CITY COUNCIL AGENDA Page 1 of 8 APRIL 5, 2022
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, APRIL 5, 2022
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
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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
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CITY COUNCIL AGENDA Page 2 of 8 APRIL 5, 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.
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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 inClick Here to Return to Agenda CITY COUNCIL AGENDA Page 3 of 8 APRIL 5, 2022
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)].
CONFIRMATION OF AGENDA
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF
SUBDIVISION (d) OF SECTION 54956.9:
(NUMBER OF POTENTIAL CASES: 1)
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 inperson 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)].
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CITY COUNCIL AGENDA Page 4 of 8 APRIL 5, 2022
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. LIFESTREAM BLOOD BANK PRESENTATION OF “AMERICA’S BLOOD CENTERS LARRY FREDERICK AWARD” IN RECOGNITION OF RAISING
AWARENESS OF THE NEED FOR BLOOD DONATION
2. INTRODUCE NEW AND PROMOTED CITY EMPLOYEES
3. PROCLAMATION RECOGNIZING APRIL IS NATIONAL DONATE LIFE MONTH
4. X-PARK – SOFT OPENING UPDATE
5. TALUS – PROJECT STATUS UPDATE
6. 2022 BNP PARIBAS TENNIS TOURNAMENT – TRAFFIC OBSERVATIONS
SUMMARY
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
9 11
23 25
29 1. EXCUSE ABSENCE OF COMMISSIONER CASTO FROM THE MARCH 9, 2022 HOUSING COMMISSION MEETING AND COMMISSIONER
CALDWELL FROM THE APRIL 12, 2022 PLANNING COMMISSION
MEETING
2. ACCEPT DONATION OF A FIRE TRUCK FOR HISTORICAL DISPLAY FROM
JOHN ZAR
3. AUTHORIZE RADIO ADVERTISING WITH ALPHA MEDIA FOR FISCAL YEAR 2021/22
4. APPROPRIATE FIRE TAX FUNDS AND ACCEPT FIRE STATION 70 REVITALIZATION PROJECT NO. 2019-07, LOCATED ON THE
SOUTHWEST CORNER OF MADISON STREET AND AVENUE 54
5. APPROVE DECLARATION AND DISPOSAL OF SURPLUS EQUIPMENT
6. APPROVE AMENDMENT TO SUBSCRIPTION AGREEMENT WITH DELL MICROSOFT LICENSING TO PURCHASE MICROSOFT 365 AND AZURE
ACTIVE DIRECTORY FOR ADDITIONAL LICENSES FROM DELL
MICROSOFT LICENSING
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CITY COUNCIL AGENDA Page 5 of 8 APRIL 5, 2022
65 109
129
135
141
149
159
163
7. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH URBANA
PRESERVATION AND PLANNING TO CONDUCT A CITY-WIDE HISTORIC
RESOURCES SURVEY UPDATE
8. APPROVE DEMAND REGISTERS DATED MARCH 11, 18, AND 25, 2022
9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2022
10. 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)
11. APPROVE MEETING MINUTES OF JANUARY 18, 2022
12. APPROVE MEETING MINUTES OF MARCH 1, 2022
13. APPROVE SPECIAL JOINT MEETING MINUTES OF THE CITY COUNCIL AND PLANNING COMMISSION OF MARCH 1, 2022
14. APPROVE SPECIAL MEETING MINUTES OF CITY COUNCIL – ANNUAL COMMUNITY WORKSHOP OF MARCH 12, 2022
15. APPROVE MEETING MINUTES OF MARCH 15, 2022 167
BUSINESS SESSION
PAGE
1. APPROVE THE 2022 LEGISLATIVE POLICY GUIDE 175
2. APPROPRIATE FUNDS TO REPLACE THE CITY’S STREET SWEEPER IN FISCAL YEAR 2021/22
189
3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FIND FOOD
BANK AND APPROPRIATE FUNDS FOR FOOD DISTRIBUTION PROGRAMS 191
STUDY SESSION
PAGE
1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2022/23 THROUGH 2026/27 CAPITAL IMPROVEMENT PROGRAM
227
PUBLIC HEARINGS – NONE
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CITY COUNCIL AGENDA Page 6 of 8 APRIL 5, 2022
DEPARTMENTAL REPORTS
1. CITY MANAGER – MARKETING QUARTERLY REPORT JANUARY –
MARCH 2022
241
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY RESOURCES
5. DESIGN AND DEVELOPMENT
6. FINANCE
7. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
REPORTS AND INFORMATIONAL ITEMS
1. CVAG CONSERVATION COMMISSION (Evans)
2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)
3. CVAG EXECUTIVE COMMITTEE (Evans)
4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)
5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans)
6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)
7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)
8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)
9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)
10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (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)
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)
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CITY COUNCIL AGENDA Page 7 of 8 APRIL 5, 2022
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)
30. HOUSING COMMISSION SPECIAL MEETING MINUTES DATED JANUARY 26, 2022
247
31. COMMUNITY SERVICES COMMISSION MINUTES DATED DECEMBER 13, 2021
251
32. PLANNING COMMISSION MINUTES DATED JANUARY 11, 2022 255
33. PLANNING COMMISSION MINUTES DATED JANUARY 25, 2022 263
ADJOURNMENT
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The next regular meeting of the City Council will be held on April 19, 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 April 1, 2022.
DATED: April 1, 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 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.
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CITY COUNCIL AGENDA Page 8 of 8 APRIL 5, 2022
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: April 5, 2022
STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER CASTO FROM THE MARCH 9, 2022 HOUSING COMMISSION MEETING AND COMMISSIONER CALDWELL FROM THE APRIL 12, 2022 PLANNING COMMISSION MEETING
RECOMMENDATION
Excuse absence of Commissioner Virginia (Gia) Casto from the March 9, 2022 Housing Commission meeting and Commissioner Mary Caldwell from the April 12, 2022 Planning Commission meeting.
EXECUTIVE SUMMARY
On March 9, 2022, Commissioner Casto advised staff that she could not attend the Housing Commission meeting that day due to illness.
Commissioner Casto has no excused or unexcused absences for fiscal year 2021/22.
On March 2, 2022, Commissioner Caldwell requested to be excused from the April 12, 2022 Planning Commission meeting due to personal reasons.
Commissioner Caldwell has no excused or unexcused absences for fiscal year 2021/22.
FISCAL IMPACT
No meeting attendance compensation is paid to absent members.
BACKGROUND/ANALYSIS
The Municipal Code states: “If any member of a board, commission or committee absents him/herself from two consecutive regular meetings, or absents him/herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after-the-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above-stated limitations on absences.” CONSENT CALENDAR ITEM NO. 1
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ALTERNATIVES
Council may deny this request, which would result in the absence(s) being counted toward the Commissioners’ limitation on absences as noted above.
Prepared by: Laurie McGinley, Acting Deputy City Clerk
Approved by: Monika Radeva, City Clerk
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: ACCEPT DONATION OF A FIRE TRUCK FOR HISTORICAL
DISPLAY FROM JOHN ZAR
RECOMMENDATION
Accept donation of a fire truck for historical display from John Zar.
EXECUTIVE SUMMARY
• A donation of a 1930 Ford Model fire truck has been offered by John Zar for City historical display and event use.
• Pursuant to State of California Government Code, Section 37354, the legislative body may accept or reject any gift, bequest, or devise made to or for the City, or to or for any of its officers in their official capacity or in trust for any public purpose.
• Upon Council approval, the City Manager will provide an acceptance letter to the donor and will work with City staff on potential locations for display and incorporation into events.
FISCAL IMPACT
The estimated value of the Fire truck is $28,500 to $32,000. Due to the condition and potential event use of the truck, the estimated maintenance costs are approximately $1,000 annually.
BACKGROUND/ANALYSIS
The 1930 Ford Model fire truck is in excellent condition and comprised of original parts. It is fully functional and would be added to the City’s fleet inventory. The La Quinta Fire Department was consulted about the vehicle and determined it could be used at community events, parades, and as an educational opportunity on the history of fire services while showcasing this antique vehicle. The vehicle would be stored at the City’s Corporate Yard or Fire Station. Mr. Zar requested that it be showcased to the community and incorporated into events/programs.
The City plans to include it in various upcoming opportunities at events, museum, and the library.
CONSENT CALENDAR ITEM NO. 2
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ALTERNATIVES
Council may accept/not accept this donation.
Prepared by: Claudia Martinez, Finance Director
Approved by: Jon McMillen, City Manager
Attachment: 1. Vehicle Appraisal and photos
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ATTACHMENT 113 Click Here to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: AUTHORIZE RADIO ADVERTISING WITH ALPHA MEDIA FOR FISCAL YEAR 2021/22
RECOMMENDATION
Authorize radio advertising with Alpha Media for up to $65,000 for Fiscal Year 2021/22.
EXECUTIVE SUMMARY
• Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council.
• Due to the extended outreach for IRONMAN 70.3 for $25,000, the previously approved contract with Alpha Media has exceeded the original contract amount.
FISCAL IMPACT
The additional radio campaign of $25,000 for IRONMAN 70.3 Indian Wells La Quinta through Alpha Media was Community Resources Account No. 101-3003- 60149. The previously approved contract for $36,000 with Alpha Media is budgeted in the Marketing budget 101-3007-60461 for Fiscal Year 2021/22.
BACKGROUND/ANALYSIS
Alpha Media is a sole source vendor for radio services as they oversee most local radio stations in the Coachella Valley. The City has an annual contract with Alpha Media for community outreach regarding Shop Local, Recycling, COVID-19 information, and Community Events. The additional buy for IRONMAN 70.3 was part of the Community Outreach to inform residents of the event in order to assist with avoiding extreme traffic and delays in the City and surrounding areas.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Gilbert Villalpando, Director
CONSENT CALENDAR ITEM NO. 3
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: APPROPRIATE FIRE TAX FUNDS AND ACCEPT FIRE STATION 70 REVITALIZATION PROJECT NO. 2019-07, LOCATED ON THE SOUTHWEST CORNER OF MADISON STREET AND AVENUE 54
RECOMMENDATION
Appropriate additional Fire Tax Funds in the amount of $1,289; Accept the Fire Station 70 Revitalization Project as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $29,049, thirty-five days after the Notice of Completion is recorded.
EXECUTIVE SUMMARY
• The Fire Station 70 Revitalization project included interior cosmetic improvements to dormitories, restrooms, office, and reception area; improvements to the exterior patio covering; removal and replacement of existing generator with concrete pad and automatic transfer switch; and installation of exterior window fixtures.
• Additional funding is required to close-out the project due to additional scope requested to bring the electrical up-to-code and to place conduits throughout the building for the Fire Department IT to use for the emergency signals.
• The work is complete and Council acceptance will close the contract and allow final payment.
FISCAL IMPACT
Additional Fire Tax Funds are requested in the amount of $1,289 to complete the project, bringing the total revised budget to $685,289. The following is the financial accounting for Project No. 2019-07:
Original Contract Amount $ 539,000.00
Change Orders No. 1 - 2 $ 41,977
Final Contract Amount $ 580,977
CONSENT CALENDAR ITEM NO. 4
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Revised Project Budget $ 685,289
Final Contract Amount ($ 580,977)
Design, Professional, & Personnel Costs ($ 101,805)
Inspection, Survey, Plans, & Other Construction Costs ($ 2,507) Remaining Balance $0.00
* All costs to date have been accounted for and no further costs are anticipated.
The final retention amount of $29,049 will be paid from account number 401- 0000-20600.
BACKGROUND/ANALYSIS
On March 16, 2021, Council awarded a $539,000 contract to R Dependable Const Inc.
On May 5, 2021, a Notice to Proceed was issued with a 110-working day completion time starting on May 10, 2021 and ending on October 13, 2021.
The project was deemed substantially complete on March 17, 2022.
Contract Change Orders No. 1 and 2 were issued to allow for additional work.
Additional funding is required to close-out the project due additional scope requested to bring the electrical up-to-code and to place conduits throughout the building for the Fire Department IT to use for the emergency signals.
The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Carley Escarrega, Management Assistant
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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ATTACHMENT 1
2019-07 Fire Station 70 Revitalization Project
Vicinity Map
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: APPROVE DECLARATION AND DISPOSAL OF SURPLUS
EQUIPMENT
RECOMMENDATION
Approve the declaration and disposal of surplus equipment.
EXECUTIVE SUMMARY
• The City has accumulated surplus, obsolete and non-functional equipment that has limited market value (Surplus).
• Pursuant to the City’s Surplus Supplies and Equipment Policy (Policy), Council must declare property surplus prior to sale.
• Upon Council approval, a notice for bid will be advertised in The Desert Sun and the City’s website.
FISCAL IMPACT
Proceeds from equipment sales will be deposited into the original Fund they were purchased from. Advertising cost in The Desert Sun will be approximately $200 and is budgeted in Finance (101-1006-60450, Advertising).
BACKGROUND/ANALYSIS
The Surplus consists of both functioning and non-functioning equipment that is no longer needed or has outlived its purpose (Attachment 1). Surplus items are identified by Department Directors as outlined by Policy. The Finance Department consolidates the items for Council’s review.
Upon Council approval, Surplus will be advertised for bid in The Desert Sun and the City website.
Staff is proposing the following schedule:
• Publication posting: April 8 and April 15, 2022
• Bid deadline: April 22, 2022
• Bid opening: April 25, 2022
Per Policy, if no bids are received, the surplus equipment will be sold at auction, donated to a non-profit organization, or discarded.
CONSENT CALENDAR ITEM NO. 5
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ALTERNATIVES
Staff does not recommend an alternative action; this process occurs so that the City may discard surplus property and equipment.
Prepared by: Jessica Delgado, Management Assistant
Approved by: Claudia Martinez, Finance Director
Attachment: 1. List of Surplus Property and Equipment
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Item
Number Photo Item Model/Brand/Description Serial number Condition 1246 Trash pump Wacker R, 6", Year 2005, 250' Of
Discharge Hose Lombardini Engine VIN 1W9PS05165M203055 USED 1247 Tandeem Axle Trailer Big Tex, Year 1996, 16' X 6", GVRW 5,900 lbs, SVNX76220V1CS6537 USED
1248 Speed Trailer Smart Speed Trailer Unknown USED
1249 Boomlift Trailer Niftylift TM33, Year 1996, MAX
CAP 440 LBS Unknown USED
1250 Utility Trailer
Big Tex, Year 1996, Single Axle,
GVWR 2995 LBS, 12' long 5' Wide
With Honda Pump Motor
VIN 25VAX1210M1A17737 USED
1251 HVAC Package Unit
Tempstar, Model #
PHD442000K000E1, 2-5 Ton
Capacity Heat & AC
Unknown USED
ATTACHMENT 1
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Item
Number Photo Item Model/Brand/Description Serial number Condition 1252 HVAC Package Unit
Tempstar, Model #
PHD442000K000E2, 2-5 Ton
Capacity Heat & AC
Unknown USED
1253 3 Axle Trailer
Zieman 2640, License Plate:
E323326, GVWR 21,500 LBS, Year
1986, 18' Long 8' Wide 5'
Beavertail
VIN 1ZCE29E34GZP12725 USED
1379 Exercise Bike Precor USA, Model # C8421 Unknown Fair 1381 Hacksaw With Blades
PORTLAND, Model # 90446, 10 in.
mini hacksaw accepts all standard
hacksaw blades
Multi-use saw handle with cushion
grip accepts hacksaw and
reciprocating blades
14 assorted blades (Traditional
Haksaw not included)
N/A Fair
1382 Saw PORTLAND, Model # 66562, 12"
Miter Box and 13-1/2" Saw N/A Fair
1383 Aviation Snips PITTSBURGH, Model # 62157, 3
Piece Set N/A Good
1384 Air Carbon Filter
iPower GLFILT4M, 4 Inch Silver
Air Carbon Filter Indoor Plants
Grow Tent Odor Control Scrubber
with Australia Activated C for
Inline Fan
N/A Fair
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Item
Number Photo Item Model/Brand/Description Serial number Condition 1385 Saw Rotary Cutter RYOBI P531, 18-Volt ONE+ SPEED
(Tool Only) CS18142D050717 Good
1386 Grinder RYOBI BG612G, 2.1 Amp, 6 in.
with LED Lights FG18152D0192619 Good
1387 Sewing Machine With Table and Servo
Motor
Consew CN2053R-1A, Single
Needle Drop Feed Zig-Zag
Lockstitch Industrial Sewing
Machine With Table and Servo
Motor
8010558934 Fair
1388 Sewing Machine With Table and Servo
Motor
Consew Cn2053R-1A, Single
Needle Drop Feed Zig-Zag
Lockstitch Industrial Sewing
Machine With Table and Servo
Motor
8010559114 Fair
1390 Home gym set Parabody Ex 350 Unknown Fair
1391 Treadmill Totter CXT Unknown Poor
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Item
Number Photo Item Model/Brand/Description Serial number Condition 1392 Stackable Chairs 12 Total, Color Green N/A Poor
1393 Stackable Chairs 2 Total, Color Burgundy N/A Poor
1394 Stackable Chairs 3 Total, Color Blue N/A Poor
1395 Refrigerator Whirlpool, Model # ET1FTKXK009,
White Top Freezer Unknown Fair
1396 Filing Cabinet Large, Black, Office 4-Drawer
Filing Cabinet Unknown Fair
1397 Microwave Whirlpool, Model # D26, White
Top Freezer 709KMO1177 Poor
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Item
Number Photo Item Model/Brand/Description Serial number Condition 1398 Microwave Sharp, Color Black Unknown Poor
1399 Dishwasher Frigidaire, Color White, Model
FDB510LCS3 TH72180537 Unknown
1400 T.V.
Flat Screen, Model #
26PF5321D/37, Includes Remote
and Wall Mount
YA1A0621019459 Unknown
1401 Ink Jet Plotter Hewlett Packard C6074A SG0533311J Good 1402 Printer Xerox 8825, VS. 2.7, Year 1998 N5T-699066/3070304316 Good 1403 Scanner Xerox 7356, Year 1997 D8W030431 Good
1404 Office Supplies 1 Box of Several Items N/A Unknown 1405 Office Supplies 1 Box of Several Items N/A Unknown 1406 Non-Conductive Probes 5 Total Unknown Good
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Item
Number Photo Item Model/Brand/Description Serial number Condition 1407 Scale Reading Theodolite w/Tripod Unkown Unknown Unknown 1408 Estimator Agtek Unknown Unknown
1409 Filing Cabinet 4-Drawer, Color Black N/A Fair
1410 T.V. Vizio E500I-B1 flat screen LTMWPLJQ4562234 Unknown 1411 T.V. Vizio E60-C3 flat screen,
Damaged Screen
LFTRRZAR1300751 Unknown
1412 T.V. Vizio E500I-B1 flat screen LTMWPLEQ4566026 Unknown WC-1 Chair Aqua Blue, Commercial Chair N/A Poor
WC-2 Chair Aqua Blue, Commercial Chair N/A Fair
WC-3 Stool White - Linen - commerical N/A Fair
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Item
Number Photo Item Model/Brand/Description Serial number Condition WC-4 Speaker w Microphone Liberty MPB-4600, Color Black D22588 Fair WC-5 Chair Aqua Blue, Commercial Chair N/A Fair
WC-6 Chair Aqua Blue, Commercial Chair N/A Fair
WC-7 Table King Arthur, 6' X 18" Commercial
Grade, Color Pink N/A Good
WC-8 Table National, 6' x 2.5'Commercial
Grade Computor Table, Color Tan N/A Good
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT TO SUBSCRIPTION AGREEMENT WITH DELL MICROSOFT LICENSING TO PURCHASE MICROSOFT 365 AND
AZURE ACTIVE DIRECTORY FOR ADDITIONAL LICENSES FROM DELL
MICROSOFT LICENSING
RECOMMENDATION
Approve an Amendment to the Subscription Agreement with Dell Microsoft Licensing to purchase additional Microsoft 365 and Azure Active Directory licenses for a total amount of $6,870; approve a contingency budget of $16,436 for a contract total amount not-to-exceed $140,000 for the term of the contract; and authorize the City Manager to execute amendment.
