,000 0 30,545 -10,545 152.73 % 250 - TRANSPORTATION DIF FUND 604,500 604,500 0 400,000 204,500 66.17 % 253 - LIBRARY DEVELOPMENT DIF 30,000 30,000 0 0 30,000 0.00 % 254 - COMMUNITY & CULTURAL CENTERS DIF 125,000 125,000 0 0 125,000 0.00 % 270 - ART IN PUBLIC PLACES FUND 127,000 127,000 9,600 35,056 91,944 27.60 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,100 1,100 0 0 1,100 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 9,894,806 9,894,806 288,262 1,946,260 7,948,546 19.67 % 405 - SA PA 1 CAPITAL IMPRV FUND 0 0 0 3,368 -3,368 0.00 % 501 - FACILITY & FLEET REPLACEMENT 1,222,750 1,222,750 11,635 192,417 1,030,333 15.74 % 502 - INFORMATION TECHNOLOGY 1,786,700 1,786,700 99,938 656,352 1,130,348 36.74 % 503 - PARK EQUIP & FACILITY FUND 255,000 255,000 0 6,972 248,028 2.73 % 504 - INSURANCE FUND 936,800 936,800 0 850,251 86,549 90.76 % 601 - SILVERROCK RESORT 4,161,262 4,161,262 506,868 1,610,240 2,551,022 38.70 % 760 - SUPPLEMENTAL PENSION PLAN 12,850 12,850 0 12,833 17 99.87 % 761 - CERBT OPEB TRUST 1,500 1,500 0 446 1,054 29.72 %
762 - PARS PENSION TRUST 52,000 52,000 5,067 25,215 26,785 48.49 % Report Total: 86,463,054 86,463,054 2,240,397 32,695,901 53,767,153 37.81 % Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report published annually in December, is the best resource for all final audited numbers.
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Fund # Name Notes
101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street-related expenditures.
202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources.
212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities. Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources. 220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements.
221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts. Assembly Bill (AB) 939.
223 Measure A Fund County sales tax allocations which are restricted to street-related expenditures. 224 TUMF Fund Developer-paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside County.
225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City’s infrastructure as defined by Resolution
226 Emergency Mgmt. Performance Grant (EMPG) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assembly Bill (AB) 1379 and Senate Bill (SB) 1186. 231 Successor Agency PA 1 RORF Fund
Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recognized obligations of the former Redevelopment Agency (RDA). 235 SO Coast Air Quality Fund (AB2766, PM10) Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill (AB) 2766. 237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule (ROPS) associated with the former Redevelopment Agency (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low-Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing.

Accounts for RDA loan repayments (20% for Housing) and housing programs,. 244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development.
247 Economic Development Fund Proceeds from sale of City-owned land; transferred from General Fund for future economic development.
249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks.
275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty.
299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority’s outstanding debt and any related reporting requirements. This bond was fully paid in October 2018. 401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants.

Used for SilverRock infrastructure improvements.
501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city-owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan (PARS Account) Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB) For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account) For all pension-related benefits and unfunded liabilities.

Fund Descriptions

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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE STRIPING REFRESH (PROJECT NO. 2021-04)

RECOMMENDATION
Approve plans, specifications, engineer’s estimate, and authorize Staff to bid the Citywide Striping Refresh Project.

EXECUTIVE SUMMARY
• This Fiscal Year 2021/22 Citywide Striping Refresh Project includes refreshing all roads throughout La Quinta that are classified as arterials, secondaries, and collectors (Attachment 1).
• This project also includes as an additive alternate adding striping to create buffered bike lanes, parking lanes, and adding markers and yellow edge lines to medians. These stripes would increase safety and do not require striping to be removed.

FISCAL IMPACT
The project is in the FY 2021/22 Capital Improvement Program (CIP) and has General Funds assigned in the amount of $400,000. Considering the engineer’s estimate in the amount of $400,000, the following is the anticipated project budget for Citywide Striping Refresh:

Project Total
Budget
Professional/Design: $ 53,000
Inspection/Testing/Survey: $ 27,000
Construction: $ 280,000
Contingency: $ 40,000
Total Budget: $ 400,000
CONSENT CALENDAR ITEM NO. 10
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BACKGROUND/ANALYSIS
These improvements will refresh striping on the majority of the City’s roadways and replace missing or damaged pavement markers.

Included in the project as an additive alternate are additional new striping to create buffered bike lanes, parking lanes, and adding missing yellow edge lines to the following streets:
• Adams Street
• Airport Boulevard
• Avenida La Fonda
• Avenue 47
• Avenue 50
• Avenue 52
• Desert Club Drive
• Dune Palms Road
• Eisenhower Drive
• Jefferson Street
• Madison Street
• Miles Avenue
• Park Avenue
• Seeley Drive
• Simon Drive
• Westward Ho Drive
Contingent upon approval to advertise the project for bid on February 15, 2022, the following is the project schedule:

Council Bid Authorization February 15, 2022
Bid Period February 16 to March 16, 2022
Council Considers Project Award April 5, 2022
Execute Contract and Mobilize April to May, 2022
Construction (30 Working Days) May to June 2022
Accept Improvements July 2022

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/ City Engineer Attachment: 1. Site Map

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60TH AVE
54TH AVE
50TH AVE
58TH AVE
52ND AVE