EXECUTIVE SUMMARY
• The City continues to use Microsoft products and has been satisfied with the products’ reliability.
• Office 365 is the foundation of the City’s communication infrastructure that provides enhanced security features, productivity, and collaboration tools
• Due to Office 365 being dependent upon Azure Active Directory services, subscriptions to both are necessary.
• This Amendment provides for the purchase of an additional eleven (11) Dell Microsoft Licenses and eight (8) Active Azure Directory licenses requested to meet staff needs throughout the organization.
FISCAL IMPACT
The existing contract for licenses is $116,694 (Attachment 1). Total cost for the additional licenses will be $6,870 (Attachment 2), bringing the new contract total to $123,564 for the balance of the three (3) year term.
Additionally, a contingency budget of $16,436 is included for any additional licenses needed during the balance of the term, increasing the total not to exceed three (3) year contract to $140,000. If approved, funds will be budgeted in the Information Technology Fund (502-0000-60301, Software Licenses) as the remainder of the contract term continues until March 2024.
CONSENT CALENDAR ITEM NO. 6
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Contract Fiscal Year Dollar
Amount Account #
Original Contract
Amount
2021 -
2024 $116,694
502-0000-60301,
Software Licenses
Amendment For
New Licenses 2021/2022 $6,870
Contingency Budget 2022 -
2024 $16,436
New Total
Contract Amount
Not-To-Exceed
2021 -
2024 $140,000
Contract Payment Schedule
Fiscal Year Original New (If Approved)
21/22 $38,898 $45,768
22/23 $38,898 $38,898
23/24 $38,898 $38,898
Total Cost $116,694 $123,564
BACKGROUND/ANALYSIS
In March 2021, the City entered into a three-year subscription agreement with Dell Microsoft Licensing for licensing of both Office 365 and Azure Active Directory. The terms of the initial agreement allowed for 150 licenses to be provided to staff and emergency operations center. As operational changes occur, the procurement of additional licenses may be necessary. Per the original agreement, additional licenses are to be purchased through an Amendment, detailing any charges that occur outside of the annual $38,898 fee.
Upon Council’s approval, 11 licenses would be purchased immediately with additional licenses budgeted for the remainder of the contract term, which terminates March 2024.
ALTERNATIVES
As these services are essential for City Hall’s communication infrastructure, staff does not recommend an alternative.
Prepared by: Doug Kinley, Management Analyst
Approved by: Jon McMillen, City Manager
Attachments: 1. Dell Licensing Agreement
2. Dell Licensing Invoice
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Microsoft
Program Signature Form
MBA/ MBSA number
Agreement number 8084445
Volume Licensing
5- 0000006706979
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.
For the purposes of this form, " Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Choose A reement> Document Number or Code
Choose A reement> Document Number or Code
Choose A reement> Document Number or Code
Choose A reement> Document Number or Code
Choose A reement> Document Number or Code
Enterprise Enrollment X20- 10635
Choose Enrollment/ Re istration> Document Number or Code Choose Enrollment/ Re istration> Document Number or Code Choose Enrollment/ Re istration> Document Number or Code Choose Enrollment/ Re istration> Document Number or Code Product Selection Form 1055219. 003 New
Amendment M97 New
Amendment W29 New
Document Description Document Number or Code
Document Description Document Number or Code
By signing below, Customer and the Microsoft Affiliate agree that both parties ( 1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and ( 2) agree to be bound by the terms of all such documents.
Name of Entity ( must
Signature*
Printed First and Las
Printed Title City Manager
entity name)* City of La Quinta
Jon McMillen
Signature Date* March 25, 2021
Tax ID
indicates required field
ProgramSignForm ( MSSign)( NA, LatAm) ExBRA, MLI( ENG)( May202O) Page 1 of 2 Document X20-12883 ATTACHMENT 141 Click Here to Return to Agenda
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
MaryAnn Holland
Authorized Signer
Signature Date Mar 16, 2021
date Microsoft Affiliate countersigns)
I _
Agreement Effective Date
may be different than Microsoft' s signature date)
Optional 2" d Customer signature or Outsourcer signature ( if applicable) I
Name of Entity ( must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
indicates required field
Signature Date*
indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form( s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer' s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
ProgramSignForm( MSSign)( NA, LatAm) ExBRA, MLI( ENG)( May2020) Page 2 of 2 Document X20- 12883
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Microsoft I Volume Licensing
Discount Transparency Disclosure Form
Date: 3/ 8/ 2021
Program: Enterprise 6
Enrollment Number: Renewal
Quote Number: 1055219. 003
Partner Name: Dell Inc.
Reseller Address: One Dell Way
RoundRock, TX, United States, 78682-7000
Discount Details
For this enrollment, Microsoft provided the Customer' s Partner an additional discount off of the Partner' s Net Price. The Partner is required, by Microsoft, to pass on the additional discount to the Customer by reducing the Microsoft Product resale price by an amount equal to or greater then the discount.
Listed in the table below is the maximum price the partner may charge for the Microsoft Products to be ordered under this enrollment. The Maximum Resale Price ( MRP) is calculated by subtracting the additional discount provided to the Partner, from the total estimated resale price for the Microsoft Products.
The requirement to pass through the additional discount, does not mean that Microsoft is setting the Customer' s actual price. Partners remain free to set the price charged for Microsoft Products at any point equal to or below MRP. The Customer' s actual price will be established by a separate agreement between Customer and its Partner.
Ordered Products
Currency Maximum Resale Price
US Dollar 147, 690
Note: The Maximum Resale Price listed in the table above only pertains to the Microsoft Products to be ordered under this Enrollment The content of this form has no impact on the Customer' s price for Non -Microsoft products and services.
In this form, the following definitions apply:
Customer' means the entity that may enter or has entered into a Contract with the Partner.
Contract" means a binding agreement between the Partner and Affiliate, under which Customer orders Products from Partner, Microsoft" means ( 1) the entity that has entered into an agreement with Partner under which Partner may place orders for Microsoft Products for use by the Customer and ( 2) the affiliates of such entity, as appropriate.
Maximum Resale Price" means the sum of the Estimated Retail Price for all Microsoft Products ordered under the Customer Contract minus the aggregated discount off of the Partners Net Price provided by Microsoft listed in the currency in which the Partner or Partners reseller transacts with Microsoft.
Product" means all Microsoft Products identified in the Product Terms, such as all Software, Online Services, and other web - based services, including pre- release or beta version. Microsoft product availability may vary by region.
Partner: Dell, Inc.
Customer:
Signature of Customer' s authorized representative:
Printed name: Jon McMillen
Printed title: City Manager
Date: March 22, 2021
im
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mom Microsoft
Amendment to Contract Documents
Enrollment Number
Volume Licensing
5- 0000006706979
This amendment (" Amendment") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement.
Enterprise Enrollment ( Indirect)
Invoice for Quoted Price
Amendment ID M97
The price quoted to Enrolled Affiliate' s Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate' s Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate' s Reseller will be charged for net new Monthly S bscrinfiinnc finrliiiriinn Online Serviracl fnr thg npriod dosing which these Servirp__s were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate' s Reseller.
SKU Number ! SKU Description
Iquantities
Existing Quantity Incremental
AAA- 11894 O365GCCE3 ShrdSvr ALNG
SubsVL MVL
PerUsr
150
MQM- 00001 AzureActiveDrctryPremP1GCC
ShrdSvr ALNG
SubsVL MVL PerUsr
150
Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control.
This Amendment must be attached to a signature form to be valid.
AmendmentApp v4. 0 M97 8
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Microsoft Internal Use Only:
M97) EnrAmend( Ind)( InvoiceforQuotedPrice)( M97 B
ENG Oct2020 IU . docx
AmendmentApp v4. 0 M97
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Microsoft
Enterprise Enrollment
Enterprise Enrollment number
Microsoft to complete)
Previous Enrollment number 86433341
Reseller to complete)
Volume Licensing
Framework ID
if applicable)
State and Local
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.
This Enrollment consists of: ( 1) these terms and conditions, ( 2) the terms of the Enterprise Agreement identified on the signature form, ( 3) the Product Selection Form, ( 4) the Product Terms, ( 5) the Online Services Terms, ( 6) any Supplemental Contact Information Form, Previous Agreement/ Enrollment form, and other forms that may be required, and ( 7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at htta:// www. microsoft. comilicensing/ contracts. In the event of any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to " anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:
Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
Community" means the community consisting of one or more of the following: ( 1) a Government, ( 2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer' s regulatory requirements.
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Membership in the Community is ultimately at Microsoft' s discretion, which may vary by Government Community Cloud Service.
Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program.
Expiration Date" means the date upon which the Enrollment expires.
Federal Agency" means a bureau, office, agency, department or other entity of the United States Government.
Government" means a Federal Agency, State/ Local Entity, or Tribal Entity acting in its governmental capacity.
Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft' s multi -tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology ( NIST) Special Publication 800- 145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
Industry Device" ( also known as line of business device) means any device that: ( 1) is not useable in its deployed configuration as a general purpose personal computing device ( such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and ( 2) only employs an industry or task -specific software program ( e.g. a computer -aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions ( such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: ( 1) may only be used for the purpose of supporting the Industry Program functionality; and ( 2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality.
Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one. or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate' s Enterprise and is: ( 1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: ( 1) designated as a server and not used as a personal computer, ( 2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above ( e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate' s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected.
Qualified User' means a person ( e. g., employee, consultant, contingent staff) who: ( 1) is a user of a Qualified Device, or ( 2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement; Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.
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State/ Local Entity" means ( 1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer' s state and located within Customer' s state' s jurisdiction and geographic boundaries.
Tribal Entity" means a federally -recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U. S. Department of Interior by virtue of its status as an Indian tribe.
Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement ( on -screen or otherwise) that accompanies a Product.
Volume Licensing Site" means htto:// www. rnicrosoft. com/ licensing/ contracts or a successor site.
2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate' s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate' s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term " price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
I) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.
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ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are ( 1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users ( if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services.
ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered.
iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise - wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users ( if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders.
Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise - wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate' s use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate' s Enterprise: ( 1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and ( 2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate' s authorized representative.
vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA20201 EnrGov( US) SLG(ENG)(0ct2019) Page 4 of 10
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may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period.
vii) Late true -up order. If the true -up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date ( or at Enrollment renewal, as applicable). h. Step- up Licenses. For Licenses eligible for a step- up under this Enrollment, Enrolled Affiliate may step- up to a higher edition or suite as follows:
1) For step- up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process.
ii) If step- up Licenses are not included on an initial order, Enrolled Affiliate may step- up initially by following the process described in the Section titled " Adding new Products not previously ordered," then for additional step- up Licenses, by following the true -up order process.
L Clerical. errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate' s Price Level for all Products ordered under this Enrollment will be Level " D° throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate' s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft' s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft' s prices to Resellers are reestablished at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled Affiliate' s Reseller in three equal annual installments. . The first installment will be invoiced upon Microsoft' s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36- month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
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Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew.
i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month -to -month (" Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end ofthe month following 30 days after Microsoft has received or issued the notice.
III) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate' s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the " Early Termination" Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non -Community members is strictly prohibited and could result in termination of Enrolled Affiliate' s license( s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply EA20201 EnrGov( US) SLG( ENG)( 0ct2019) Page 6 of 10
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to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
1) Government Community Cloud Services will be offered only within the United States. ii) Additional European Terms, as set forth in the Use Rights, will not apply. iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.
EA20201 EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10
Document X20- 10635
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Enrollment Details
I. Enrolled Affiliate' s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. ( Required) Enrolled Affiliate' s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.
Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:
Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate( s) ( Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise):
Enrolled Affiliate and all Affiliates, with following Affiliate( s) excluded:
b. Please indicate whether the Enrolled Affiliate' s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page( s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at hftps:// www. microsoft. com/ licensing/ aervicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate' s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity ( must be legal entity name)* City of La Quinta Contact name* First Gilbert Last Villalpando
Contact email address* gvillaipando@laquintaca. gov
Street address* 78495 Calle Tampico
City* La Quinta
EA20201 EnrGov( US) SLG(ENG)( 0ct2019) Page 8 of 10
Document X20- 10635
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State* CA
Postal code* 92253- 2839
Please provide the zip + 4, e. g. xxxxx- xxxx)
Country* USA
Phone* 760- 777- 7094
Tax ID
indicates required fields
b. Notices contact and Online Administrator. This contact ( 1) receives the contractual notices, 2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and ( 3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping - up prior to a true -up order.
Same as primary contact ( default if no information is provided below, even if the box is not checked).
Contact name* First Last
Contact email address*
Street address*
City*
State*
Postal code* -
Please provide the zip + 4, e.g. xxxxx- xxxx)
Country*
Phone*
Language preference, Choose the language for notices. English This contact is a third party ( not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and ( for applicable Online Services) to add or reassign Licenses and step- up prior to a true -up order.
Same as notices contact and Online Administrator ( default if no information is provided below, even if box is not checked)
Contact name*: First Last
Contact email address*
Phone*
This contact is from a third party organization ( not the entity). Warning: This contact receives personally identifiable information of the entity. indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* Dell Inc.
Street address ( PO boxes will not be accepted)* One Dell Way City* Round Rock
State* TX
Postal code* 78682
Country* United States
Contact name* Government Contract Admin
Phone* 847- 465- 3700
Contact email address* US_ MS_ VL Admin@Dell. com
indicates required fields
EA20201EnrGov( US) SLG( ENG)( 0ct2019) Page 9 of 10
Document X20- 10635
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By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.
Signature*
Printed name* RoseAnn Bretzman
Printed title* Analyst
Date* 3/ 15/ 2021
indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.
1) Additional notices contact
ii) Software Assurance manager
iii) Subscriptions manager
iv) Customer Support Manager ( CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, ® No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft.
EA20201EnrGov( US) SLG( ENG)( 0ct2019) Page 10 of 10
Document X20- 10635
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Enterprise Enrollment Product Selection Form
Proposal ID
1055219. 003
Language: English ( United States)
Microsoft I Volume Licensing
Enrollment Number
Enrolled Affiliate' s Enterprise Products and Enterprise Online Services summary for the initial order:
Qualified Device / User CAL Licensing
Profile
Devices
Users
Ratio
Enterprise Product Platform
Model
Qualified
Enterprise 150 150 1. 0 No User Licenses
Products Enterprise Quantity
10365 GCC E3 150
Enrolled Affiliate' s Product Quantities:
Price Group 1 2 I
3 4
Enterprise Products Office Professional Plus + Client. Ac: ass License + Client Access Kin E3 + Win E5 + Office 365 ProPlus + Office Office 365 ( Plans E1, E3 License + Windows Kin VDA + 365 ( Plans E3 and E5) + and E5) + Microsoft 365 IIntune + EMS USL + IMicrosoft 365 Microsoft 365 Enterprise Enterprise Microsoft 365 Enterprise Enterprise
Quantity 150 150 0 0
Enrolled Affiliate' s Price Level:
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4. D
NOTES
otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described based upon the quantity to price level mapping below:
Quantity of Licenses and Software Assurance Price Level
EA- EASProdSelForm( WW)(ENG) MS Quote
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Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing 2, 399 and below A
2, 400 to 5, 999 B
6, 000 to 14,999 C
15, 000 and above D
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased.
Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level " A" throughout the term of the Enrollment Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling.
EA-EASProdSelForm(WW)(ENG)
MS Quote
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Volume Licensing
Enterprise
Sub 250 Program
Amendment ID W29
Enrollment Number
This amendment (" Amendment") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement.
The parties agree that the Enrollment is amended as follows:
1. On the first page of the Enrollment, the following is added after the second paragraph:
By entering into this Enrollment, the Enrolled Affiliate agrees that ( 1) it also has 25 or more Qualified Devices or Qualified Users; or ( 2) as a condition of entering into this Enrollment with 25- 249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25- 249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for a fee.
The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this Amendment may not be contingent on submittal of a new Enterprise Agreement.
2. Section 2a of the Enrollment titled " Order Requirements" is hereby amended and restated in its entirety with the following:
a. Minimum Order Requirements. Enrolled Affiliate' s Enterprise must have a minimum of 25 Qualified Users or Qualified Devices.
1) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form.
ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate' s initial order must include an Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online Services.
3. Software Assurance renewal.
Renewing Software Assurance: If Enrolled Affiliate will be renewing Products Software Assurance coverage from a separate agreement, check this box.
EAEnrAmend( NA)( ENG)( May2018) Sub 250 Program O
w29 Page 1 of 2
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By checking the above box, a new section is added to the Enrollment entitled " Software Assurance Addition."
Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program' s identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License.
Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect.
Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. iThis Amendment must be attached to a signature form to be valid. I EAEnrAmend( NA)( ENG)( May2018) Sub 250 Program O
W29 Page 2 of 2
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City of La Quinta PRE SIG Final Audit Report 2021- 03- 16 Created: 2021- 03- 15
By: Roseann Bretzmann ( Roseann_ Bretzmann@Dell. com)
Status: Signed
Transaction ID: CBJCHBCAABAAdMjRa_ g0ONJO0sge4TmR5FTIWa16DMjl City of La Quinta PRE SIG" History
Document created by Roseann Bretzmann ( Roseann_ Bretzmann@Dell. com) 2021- 03- 15 - 2: 40: 25 PM GMT- IP address: 76. 29. 62. 1 Document emailed to MaryAnn Holland ( v- maryv@microsoft. com) for signature 2021- 03- 15 - 2: 41: 07 PM GMT
Email viewed by MaryAnn Holland ( v- maryv@microsoft. com) 2021- 03- 16 - 3: 49: 35 PM GMT- IP address: 104. 47. 53. 254 bo Document e-signed by MaryAnn Holland ( [email protected]) Signature Date: 2021- 03- 16 - 3: 50: 08 PM GMT - Time Source: server- IP address: 99. 46. 27. 157 ID Agreement completed.
2021- 03- 16 - 3: 50: 08 PM GMT
D" Z7- hnologies I q& beSip
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A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 1032499692962.1
Total $6,869.86
Customer # 24023610
Quoted On Feb. 04, 2022
Expires by Apr. 05, 2022
Contract Code C000000649501
Sales Rep Daniel Allen
Phone (800) 456-3355, 7288847
Email [email protected]
Billing To LISA CHAUDHRY
CITY OF LA QUINTA
78495 CALLE TAMPICO
LA QUINTA, CA 92253-2839
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you're ready to place an order.
Thank you for shopping with Dell!
Regards,
Daniel Allen
Shipping Group
Shipping To
GILBERT VILLALPANDO
78495 CALLE TAMPICO
LA QUINTA, CA 92253-2839
(760) 777-7094
Product Unit Price Quantity Subtotal
VLA O365GOVE3 SHRDSVR ALNG SUBSVL MVL
PERUSR
$548.80 8 $4,390.40
VLA O365GOVE3 SHRDSVR ALNG SUBSVL MVL
PERUSR
$445.90 3 $1,337.70
VLA ENTERPRISE AZURE ACTIVE DRCTRY PREMP1GCC
SHRDSVR ALNG SUBSVL MVL PERUSR
$142.72 8 $1,141.76
ATTACHMENT 2 61 Click Here to Return to Agenda
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$6,869.86
$0.00
$0.00
$0.00
$0.00
$0.00
$6,869.86
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Shipping Group Details
Shipping To
GILBERT VILLALPANDO
78495 CALLE TAMPICO
LA QUINTA, CA 92253-2839
(760) 777-7094
Quantity Subtotal
VLA O365GOVE3 SHRDSVR ALNG SUBSVL MVL PERUSR
Contract # C000000649501
$548.80 8 $4,390.40
Description SKU Unit Price Quantity Subtotal
VLA O365GOVE3 SHRDSVR ALNG SUBSVL MVL PERUSR AB975544 - 8 - Quantity Subtotal VLA O365GOVE3 SHRDSVR ALNG SUBSVL MVL PERUSR
Contract # C000000649501
$445.90 3 $1,337.70
Description SKU Unit Price Quantity Subtotal
VLA O365GOVE3 SHRDSVR ALNG SUBSVL MVL PERUSR AB975545 - 3 - Quantity Subtotal VLA ENTERPRISE AZURE ACTIVE DRCTRY PREMP1GCC
SHRDSVR ALNG SUBSVL MVL PERUSR
Contract # C000000649501
$142.72 8 $1,141.76
Description SKU Unit Price Quantity Subtotal
VLA ENTERPRISE AZURE ACTIVE DRCTRY PREMP1GCC
SHRDSVR ALNG SUBSVL MVL PERUSR AB975546 - 8 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$6,869.86
$0.00
$0.00
$0.00
$6,869.86
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Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice.
Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable.
Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a-Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end-user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier.
Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S.
Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
URBANA PRESERVATION AND PLANNING TO CONDUCT CITYWIDE
HISTORIC RESOURCES SURVEY UPDATE
RECOMMENDATION
Approve Agreement for Contract Services with Urbana Preservation and Planning in the amount of $58,770 to conduct a citywide Historic Resources Survey Update and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
• The City was surveyed for historic resources in 1996-1997 and 2006, and a Summary of Findings of those surveys completed in 2012. Survey update is required by the City’s General Plan to include an update to the previous surveys.
• Funding for the La Quinta City-Wide Historic Resources Survey Update (Project) has been included in the City’s Planning Department budget for Fiscal Year 2021-2022. Funding may be required to carry over to the next Fiscal Year based on project schedule.
• A request for proposals (RFP) for survey services was issued in December 2021 and six (6) proposals were received.
• Urbana Preservation and Planning (Urbana) was selected as the most qualified firm to provide the requested services (Attachment 1).
FISCAL IMPACT
The Planning Fiscal Year (FY) 2021/22 budget includes funding for professional services for this project in the amount of $58,770 (101-6002-60103 Professional Services). Funds will likely be required to carry over to FY 2022/23 based on project schedule. The following is the project budget:
CONSENT CALENDAR ITEM NO. 7
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Project Budget
Meetings $ 2,530
Research $ 17,900
Survey $ 15,200
Reporting $ 23,140
TOTAL: $ 58,770
BACKGROUND/ANALYSIS
The City was surveyed for historic resources in 1996-1997 and 2006, and a Summary of Findings of those surveys completed in 2012. As a result, 261 properties (buildings, objects, and a potential historic district) were identified as having some level of historic significance. The Project survey update will include:
- Resources that were recorded and may have been demolished, - Previously surveyed properties which now may meet the criteria to qualify them as historic resources,
- Other properties that are now 45 years of age or more since the Findings were completed in 2012.
Additionally, historic properties which may have been inadvertently overlooked or have aged during the last surveys will be documented.
The Project will also include assessing the City’s current procedures on historical properties and provide recommendations on any changes to municipal code text and/or clarifications on the review procedures. The Project will involve working closely with City Planning staff, the La Quinta Historical Society, and La Quinta Museum in updating the survey.
During the City’s 2021/22 budget process, Council approved funds allocated for a city-wide historical resources survey update. Staff identified a scope of services and circulated an RFP for the Project. Six qualified firms submitted proposals. The selection committee, comprised of staff from the Planning and Building departments, interviewed the top three firms; Urbana, CRM Tech, and ASM Affiliates. Urbana was selected as the most qualified firm. As part of this contract, Urbana will conduct additional stakeholder and public input opportunities. Once the work is completed, Staff and Urbana will meet with Planning Commission and Council to discuss findings and results.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Carlos Flores, Senior Planner
Approved by: Danny Castro, Design and Development Director Attachment: 1. Urbana Preservation and Planning Agreement 66 Click Here to Return to Agenda
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 URBANA PRESERVATION AND PLANNING (“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 Historic Resources Survey Update, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 1
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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 Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from 68 Click Here to Return to Agenda
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the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed $58,770 per year for the life of the Agreement, encompassing the initial and any extended terms. (the “Contract Sum”), except as provided in Section 1.7.
The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s 69 Click Here to Return to Agenda
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overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the 70 Click Here to Return to Agenda
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time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on April 5, 2022, and terminate on October 5, 2022 (“Initial Term”). This Agreement may be extended for six (6) additional months upon mutual agreement by both parties (“Extended Term”).
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:
Tel No.
E-mail:
(b) Name
Tel No.
Email:
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It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as Danny Castro, Design & Development Director, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, 72 Click Here to Return to Agenda
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discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and 73 Click Here to Return to Agenda
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that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated 74 Click Here to Return to Agenda
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increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and 75 Click Here to Return to Agenda
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Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a 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.
7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft 76 Click Here to Return to Agenda
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documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.
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8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting 78 Click Here to Return to Agenda
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Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the 79 Click Here to Return to Agenda
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appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Danny Castro
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
URBANA PRESERVATION &
PLANNING
WENDY L. TINSLEY BECKER
7705 EL CAJON BLVD, SUITE 1
LA MESA, CA 91942
10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed 80 Click Here to Return to Agenda
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for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.
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10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10Authority. 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
NOTE: (1) TWO SIGNATURES ARE REQUIRED IF A CORPORATION’S
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED ON CONTRACTS, AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC. (2) CONTRACTING PARTY’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTING PARTY’S BUSINESS ENTITY.
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Proposal to Prepare
the La Quinta City-Wide Historic Resources Survey Update Submitted to City of La Quinta | January 21, 2022 | Page 20
SCOPE OF WORK
Our previous experience in similar pre-and-post-WWII communities has informed Urbana’s methodological approach, scope of work, and project timeline for the City of La Quinta survey effort. Our work plan includes four basic tasks: meetings and public hearing attendance, contextual and property-specific research, desk and field survey, and reporting. Urbana’s task descriptions, methods, assigned personnel, and milestone deliverables, are detailed here. All deliverables are proposed for completion between April and September 2022.
TASK 1. MEETINGS AND PUBLIC HEARINGS
All meetings will be attended by Urbana’s founding Principal and Senior staff. Ms. Tinsley Becker is expert at working with appointed and elected commissions and in relaying project findings in a public setting. She has led municipal commissions through historic preservation training sessions and regularly presents projects at Historic Preservation Commission (HPC), Planning Commission, and other similar advisory and authoritative bodies. Recent examples include historic preservation training, presented in October 2021, for the City of Laguna Beach Heritage Review Committee, Design Review Committee, and Planning Commission. Ms.
Tinsley Becker presents Urbana’s findings at regularly scheduled public meetings on a near monthly basis.
Senior Staff bring additional high level engagement experience with Dr. Kupel serving on the Arizona SHPO Historic Sites Review Committee and Mr. Solliday regularly presenting at municipal hearings.
Project Start-Up and Stakeholder / Community Notifications Prior to initiating scoped tasks, Urbana shall meet virtually with City Staff and other stakeholders recommended by the City to initiate the survey effort. The purpose of the kick-off meeting is to confirm the survey schedule, to verify the extent of community notifications desired or required by the City such as handouts to property owners, and to discuss availability and transfer of data from the City to Urbana including original development records, previous technical studies, and any other salient municipal property records, in digital or print copy, that will inform research and survey efforts. In advance of the kick-off, Urbana will assemble a list of project stakeholders and will request City Staff input to confirm that specific stakeholders and resources are not unintentionally omitted from the project process. Stakeholders include known longtime residents (potential interview candidates), original and early developers / builders, homeowner and neighborhood association representatives, historical societies and local history bloggers, legacy business owners, and elected and appointed officials associated with La Quinta. Urbana will additionally provide City Staff with a draft notification letter / handout for use in the community notification process. § Schedule: The start-up and community notification process is anticipated for late February 2022. § Urbana Deliverable: Draft stakeholder list, draft survey handout. § Associated Personnel: Wendy Tinsley Becker, Doug Kupel, and Scott Solliday. § Request To City: GIS Data, available year-built data, available municipal property records, previous studies and reports.
Public Meeting No. 1 | April 2022 Planning Commission Meeting – Information Item It is recommended that the survey and context update effort be introduced as an information item at the Planning Commission’s March 22, 2022 meeting. For the meeting Urbana will prepare an introductory PowerPoint (PPT) detailing the goals and objectives of the project and to solicit preliminary feedback from the Planning Commission and public stakeholders. This will establish a baseline understanding of the project deliverables and will prepare Commissioners for a future presentation outlining the results of the project proposed for the June 14, 2022 meeting. § Schedule: April 2022.
§ Urbana Deliverable: Introductory PPT Presentation.
§ Associated Personnel: Wendy Tinsley Becker.
§ Request To City: Confirmation of agenda placement and supporting material needs.
Exhibit A
Scope of Services
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Proposal to Prepare
the La Quinta City-Wide Historic Resources Survey Update Submitted to City of La Quinta | January 21, 2022 | Page 21 Public Meeting No. 2 | August 2022 Planning Commission Meeting – Full Draft Presentation Building on the March 22 information session, Urbana will present the full draft survey report with all appendices including historic context statement, updated and newly recorded DPR forms, survey spreadsheet, and maps and imagery, to the Planning Commission at the June 14, 2022 meeting. Urbana will prepare a PPT Presentation to share with City Staff and the Commission, with the findings represented by firm Principal Wendy Tinsley Becker, RPH, AICP. Senior historical staff will also be in attendance to respond to questions and comments. The draft code and policy revision package will not be presented to the Planning Commission unless requested by City Staff. We understand that this will be a separate participatory process facilitated by the City at a later date.
§ Schedule: August 2022.
§ Urbana Deliverable: PPT Presentation summarizing project accomplishments and findings. § Associated Personnel: Wendy Tinsley Becker and Doug Kupel / Scott Solliday. § Request To City: Confirmation of agenda placement and supporting material needs.
Public Meeting No. 3 | September 2022 City Council Meeting – Full Draft Presentation for Adoption At the City Council meeting, proposed for June 21, 2022, Urbana shall present the full draft survey report with all appendices including historic context statement, updated and newly recorded DPR forms, survey spreadsheet, and maps and imagery. The PPT presentation will be updated to request Council approval or adoption of the survey project. Ms. Tinsley Becker will attend and present to the City Council at the proposed June 21, 2022 meeting.
§ Schedule: September 2022.
§ Urbana Deliverable: PPT Presentation summarizing project accomplishments and findings. § Associated Personnel: Wendy Tinsley Becker.
§ Request To City: Confirmation of agenda placement and supporting material needs.
TASK 2. RESEARCH
Urbana’s team of historians bring extensive practice in researching, documenting, and evaluating large-scale and complex multi-parcel surveys including surveys that include thousands of buildings and structures, more than 10,000 acres, and several hundred miles. From 2018 forward Urbana has authored large-scale HistoricEra Built Environment Survey Reports for SCE. These projects involve intensive level survey, documentation and reporting on thousands of historic-era buildings and structures throughout California and into Nevada.
Dr. Kupel served as the Senior Historian for these projects, wherein he authored literature reviews, historic context statements, and integrity thresholds for state (California Public Utilities Commission) and federal reviewers (BLM and NPS). Scott Solliday, John Hyche, Alex Baker, and Alexia Landa documented and evaluated each age-eligible site on California site records and Nevada ARA Forms. The team researched each property to determine eligibility under state registers and the NRHP. Ms. Landa and Ms. Baker were additionally responsible for managing all database and GIS mapping of site boundaries, project boundaries, and APE boundaries. Our extensive experience in multi-parcel property research will inform our methods for La Quinta. Having proper staffing to appropriately divide up the work ensures that all research resources are accounted for and that each team member has a back-up should an obstacle, like illness or some other unanticipated event, occur. We bring the organizational skills, academic and professional specialization, and necessary research experience to successfully complete the task.
Prior to completing reconnaissance and intensive level survey work, Urbana will initiate contextual and property-specific research to inform a detailed history of La Quinta and corresponding historic context statement that builds upon the themes developed in the 2011 draft context effort. Urbana’s research task involves in-person and remote / digital research of resources on file at the City of La Quinta, the City of La Quinta and Riverside County Library system, Riverside Assessor-County Clerk-Recorder, UC Riverside, and the La Quinta Museum and Historical Society. The research component represents the fact-finding and story85 Click Here to Return to Agenda Proposal to Prepare
the La Quinta City-Wide Historic Resources Survey Update Submitted to City of La Quinta | January 21, 2022 | Page 22 telling portion of the survey and context effort with each resource and archive offering a specific use and result. Tract maps help to verify the original neighborhood boundaries and arrangement and dimensions of lots, and additionally offer insight on the pace of growth for the city via survey and recordation dates.
Assessor-Recorder data informs year-built dates for improvements within the city and will be used to develop the survey spreadsheet. Oral history interviews and newspaper accounts provide firsthand accounts of experiences of individuals associated with the city at different points in time. Census enumeration reports give glimpse to the racial and ethnic composition of the city and its environs prior to incorporation. Historic photographs, both aerial and street-view, demonstrate the city’s growth and architectural styles, which help to establish character-defining features and additionally verify integrity status of larger tracts and individual buildings and structures within. The contextual research will help to update La Quinta’s documented history, to expand the historic context statement, and to establish periods of significance along with thresholds for significance. Research will be led by Dr. Kupel and Mr. Solliday with support of Urbana historians Alex Baker and Alexia Landa.
§ Schedule: Focused research will occur in April through August 2022 and will continue as-needed until submission of final survey report.
§ Urbana Deliverable: Draft history and updated context statement. § Associated Personnel: Doug Kupel, Scott Solliday, Alex Baker, and Alexia Landa. § Request To City: None identified under this task.
TASK 3. DESK AND FIELD SURVEY
Drawing on our team’s multi-parcel large-scale survey experience, we will strategically and effectively execute the La Quinta survey effort by employing comprehensive safety, planning, and project management practices. Safety is an important component of every Urbana project and is particularly important while surveying communities and visiting repositories. We maintain a safety program that includes use and maintenance of proper PPE, including COVID-19 specific PPE, situational awareness training, pedestrian and auto-safety checks, location monitoring for field personnel, and daily on-board and off-boarding communications. Part of field survey best practices involve clearly identifying locations, schedule, and environmental conditions prior to commencement. The Urbana field survey team begin all survey work with routes, locations, equipment, schedule, and plans in place, employing the ‘measure twice, cut once’ philosophy of preparation.
Under Task 3, Urbana will complete a desk survey that will then inform the field survey effort. Reconnaissance Surveys are regarded as fast-moving and best used for large areas, or when documenting a potential historic district. This type of survey can be especially helpful when dealing with resources constructed after 1940 like large, master-planned housing developments. Desk surveys fall into the reconnaissance umbrella and involve identification of parcels, year-built data, property type, corresponding architectural styles, and alterations and integrity status. This information is compiled into a survey spreadsheet that will then inform updates to previously recorded properties and selection of intensive level documentation and evaluation of newly identified properties. The survey spreadsheet will also serve as the basis for identifying age-eligible properties targeted for field survey.
Scott Solliday, MA and John Hyche, MA, will execute the physical survey activities with the support of staff historians Alex Baker, MCP and Alexia Landa, BA as pairs of two teams working in concert. Messers Solliday and Hyche have led and executed large scale surveys for private and agency clients including the National Park Service, various municipalities, and the Arizona DOT. The teams will complete survey activities simultaneously over several days, working systematically by subdivision tract boundaries. Representative house types, architectural styles and stylistic variations, common hardscape / landscape features, streetscape features, and community facilities within La Quinta shall be photographed. Historic and current views of properties will be included as figures in the survey report, in both the detailed history and to identify examples of contextual property types. Post-processing of survey efforts involves preparation of photo sheets that 86 Click Here to Return to Agenda
Proposal to Prepare
the La Quinta City-Wide Historic Resources Survey Update Submitted to City of La Quinta | January 21, 2022 | Page 23 include all images and revision to the shape files in ArcGIS as-needed based on field survey observations. Ms.
Baker and Ms. Landa will maintain the survey spreadsheet / database and GIS mapping. § Schedule: Survey activities will occur in April 2022. § Urbana Deliverable: Photo sheet organized by property address and subdivision tract, survey spreadsheet.