MONROE ST

MADISON ST
62ND AVE

MILES AVE

JEFFERSON ST
SH-111

AIRPORT BLV

WASHINGTON ST

EISENHOWER DR
48TH AVE
®
ATTACHMENT 1

ATTACHMENT
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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: APPROVE REQUEST TO AMEND THE LAW ENFORCEMENT SERVICE AGREEMENT WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT TO

CONVERT TWO TRAFFIC CAR POSITIONS TO TRAFFIC MOTOR POSITIONS

RECOMMENDATION
Approve request to amend the Law Enforcement Service Agreement with the Riverside County Sheriff’s Department to convert two traffic car positions to traffic motor positions; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
 Since 1982, the City of La Quinta has contracted with the Riverside County Sheriff’s Department (RCDS) for law enforcement services.  La Quinta Sheriff’s traffic team is currently staffed with five (5) traffic enforcement officers, consisting of three (3) traffic car officers, and two (2) motors officers.
 On January 20, 2022, the City Manager received a letter from the RCDS requesting that two (2) traffic car positions be converted to motor positions to better serve the community (Attachment 1).  If Council approves this request, an amendment to the current Law Enforcement Agreement (Attachment 2) will need to be authorized.

FISCAL IMPACT
The cost of converting two traffic officers to motor officers, is estimated at approximately $74,000, which includes the cost of two new motorcycles, uniforms, equipment, and motor deputy pay differential ($1.93 per hour more over the deputy rate). Training costs will be covered by the RCSD. Recurring annual cost thereafter is estimated to be about $24,660 a year for the two motors. The net annual increase is estimated to be $14,220 after savings associated with less patrol car mileage. Funds to cover this request are available in the Fiscal Year 2021-22 Police Service Budget.

CONSENT CALENDAR ITEM NO. 11
105

PULLED FROM CONSENT CALENDAR AND
CONSIDERED AS BUSINESS ITEM NO. 2
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BACKGROUND/ANALYSIS
The City contracts with RCSD to provide law enforcement services. Under the current Sheriff’s contract, La Quinta has 1 Lieutenant, 2 Sergeants, an average of 25 Deputies assigned to daily patrol services, 5 Deputies allocated to the Target Team, 2 Motor Officers, 3 Traffic Officers, 2 Deputies appointed to the Narcotics and Gang Task Force, and 6 Community Service Officers.

In January 2022, Lt. Andy Martinez submitted a request recommending that the City convert two traffic car officers to motor officers to enhance the traffic enforcement efforts and support community needs. Per the request, Lt.

Martinez states that by increasing the number of motor officers to four units, the department will improve its visibility in areas known for speeding and/or traffic issues and increase motor officers’ coverage throughout the week.

Moreover, motor officers compared to patrol cars have better maneuverability and positional opportunities to observe and monitor traffic and provide a visible deterrent for drivers, therefore enhancing traffic safety in La Quinta.

ALTERNATIVES
Council could elect to delay, modify, or reject the requested amendment to the law enforcement contract.

Prepared by: Martha Mendez, Public Safety Manager
Approved by: Jon McMillen, City Manager
Attachments: 1. Lt. Martinez’s Motor Conversion Request

2. Law Enforcement Service Agreement

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1 TO: City Manager Jon McMillen DATE: January 20, 2022
FROM: Lt. Andy Martinez
SUBJECT: Conversion of Two Traffic Car Positions to Motor Positions ______________________________________________________________________________ Attachments

1. Motorcycle Conversion Fiscal Impact Worksheet
Recommendation
The Sheriff’s Department is currently staffed with 5 traffic enforcement officers, two deployed on patrol motors and three in patrol cars. We are requesting the conversion of two patrol car positions to patrol motor positions to enhance traffic safety efforts and support local events with large vehicle and pedestrian attendance. These units will be deployed in areas where there are complaints of excessive speeding or a high volume of collisions and will allow greater weekday coverage. The smaller profile of a patrol motor allows for greater maneuverability and positional opportunities to observe and monitor traffic not available to patrol cars, which can maximize the visible deterrent impact and safety objectives.

Fiscal Impact
The costs to convert two existing traffic car positions to traffic motor positions include capital expenditures and reoccurring annual costs to purchase, operate and maintain the motorcycles. The first-year capital costs estimated at $74,000, are related to the purchase of two BMW motorcycles and personal protective equipment. Prerequisite training programs are reimbursable to the Sheriff’s Department, and as a result, no funding for this initial training is requested.

Reoccurring annual costs include motor fuel, maintenance and safety/hazard pay at an estimated annual cost of $24,660 for two motors.
_________________________________
Lt. Andy Martinez
RIVERSIDE COUNTY SHERIFF’S DEPARTMENT