§ Associated Personnel: Scott Solliday, John Hyche, Alex Baker, and Alexia Landa. § Request To City: ArcGIS layer / parcel data.
TASK 4. REPORTING
Upon completion of field survey activities, Urbana shall initiate updated and new documentation for survey properties, preparation of a survey report, update and expansion of draft historic context statement, and recommendations for code language revisions. All property documentation shall conform to the California SHPO Instructions for Recording Historical Resources (1995 as amended) and reporting shall conform to a preapproved template presented to the City. Our team is experienced in preparing similar deliverables in numerous states including California, Nevada, Arizona, Wyoming, Colorado, Illinois, and Maryland. Our approach to documenting pre-and-post-WWII communities will additionally inform our work in La Quinta. In the 22,000-parcel community of Clairemont, in San Diego, our detailed history and reconnaissance survey report prepared for the City’s community plan update process directly translates to our contextual knowledge of suburban development and community building, and frames survey, recordation and analysis of La Quinta.
Previous survey studies indicate that by 2006, 262 properties in La Quinta were age-eligible / historic-era and thus were subject to documentation and significance evaluation. The proposed survey effort will update findings for the 262 previously recorded properties. Urbana will prepare DPR 523 L (Continuation Sheet) forms for each previously recorded resource with an updated photograph, description of integrity, and eligibility conclusions based on integrity observations. In addition to these updated records, Urbana will document and evaluate up to 100 newly identified properties that are age-eligible / historic-era using DPR 523 Series Forms including 523A Primary Record; 523B Building, Structure, Object Record; and 523J Location Record. If more than 100 properties are identified, Urbana will assess each property to determine level of alterations and integrity status and will focus intensive documentation and evaluation on those properties that would appear to qualify as historical resources more readily under CEQA. Properties that are clearly altered and do not retain sufficient integrity, or that clearly appear ineligible for designation or listing on the Local, CRHR, or NRHP will be detailed on the survey spreadsheet with an ‘ineligible pending intensive evaluation’ recommendation. Where subdivisions tracts exist, Urbana will work to obtain the tract map and boundary and will document the tract as a single resource / potential historic district.
The La Quinta survey report shall include the following sections: Executive Summary, Introduction, Methodological Approach, City History, Historic Context Statement, Survey Findings, and Recommendations for Future Action. Imagery, both historic and current, will be included throughout, and maps depicting survey boundaries, tract boundaries, and location of properties recommended for future action will be similarly included. DPR Forms will be included in the report appendices. All shape files will be delivered to the City, along with raw data files in TIFF, PNG formats, Word, Excel, and PDF formats. The detailed city history and historic context statement shall be prepared from research. The historic context, property-specific research, and field survey observations will inform draft Local, CRHR, and NRHP eligibility conclusions, and will be reflected in the “Recommendations for Future Action” section.
A draft report will be submitted to the City in July of 2022, with draft findings proposed for presentation at the Planning Commission and City Council meetings. Urbana will finalize the draft report and forms based on City and stakeholder feedback received. The final report and associated work products are anticipated for submission in August 2022, with a final presentation to the City Council planned for September 2022. Ms.
Tinsley Becker will direct preparation of the survey report, context update, and survey forms, with Dr. Kupel 87 Click Here to Return to Agenda
Proposal to Prepare
the La Quinta City-Wide Historic Resources Survey Update Submitted to City of La Quinta | January 21, 2022 | Page 24 and Mr. Solliday authoring much of the report including the detailed history. Ms. Landa and Ms. Baker will prepare the draft and final DPR Forms, with Ms. Baker additionally preparing all project mapping. Finally, Ms.
Becker will review existing code language and prepare a package with her revision recommendations which the City may pursue as part of a future endeavor.
§ Schedule: Report and form preparation will occur in May 2022 – August 2022, draft findings and report will be submitted in July 2022, final draft of the survey report, context statement update, and code revision package will be submitted in June 2022.
§ Urbana Deliverable: Updated Context Statement, Draft and Final Survey Report and DPR Forms with all required contents and appendices, and Code Revision Recommendation Package. § Associated Personnel: Wendy Tinsley Becker, Scott Solliday, John Hyche, Alex Baker, and Alexia Landa.
§ Request To City: None identified under this task.
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SUBMITTED TO SUBMITTED BY
City of La Quinta Urbana Preservation & Planning, LLC
Attn. Danny Castro, Design and Development Director Wendy L. Tinsley Becker, RPH, AICP, Principal 78-495 Calle Tampico, La Quinta, CA 92247-1504
(760) 777-7069 | [email protected] [email protected] | (844) 872-2623 Urbana
Task # Proposed Tasks
Principal /
Project
Manager
Senior
Historian
Senior
Associate
Historian
Associate
Historian Historian Cost Per Task % of Total Cost Anticipated Project Timeline Task 1 Meetings and Public Hearings: (1) Kick Off, (1) Planning Commission, and (1) City Council meeting 8 6 6 $2,530.00 4% April 2022, August 2022, & September 2022 Task 2 Research: Contextual and Property Specific Research 40 40 100 $17,900.00 30% April 2022-August 2022 Task 3 Desk and Field Survey 40 40 80 $15,200.00 26% April 2022 Reporting: May 2022-August 2022
a) DPR Forms (261 Updates, up to 100 new) 40 100 $12,500.00 21% August 2022 b) Survey Report and Context 32 40 $8,400.00 14% July 2022, August 2022 c) Code and Policy Revision Package 16 $2,240.00 4% August 2022 Total Hours 24 78 126 80 280 $58,770.00 100%
Hourly Billing Rate $140.00 $125.00 $110.00 $100.00 $85.00 Subtotal Per Team Member $3,360 $9,750 $13,860 $8,000 $23,800 Labor Cost
Assumptions
$58,770.00
Urbana Preservation & Planning, LLC - Cost Proposal
LA QUINTA CITY-WIDE HISTORIC RESOURCES SURVEY UPDATE
1. All evaluations shall be performed by Urbana's staff of 36 CFR Part 61 qualified professionals.
2. Urbana anticipates attendance the (4) Meetings.
3. Task 4 assumes completion of up to (261) 523L Continuation forms and up to (100) new DPR 523 Series sets. Additional forms may be produced for additional cost under the established rates listed above and with City's approval. 7705 El Cajon Blvd. # 1, La Mesa, CA 91942
Task 4
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Exhibit A
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY90 Click Here to Return to Agenda Exhibit A
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 91 Click Here to Return to Agenda
Exhibit A
damages for delay arising from the removal or relocation of such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 92 Click Here to Return to Agenda
Exhibit A
bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages.
93 Click Here to Return to Agenda
Exhibit B
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed FIFTY NINE THOUSAND DOLLARS ($ 59,000) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party for time and materials based upon Contracting Party’s rate schedule on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
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Exhibit C
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. 95 Click Here to Return to Agenda
Proposal to Prepare
the La Quinta City-Wide Historic Resources Survey Update Submitted to City of La Quinta | January 21, 2022 | Page 25
SCHEDULE / TIMELINE
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SUBMITTED TO SUBMITTED BY
City of La Quinta Urbana Preservation & Planning, LLC
Attn. Danny Castro, Design and Development Director Wendy L. Tinsley Becker, RPH, AICP, Principal 78-495 Calle Tampico, La Quinta, CA 92247-1504
(760) 777-7069 | [email protected] [email protected] | (844) 872-2623 Urbana
Task # Proposed Tasks
Principal /
Project
Manager
Senior
Historian
Senior
Associate
Historian
Associate
Historian Historian Cost Per Task % of Total Cost Anticipated Project Timeline Task 1 Meetings and Public Hearings: (1) Kick Off, (1) Planning Commission, and (1) City Council meeting 8 6 6 $2,530.00 4% April 2022, August 2022, & September 2022 Task 2 Research: Contextual and Property Specific Research 40 40 100 $17,900.00 30% April 2022-August 2022 Task 3 Desk and Field Survey 40 40 80 $15,200.00 26% April 2022 Reporting: May 2022-August 2022
a) DPR Forms (261 Updates, up to 100 new) 40 100 $12,500.00 21% August 2022 b) Survey Report and Context 32 40 $8,400.00 14% July 2022, August 2022 c) Code and Policy Revision Package 16 $2,240.00 4% August 2022 Total Hours 24 78 126 80 280 $58,770.00 100%
Hourly Billing Rate $140.00 $125.00 $110.00 $100.00 $85.00 Subtotal Per Team Member $3,360 $9,750 $13,860 $8,000 $23,800 Labor Cost
Assumptions
$58,770.00
Urbana Preservation & Planning, LLC - Cost Proposal
LA QUINTA CITY-WIDE HISTORIC RESOURCES SURVEY UPDATE
1. All evaluations shall be performed by Urbana's staff of 36 CFR Part 61 qualified professionals.
2. Urbana anticipates attendance the (4) Meetings.
3. Task 4 assumes completion of up to (261) 523L Continuation forms and up to (100) new DPR 523 Series sets. Additional forms may be produced for additional cost under the established rates listed above and with City's approval. 7705 El Cajon Blvd. # 1, La Mesa, CA 91942
Task 4
97 Click Here to Return to Agenda
Exhibit D
Exhibit D
Special Requirements
None
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Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 99 Click Here to Return to Agenda
Exhibit E
damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.
If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy 100 Click Here to Return to Agenda
Exhibit E
endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
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Exhibit E
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any selfinsured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and 102 Click Here to Return to Agenda
Exhibit E
further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of noncompliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
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Exhibit E
16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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Exhibit F
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 105 Click Here to Return to Agenda
Exhibit F
provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions 106 Click Here to Return to Agenda
Exhibit F
identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement.
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108 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MARCH 11, 18, AND 25, 2022
RECOMMENDATION
Approve demand registers dated March 11, 18, and 25, 2022.
EXECUTIVE SUMMARY – None
FISCAL IMPACT
Demand of Cash:
City $ 8,748,342.44
Successor Agency of RDA $ -
Housing Authority $ 18,563.16
$ 8,766,905.60
BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for March 11, 18, and 25, 2022.
Warrants Issued:
207238-207290 $ 446,479.68
207291-207349 $ 1,373,081.33
207350-207409 $ 982,779.08
Wire Transfers $ 5,711,862.20
Payroll Tax Transfers $ 45,402.53
Payroll Direct Deposit $ 207,300.78
$ 8,766,905.60
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
Various $ 1,149,005.36 Jan Police
Service/Motor Fuel
Coachella Music Festival,
LLC
Developer Deposits $ 582,980.00 Developer Deposit
Refund
Tyler Technologies Various $ 164,485.00 Permitting & Business License Software
Office of Economic
Development
Museum Operations
& Makerspace
Operations
$ 81,501.79 Q2 Management
Service Contract
Action Park Alliance, Inc.(1) X-Park Programming $ 76,347.50 Mar-May X-Park Staffing & PreOpening Expenses
(1) Payments were made on 03/11/22 & 03/18/22.
Wire Transfers: Twenty transfers totaled $5,711,862. Of this amount, $3 million was to The Bank of New York Mellon for investment purchases, and 2,160,946 was to CALPERS. (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: Claudia Martinez, Finance Director
Attachments: 1. Demand Registers
2. Wire Transfers
Transaction Issuer Type Par Value
Settle
Date
Coupon
Rate
Purchase Delta National Bank & Trust CD $ 245,000 3/9/22 2.000% Purchase United Roosevelt Savings CD $ 248,000 3/11/22 1.900% Purchase Marathon Bank CD $ 248,000 3/16/22 1.800%
Maturity Luanna Savings Bank CD $ 245,000 3/18/22 1.600% Purchase United States Government Treasury $ 500,000 3/22/22 0.750% Purchase United States Government Treasury $ 500,000 3/22/22 1.125% Purchase United States Government Treasury $ 750,000 3/23/22 0.500% Purchase United States Government Treasury $ 1,000,000 3/23/22 2.375% 110 Click Here to Return to Agenda
3/21/2022 4:06:58 PM Page 1 of 5
Demand Register
City of La Quinta Packet: APPKT03077 - 03/11/2022 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