CHAD BIANCO, SHERIFF
ATTACHMENT 1
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City of La Quinta
Traffic Motorcycle Conversion Fiscal Impact
DESCRIPTION Positions Hours Per
Day Trend FY 20/21 EST Rate Days Est. Increase FY 21/22 EST Rate Per Position Request General Law Enforcement (Patrol) 130 100% $197.90 365 5.00% $207.80 N/A N/A DESCRIPTION Positions Hours Per
Year Trend % FY 20/21 EST
Rate
FY 20/21
Differential Est. Increase FY 21/22 EST
Rate
FY 21/22
Differential Per Position Request
Dedicated Traffic Position (sdc-b) -2 2088 100% $169.37 $0.00 5.00% $177.84 $8.47 ($371,326.79) ($742,653.58) Dedicated Motorcyle Positions 2 2088 100% $169.37 $0.00 5.00% $177.84 $8.47 $371,326.79 $742,653.58 DESCRIPTION DETAIL Cost Positions FY 20/21 EST
Rate Est. Increase Est FY 21/22 Rate Qty/Periods Initial Cost Reoccuring Cost Mileage Cost Traffic Cars @ $.87 per mile 2 $0.87 $0.00 $0.87 6,000 $10,440.00 Mileage Cost Traffic Cars 2 ($0.87) $0.00 ($0.87) 6,000 ($10,440.00) Mileage Cost Traffic Motors No Charge 2 $0.00
Differentials Motor Deputy Pay 2 $1.93 $0.00 $1.93 2088 $8,059.68 Motor Fuel Avg. $300/Month $ 300.00 2 12 $0.00 $7,200.00 Motor Maintenance Avg. $300/Month $ 350.00 2 12 $0.00 $8,400.00 BMW Motorcycles $ 32,000.00 2 $64,000.00 $0.00
Uniforms Shirts,Pants,Jacket,Gloves $ 3,800.00 2 $7,600.00 $760.00 Equipment Helmet $ 1,200.00 2 $2,400.00 $240.00
Training POST Reimbursed / Department Covered 2 $0.00 $0.00 $0.00 $0.00 TOTAL $74,000.00 $24,659.68
Traffic Car Savings
Position Cost ($742,653.58)
Mileage ($10,440.00)
TOTAL ($753,093.58)
Traffic Motor Costs
Position Cost $742,653.58
Reoccuring Cost $24,659.68
TOTAL $767,313.26
Initial Investment $74,000.00
Annual Budget Impact (est.) $24,659.68
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AGREEMENT FOR LAW ENFORCEMENT SERVICES

BETWEEN THE CITY OF LA QUINTA

AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT is made and entered into by and between the CITY OF LA QUINTA, a Charter city, hereinafter "City," and the COUNTY OF RIVERSIDE, a political subdivision of'the State of California, on behalf of the Riverside County Sheriff's Department, hereinafter "County."
IT IS THEREFORE AGREED AS FOLLOWS:

1. TERM

1.1 Effective Dates. This Agreement shall be effective from July 1, 2021 through June 30, 2023.

1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current two (2) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the sani.e.

1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date.

2. SCOPE OF SERVICE .

2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth.

It is understood that the Sheriff's Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriff's services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate. 1 JUN 22 2021 ~aa
ATTACHMENT 2
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2.2 California Identification System (CAL-ID) and Records Management System. (RMS) City agrees as a condition of receiving services hereunder to participate in CAL-ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings.

2.2A Definitions. For purposes of this agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference:
a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City.
c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS.
d) LA WNET shall mean the County's law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, work LA WNET, stations, RMS functions and CLETS.

2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice.

2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LA WNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC-based equipment for services defined herein, the equipment must be configured in accordance with County specifications.

Further, City shall not alter the configuration of any PC-based equipment used to provide services herein without the permission of Sheriffs Information Technology Officer. 2 112 Click Here to Return to Agenda
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2.2D Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7 .2 and 7.4 of this Agreement.

3. LEVEL OF SERVICE
3 .1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference. 3 .2 Variation in Level of Service. Variations in the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms:

If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits.

If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent ( 10% ), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.

4. CHIEF OF POLICE
The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position.

5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT

5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services.

5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the 3 113 Click Here to Return to Agenda
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Sheriffs specifications shall remain within the City limits, and ownership title thereto shall remain with City.

However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis.

5.3 City-Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriffs personnel, or persons authorized by the Sheriff.

City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city-approved functions.

5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the City-owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance.

General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager.

If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing 4 114 Click Here to Return to Agenda
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such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section.
c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

6. EMPLOYMENTSTATUSOFPERSONNEL

6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City.

6.2 Labor Shortage. In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received.

7. COMPENSATION
7 .1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriffs Department personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CALID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce 5 115 Click Here to Return to Agenda
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State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees.

Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriffs Special Investigations Bureau, Emergency Services Team, Canine Unit and Aviation Unit.

7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend.

7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriffs Department at County-owned or leased facilities. Costs are prorated according to the facility's square footage occupied by a Sheriffs Department Bureau or Unit.

7.3A Calculation of Facility Rates. The total of the facility's cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city's share of the facility cost.

The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriffs decision to move Contract or unincorporated County Patrol positions from the Station.

7.4 Payment of Costs. County, through the Sheriffs Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907.
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7 .5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors.

Billing will be provided for field training costs in conjunction with the rate adjustment billing.

Field training costs will not apply to supervisory or classified positions added to the level of service.
7 .6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement.

8. INDEMNIFICATION AND HOLD HARMLESS

8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County.

8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall 7 117 Click Here to Return to Agenda
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defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City.

9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County.

10. RECORDS
County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County's appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement.

11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof.

12. NOTICES
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:
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County
Chad Bianco, Sheriff
Riverside Station
Post Office Box 512
Riverside, California 92502
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City
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to:

Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1st Floor
Riverside, California 92501
Notice shall be deemed given when in wntmg and delivered personally or mailed with confirming delivery receipt addressed as set out above.

13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

14. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriffs personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.

15. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.

16. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. 9 119 Click Here to Return to Agenda
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JN WITNESS WHEREOF. the City of La QuinLa. by minute order or resolution duly adopted by its City Council. has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk. and the County of Riverside. by order of its Board of Supervisors. has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board. all on the dates indicated below.

Dated: ~ / J. ~I JJ)J.(
APPROVED AS TO FORM:

William H. Ihrke
City Attorney
Dated: \fi(tlt ~1.lllJ
ATTEST:

Kecia R. Harper
Clerk of the Board
By:' /D;JJ~i; ~ /;I 11tuf1( ~

CITY OF LA QUINTA
ATTEST:

Name: Monika Radeva
Title: City Clerk

COUNTY OF RIVERSIDE
[' I
By: ~'-'·~-4 .. R. Karen Spiegel. Chair -·F---aRiverside County Board of Supervisors 10 APPROVED AS TO FORM:

Gregory P. Priamos
County Counsel
By:
~
J). 0.

Deputy County Counsel
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Average Patrol Services

ATTACHMENT A

CITY OF LA QUINTA

LEVEL OF SERVICE
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130 fully supported hours per day (Approximate equivalent of 25 Deputy Sheriff positions @ 1,884 annual productive hours per position.)
Dedicated Positions
One ( 1) Sheriffs Lieutenant position
Two (2) Sheriffs Sergeant positions
Five (5) Deputy Sheriff (fully supported) positions - Target Team Two (2) Deputy Sheriff (fully supported) positions - Motor Officers Three (3) Deputy Sheriff (fully supported) positions - Traffic Officers One (1) Deputy Sheriff (unsupported) position- Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position - Coachella Valley Narcotics Task Force Six ( 6) Community Service Officer II positions
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City of La Quinta
CITY COUNCIL MEETING: February 15, 2022

STAFF REPORT
AGENDA TITLE: APPROPRIATE HIGHWAY BRIDGE PROGRAM ADVANCED CONSTRUCTION FUNDING IN THE AMOUNT OF $14,936,122; APPROVE

AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVE PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE, AND AUTHORIZE FOR BID THE DUNE PALMS ROAD BRIDGE PROJECT NO. 2011-05,

LOCATED ON DUNE PALMS ROAD OVER THE COACHELLA VALLEY STORM

WATER CHANNEL

RECOMMENDATION
A. Appropriate Highway Bridge Program Advanced Construction Funding in the amount of $14,936,122; and
B. Approve agreement for contract services with TY Lin International to provide construction management and inspection services, and authorize the City Manager to execute the agreement; and
C. Approve plans, specifications, and engineer’s estimate, and authorize for bid the Dune Palms Road Bridge Project No. 2011-05.

EXECUTIVE SUMMARY
 The Dune Palms Road Bridge Project (Project) (Attachment 1) will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC).  The Caltrans sponsored Highway Bridge (HBP) Funding Program is oversubscribed for Federal Fiscal Years (FFY) 2020/21 and 2021/22. New programming capacity is currently unavailable for new projects already in construction or ready to advertise.
 In June 2021, Council directed staff to move forward with ‘at risk’ advance funding using the Caltrans Advance Construction Procedure for the construction phase of the Project and Caltrans has approved the City’s request.

BUSINESS SESSION ITEM NO. 1
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 Following a request for proposals (RFP), staff recommends to executed an Agreement for Contract Services (Agreement) with TY Lin International (TYLI) to provide construction management and inspection services (CMI services) for the Project in the amount of $2,764,651 (Attachment 2).  The Project includes:
 Construction of an all-weather bridge with typical section including:
 a 6-ft sidewalk on both sides of the bridge
 two (2) 8-ft bike/cart paths, two (2) 11-ft outside lanes  two (2) 12-ft inside lanes
 and a 9’-8” raised median
 Channel improvements upstream and downstream from the bridge  Bridge approach roadway improvements
 Ancillary improvements related to the bridge

FISCAL IMPACT
Staff and the Financial Advisory Commission (FAC) recommend using a combination of Measure G Reserves and Unassigned Reserves to fund the $14,936,122 of Local Advance Construction funding.

Funding is budgeted in the Construction Engineering Phase of the Project for the $2,764,651 CMI services Agreement with TYLI.

The estimated overall cost of the Project is $24,189,652. These costs are separated into the following phases:

Phase Estimated Cost
New Bridge
Federal Funding
(Caltrans-HBP)
Non-Participating
Plus Local Share
Engineering/Design $1,750,000 $1,549,275 $200,725
Right of Way $1,570,554 $1,166,825 $403,729
Construction $16,695,276 $11,241,037 $5,454,239
Const. Engineering $2,504,292 $2,217,050 $287,242
Contingency $1,669,530 $1,478,035 $191,495
Total Costs: $24,189,652 $17,652,222 $6,537,430
These costs include both participating (eligible for reimbursement) and nonparticipating costs. Currently, the following cost shares are anticipated:

Caltrans-HBP Funding Share: $17,652,222
City of La Quinta Funding Share: $1,084,100
CVAG Funding Share: $5,395,230
CVWD Funding Share: $58,100
Total Cost: $24,189,652
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BACKGROUND/ANALYSIS
The Project will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the CVSWC.

In November 2020, Caltrans advised that the HBP Funding Program had been oversubscribed for FY 2020/21 and 2021/22 and there is no additional programming capacity for projects already in construction or ready to advertise.

At the direction of the City Council in June 2021, the City agreed to provide ’at risk‘ advance funding using the Advance Construction Procedure outlined in Section 3.7 of the Caltrans Local Procedures Manual, and Caltrans approved the City’s request.

The environmental, engineering/design and right-of-way phases are complete and are fully funded. The construction phase which includes Construction, Construction Engineering, and Contingency is estimated at $20,869,098.