UNITED WAY OF THE DESERT 207284 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 DESERT SUN PUBLISHING, LLC 207248 12/30/21 - PHN PIAZZA SERENA Advertising 101-6002-60450 441.00 DESERT SUN PUBLISHING, LLC 207248 12/30/21 - PHN HOUSING ELEMENT Advertising 101-6002-60450 441.00 YU, PUI TING 207290 11/27/21 - ANNUAL WELLNES DOLLARS RE… Annual Wellness Dollar Reimb… 101-1004-50252 200.00 CHARTER COMMUNICATIONS … 207243 02/24-03/23/22 - FS #93 CABLE (2415) Cable/Internet - Utilities 101-2002-61400 114.28 CHARTER COMMUNICATIONS … 207243 03/2022 - FS #32 INTERNET (6491) Cable/Internet - Utilities 101-2002-61400 99.99 IE INC. 207255 11/9/21 - BUILDING PERMIT REFUND BEL… Electrical Permits 101-0000-42403 69.76 IE INC. 207255 11/9/21 - BUILDING PERMIT REFUND BEL… Building Plan Check Fees 101-0000-42600 26.83 SKILL PATH SEMINARS 207273 1/26/22 - EFFECTIVE PROJECT MGMT TRA… Travel & Training 101-7006-60320 149.00 SCOPE EVENTS, LLC 207271 02/22/22 - DEPOSIT REFUND Miscellaneous Deposits 101-0000-22830 500.00 SURVIVAL MODE 207275 02/16/22 - EMPLOYEE BACKPACKS & INSE… Disaster Prep Supplies 101-2002-60406 489.38 TJC PROPERTY SERVICES, INC. 207278 10/2021-12/2021 - APPRAISAL REVIEW A… Professional Services 101-1002-60103 2,625.00 IRC CORPORATION 207258 02/2022 - PRE EMPLOYMENT BACKGROU… Recruiting/Pre-Employment 101-1004-60129 55.35 PREMIER MEDIA GROUP 207265 03/2022 - PRINT ADS Marketing & Tourism Promoti… 101-3007-60461 1,500.00 NI GOVERNMENT SERVICES INC 207262 02/2022 - SATELLITE PHONES Mobile/Cell Phones/Satellites 101-2002-61304 77.37 XPRESS GRAPHICS 207289 03/03/22 - MISSION LQ SIGNAGE Printing 101-3007-60410 247.82 SKILL PATH SEMINARS 207273 01/26/22 - PROJECT MANAGEMENT TRAIN… Travel & Training 101-7006-60320 99.00 ON THE FLY TREE & PLANT HE… 207263 02/22/22 - CIVIC CENTER FIREANT TREAT… Maintenance/Services 101-3005-60691 300.00 STAPLES ADVANTAGE 207274 02/11/22 - OFFICE SUPPLIES Office Supplies 101-7001-60400 125.68 GLADWELL GOVERNMENTAL S… 207253 FY 21-22 RECORDS RETENTION REVIEW &… Professional Services 101-1005-60103 250.00 SD GROUP 207272 2/9/22 - MARKET DATA SEARCH OLD TO… Professional Services 101-1002-60103 500.00 RASA/ERIC NELSON 207267 03/01/22 - TPM 2022-0001 ONCALL MAP … Map/Plan Checking 101-7002-60183 870.00 RASA/ERIC NELSON 207267 03/01/22 - PMER 2022-0003 ONCALL MAP… Map/Plan Checking 101-7002-60183 180.00 ALPHA MEDIA LLC 207240 02/2022 - RADIO ADS MIX 100.5 Marketing & Tourism Promoti… 101-3007-60461 1,218.72 ALPHA MEDIA LLC 207240 12/01-12/05/21 - IRONMAN RADIO ADS M… Community Experiences 101-3003-60149 2,171.84 ROBERT HALF 207269 01/07/22 - TEMP AGENCY SERVICES G.HU Temporary Agency Services 101-6002-60125 1,355.40 ROBERT HALF 207269 01/14/22 - TEMP AGENCY SERVICES G.HU Temporary Agency Services 101-6002-60125 1,355.40 ROBERT HALF 207269 01/28/22 - TEMP AGENCY SERVICES G.HU Temporary Agency Services 101-6002-60125 1,355.40 ROBERT HALF 207269 02/04/22 - TEMP AGENCY SERVICES G.HU Temporary Agency Services 101-6002-60125 1,355.40 ROBERT HALF 207269 02/11/22 - TEMP AGENCY SVCS G.HU Temporary Agency Services 101-6002-60125 1,355.40 ROBERT HALF 207269 02/18/22 - TEMP AGENCY SERVICES G.HU Temporary Agency Services 101-6002-60125 1,355.40 ROBERT HALF 207269 02/18/22 - TEMP AGENCY SERVICES J.AG… Temporary Agency Services 101-6004-60125 1,351.60 ROBERT HALF 207269 02/25/22 - TEMP AGENCY SERVICES G.HU Temporary Agency Services 101-6002-60125 1,084.32 ROBERT HALF 207269 02/25/22 - TEMP AGENCY SERVICES J.AG… Temporary Agency Services 101-6004-60125 1,081.28 MERCHANTS BUILDING MAINT… 207260 02/15/22 - CH COVID 19 CLEANING Janitorial 101-3008-60115 2,904.00 MERCHANTS BUILDING MAINT… 207260 02/15/22 - WC COVID 19 CLEANING Janitorial 101-3008-60115 1,299.20 MERCHANTS BUILDING MAINT… 207260 02/15/22 - PW COVID 19 CLEANING Janitorial 101-3008-60115 270.00 VINTAGE E & S INC 207287 02/17/22 - CIVIC PARK LIGHTING SERVICE … Maintenance/Services 101-3005-60691 660.32 VINTAGE E & S INC 207287 03/2/22 - CIVIC PARK LIGHTING SERVICE C… Maintenance/Services 101-3005-60691 1,815.04 ESGIL CORPORATION 207250 12/2021 - ONCALL PLAN REVIEW Plan Checks 101-6003-60118 3,508.10 INTERWEST CONSULTING GR… 207257 12/2021 - INSPECTIONS & INSPECTIONS Plan Checks 101-6003-60118 13,416.16 DESERT PUBLICATIONS INC 207247 03/2022 - THE GUIDE PRINT ADS Marketing & Tourism Promoti… 101-3007-60461 2,450.00 VERIZON WIRELESS 207286 01/26-02/25/22 - LQPD CELL (6852) Telephone - Utilities 101-2001-61300 875.90 UC REGENTS 207282 FY 22/23 UCLA ANDERSON FORECAST 101… Prepaid Expense 101-0000-13600 1,500.00 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electricity - Utilities 101-2002-61101 563.42 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Monticello Park - Utili… 101-3005-61102 13.31 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Fritz Burns Park - Utili… 101-3005-61105 1,257.13 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Colonel Paige - Utiliti… 101-3005-61108 12.34 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Community Park - Util… 101-3005-61109 8,275.42 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Adams Park - Utilities 101-3005-61110 37.95 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Velasco Park - Utilities 101-3005-61111 13.80 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Eisenhower Park - Util… 101-3005-61113 23.04 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Desert Pride - Utilities 101-3005-61114 13.31 ATTACHMENT 1
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY WATER DI… 207244 03/04/22 - WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 308.32 INTERWEST CONSULTING GR… 207257 12/2021 - ONCALL BUILDING & SAFETY PL… Plan Checks 101-6003-60118 16,800.00 RIVERSIDE ASSESSOR 207268 01/2022 - RECORDING FEES Due to County Recorder 101-0000-20325 262.00 RIVERSIDE ASSESSOR 207268 01/2022 - RECORDING FEES Technical 101-6004-60108 40.00 HOME DEPOT CREDIT SERVICES 207254 01/11/22 - FS #70 GAS GRILL Fire Station 101-2002-60670 1,173.41 HOME DEPOT CREDIT SERVICES 207254 01/04/22 - TRIPOD WORK LIGHT & EXTENS… Fire Station 101-2002-60670 168.76 HOME DEPOT CREDIT SERVICES 207254 01/05/22 - RANGE POWER CORD & LIGHT … Maintenance/Services 101-2002-60691 69.33 HOME DEPOT CREDIT SERVICES 207254 01/25/22 - GRAFFITI REMOVAL SUPPLIES Supplies-Graffiti and Vandalism 101-3005-60423 179.87 HOME DEPOT CREDIT SERVICES 207254 12/28/21 - FUEL SNAKE ANGER Tools/Equipment 101-3005-60432 440.42 HOME DEPOT CREDIT SERVICES 207254 01/06/22 - PVC PARTS Materials/Supplies 101-3008-60431 28.94 HOME DEPOT CREDIT SERVICES 207254 01/10/22 - MATERIALS Materials/Supplies 101-3008-60431 35.45 HOME DEPOT CREDIT SERVICES 207254 01/11/22 - SPRAY PAINT Materials/Supplies 101-3008-60431 33.05 HOME DEPOT CREDIT SERVICES 207254 01/25/22 - ALL PURPOSE CLEANER Materials/Supplies 101-3008-60431 21.71 HOME DEPOT CREDIT SERVICES 207254 12/28/21 - PADLOCK Materials/Supplies 101-3008-60431 32.06 HOME DEPOT CREDIT SERVICES 207254 12/28/21 - PAINT ROLLERS Materials/Supplies 101-3008-60431 79.22 HOME DEPOT CREDIT SERVICES 207254 01/11/22 - WATER DISPENSERS (2) Materials/Supplies 101-3008-60431 593.86 HOME DEPOT CREDIT SERVICES 207254 01/05/22 - SPRAY PAINT Materials/Supplies 101-3008-60431 73.13 HOME DEPOT CREDIT SERVICES 207254 01/05/22 - WORK GLOVES Operating Supplies 101-7003-60420 33.32 HOME DEPOT CREDIT SERVICES 207254 01/19/22 - GRINDING WHEEL Operating Supplies 101-7003-60420 114.12 ACTION PARK ALLIANCE, INC. 207239 03/01-05/31/22 - X-PARK OPERATION SER… X-Park Programming 101-3003-60190 71,347.50 FRONTIER COMMUNICATIONS… 207251 02/26-03/25/22 - POLICE INTERNET Cable/Internet - Utilities 101-2002-61400 571.63 TERRA NOVA PLANNING & RE… 207277 01/01-02/28/22 - ONCALL PLANNING SVCS Professional Services 101-6002-60103 1,235.69 Fund 101 - GENERAL FUND Total: 156,988.85
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC 207279 02/25/22 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 241.86 UNDERGROUND SERVICE ALERT 207283 03/01/22 - DIG ALERT SERVICES Materials/Supplies 201-7003-60431 61.15 LINDE GAS & EQUIPMENT INC. 207259 01/20-02/20/22 - CYLINDER RENTAL Materials/Supplies 201-7003-60431 39.79 HOME DEPOT CREDIT SERVICES 207254 01/20/22 - SPRAY PAINT Paint/Legends 201-7003-60433 26.06 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electricity - Utilities 201-7003-61101 20.61 Fund 201 - GAS TAX FUND Total: 389.47
Fund: 202 - LIBRARY & MUSEUM FUND
IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electricity - Utilities 202-3006-61101 686.61 HOME DEPOT CREDIT SERVICES 207254 01/21/22 - ELECTRIC BUG ZAPPERS Maintenance/Services 202-3004-60691 130.50 HOME DEPOT CREDIT SERVICES 207254 01/24/22 - MICROWAVE Maintenance/Services 202-3004-60691 92.42 HOME DEPOT CREDIT SERVICES 207254 01/25/22 - QUIKRETE STUCCO REPAIR Maintenance/Services 202-3006-60691 21.68 HOME DEPOT CREDIT SERVICES 207254 01/11/22 - WALLPLATES (25) Maintenance/Services 202-3006-60691 18.22 Fund 202 - LIBRARY & MUSEUM FUND Total: 949.43
Fund: 215 - LIGHTING & LANDSCAPING FUND
PWLC II, INC 207266 03/03/22 - PLANT REPLACEMENT ON JEFF… Maintenance/Services 215-7004-60691 608.00 PWLC II, INC 207266 02/14-02/17/22 - LABOR FOR LANDSCAPE… Maintenance/Services 215-7004-60691 2,432.00 PWLC II, INC 207266 02/21-02/22/22 - LABOR FOR LANDSCAPE… Maintenance/Services 215-7004-60691 1,216.00 HOME DEPOT CREDIT SERVICES 207254 12/29/21 - GRAFFITI REMOVAL SUPPLIES Supplies-Graffiti and Vandalism 215-7004-60423 40.72 HOME DEPOT CREDIT SERVICES 207254 01/04/22 - SAFETY GEAR Safety Gear 215-7004-60427 128.55 HOME DEPOT CREDIT SERVICES 207254 01/26/22 - MATERIALS Materials/Supplies 215-7004-60431 155.03 HOME DEPOT CREDIT SERVICES 207254 01/03/22 - SMALL TOOLS Tools/Equipment 215-7004-60432 128.71 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 3,405.11 IMPERIAL IRRIGATION DIST 207256 03/04/22 - ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 1,614.74 COACHELLA VALLEY WATER DI… 207244 03/04/22 - WATER SERVICE Water - Medians - Utilities 215-7004-61211 220.39 DESERT ELECTRIC SUPPLY 207246 01/04/22 - FREIGHT CHARGE Materials/Supplies 215-7004-60431 26.15 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 9,975.40
Fund: 241 - HOUSING AUTHORITY
CAHA, BECKY 207242 02/2022 - HOUSING CONSULTANT SERVIC… Professional Services 241-9101-60103 6,000.00 Fund 241 - HOUSING AUTHORITY Total: 6,000.00
Fund: 244 - HOUSING GRANTS (Multiple)
TYLER TECHNOLOGIES 207281 07/2022-02/2023 - PERMIT SOFT. ANNUAL… Prepaid Expense 244-0000-13600 96,156.68 TYLER TECHNOLOGIES 207281 FY 21/22 PERMIT SOFTWARE REPORT CUS… Software Licenses 244-0000-60301 20,250.00 TYLER TECHNOLOGIES 207281 03/1-06/30/2022 - PERMIT SOFT. ANNUAL… Software Licenses 244-0000-60301 48,078.32 Fund 244 - HOUSING GRANTS (Multiple) Total: 164,485.00
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 247 - ECONOMIC DEVELOPMENT FUND
SALON MONTANA OLD TOWN 207270 03/08/22 - COVID LOAN OVER PAYMENT … Loan Repayments 247-0000-42706 10,000.00 Fund 247 - ECONOMIC DEVELOPMENT FUND Total: 10,000.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
URBAN HABITAT 207285 02/2022 - 2020-07 RETENTION PAYMENT … Retention Payable 401-0000-20600 -2,397.75 URBAN HABITAT 207285 02/2022 - SRR RETENTION BASIN PAYMEN… Construction 401-0000-60188 47,955.00 PLANIT REPROGRAPHICS SYST… 207264 02/28/22 - 2021-03 CONSTRUCTION PLAN… Construction 401-0000-60188 212.29 ECONOLITE CONTROL PRODU… 207249 03/03/22 - COBALT CONTROLLER REPAIR Construction 401-0000-60188 524.00 CONVERGINT TECHNOLOGIES … 207245 08/26/21 - 2020-03 MAINTENANCE NO 6 Construction 401-0000-60188 4,143.00 CONVERGINT TECHNOLOGIES … 207245 09/29/21 - 2020-03 MAINTENANCE NO 5 Construction 401-0000-60188 1,694.00 SWRCB 207276 07/01/21-06/30/22 - 2011-05 ANNUAL PE… Construction 401-0000-60188 2,031.00 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 54,161.54 Fund: 501 - FACILITY & FLEET REPLACEMENT
AUTOZONE 207241 02/16/22 - VEHICLE SUPPLIES Parts, Accessories, and Upfits 501-0000-60675 35.19 AUTOZONE 207241 02/24/22 - BATTERY LOAD TESTER Parts, Accessories, and Upfits 501-0000-60675 51.65 TOWER ENERGY GROUP 207280 02/16-02/28/22 - FUEL Fuel & Oil 501-0000-60674 2,558.61 FUELMAN 207252 02/2022 - FUEL CHARGES Fuel & Oil 501-0000-60674 1,654.46 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 4,299.91 Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS … 207243 03/2022 - CH CABLE (4625) Cable/Internet - Utilities 502-0000-61400 171.58 CHARTER COMMUNICATIONS … 207243 02/24-03/23/22 - WC CABLE (4601) Cable/Internet - Utilities 502-0000-61400 267.78 NEWEGG BUSINESS INC. 207261 12/10/21 - KAPERSKY ENDPOINT SECURITY… Software Licenses 502-0000-60301 8,675.60 VIVID STAGING SOLUTIONS 207288 03/28/22 - AV SERVICES 1 OF 2 Technical 502-0000-60108 3,851.65 ACORN TECHNOLOGY SERVICES 207238 09/2021 - SUPPORT FOR SAFETY CAMERA … Public Works, Software Enhan… 502-0000-71048 4,500.00 ACORN TECHNOLOGY SERVICES 207238 CITY WIDE IT SERVICES Consultants 502-0000-60104 -4,500.00 ACORN TECHNOLOGY SERVICES 207238 03/2022 - IT SERVICES Consultants 502-0000-60104 26,000.00 FRONTIER COMMUNICATIONS… 207251 02/25-03/24/22 - CH INTERNET Cable/Internet - Utilities 502-0000-61400 85.98 Fund 502 - INFORMATION TECHNOLOGY Total: 39,052.59
Fund: 601 - SILVERROCK RESORT
HOME DEPOT CREDIT SERVICES 207254 01/26/22 - MASKING TAPE & P-TRAP Repair & Maintenance 601-0000-60660 35.66 HOME DEPOT CREDIT SERVICES 207254 01/03/22 - PADLOCK & SECURITY LIGHT Repair & Maintenance 601-0000-60660 141.83 Fund 601 - SILVERROCK RESORT Total: 177.49
Grand Total: 446,479.68
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 156,988.85
201 - GAS TAX FUND 389.47
202 - LIBRARY & MUSEUM FUND 949.43
215 - LIGHTING & LANDSCAPING FUND 9,975.40
241 - HOUSING AUTHORITY 6,000.00
244 - HOUSING GRANTS (Multiple) 164,485.00
247 - ECONOMIC DEVELOPMENT FUND 10,000.00
401 - CAPITAL IMPROVEMENT PROGRAMS 54,161.54
501 - FACILITY & FLEET REPLACEMENT 4,299.91
502 - INFORMATION TECHNOLOGY 39,052.59
601 - SILVERROCK RESORT 177.49
Grand Total: 446,479.68
Account Summary
Account Number Account Name Expense Amount
101-0000-13600 Prepaid Expense 1,500.00
101-0000-20325 Due to County Recorder 262.00
101-0000-20981 United Way Deductions 37.00
101-0000-22830 Miscellaneous Deposits 500.00
101-0000-42403 Electrical Permits 69.76
101-0000-42600 Building Plan Check Fees 26.83
101-1002-60103 Professional Services 3,125.00
101-1004-50252 Annual Wellness Dollar Re… 200.00
101-1004-60129 Recruiting/Pre-Employme… 55.35
101-1005-60103 Professional Services 250.00
101-2001-61300 Telephone - Utilities 875.90
101-2002-60406 Disaster Prep Supplies 489.38
101-2002-60670 Fire Station 1,342.17
101-2002-60691 Maintenance/Services 69.33
101-2002-61101 Electricity - Utilities 563.42
101-2002-61304 Mobile/Cell Phones/Satell… 77.37
101-2002-61400 Cable/Internet - Utilities 785.90
101-3003-60149 Community Experiences 2,171.84
101-3003-60190 X-Park Programming 71,347.50
101-3005-60423 Supplies-Graffiti and Van… 179.87
101-3005-60432 Tools/Equipment 440.42
101-3005-60691 Maintenance/Services 2,775.36
101-3005-61102 Electric - Monticello Park -… 13.31
101-3005-61105 Electric - Fritz Burns Park -… 1,257.13
101-3005-61108 Electric - Colonel Paige - U… 12.34
101-3005-61109 Electric - Community Park … 8,275.42
101-3005-61110 Electric - Adams Park - Util… 37.95
101-3005-61111 Electric - Velasco Park - Uti… 13.80
101-3005-61113 Electric - Eisenhower Park … 23.04
101-3005-61114 Electric - Desert Pride - Uti… 13.31
101-3005-61207 Water -Pioneer Park - Utili… 308.32
101-3007-60410 Printing 247.82
101-3007-60461 Marketing & Tourism Pro… 5,168.72
101-3008-60115 Janitorial 4,473.20
101-3008-60431 Materials/Supplies 897.42
101-6002-60103 Professional Services 1,235.69
101-6002-60125 Temporary Agency Servic… 9,216.72
101-6002-60450 Advertising 882.00
101-6003-60118 Plan Checks 33,724.26
101-6004-60108 Technical 40.00
101-6004-60125 Temporary Agency Servic… 2,432.88
101-7001-60400 Office Supplies 125.68
101-7002-60183 Map/Plan Checking 1,050.00
101-7003-60420 Operating Supplies 147.44
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Account Summary
Account Number Account Name Expense Amount
101-7006-60320 Travel & Training 248.00
201-7003-60429 Traffic Control Signs 241.86
201-7003-60431 Materials/Supplies 100.94
201-7003-60433 Paint/Legends 26.06
201-7003-61101 Electricity - Utilities 20.61
202-3004-60691 Maintenance/Services 222.92
202-3006-60691 Maintenance/Services 39.90
202-3006-61101 Electricity - Utilities 686.61
215-7004-60423 Supplies-Graffiti and Van… 40.72
215-7004-60427 Safety Gear 128.55
215-7004-60431 Materials/Supplies 181.18
215-7004-60432 Tools/Equipment 128.71
215-7004-60691 Maintenance/Services 4,256.00
215-7004-61116 Electric - Utilities 3,405.11
215-7004-61117 Electric - Medians - Utiliti… 1,614.74
215-7004-61211 Water - Medians - Utilities 220.39
241-9101-60103 Professional Services 6,000.00
244-0000-13600 Prepaid Expense 96,156.68
244-0000-60301 Software Licenses 68,328.32