The HBP Funding will ultimately contribute 88.53% or up to $14,936,122 toward eligible (Construction Phase) costs. This is the amount the City is required to advance. Staff and the FAC recommend using a combination of Unassigned Reserves and Measure G Reserves for this advance funding due to their current balances. The City anticipates these funds to be reimbursed within two to five fiscal years
The City’s non-reimbursed share of the construction phase will be $932,987.

In November 2021 staff advertised an RFP seeking qualified firms to provide CMI services for the Project. Three proposals were received from Anser Advisory Consultants (Anser), Southstar Engineering and Consulting, and TYLI.

The selection committee conducted interviews with Anser and TYLI. TYLI was selected as the most qualified firm to provide the requested services. The fixed fee plus cost contract amount for CMI services is $2,764,651. The financial documents for TYLI and all subconsultants will need to be reviewed and approved by the Independent Office of Audit and Investigations (IOAI) through Caltrans prior to executing the Agreement.

The proposed Project improvements will replace the existing low water crossing with a new all-weather bridge consisting of a curb-to-curb roadway width of 72 feet with a 6-ft sidewalk on each side of the bridge. The bridge is anticipated to be 480 feet long and 86 feet wide. The typical section will include a 6-ft sidewalk on both sides of the bridge, two (2) 8-ft bike/cart paths, two (2) 11-ft outside lanes, two (2) 12-ft inside lanes, and a 9’-8” raised median. 125 Click Here to Return to Agenda
The Project will construct channel improvements immediately upstream and downstream of the proposed bridge consisting of concrete slope protection and cutoff walls to protect the bridge foundations from scour. Construct bridge approach roadway improvements (including drainage) to accommodate the raised profile for the proposed bridge.

Other ancillary construction activities associated with the bridge construction will include but is not limited to:
 Removal / Demolition of two mobile homes and a single family home;  Two main sewer main relocations to avoid conflict with the northern abutment;
 Water main relocation from upstream to downstream of the bridge within the channel area below the slope protection cut off wall;  Spectrum relocations north of the channel into the new parkway;  Minor Frontier reconstruction of an underground conduit system south of the channel;
 Electrical (IID) distribution undergrounding for the full length of the project under a relocation agreement;
 Interim electrical distribution line shoo fly for the initial bridge construction phase;
 Construction of a multi-use trail (CV/Link) underpass of the bridge along with two secondary connecter trails from CV/Link to Dune Palms Road; and
 Construction and removal of a bypass road.

Contingent upon approval to advertise the project for bid on February 15, 2022, the following is the project schedule:

Council Bid Authorization February 15, 2022
Bid Period March 1 to April 1, 2022
Council Considers Project Award April 15, 2022
Execute Contract and Mobilize April to May 2022
Construction (543 Working Days) May 2022 to June 2024
Accept Improvements July 2024

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map

2. Agreement with TY Lin International
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Dune Palms Bridge

PROJECT LOCATION
HIGHWAY 111
Vicinity Map
AVENUE 48
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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 TY Lin International, A Corporation (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Construction Management, Inspection, Material Testing, and Survey Services for the Dune Palms Road Bridge Project (Federal Project No. BRKLS5433(014), City Project No. 2011-05), 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 ATTACHMENT 2
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counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, 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 130 Click Here to Return to Agenda
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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 2.4 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 based on actual cost plus a fixed fee in accordance with “Exhibit B” (the “Schedule of Compensation”).

The total amount payable by City including the Fixed Fee, as provided in Section 2.2, shall not exceed Two Million Seven Hundred and Sixty Four Thousand Six Hundred Fifty Dollars and Sixty-Eight Cents ($ 2,764,650.68) (the “Contract Sum”), except as provided in Section 1.7. The City will reimburse Contracting Party for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Contracting Party in performance of the work. Contracting Party will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the Schedule of Compensation, except as provided in Section

1.7. In no event will Contracting Party be reimbursed for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting 131 Click Here to Return to Agenda
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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. Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

2.2 Allowable Costs. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement.

Contracting Party’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the Schedule of Compensation. When milestone cost estimates are included in the Schedule of Compensation, Contracting Party shall obtain prior written approval for a revised milestone cost estimate from the Contract Officer before exceeding such cost estimate.

Salary increases will be reimbursable if the new salary is within the salary range identified in the Schedule of Compensation and is approved by City’s Contract Officer. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. In addition to the allowable incurred costs, City will pay Contracting Party a fixed fee of One Hundred Thirteen Thousand Eight Hundred Seventy Two Dollars and Seventy Seven Cents ($113,872.77) (the “Fixed Fee”). The Fixed Fee is nonadjustable for the term of the Agreement, except as provided for in Section 1.7.

2.3 Method of Billing & Payment. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of the Fixed Fee will be included in the monthly progress payments. 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. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Contracting Party is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in the Schedule of Compensation and shall reference this Agreement number (or City project number for which this Agreement applies) and project title. Invoices 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 132 Click Here to Return to Agenda
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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. If Contracting Party fails to submit the required deliverable items according to the schedule set forth in Section

3.2, City shall have the right to delay payment or terminate this Agreement.

No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. The final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 13.8. Except as provided for Section 10.3, the final invoice should be submitted within sixty (60) calendar days after completion of Contracting Party’s work.

2.4 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.

3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting 133 Click Here to Return to Agenda
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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 Section 8.0 of this Agreement, the term of this agreement shall commence on February 16, 2022, contingent upon approval by City, and Contracting Party shall commence work after notification to proceed by City’s Contract Officer. The Agreement shall terminate on June 30, 2026 unless extended by an Amendment to this Agreement. Contracting Party is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.

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) [NAME] Joseph Smith
Tel No. 619.908.3306
E-mail: [email protected]
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.
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4.2 Contract Officer. The “Contract Officer”, otherwise known as the Bryan McKinney, Public Works Director/City Engineer or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service.

Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have 135 Click Here to Return to Agenda
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no power to incur any debt, obligation, or liability on behalf of City.

Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.

Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 136 Click Here to Return to Agenda
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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’s Project Manager shall meet with City as necessary to discuss progress on the Agreement. 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, Independent CPA Audited Indirect Cost Rate workpapers, or other documents 137 Click Here to Return to Agenda
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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, including those of the Contracting Party’s Independent CPA, shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, Caltrans Auditor, FHWA or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal Funding in whole or in part), 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, examination, workpaper review, excerpt, or transaction 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. 138 Click Here to Return to Agenda
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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 In the event of Termination under Section 8.0, immediately upon termination, City shall be entitled to, and Contracting Party shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Contracting Party in performing this Agreement which is not Contracting Party’s privileged information, as defined by law, or Contracting Party’s personnel information, along with all other property belonging exclusively to City which is in Contracting Party’s possession.

7.6 Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and 139 Click Here to Return to Agenda
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results of the services to be rendered by Contracting Party hereunder to be work made for hire. Contracting Party acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

7.7 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.

7.8 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. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Contracting Party to further disclose such information, or disseminate the same on any other occasion. Contracting Party shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Contracting Party’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee. Contracting Party shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission. 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 140 Click Here to Return to Agenda
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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. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Section 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. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Officer and City Manager (or authorized designee), who may consider written or verbal information submitted by Contracting Party. Not later than thirty (30) calendar days after completion of all work under the Agreement, Contracting Party may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review shall be submitted in writing. Neither the pendency of a dispute, nor its consideration by the committee will excuse Contracting Party from full and timely performance in accordance with the terms of this Agreement. Audit Disputes shall be considered as provided for Section 10.

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 141 Click Here to Return to Agenda
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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. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 7.5. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. Notwithstanding any provisions of this Agreement, Contracting Party shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contracting Party, and City may withhold any payments due to Contracting Party until such time as 142 Click Here to Return to Agenda
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the exact amount of damages, if any, due City from Contracting Party is determined.

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.

8.10 Suspension of Work. City may temporarily suspend this Agreement, at no additional cost to City, provided that Contracting Party is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Contracting Party shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this Section 8.0.

9. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION.

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 143 Click Here to Return to Agenda
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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. During the term of this Agreement, the Contracting Party shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Contracting Party shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow.

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.

Contracting Party certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Contracting Party agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Contracting Party further agrees to complete any statements of economic interest if required by either City ordinance or State law.

9.3 Covenants against Discrimination. The Contracting Party’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Contracting Party has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
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During the performance of this Agreement, Contracting Party and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contracting Party and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Contracting Party and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contracting Party shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

Contracting Party and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Contracting Party shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

The Contracting Party, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the 145 Click Here to Return to Agenda
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benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

The Contracting Party shall comply with regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Contracting Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

The Contracting Party, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Contracting Party, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

Title VI Assurances – Appendix A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:
a. Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or 146 Click Here to Return to Agenda
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negotiation made by Consultant for work to be performed under a Subagreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.
e. Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. 147 Click Here to Return to Agenda
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Title VI Assurances – Appendix EDuring the performance of this contract, the Contracting Party, for itself, its assignees, and successors in interest agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Page 2 of 2
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- The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and lowincome populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

10. AUDIT REVIEW PROCEDURES.

10.1 Audit Disputes. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement provided for in Section 8.0, shall be reviewed by City’s Chief Financial Officer. Not later than thirty (30) calendar days after issuance of the final audit report, Contracting Party may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by City will excuse Contracting Party from full and timely performance, in accordance with the terms of this Agreement.

10.2 Audit Review Procedures. Contracting Party and subconsultant Agreements, including Schedule of Compensation, cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is Contracting Party’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. 149 Click Here to Return to Agenda
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The Agreement, cost proposal, and ICR shall be adjusted by Contracting Party and approved by City Contract Officer to conform to the audit or review recommendations. Contracting Party agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Contracting Party to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination under Section 8.0 of the Agreement and disallowance of prior reimbursed costs.

10.3 Caltrans Audits and Investigations Work Paper Review.

Contracting Party’s Schedule of Compensation may be subject to a CPA ICR Audit Work Paper Review and/or audit by Independent Office of Audits and Investigation (AOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Schedule of Compensation shall be adjusted by the Contracting Party and approved by the City Contract Officer to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report.

Refusal by the Contracting Party to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination under Section 8.0 of the Agreement and disallowance of prior reimbursed costs.

During IOAI’s review of the ICR audit work papers created by the Contracting Party’s independent CPA, IOAI will work with the CPA and/or Contracting Party toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Contracting Party at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:

A. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
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B. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eightyfive percent (85%) of the proposed rate.

C. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

If IOAI is unable to issue a cognizant letter per this Section 10.3, IOAI may require Contracting Party to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Contracting Party’s and/or the independent CPA’s revisions.

If the Contracting Party fails to comply with the provisions of this Section 10.3, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth this Section 10.3 for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.

Contracting Party may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Contracting Party must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Contracting Party, either as a prime or subconsultant, with the same fiscal period ICR.