247-0000-42706 Loan Repayments 10,000.00
401-0000-20600 Retention Payable -2,397.75
401-0000-60188 Construction 56,559.29
501-0000-60674 Fuel & Oil 4,213.07
501-0000-60675 Parts, Accessories, and Up… 86.84
502-0000-60104 Consultants 21,500.00
502-0000-60108 Technical 3,851.65
502-0000-60301 Software Licenses 8,675.60
502-0000-61400 Cable/Internet - Utilities 525.34
502-0000-71048 Public Works, Software E… 4,500.00
601-0000-60660 Repair & Maintenance 177.49
Grand Total: 446,479.68
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 380,806.38
111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-5433(014) 2,031.00 201804E Landscape & Lighting Median Island … Landscape & Lighting Median Island Improvements 3,648.00 202003CT Construction Expense Citywide Public Safety Camera System 5,837.00 202007CT Construction Expense SilverRock Retention Basin Soil Stabilization 47,955.00 202007RP Retention Payable SilverRock Retention Basin Soil Stabilization -2,397.75 202103CT Construction Expense Citywide Miscellaneous ADA Improvements 212.29 2122TMICT Construction Expense FY21/22 Traffic Maintenance Improvements 524.00 CORONANR Corona Non Reimbursable Corona Virus Emergency Response 4,473.20 IRONE Ironman Expense Ironman Event 2,171.84
LQACE La Quinta Art Celebration - Expense La Quinta Art Celebration 1,218.72 Grand Total: 446,479.68
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Demand Register
City of La Quinta Packet: APPKT03082 - 03/18/2022 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
CENTRAL COMMUNICATIONS 207303 03/2022 - STVR HOTLINE Professional Services 101-6004-60103 545.75 ROTO-LITE, INC 207335 03/11/22 - TREE RING LIGHTS INSTALLATI… Materials/Supplies 101-3005-60431 3,879.91 WILLDAN 207347 01/03-01/27/22 - ONCALL TRAFFIC ENGIN… Contract Traffic Engineer 101-7006-60144 13,790.00 PALMS TO PINES PRINTING 207329 03/09/22 - BUSINESS CARDS LQ Police Volunteers 101-2001-60109 376.84 PALMS TO PINES PRINTING 207329 03/09/22 - BUSINESS CARDS Printing 101-3007-60410 139.14 PALMS TO PINES PRINTING 207329 03/09/22 - BUSINESS CARDS Office Supplies 101-6004-60400 94.96 OLD TOWN LA QUINTA, LLC 207326 FY 21/22 ART ON MAIN STREET PROMOTI… Community Experiences 101-3003-60149 10,000.00 CRUM, JESSICA 207305 03/09/22 - CITATION REFUND LQP163122 Administrative Citations 101-0000-42700 50.00 ACTION PARK ALLIANCE, INC. 207292 03/15/22 - X PARK PRE-OPENING EXPENSES X-Park Programming 101-3003-60190 5,000.00 EPACE CONSULTING LLC 207310 01/03-02/28/22 - STVR COMPLIANCE ANA… Professional Services 101-1005-60103 4,339.65 GARDAWORLD 207314 03/2022 - ARMORED SERVICE Professional Services 101-1006-60103 283.71 THE LOCK SHOP, INC 207341 03/08/22 - WELLNESS CENTER KEY SERVICE Maintenance/Services 101-3008-60691 129.00 FERGUSON ENTERPRISES, INC 207311 03/02/22 - BATHROOM SINK FAUCET Materials/Supplies 101-3008-60431 188.61 OMEGA INDUSTRIAL SUPPLY, I… 207327 12/14/21 - GRAFFITI REMOVAL SUPPLIES Supplies-Graffiti and Vandalism 101-3005-60423 1,471.98 HR GREEN PACIFIC INC 207316 01/2022 - ONCALL PLAN CHECK SVCS ENG… Map/Plan Checking 101-7002-60183 7,702.50 NAI CONSULTING INC 207323 02/2022 CV LINK REVIEW Consultants 101-7006-60104 310.00 NAI CONSULTING INC 207323 02/2022 CAPITAL IMPROVEMENT PLAN Consultants 101-7006-60104 5,500.00 GALLAGHER BENEFIT SERVICES… 207313 FY 22/23-CLASS AND COMP STUDY SERVIC… Professional Services 101-1004-60103 4,675.00 LOS ANGELES MAGAZINE LLC 207322 02/2022 - eNEWSLETTER ADS Marketing & Tourism Promoti… 101-3007-60461 750.00 DESERT CONCEPTS CONSTRUC… 207307 3/9/22 - ELECTRICAL LINE FOR PALM TREE… Maintenance/Services 101-3005-60691 4,995.00 DUNN-EDWARDS CORPORATI… 207308 02/24/22 - PAINT & PAINT SUPPLIES Materials/Supplies 101-3008-60431 309.27 DUNN-EDWARDS CORPORATI… 207308 02/25/22 - PAINT & PAINT SUPPLES Materials/Supplies 101-3008-60431 351.76 DUNN-EDWARDS CORPORATI… 207308 03/10/22 - PAINT & PAINT SUPPLIES Materials/Supplies 101-3008-60431 257.25 VINTAGE ASSOCIATES 207345 03/09/22 - PLANT REPLACEMENT Maintenance/Services 101-3005-60691 810.00 XPRESS GRAPHICS 207349 03/10/22 - COMMUNITY WORKSHOP SIG… Printing 101-3007-60410 286.71 OFFICE DEPOT 207325 02/24/22 - OFFICE SUPPLES Office Supplies 101-1006-60400 50.59 OFFICE DEPOT 207325 02/24/22 - CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 13.03 OFFICE DEPOT 207325 03/09/22 - TONER J.DELGADO PRINTER Office Supplies 101-1006-60400 55.14 OFFICE DEPOT 207325 03/03/22 - ACCORDIAN FOLDERS Office Supplies 101-1006-60400 3.49 OFFICE DEPOT 207325 03/03/22 - CITYWIDE DISPOSIBLE CUPS Citywide Supplies 101-1007-60403 53.78 THE CHAMBER 207339 03/2022 - GEM ADVERTISING Marketing & Tourism Promoti… 101-3007-60461 6,870.83 STAPLES ADVANTAGE 207337 03/02/22 - WIRELESS KEYBOARD & MOUSE Operating Supplies 101-6006-60420 106.55 STAPLES ADVANTAGE 207337 03/10/22 - CITYWIDE ENVELOPES & COPY … Forms, Copier Paper 101-1007-60402 240.83 BIO-TOX LABORATORIES 207298 02/18/22 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 2,105.00 WHITE CAP CONSTRUCTION S… 207346 02/28/22 - SUPPLIES Operating Supplies 101-7003-60420 615.25 RASA/ERIC NELSON 207332 03/07/22 - FPM 2022-0001 ONCALL MAP … Map/Plan Checking 101-7002-60183 3,705.00 RASA/ERIC NELSON 207332 03/08/22 - LLA 2022-0002 ONCALL MAP C… Map/Plan Checking 101-7002-60183 680.00 RASA/ERIC NELSON 207332 03/08/22 - LLA 2022-0001 ONCALL MAP C… Map/Plan Checking 101-7002-60183 370.00 ALPHA MEDIA LLC 207293 01/2022 - RADIO ADS 93.7 KCLB Marketing & Tourism Promoti… 101-3007-60461 337.50 ALPHA MEDIA LLC 207293 01/2022 - RADIO ADS MIX 100.5 Marketing & Tourism Promoti… 101-3007-60461 337.50 WOOD, RUSSELL DAVID 207348 01/27/22 - POLICE TOW LA220230068 Sheriff - Other 101-2001-60176 271.00 WOOD, RUSSELL DAVID 207348 01/25/22 - POLICE TOW LA220230068 Sheriff - Other 101-2001-60176 362.00 WOOD, RUSSELL DAVID 207348 01/25/22 - POLICE TOW LA220230068 Sheriff - Other 101-2001-60176 271.00 WOOD, RUSSELL DAVID 207348 02/18/22 - POLICE TOW LA220490631 Sheriff - Other 101-2001-60176 271.00 ROBERT HALF 207334 12/31/21 - TEMP AGECNY SERVICES G.HU Temporary Agency Services 101-6002-60125 799.20 ROBERT HALF 207334 12/31/21 - TEMP AGENCY SERVICES J.AG… Temporary Agency Services 101-6004-60125 810.96 ROBERT HALF 207334 01/21/22 - TEMP AGENCY SERVICES G.HU Temporary Agency Services 101-6002-60125 1,084.32 ROBERT HALF 207334 03/04/22 - TEMP AGENCY SERVICES T.SU… Temporary Agency Services 101-1005-60125 635.31 BRIGHT EVENT RENTALS, LLC 207300 12/03/21 - FENCING & HEATERS FOR TREE… Community Experiences 101-3003-60149 2,394.94 AMERICAN FORENSIC NURSES … 207294 02/7/22 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 428.54 AMERICAN FORENSIC NURSES … 207294 02/28/22 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 61.22 JNS MEDIA SPECIALISTS 207318 02/2022 INVOICES & 03/2022 RETAINER Marketing & Tourism Promoti… 101-3007-60461 8,298.53 T MOBILE USA INC 207338 02/09-02/10/22 - GPS LOCATE Special Enforcement Funds 101-2001-60175 60.00 116 Click Here to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount JT TECH INC. 207320 03/14/22 - X-PARK WIFI HARDWARE SALES… Sales Taxes Payable 101-0000-20304 -63.04 COACHELLA VALLEY WATER DI… 207304 03/10/22 - WATER SERVICE Water - Utilities 101-2002-61200 566.52 COACHELLA VALLEY WATER DI… 207304 03/10/22 - WATER SERVICE Water - Utilities 101-3008-61200 24.71 THE GAS COMPANY 207340 01/31-03/02/22 - FS #93 GAS SVC Gas - Utilities 101-2002-61100 119.94 BURRTEC WASTE & RECYCLING… 207301 02/22/22 -TRASH SERVICE AMEX Professional Services 101-1002-60103 533.91 BANK OF THE WEST 207296 02/28/2022 - ANNUAL MEMBERSHIP FEE Credit Card Fees 101-1006-60122 135.00 BANK OF THE WEST 207296 01/31/22 - CARPET INSTALLATION Materials/Supplies 101-3008-60431 343.00 BANK OF THE WEST 207296 02/22/22 - INTERVIEW PANEL LUNCH Recruiting/Pre-Employment 101-1004-60129 94.39 BANK OF THE WEST 207296 02/07/22 - CSMFO MEMBERSHIP C.MART… Membership Dues 101-1006-60351 110.00 BANK OF THE WEST 207296 01/31/22 - PLANNER C.MARTINEZ Office Supplies 101-1006-60400 21.74 BANK OF THE WEST 207296 02/16/22 - CITYWIDE COFFEE Citywide Supplies 101-1007-60403 23.90 BANK OF THE WEST 207296 02/23/22 - MATS (2) Citywide Supplies 101-1007-60403 32.61 BANK OF THE WEST 207296 02/2022 - MAILCHIMP Membership Dues 101-3007-60351 120.00 BANK OF THE WEST 207296 02/22/22 - ICLOUD STORAGE K.CAMARENA Marketing & Tourism Promoti… 101-3007-60461 0.99 BANK OF THE WEST 207296 02/25/22 - ICLOUD STORAGE UPGRADE M… Marketing & Tourism Promoti… 101-3007-60461 19.95 BANK OF THE WEST 207296 02/25/22 - CREDIT FOR ICLOUD STORAGE … Marketing & Tourism Promoti… 101-3007-60461 -7.50 BANK OF THE WEST 207296 01/31/22 - FB BOOSTED ADS Marketing & Tourism Promoti… 101-3007-60461 177.47 BANK OF THE WEST 207296 02/2022 - APPLE MUSIC M.GRAHAM Marketing & Tourism Promoti… 101-3007-60461 14.99 BANK OF THE WEST 207296 02/22/22 - SAFETY VESTS (16) Operating Supplies 101-7001-60420 189.31 BANK OF THE WEST 207296 1/31/22 - PLAYGROUND SAFETY TRAINING… Travel & Training 101-3005-60320 625.00 BANK OF THE WEST 207296 02/01/22 - CSPI COURSE R.SEVILLA Travel & Training 101-3005-60320 100.00 BANK OF THE WEST 207296 02/18/22 - FLAG DROP OFF BOX SALES TAX Sales Taxes Payable 101-0000-20304 -87.41 BANK OF THE WEST 207296 01/28/22 - PLEXIGLASS (4) SALES TAX Sales Taxes Payable 101-0000-20304 -9.28 BANK OF THE WEST 207296 02/07/22 - JOB POSTING ACCOUNTING M… Recruiting/Pre-Employment 101-1004-60129 150.00 BANK OF THE WEST 207296 02/07/22 - JOB POSTING ACCOUNTING M… Recruiting/Pre-Employment 101-1004-60129 275.00 BANK OF THE WEST 207296 02/23/22 - WORLD AT WORK MEMBERSHIP Membership Dues 101-1004-60351 640.00 BANK OF THE WEST 207296 02/15-02/17/22 - CSMFO CONFERENCE S.… Travel & Training 101-1006-60320 570.16 BANK OF THE WEST 207296 02/01/22 - CSMFO MEMBERSHIP K.BLON… Membership Dues 101-1006-60351 110.00 BANK OF THE WEST 207296 02/09/22 - CAPPO MEMEBERSHIP D.ARM… Membership Dues 101-1006-60351 130.00 BANK OF THE WEST 207296 11/05/21 - UNIFORMS K.MOORE 1 OF 2 Special Enforcement Funds 101-2001-60175 624.20 BANK OF THE WEST 207296 01/28/22 - PLEXIGLASS (4) Operating Supplies 101-3002-60420 127.57 BANK OF THE WEST 207296 02/09/22 - TOY BUNNIES (24) Community Experiences 101-3003-60149 260.72 BANK OF THE WEST 207296 02/23/22 - EASTER GRASS (40) Community Experiences 101-3003-60149 52.19 BANK OF THE WEST 207296 02/24/22 - SUPPLIES FOR EASTER EGG HU… Community Experiences 101-3003-60149 3,692.52 BANK OF THE WEST 207296 02/04/22 - SUPPLIES FOR ROCKET EVENT Operating Supplies 101-3003-60420 501.09 BANK OF THE WEST 207296 02/18/22 - CEQA FILING FOR HOUSING EL… Professional Services 101-6002-60103 2,657.23 BANK OF THE WEST 207296 01/24/22 - EXPRESS LANE VIOLATION Travel & Training 101-7001-60320 27.60 BANK OF THE WEST 207296 02/01/22 - EXPRESS LANE VIOLATION Travel & Training 101-7001-60320 34.15 BANK OF THE WEST 207296 02/01/22 - EXPRESS LANE VIOLATION Travel & Training 101-7001-60320 29.25 BANK OF THE WEST 207296 01/31/22 - EXPRESS LANE VIOLATION Travel & Training 101-7001-60320 28.65 BANK OF THE WEST 207296 02/24/22 - DVBA DINNER S.SANCHEZ Travel & Training 101-1001-60320 75.00 BANK OF THE WEST 207296 02/24/22 - DVBA DINNER J.PENA Travel & Training 101-1001-60320 75.00 BANK OF THE WEST 207296 02/24/22 - DVBA DINNER L.EVANS Travel & Training 101-1001-60320 75.00 BANK OF THE WEST 207296 02/02-02/04/22 - OVERNIGHT TRAVEL J.… Travel & Training 101-1002-60320 327.84 BANK OF THE WEST 207296 01/31/22 - LUNCH MEETING WITH LQ PA… Travel & Training 101-1002-60320 20.01 BANK OF THE WEST 207296 01/06/22 - TTC 200 TRAINING L.MCGINLEY Travel & Training 101-1005-60320 1,500.00 BANK OF THE WEST 207296 02/28/22 - PDF COMPRESSION PLAN Operating Supplies 101-1005-60420 110.70 BANK OF THE WEST 207296 02/07/22 - OFFICE SUPPLIES Office Supplies 101-7003-60400 27.18 PACIFIC WEST AIR CONDITION… 207328 03/1/22 - CH WATER TREATMENT HVAC 101-3008-60667 125.00 GOVOS, INC. 207315 04/2022 - STVR PERMITTING SOFTWARE Professional Services 101-6006-60103 3,820.00 FRONTIER COMMUNICATIONS… 207312 03/2022 - LQ PARK PHONE Telephone - Utilities 101-3005-61300 47.52 FRONTIER COMMUNICATIONS… 207312 02/28-03/27/22 - SPORTS COMPLEX PHO… Telephone - Utilities 101-3005-61300 38.20 OCEAN SPRINGS TECH INC 207324 03/08/22 - FB POOL HEATER REPAIRS Fritz Burns Pool Maintenance 101-3005-60184 185.25 OCEAN SPRINGS TECH INC 207324 03/08/22 - FB POOL BACKWASH VALVE LI… Fritz Burns Pool Maintenance 101-3005-60184 649.08 COACHELLA VALLEY WATER DI… 207304 03/10/22 - WATER SERVICE Water -Fritz Burns Park - Utiliti… 101-3005-61204 1,499.57 COACHELLA VALLEY WATER DI… 207304 03/10/22 - WATER SERVICE Water - Utilities 101-3008-61200 623.17 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Sheriff Patrol 101-2001-60161 670,257.62 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Police Overtime 101-2001-60162 17,442.19 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Target Team 101-2001-60163 147,436.59 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Community Services Officer 101-2001-60164 60,491.44 117 Click Here to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Narcotics Task Force 101-2001-60167 15,294.40 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Motor Officer 101-2001-60169 142,299.60 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Dedicated Sargeants 101-2001-60170 41,527.77 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Dedicated Lieutenant 101-2001-60171 23,384.00 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Sheriff - Mileage 101-2001-60172 26,038.12 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE Special Enforcement Funds 101-2001-60175 677.64 RIVERSIDE COUNTY SHERIFF D… 207333 01/25-02/24/22 - MOTOR FUEL CHARGERS Sheriff - Other 101-2001-60176 425.96 QUINN COMPANY 207331 02/21/22 - CATERPILLAR INSPECTION SRVC… Machinery & Equipment 101-2002-80101 343.50 QUINN COMPANY 207331 02/21/22 - KOHLER INSPECTION SRVC CIVI… Machinery & Equipment 101-2002-80101 343.50 QUINN COMPANY 207331 02/21/22 - GENERATOR INSPECTION SERV… Machinery & Equipment 101-2002-80101 343.50 QUINN COMPANY 207331 02/21/22 - CATERPILLAR INSPECTION SERV… Machinery & Equipment 101-2002-80101 343.50 QUINN COMPANY 207331 02/21/22 - FS #93 GENERATOR INSPECTI… Machinery & Equipment 101-2002-80101 343.50 QUINN COMPANY 207331 02/21/22 - GENERATOR INSPECTION SERV… Machinery & Equipment 101-2002-80101 343.50 Fund 101 - GENERAL FUND Total: 1,267,060.93
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC 207342 03/10/22 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 1,030.53 TOPS' N BARRICADES INC 207342 03/10/22 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 96.79 TOPS' N BARRICADES INC 207342 03/11/22 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 96.14 TOPS' N BARRICADES INC 207342 03/14/22 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 152.21 Fund 201 - GAS TAX FUND Total: 1,375.67
Fund: 202 - LIBRARY & MUSEUM FUND
COACHELLA VALLEY WATER DI… 207304 03/10/22 - WATER SERVICE Water - Utilities 202-3006-61200 237.03 PACIFIC WEST AIR CONDITION… 207328 12/13/21 & 01/26/22 - HVAC REPAIRS HVAC 202-3006-60667 1,522.11 PACIFIC WEST AIR CONDITION… 207328 03/1/22 - LIBRARY WATER TREATMENT HVAC 202-3004-60667 125.00 JOHNSTONE SUPPLY 207319 03/07/22 - LIBRARY HVAC PART HVAC 202-3004-60667 21.33 Fund 202 - LIBRARY & MUSEUM FUND Total: 1,905.47