11. STATE PREVAILING WAGE RATES

11.1 State Prevailing Wage Rates. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. The Contracting Party shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer
(https://dot.ca.gov/programs/construction/labor-compliance). These wage 151 Click Here to Return to Agenda
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rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

11.2 Payroll Records. Contracting Party and each Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contracting Party or Subconsultant in connection with the public work.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

A. The information contained in the payroll record is true and correct.

B. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

The payroll records enumerated under this Section 11.2 shall be certified as correct by the Contracting Party under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative’s at all reasonable hours at the principal office of the Contracting Party. The Contracting Party shall provide copies of certified payrolls or permit inspection of its records as follows:

A. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

B. A certified copy of all payroll records enumerated in this Section 11.2 shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division 152 Click Here to Return to Agenda
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of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Contracting Party.

C. The public shall not be given access to certified payroll records by the Contracting Party. The Contracting Party is required to forward any requests for certified payrolls to the City Contract Officer by both email and regular mail on the business day following receipt of the request.

Contracting Party and all subconsultants shall submit a certified copy of the records enumerated in this Section 11.2, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Contracting Party or Subconsultant performing the work shall not be marked or obliterated.

The Contracting Party shall inform City of the location of the records enumerated under this Section 11.2, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

The Contracting Party or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in this Section 11.2. In the event the Contracting Party or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Contracting Party is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

11.3 Responsibility. When prevailing wage rates apply, the Contracting Party is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City Contract Officer.

11.4 Penalty. The Contracting Party and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Contracting Party and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by 153 Click Here to Return to Agenda
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the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Contracting Party or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Contracting Party or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Contracting Party or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Contracting Party or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Contracting Party or Subconsultant had knowledge of the obligations under the Labor Code. The Contracting Party is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.

In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contracting Party or Subconsultant.

If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the Contracting Party is not liable for the penalties described above unless the Contracting Party had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Contracting Party fails to comply with all of the following requirements:

A. The Agreement executed between the Contracting Party and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.

B. The Contracting Party shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.

C. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Contracting Party shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient 154 Click Here to Return to Agenda
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funds due the Subconsultant for work performed on the public works project.

D. Prior to making final payment to the Subconsultant for work performed on the public works project, the Contracting Party shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

Pursuant to Labor Code §1775, City shall notify the Contracting Party on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contracting Party shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.

11.5 Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The Contracting Party shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Contracting Party or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

11.6 Employment of Apprentices. Where either the prime Agreement or the subagreement exceeds thirty thousand dollars ($30,000), the Contracting Party and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

The Contracting Party and its subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including 155 Click Here to Return to Agenda
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mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Contracting Party and its subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. The Contracting Party is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

12. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION.

The Contracting Party, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBE’s have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBE’s provided in 49 CFR 26.5, The City shows a contract goal for DBE’s. Contracting Party shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

The Contracting Party shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is Contracting Party’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the tye pf work the firm will perform on the contract. Additionally the Contracting Party is responsible to document the verification record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies the Contracting Party purchases from DBE’s counts toward the goal in the following manner:
- 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
- 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
- Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained 156 Click Here to Return to Agenda
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from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26.55 defines “manufacturer” and regular dealer.”
This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who enter into a federally-funded agreement will assist the City in a good faith effort to achieve California's statewide overall DBE goal.

12.1 DBE Goal. The Goal for DBE participation for this Agreement is 17%. Participation by DBE Contracting Party or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement.

If a DBE subconsultant is unable to perform, the Contracting Party must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

12.2 Meeting the Goal. The Contracting Party can meet the DBE participation goal by either documenting commitments to DBE’s to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Contracting Party must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If the Contracting Party has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

12.3 Contract Assurance. Under 49 DBR 26.13(b):

The Contracting Party, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contracting Party shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the Contracting Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract under Section 8.0 or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated Damages; and/or
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(4) Disqualifying the Contracting Party from future proposing as nonresponsible.

12.4 Termination and Substitution of DBE Subconsultants. The Contracting Party shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contracting Party or DBE subconsultant obtains the City’s written consent. The Contracting Party shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City. Unless the City’s consent is provided, the Contracting party shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the bid.

The City authorizes a request to use other forces or sources of materials if the Contracting Party shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City’s bond requirements.

3. Work requires a consultant’s license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE’s work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required. 158 Click Here to Return to Agenda
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10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The City determines other documented good cause.

The Contracting Party shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Contracting Party and the City of the reasons why the use of other forces or sources of materials should not occur.

The Contracting Party’s request to use other forces or materials sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from the Contracting Party to the DBE regarding the request.

3. Notices from the DBE’s to the Contracting Party regarding this request.

If a listed DBE is terminated or substituted, the Contracting Party must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

12.5 Commitment and Utilization. The City’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to the DBE utilization.

The City shall request the Contracting Party to:

1. Notify the City’s contract officer or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
- Name and business address of each 1st tier subconsultant - Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
- Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment) 159 Click Here to Return to Agenda
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If the Contracting Party is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify the Contracting Party in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the Contracting Party in writing of the certification date. The Contracting Party shall submit the notifications to the City. On work completion, the Contracting Party shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the City within 30 days of contract acceptance.

Upon work completion, the Contracting Party shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the City within 90 days of contract acceptance.

The City will withhold $10,000 until the form is submitted. The City will release the withhold upon submission of the completed form.

In the City’s reports of DBE participation to Caltrans, the City must display both commitments and attainments.