Fund: 212 - SLESA (COPS) FUND
RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE COPS Robbery Prevention 212-0000-60178 113.81 RIVERSIDE COUNTY SHERIFF D… 207333 12/16/21-01/12/22 - BP #7 POLICE SERVICE COPS Burglary/Theft Preventi… 212-0000-60179 3,616.22 Fund 212 - SLESA (COPS) FUND Total: 3,730.03
Fund: 215 - LIGHTING & LANDSCAPING FUND
TRI-STATE MATERIALS INC 207343 03/03/22 - LANDSCAPE D.G Materials/Supplies 215-7004-60431 5,426.72 CALIFORNIA DESERT NURSERY,… 207302 02/28/22 - PLANTS Materials/Supplies 215-7004-60431 297.39 CALIFORNIA DESERT NURSERY,… 207302 02/28/22 - PLANTS Materials/Supplies 215-7004-60431 90.51 IMPERIAL IRRIGATION DIST 207317 03/10/22 - ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 13.47 COACHELLA VALLEY WATER DI… 207304 03/10/22 - WATER SERVICE Water - Medians - Utilities 215-7004-61211 8,418.63 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 14,246.72 Fund: 221 - AB 939 - CALRECYCLE FUND
ALPHA MEDIA LLC 207293 01/2022 - RADIO ADS 93.7 KCLB AB 939 Recycling Solutions 221-0000-60127 1,237.64 ALPHA MEDIA LLC 207293 01/2022 - RADIO ADS MIX 100.5 AB 939 Recycling Solutions 221-0000-60127 1,237.64 BANK OF THE WEST 207296 02/03/22 - BATTERY RECYCLE BINS (3) AB 939 Recycling Solutions 221-0000-60127 111.24 BANK OF THE WEST 207296 02/15/22 - RECYCLE BINS FOR X-PARK AB 939 Recycling Solutions 221-0000-60127 515.48 Fund 221 - AB 939 - CALRECYCLE FUND Total: 3,102.00
Fund: 241 - HOUSING AUTHORITY
BANK OF THE WEST 207296 02/14/22 - OFFICE SUPPLIES Operating Supplies 241-9101-60420 93.80 Fund 241 - HOUSING AUTHORITY Total: 93.80
Fund: 270 - ART IN PUBLIC PLACES FUND
SIGNATURE SCULPTURE 207336 03/14/22 - 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. 207321 03/08/22 - LED INDICATION LIGHTS Construction 401-0000-60188 2,287.15 CURB SAWING CO. 207306 02/10/22 - CURB CUTTING AT X-PARK Construction 401-0000-60188 4,200.00 NAI CONSULTING INC 207323 02/2022 VILLAGE ART/CULTURAL PLAZA Professional Services 401-0000-60103 310.00 NAI CONSULTING INC 207323 02/2022 PAVEMENT MANAGEMENT PLAN… Professional Services 401-0000-60103 657.50 NAI CONSULTING INC 207323 02/2022 FRITZ BURNS PARK IMPROVEME… Professional Services 401-0000-60103 75.00 NAI CONSULTING INC 207323 02/2022 LA QUINTA X PARK Professional Services 401-0000-60103 4,340.00 NAI CONSULTING INC 207323 02/2022 SRR RETENTION BASIN SOIL STAB… Professional Services 401-0000-60103 732.50 NAI CONSULTING INC 207323 02/2022 LQ LANDSCAPE RENOVATION IM… Professional Services 401-0000-60103 4,202.50 118 Click Here to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount NAI CONSULTING INC 207323 02/2022 CITYWIDE MISC ADA IMPROVEM… Professional Services 401-0000-60103 460.00 NAI CONSULTING INC 207323 02/2022 PAVEMENT MANAGEMENT PLAN Professional Services 401-0000-60103 37.50 NAI CONSULTING INC 207323 02/2022 HIGHWAY 111 CORRIDOR Professional Services 401-0000-60103 1,277.50 NAI CONSULTING INC 207323 02/2022 WASHINGTON STREET AT FRED … Professional Services 401-0000-60103 465.00 NAI CONSULTING INC 207323 02/2022 TRAFFIC MANAGEMENT CENTER Professional Services 401-0000-60103 775.00 NAI CONSULTING INC 207323 02/2022 JEFFERSON STREET AT AVENUE 5… Professional Services 401-0000-60103 1,860.00 NAI CONSULTING INC 207323 02/2022 WASHINGTON ST AVE50/CALLE … Professional Services 401-0000-60103 732.50 NAI CONSULTING INC 207323 02/2022 CITYWIDE STRIPPING REFRESH Professional Services 401-0000-60103 11,825.00 NAI CONSULTING INC 207323 02/2022 DUNE PALMS RD PAV REHAB FR… Professional Services 401-0000-60103 150.00 NAI CONSULTING INC 207323 02/2022 SILVERROCK RESORT INFRASTRU… Professional Services 401-0000-60103 465.00 NAI CONSULTING INC 207323 02/2022 DUNE PALMS BRIDGE IMPROVE… Professional Services 401-0000-60103 6,235.00 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 41,087.15 Fund: 501 - FACILITY & FLEET REPLACEMENT
PETERS, JAMES 207330 2/11/22 - CITY VEHICLE FLOORLINER REIM… Parts, Accessories, and Upfits 501-0000-60675 148.45 AMERICAN TIRE DEPOT 207295 08/11/21 - TIRES FOR TRUCK #30 Vehicle Repair & Maintenance 501-0000-60676 397.01 AMERICAN TIRE DEPOT 207295 09/06/21 - TIRES FOR TRUCK # 75 Vehicle Repair & Maintenance 501-0000-60676 659.21 AMERICAN TIRE DEPOT 207295 10/06/21 - TIRES FOR TRUCK # 28 Vehicle Repair & Maintenance 501-0000-60676 307.86 AMERICAN TIRE DEPOT 207295 10/26/21 - TIRES FOR TRUCK #12 Vehicle Repair & Maintenance 501-0000-60676 915.86 BMW MOTORCYCLES OF RIVE… 207299 03/01/22 - MOTORCYCLE INSPECTION & R… Motorcycle Repair & Mainten… 501-0000-60679 171.00 ENTERPRISE FM TRUST 207309 02/2022 - FLEET LEASE Vehicles, Rentals & Leases 501-0000-71030 16,808.45 THE GAS COMPANY 207340 02/01-03/01/22 - SWEEPER FUEL Street Sweeper 501-0000-60678 13.00 BANK OF THE WEST 207296 02/22/22 - FUEL Fuel & Oil 501-0000-60674 125.06 BANK OF THE WEST 207296 02/22/22 - FUEL Fuel & Oil 501-0000-60674 87.22 BANK OF THE WEST 207296 02/18/22 - FLAG DROP OFF BOX City Bldg Repl/Repair 501-0000-71103 1,086.41 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 20,719.53 Fund: 502 - INFORMATION TECHNOLOGY
ACORN TECHNOLOGY SERVICES 207291 03/2022 - TRAFFIC SERVER MAINTENANCE Public Works, Software Enhan… 502-0000-71048 765.00 VERIZON WIRELESS 207344 02/02-03/01/22 - CITY IPADS (5587) Cell/Mobile Phones 502-0000-61301 1,153.26 VERIZON WIRELESS 207344 02/02/03/01/22 - CITY CELL SVC (5496) Cell/Mobile Phones 502-0000-61301 2,375.50 JT TECH INC. 207320 03/14/22 - X-PARK WIFI HARDWARE Operating Supplies 502-0000-60420 805.54 BANK OF THE WEST 207296 02/2022 - ADOBE HOMEBASE J.DELGADO Software Licenses 502-0000-60301 14.99 BANK OF THE WEST 207296 02/23/22 - APPLE AIR TAGS & CASES Operating Supplies 502-0000-60420 120.70 BANK OF THE WEST 207296 02/10/22 - 5 EARBUDS FOR IT STOCK & HR Operating Supplies 502-0000-60420 108.70 BANK OF THE WEST 207296 02/27-03/29/22 - UBIQ SUBSCRIPTION D & D, Software Enhancements 502-0000-71042 60.48 FRONTIER COMMUNICATIONS… 207312 03/03-04/02/22 - 2ND CITY INTERNET LINE Cable/Internet - Utilities 502-0000-61400 1,190.00 FRONTIER COMMUNICATIONS… 207312 02/27-03/26/22 - BLACKHAWK/LQ PARK D… Cable/Internet - Utilities 502-0000-61400 75.98 Fund 502 - INFORMATION TECHNOLOGY Total: 6,670.15
Fund: 601 - SILVERROCK RESORT
GARDAWORLD 207314 03/2022 - SRR ARMORED SERVICE Bank Fees 601-0000-60455 719.49 GARDAWORLD 207314 02/2022 - SRR ARMORED SERVICE Bank Fees 601-0000-60455 132.89 Fund 601 - SILVERROCK RESORT Total: 852.38
Grand Total: 1,373,081.33
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 1,267,060.93
201 - GAS TAX FUND 1,375.67
202 - LIBRARY & MUSEUM FUND 1,905.47
212 - SLESA (COPS) FUND 3,730.03
215 - LIGHTING & LANDSCAPING FUND 14,246.72
221 - AB 939 - CALRECYCLE FUND 3,102.00
241 - HOUSING AUTHORITY 93.80
270 - ART IN PUBLIC PLACES FUND 12,237.50
401 - CAPITAL IMPROVEMENT PROGRAMS 41,087.15
501 - FACILITY & FLEET REPLACEMENT 20,719.53
502 - INFORMATION TECHNOLOGY 6,670.15
601 - SILVERROCK RESORT 852.38
Grand Total: 1,373,081.33
Account Summary
Account Number Account Name Expense Amount
101-0000-20304 Sales Taxes Payable -159.73
101-0000-42700 Administrative Citations 50.00
101-1001-60320 Travel & Training 225.00
101-1002-60103 Professional Services 533.91
101-1002-60320 Travel & Training 347.85
101-1004-60103 Professional Services 4,675.00
101-1004-60129 Recruiting/Pre-Employme… 519.39
101-1004-60351 Membership Dues 640.00
101-1005-60103 Professional Services 4,339.65
101-1005-60125 Temporary Agency Servic… 635.31
101-1005-60320 Travel & Training 1,500.00
101-1005-60420 Operating Supplies 110.70
101-1006-60103 Professional Services 283.71
101-1006-60122 Credit Card Fees 135.00
101-1006-60320 Travel & Training 570.16
101-1006-60351 Membership Dues 350.00
101-1006-60400 Office Supplies 130.96
101-1007-60402 Forms, Copier Paper 240.83
101-1007-60403 Citywide Supplies 123.32
101-2001-60109 LQ Police Volunteers 376.84
101-2001-60161 Sheriff Patrol 670,257.62
101-2001-60162 Police Overtime 17,442.19
101-2001-60163 Target Team 147,436.59
101-2001-60164 Community Services Offic… 60,491.44
101-2001-60167 Narcotics Task Force 15,294.40
101-2001-60169 Motor Officer 142,299.60
101-2001-60170 Dedicated Sargeants 41,527.77
101-2001-60171 Dedicated Lieutenant 23,384.00
101-2001-60172 Sheriff - Mileage 26,038.12
101-2001-60174 Blood/Alcohol Testing 2,594.76
101-2001-60175 Special Enforcement Funds 1,361.84
101-2001-60176 Sheriff - Other 1,600.96
101-2002-61100 Gas - Utilities 119.94
101-2002-61200 Water - Utilities 566.52
101-2002-80101 Machinery & Equipment 2,061.00
101-3002-60420 Operating Supplies 127.57
101-3003-60149 Community Experiences 16,400.37
101-3003-60190 X-Park Programming 5,000.00
101-3003-60420 Operating Supplies 501.09
101-3005-60184 Fritz Burns Pool Maintena… 834.33
101-3005-60320 Travel & Training 725.00
101-3005-60423 Supplies-Graffiti and Van… 1,471.98
101-3005-60431 Materials/Supplies 3,879.91
120 Click Here to Return to Agenda
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Account Summary
Account Number Account Name Expense Amount
101-3005-60691 Maintenance/Services 5,805.00
101-3005-61204 Water -Fritz Burns Park - … 1,499.57
101-3005-61300 Telephone - Utilities 85.72
101-3007-60351 Membership Dues 120.00
101-3007-60410 Printing 425.85
101-3007-60461 Marketing & Tourism Pro… 16,800.26
101-3008-60431 Materials/Supplies 1,449.89
101-3008-60667 HVAC 125.00
101-3008-60691 Maintenance/Services 129.00
101-3008-61200 Water - Utilities 647.88
101-6002-60103 Professional Services 2,657.23
101-6002-60125 Temporary Agency Servic… 1,883.52
101-6004-60103 Professional Services 545.75
101-6004-60125 Temporary Agency Servic… 810.96
101-6004-60400 Office Supplies 94.96
101-6006-60103 Professional Services 3,820.00
101-6006-60420 Operating Supplies 106.55
101-7001-60320 Travel & Training 119.65
101-7001-60420 Operating Supplies 189.31
101-7002-60183 Map/Plan Checking 12,457.50
101-7003-60400 Office Supplies 27.18
101-7003-60420 Operating Supplies 615.25
101-7006-60104 Consultants 5,810.00
101-7006-60144 Contract Traffic Engineer 13,790.00
201-7003-60429 Traffic Control Signs 1,375.67
202-3004-60667 HVAC 146.33
202-3006-60667 HVAC 1,522.11
202-3006-61200 Water - Utilities 237.03
212-0000-60178 COPS Robbery Prevention 113.81
212-0000-60179 COPS Burglary/Theft Prev… 3,616.22
215-7004-60431 Materials/Supplies 5,814.62
215-7004-61117 Electric - Medians - Utiliti… 13.47
215-7004-61211 Water - Medians - Utilities 8,418.63
221-0000-60127 AB 939 Recycling Solutions 3,102.00
241-9101-60420 Operating Supplies 93.80
270-0000-60683 APP Maintenance 12,237.50
401-0000-60103 Professional Services 34,600.00
401-0000-60188 Construction 6,487.15
501-0000-60674 Fuel & Oil 212.28
501-0000-60675 Parts, Accessories, and Up… 148.45
501-0000-60676 Vehicle Repair & Mainte… 2,279.94
501-0000-60678 Street Sweeper 13.00
501-0000-60679 Motorcycle Repair & Main… 171.00
501-0000-71030 Vehicles, Rentals & Leases 16,808.45
501-0000-71103 City Bldg Repl/Repair 1,086.41
502-0000-60301 Software Licenses 14.99
502-0000-60420 Operating Supplies 1,034.94
502-0000-61301 Cell/Mobile Phones 3,528.76
502-0000-61400 Cable/Internet - Utilities 1,265.98
502-0000-71042 D & D, Software Enhance… 60.48
502-0000-71048 Public Works, Software E… 765.00
601-0000-60455 Bank Fees 852.38
Grand Total: 1,373,081.33
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 1,314,359.87
111205P Professional Expense Dune Palms Bridge Imp/BRLKS-5433(014) 6,235.00 121 Click Here to Return to Agenda
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Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount 141513P Professional Expense SilverRock Way Infra/Street Improvements 465.00 151609CT Construction Expense La Quinta X Park 4,200.00 151609P Professional Expense La Quinta X Park 4,340.00
201603P Professional Expense La Quinta Landscape Renovation Improvement 4,202.50 201701P Professional Expense Washington Street at Fred Waring Drive 465.00 201709P Professional Expense Ave 53 Jefferson St.Roundabout 1,860.00 201901P Professional Expense Village Art Plaza Promenade & Cultural Campus 310.00 201905P Professional Expense Highway 111 Corridor Area Plan Implementation1,277.50 201923P Professional Expense Washington St at Ave 50/Calle Tampico ADA 732.50 201924P Professional Expense 5 Year Pavement Management Update 37.50 202007P Professional Expense SilverRock Retention Basin Soil Stabilization 732.50 202101P Professional Expense Dune Palms Rd Pavement Rehab-Fred Waring to Miles 150.00 202102P Professional Expense Fritz Burns Park Improvements 75.00 202103P Professional Expense Citywide Miscellaneous ADA Improvements 460.00 202104P Professional Expense Citywide Striping Refresh 11,825.00 202109P Professional Expense Traffic Management Center 775.00 2122PMPP Professional Expense FY21/22 Pavement Management Plan 657.50 2122TMICT Construction Expense FY21/22 Traffic Maintenance Improvements 2,287.15 AMEXE American Express Misc Expenses American Express Golf Tournament 533.91 CSA152E CSA 152 Expenses CSA 152 Project Tracking 13.00 EGGE La Quinta Egg Hunt Expense La Quinta Egg Hunt 4,005.43 LQACE La Quinta Art Celebration - Expense La Quinta Art Celebration 675.00 ROCKETE Mission La Quinta Rocket Launch Ex… Mission La Quinta Rocket Launch 501.09 STVRE Short Term Vacation Rental Expense Short Term Vacation Rental Tracking 8,705.40 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 2,394.94 XPARKE X Park Expenses X Park 805.54
Grand Total: 1,373,081.33
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Demand Register
City of La Quinta Packet: APPKT03088 - 03/25/2022 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