12.6 Eligibility of DBE’s. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.

12.7 A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

12.8 If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than 160 Click Here to Return to Agenda
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would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

12.9 Records. The Contracting Party shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Contracting Party’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

12.10 Decertification of DBE. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Contracting Party in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the Contracting Party in writing with the date of certification. Any changes should be reported to City’s Contract Officer within thirty (30) calendar days.

12.11Running Tally of Payments to DBE. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the City.

12.12 DBE Subcontracting. Any subcontract entered into as a result of this agreement shall contain all of the provisions of this section.

13. MISCELLANEOUS PROVISIONS.

13.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.

To City:

CITY OF LA QUINTA
Attention: Bryan McKinney, PE
78495 Calle Tampico
To Contracting Party:

TY LIN INTERNATIONAL
Joseph Smith
404 Camino del Rio South, Ste 700
San Diego, CA 92108
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La Quinta, California 92253

13.2 Contracting Party’s Reports or Meetings. The Contracting Party shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’ Contract Officer to determine, if the Contracting Party is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

13.3 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.

13.4 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.

13.5 Cost Principals. The Contracting Party agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. The Contracting Party also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to the Contracting Party that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Contracting Party to City. When Contracting Party or Subconsultant is a NonProfit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

13.6 Subcontracting. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the City and any Subconsultants, and no subagreement shall relieve the Contracting Party of its responsibilities and obligations hereunder. The Contracting Party agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contracting Party. The Contracting Party's obligation to pay its Subconsultants is an independent obligation from the City’s obligation to make payments to the Contracting Party. The Contracting Party shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Officer, except that which is expressly identified in the 162 Click Here to Return to Agenda
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Schedule of Compensation. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. Contracting Party shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Contracting Party by the City. Any substitution of Subconsultants must be approved in writing by the City Contract Officer in advance of assigning work to a substitute Subconsultant.

13.7 Prompt Progress Payment. The Contracting Party or
subconsultant shall pay to any subconsultant, no later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the Contracting Party on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the Contracting Party or subconsultant to a subconsultant, the Contracting Party or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

13.8 Prompt Payment of Withheld Funds to Subconsultants. No retainage will be held by the City from progress payments due to the Contracting Party. The Contracting Party and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Contracting Party or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Contracting Party or subconsultant in the event of a dispute involving late payment or nonpayment by the Contracting Party, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants

13.9 Equipment Purchase. Prior authorization in writing by City Contract Officer shall be required before Contracting Party enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or services. Contracting Party shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in Schedule of Compensation and exceeding five thousand dollars ($5,000), with prior authorization by City Contract Officer, three competitive quotations must be 163 Click Here to Return to Agenda
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submitted with the request, or the absence of proposal must be adequately justified. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:

Contracting Party shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated as provided for in Section 8.0, Contracting Party may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Contracting Party elects to keep the equipment, fair market value shall be determined at Contracting Party’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Contracting Party, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.

Regulation 2 CFR Part 200 requires a credit to State or Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

13.10Rebates, Kickbacks or Other Unlawful Consideration. The Contracting Party warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

13.11 Prohibition of Expending City, State, or Federal Funds for Lobbying. The Contracting Party certifies, to the best of his or her knowledge and belief, that no State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Contracting Party, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 164 Click Here to Return to Agenda
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agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Contracting Party shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. The Contracting Party also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

13.12 Debarment and Suspension Certification. The Contracting Party’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Contracting Party or any person associated therewith in the capacity of owner, partner, director, officer or manager is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.

13.13 Funding Requirements. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may 165 Click Here to Return to Agenda
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affect the provisions, terms, or funding of this Agreement in any manner. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. City has the option to terminate the Agreement pursuant to Section 8.0 or by mutual agreement to amend the Agreement to reflect any reduction of funds.

13.14Contingent Fee. Contracting Party warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Contracting Party for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

13.15 Inspection of Work. Contracting Party and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement.

13.16 Safety. Contracting Party shall comply with OSHA regulations applicable to Contracting Party regarding necessary safety equipment or procedures. Contracting Party shall comply with safety instructions issued by City Safety Officer and other City representatives. Contracting Party personnel shall wear hard hats and safety vests at all times while working on the construction project site. Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Contracting Party shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

Contracting Party shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. Contracting Party must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

13.17 Claims Filed by City’s Construction Contractor. If claims are filed by City’s construction contractor relating to work performed by Contracting Party’s personnel, and additional information or assistance from Contracting Party’s personnel is required in order to evaluate or defend against such claims; Contracting Party agrees to make its personnel available for 166 Click Here to Return to Agenda
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consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. Contracting Party’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Contracting Party’s personnel services under this Agreement. Services of Contracting Party’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

13.18 National Labor Relations Board Certification. In accordance with Public Contract Code §10296, Contracting Party hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Contracting Party, within the immediately preceding two-year period, because of Contracting Party’s failure to comply with an order of a federal court that orders Contracting Party to comply with an order of the National Labor Relations Board.

13.19 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

13.20 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.

13.21 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. Contracting Party shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by City Contract Officer.

13.22Severability. 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 167 Click Here to Return to Agenda
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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.

13.23Unfair 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.

13.24No 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.

13.25Authority. 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]
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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:

CONTRACTING PARTY:

By:

Name:

Title:

ATTEST:

MONIKA RADEVA, City Clerk
La Quinta, California
By:

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A

Page 1 of 5 ends

La Quinta City CouncilFebruary 15, 2022

La Quinta City Council
February 15, 2022