CHARTER COMMUNICATIONS … 207356 03/05-04/04/22 - FS #32 INTERNET (1841) Cable/Internet - Utilities 101-2002-61400 10.56 FLORES, CARLOS 207368 03/15/22 - ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reimb… 101-1004-50252 200.00 LOPEZ, MICHELLE 207380 03/15/22 - ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reimb… 101-1004-50252 200.00 COACHELLA MUSIC FESTIVAL L… 207357 03/17/22 - DEVELOPER DEPOST REFUND … Developer Deposits 101-0000-22810 2,284.00 COACHELLA MUSIC FESTIVAL L… 207357 03/17/22 - DEVELOPER DEPOST REFUND … Developer Deposits 101-0000-22810 505,606.00 COACHELLA MUSIC FESTIVAL L… 207357 03/17/22 - DEVELOPER DEPOSIT REFUND … Developer Deposits 101-0000-22810 75,090.00 SOUTHWEST AQUATICS INC 207398 03/2022 - LAKE MAINTENANCE SERVICES Civic Center Lake Maintenance 101-3005-60117 1,350.00 SOUTHWEST AQUATICS INC 207398 03/2022 - LAKE MAINTENANCE SERVICES SilverRock Lake Maintenance 101-3005-60189 1,350.00 JOHNSTON, ALEXANDER 207378 3/21/22 - CERT TRAINING BREAKFAST/SN… Travel & Training 101-2002-60320 146.28 CHARTER COMMUNICATIONS … 207356 03/03-04/02/22 - FS #93 INTERNET (3514) Cable/Internet - Utilities 101-2002-61400 99.99 SPARKLETTS 207399 02/23/22 & 03/09/22 - DRINKING WATER Operating Supplies 101-7003-60420 167.65 DATA TICKET, INC. 207362 01/2022 - CODE CITATION PROCESSING Administrative Citation Services 101-6004-60111 327.00 DATA TICKET, INC. 207362 01/2022 - POLICE CITATION PROCESSING Administrative Citation Services 101-6004-60111 340.73 POWERS AWARDS INC 207390 03/07/22- NAME PLATES FOR FAC MEME… Printing 101-1006-60410 94.81 SPARKLETTS 207399 02/23/22 & 03/09/22 - CITYWIDE DRINKI… Citywide Supplies 101-1007-60403 168.32 JOE A GONSALVES & SON 207377 04/2022 - LOBBYIST SERVICES Contract Services - Administrat… 101-1002-60101 3,500.00 RUDY, LORI A 207394 03/31/22 - ESSENTIAL FITNESS CLASS Instructors 101-3002-60107 84.00 RUDY, LORI A 207394 03/31/22 - ESSENTIAL FITNESS DI CLASS Instructors 101-3002-60107 8.40 CORTEZ, ELISABETH 207359 03/17/22 - YOGA INDOORS CLASS Instructors 101-3002-60107 147.00 CORTEZ, ELISABETH 207359 03/17/22 - YOGA DI CLASSES Instructors 101-3002-60107 100.80 VIELHARBER, KAREN 207406 03/17/22 - GENTLE YOGA CLASS Instructors 101-3002-60107 168.00 VIELHARBER, KAREN 207406 03/17/22 - GENTLE YOGA DI CLASSES Instructors 101-3002-60107 27.30 VIELHARBER, KAREN 207406 03/17/22 - GENTLE YOGA CLASS Instructors 101-3002-60107 280.00 VIELHARBER, KAREN 207406 03/17/22 - GENTLE YOGA DI CLASS Instructors 101-3002-60107 18.20 HEWETT, ATSUKO YAMANE 207372 03/17/22 - TAI CHI YANG CLASS Instructors 101-3002-60107 201.60 NOVAK, JAN 207383 03/17/22 - PICKLEBALL 101 BEGINNER CL… Instructors 101-3002-60107 520.00 WORLD TRIATHLON CORPORA… 207409 2021 VENUE HOST FOR IRONMAN Community Experiences 101-3003-60149 75,000.00 APPRISE BY WALKER & DUNLOP 207353 02/17/22 - NORTH SIDE OF HWY 111 APP… Professional Services 101-1002-60103 1,750.00 ANSAFONE CONTACT CENTERS 207352 02/14-03/13/22 - PM 10 ANSWERING SER… PM 10 - Dust Control 101-7006-60146 281.94 VINTAGE ASSOCIATES 207407 03/2022 - MONTHLY MAINTENANCE Landscape Contract 101-3005-60112 48,536.32 DESERT RECREATION DISTRICT 207364 02/2022 - FB POOL OPERATIONS & PROG… Fritz Burns Pool Programming 101-3003-60184 8,702.05 BIO-TOX LABORATORIES 207354 08/02/21 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 281.00 BIO-TOX LABORATORIES 207354 02/18/22 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 222.00 ROBERT HALF 207393 02/04/22 - TEMP AGENCY SERVICES J.AG… Temporary Agency Services 101-6004-60125 1,351.60 SIGNATURE TINT 207396 03/10/22 - SRR PARK BUILDING WINDOW … Maintenance/Services 101-3008-60691 380.00 ROBERT HALF 207393 03/04/22 - TEMP AGENCY SERVICES J.AG… Temporary Agency Services 101-6004-60125 1,351.60 ROBERT HALF 207393 03/11/22 - TEMP AGENCY SERVICES T.SU… Temporary Agency Services 101-1005-60125 643.46 MERCHANTS BUILDING MAINT… 207381 11/30/21 - CH COVID 19 CLEANING Janitorial 101-3008-60115 2,904.00 MERCHANTS BUILDING MAINT… 207381 11/30/2021 - WC COVID 19 CLEANING Janitorial 101-3008-60115 1,299.20 MERCHANTS BUILDING MAINT… 207381 11/30/21 - PW COVID 19 CLEANING Janitorial 101-3008-60115 270.00 AMERICAN FORENSIC NURSES … 207351 03/08/22 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 94.61 INTERWEST CONSULTING GR… 207376 01/2022 - INSPECTION SERVICES Plan Checks 101-6003-60118 14,077.95 ESGIL CORPORATION 207367 01/2022 - ONCALL PLAN REVIEW Plan Checks 101-6003-60118 2,520.00 TOP OF THE LINE SIGNS 207403 03/18/22 - SIGNAGE Materials/Supplies 101-3005-60431 514.65 PATTON DOOR & GATE 207388 09/30/21 - PW YARD GATE REPAIR Maintenance/Services 101-3008-60691 125.00 GRAINGER 207370 10/20/21 - WASHROOM MIRROR (2) Materials/Supplies 101-3008-60431 384.80 GRAINGER 207370 12/08/21 - TOILET PAPER HOLDERS (10) Materials/Supplies 101-3008-60431 344.52 GRAINGER 207370 03/14/22 - TOILET PAPER HOLDERS (10) Materials/Supplies 101-3008-60431 739.75 GRAINGER 207370 03/14/22 - SOAP DISPENSERS (6) Materials/Supplies 101-3008-60431 383.73 THE SHERWIN-WILLIAMS CO. 207402 03/14/22 - GRAFFITI REMOVAL SUPPLIES Supplies-Graffiti and Vandalism 101-3005-60423 110.90 PWLC II, INC 207391 03/2022 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,304.54 DEPARTMENT OF ANIMAL SER… 207363 01/2022 - ANIMAL SERVICES Animal Shelter Contract Service 101-6004-60197 21,918.86 COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE Water - Utilities 101-2002-61200 173.62 123 Click Here to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE Water -Monticello Park - Utiliti… 101-3005-61201 429.44 COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE Water -Fritz Burns Park - Utiliti… 101-3005-61204 140.20 COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE Water -Seasons Park - Utilities 101-3005-61208 27.05 COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE Water -Community Park - Utilit… 101-3005-61209 156.17 COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE Water - Utilities 101-3008-61200 69.35 DESERT RESORT MANAGEMENT 207365 03/2022 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 3,648.15 PACIFIC WEST AIR CONDITION… 207387 03/1/22 - CH WATER TREATMENT HVAC 101-3008-60667 125.00 COUNTY OF RIVERSIDE DEPT O… 207360 05/01/22-04/30/23 - LQ WATER FEATURE … LQ Park Water Feature 101-3005-60554 406.00 INTERWEST CONSULTING GR… 207376 01/2022 - ONCALL BUILDING & SAFETY PL… Plan Checks 101-6003-60118 6,875.00 INTERNATIONAL INSTITUTE OF… 207375 01/04/22 - IIMC ANNUAL MEMBERSHIP R… Membership Dues 101-6001-60351 115.00 ALVARADO, MARK D 207350 FY 20/21 BOND ENTRY PREPARATION Professional Services 101-1006-60103 1,700.00 OCEAN SPRINGS TECH INC 207384 03/2022 - SPLASH PAD MONTHLY SERVICE LQ Park Water Feature 101-3005-60554 787.00 COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE Water -Desert Pride - Utilities 101-3005-61206 193.90 COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE PM 10 - Dust Control 101-7006-60146 53.45 RICE CONSTRUCTION 207392 03/23/22 - BUSINESS LICENSE REFUND LIC… Over Payments, AR Policy 101-0000-20330 36.00 WALTERS WHOLESALE ELECTR… 207408 07/30/21 - 600' FIBER GLASS DUCT RODD… Tools/Equipment 101-7003-60432 1,076.29 JOHNSTONE SUPPLY 207379 03/14/22 - HVAC FILTERS (18) HVAC 101-3008-60667 242.34 HINDERLITER DE LLAMAS & AS… 207373 Q3/21 AUDIT SVCS & Q1/22 CONTRACT S… Consultants 101-1006-60104 2,481.32 HINDERLITER DE LLAMAS & AS… 207373 Q3/21 AUDIT SVCS & Q1/22 CONTRACT S… Consultants 101-1006-60104 465.66 TERRA NOVA PLANNING & RE… 207401 01/01-02/28/22 - TRAVERTINE PROJECT P… Developer Deposits 101-0000-22810 877.50 TERRA NOVA PLANNING & RE… 207401 01/01-02/28/22 - THE WAVE PROJECT PL… Developer Deposits 101-0000-22810 7,751.25 Fund 101 - GENERAL FUND Total: 805,812.81
Fund: 201 - GAS TAX FUND
TOP OF THE LINE SIGNS 207403 03/18/22 - SIGNAGE Traffic Control Signs 201-7003-60429 612.00 STATE CONTROLLER'S OFFICE 207400 07/01/21-06/30/22 - ANNUAL STREET RE… Professional Services 201-7003-60103 3,200.00 Fund 201 - GAS TAX FUND Total: 3,812.00
Fund: 202 - LIBRARY & MUSEUM FUND
OFFICE OF ECONOMIC DEVEL… 207385 10/01-12/31/21 - QTR 2 MAKERSPACE CO… Makerspace Operations 202-3009-60105 31,535.29 OFFICE OF ECONOMIC DEVEL… 207385 10/01-12/31/21 - QTR 2 MUSEUM CONTR… Museum Operations 202-3006-60105 49,966.50 VINTAGE ASSOCIATES 207407 03/2022 - MONTHLY MAINTENANCE Landscape Contract 202-3004-60112 812.59 VINTAGE ASSOCIATES 207407 03/2022 - MONTHLY MAINTENANCE Landscape Contract 202-3006-60112 169.58 PACIFIC WEST AIR CONDITION… 207387 03/1/22 - LIBRARY WATER TREATMENT HVAC 202-3004-60667 125.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 82,608.96
Fund: 210 - FEDERAL ASSISTANCE FUND
BOYS & GIRLS CLUB OF COACH… 207355 FY 21-22 CDBG FUNDING CDBG Public Service Grants 210-0000-60135 1,530.00 Fund 210 - FEDERAL ASSISTANCE FUND Total: 1,530.00
Fund: 215 - LIGHTING & LANDSCAPING FUND
TRI-STATE MATERIALS INC 207404 03/08/22 - LANDSCAPE D.G Materials/Supplies 215-7004-60431 2,728.56 VINTAGE ASSOCIATES 207407 03/2022 - MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 10,589.51 CREATIVE LIGHTING & ELECTR… 207361 03/2022 - LIGHTING MAINTENANCE SERVI… Consultants 215-7004-60104 5,667.17 SMITH PIPE & SUPPLY CO 207397 03/08/22 - IRRIGATION PARTS Materials/Supplies 215-7004-60431 53.18 PWLC II, INC 207391 03/2022 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 54,741.84 PWLC II, INC 207391 3/14-3/18/22 - AVE 54 ISLAND ARTIFICAL … Maintenance/Services 215-7004-60691 4,744.00 FRONTIER COMMUNICATIONS… 207369 03/07-04/06/22 - PHONE SVC Electric - Utilities 215-7004-61116 108.78 FRONTIER COMMUNICATIONS… 207369 03/10-04/09/22 - PHONE SVC Electric - Utilities 215-7004-61116 49.91 IMPERIAL IRRIGATION DIST 207374 03/18/22 - ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 725.88 IMPERIAL IRRIGATION DIST 207374 03/18/22 - ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 38.47 COACHELLA VALLEY WATER DI… 207358 03/18/22 - WATER SERVICE Water - Medians - Utilities 215-7004-61211 2,345.77 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 81,793.07 Fund: 221 - AB 939 - CALRECYCLE FUND
SHRED-IT USA - SAN BERNADI… 207395 02/09/22 - CITY CLERK PURGE SHREDDING… AB 939 Recycling Solutions 221-0000-60127 632.75 Fund 221 - AB 939 - CALRECYCLE FUND Total: 632.75
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
HERMANN DESIGN GROUP INC 207371 02/2022 - DESERT PRIDE LANDSCAPE ARC… Design 401-0000-60185 495.00 EARTH SYSTEMS PACIFIC 207366 1/25/22 & 1/27/22 - XPARK ON CALL MAT… Construction 401-0000-60188 288.50 WALTERS WHOLESALE ELECTR… 207408 11/18/21 - ELECTRICAL CONDUCTOR Construction 401-0000-60188 1,540.87 WALTERS WHOLESALE ELECTR… 207408 01/31/22 - DUCT SEAL Construction 401-0000-60188 71.86 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 2,396.23 124 Click Here to Return to Agenda
Demand Register Packet: APPKT03088 - 03/25/2022 JB
3/28/2022 1:21:19 PM Page 3 of 5
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 501 - FACILITY & FLEET REPLACEMENT
PECINA, DEMETRIO 207389 03/8/22 - TRAILER REGISTERATION FEE RE… Parts, Accessories, and Upfits 501-0000-60675 78.78 PACIFIC MOBILE STRUCTURES, … 207386 04/2022 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 3,167.29 Fund: 502 - INFORMATION TECHNOLOGY
VERIZON WIRELESS 207405 02/02-03/01/22 - BACKUP SERVER (2183) Cable/Internet - Utilities 502-0000-61400 66.17 MICROSOFT CORPORATION 207382 02/10-03/09/22 - MS AZURE ONLINE SVCS Software Licenses 502-0000-60301 742.56 FRONTIER COMMUNICATIONS… 207369 03/04-04/03/22 - DSL SVC Cable/Internet - Utilities 502-0000-61400 217.24 Fund 502 - INFORMATION TECHNOLOGY Total: 1,025.97
Grand Total: 982,779.08
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Demand Register Packet: APPKT03088 - 03/25/2022 JB
3/28/2022 1:21:19 PM Page 4 of 5
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 805,812.81
201 - GAS TAX FUND 3,812.00
202 - LIBRARY & MUSEUM FUND 82,608.96
210 - FEDERAL ASSISTANCE FUND 1,530.00
215 - LIGHTING & LANDSCAPING FUND 81,793.07
221 - AB 939 - CALRECYCLE FUND 632.75
401 - CAPITAL IMPROVEMENT PROGRAMS 2,396.23
501 - FACILITY & FLEET REPLACEMENT 3,167.29
502 - INFORMATION TECHNOLOGY 1,025.97
Grand Total: 982,779.08
Account Summary
Account Number Account Name Expense Amount
101-0000-20330 Over Payments, AR Policy 36.00
101-0000-22810 Developer Deposits 591,608.75
101-1002-60101 Contract Services - Admini… 3,500.00
101-1002-60103 Professional Services 1,750.00
101-1004-50252 Annual Wellness Dollar Re… 400.00
101-1005-60125 Temporary Agency Servic… 643.46
101-1006-60103 Professional Services 1,700.00
101-1006-60104 Consultants 2,946.98
101-1006-60410 Printing 94.81
101-1007-60403 Citywide Supplies 168.32
101-2001-60174 Blood/Alcohol Testing 597.61
101-2002-60112 Landscape Contract 1,304.54
101-2002-60320 Travel & Training 146.28
101-2002-61200 Water - Utilities 173.62
101-2002-61400 Cable/Internet - Utilities 110.55
101-3002-60107 Instructors 1,555.30
101-3003-60149 Community Experiences 75,000.00
101-3003-60184 Fritz Burns Pool Program… 8,702.05
101-3005-60112 Landscape Contract 48,536.32
101-3005-60117 Civic Center Lake Mainten… 1,350.00
101-3005-60189 SilverRock Lake Maintena… 1,350.00
101-3005-60423 Supplies-Graffiti and Van… 110.90
101-3005-60431 Materials/Supplies 514.65
101-3005-60554 LQ Park Water Feature 1,193.00
101-3005-61201 Water -Monticello Park - … 429.44
101-3005-61204 Water -Fritz Burns Park - … 140.20
101-3005-61206 Water -Desert Pride - Utili… 193.90
101-3005-61208 Water -Seasons Park - Util… 27.05
101-3005-61209 Water -Community Park -… 156.17
101-3008-60115 Janitorial 4,473.20
101-3008-60431 Materials/Supplies 1,852.80
101-3008-60667 HVAC 367.34
101-3008-60691 Maintenance/Services 505.00
101-3008-61200 Water - Utilities 69.35
101-6001-60351 Membership Dues 115.00
101-6003-60118 Plan Checks 23,472.95
101-6004-60103 Professional Services 3,648.15
101-6004-60111 Administrative Citation Se… 667.73
101-6004-60125 Temporary Agency Servic… 2,703.20
101-6004-60197 Animal Shelter Contract S… 21,918.86
101-7003-60420 Operating Supplies 167.65
101-7003-60432 Tools/Equipment 1,076.29
101-7006-60146 PM 10 - Dust Control 335.39
201-7003-60103 Professional Services 3,200.00
201-7003-60429 Traffic Control Signs 612.00
202-3004-60112 Landscape Contract 812.59
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Demand Register Packet: APPKT03088 - 03/25/2022 JB
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Account Summary
Account Number Account Name Expense Amount
202-3004-60667 HVAC 125.00
202-3006-60105 Museum Operations 49,966.50
202-3006-60112 Landscape Contract 169.58
202-3009-60105 Makerspace Operations 31,535.29
210-0000-60135 CDBG Public Service Grants 1,530.00
215-7004-60104 Consultants 5,667.17
215-7004-60112 Landscape Contract 65,331.35
215-7004-60431 Materials/Supplies 2,781.74
215-7004-60691 Maintenance/Services 4,744.00
215-7004-61116 Electric - Utilities 884.57
215-7004-61117 Electric - Medians - Utiliti… 38.47
215-7004-61211 Water - Medians - Utilities 2,345.77
221-0000-60127 AB 939 Recycling Solutions 632.75
401-0000-60185 Design 495.00
401-0000-60188 Construction 1,901.23
501-0000-60675 Parts, Accessories, and Up… 78.78
501-0000-71032 Building Leases 3,088.51
502-0000-60301 Software Licenses 742.56
502-0000-61400 Cable/Internet - Utilities 283.41
Grand Total: 982,779.08
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 298,180.19
15-004E COACHELLA MUSIC FES EXP COACHELLA MUSIC FESTIVAL LLC 75,090.00 15-008E GOLDENVOICE/DSRT POLO EXP GOLDENVOICE/DSRT POLO 505,606.00 15-010E COACHELLA MUSIC FEST EXP COACHELLA MUSIC FESTIVAL LLC 2,284.00 151609CT Construction Expense La Quinta X Park 288.50
18-002E TRAVERTINE CORPORATION EXP TRAVERTINE CORPORATION 877.50 201603D Design Expense La Quinta Landscape Renovation Improvement 495.00 201804E Landscape & Lighting Median Island … Landscape & Lighting Median Island Improvements 7,472.56 21-003E THE WAVE EXP CM WAVE DEVELOPMENT 7,751.25
2122TMICT Construction Expense FY21/22 Traffic Maintenance Improvements 1,612.73 CORONANR Corona Non Reimbursable Corona Virus Emergency Response 4,473.20 IRONE Ironman Expense Ironman Event 75,000.00
STVRE Short Term Vacation Rental Expense Short Term Vacation Rental Tracking 3,648.15 Grand Total: 982,779.08
127 Click Here to Return to Agenda
City of La Quinta
Bank Transactions 3/7 – 3/25/2022
Wire Transaction
Listed below are the wire transfers from 3/7 – 3/25/2022.
Wire Transfers:
03/07/2022 - WIRE TRANSFER - LQCEA $459.00
03/07/2022 - WIRE TRANSFER - ICMA $6,348.94
03/08/2022 - WIRE TRANSFER - STERLING HEALTH $1,802.07
03/08/2022 - WIRE TRANSFER - STERLING HEALTH $3,604.17
03/08/2022 - WIRE TRANSFER - CALPERS $119,830.57
03/08/2022 - WIRE TRANSFER - J&H ASSET PROPERTY MANAGEMENT $32,342.52 03/09/2022 - WIRE TRANSFER - NFP PROPERTY & CASUALTY SERVICES $186,882.50 03/11/2022 - WIRE TRANSFER - EXPERT PAY $138.46
03/18/2022 - WIRE TRANSFER - CALPERS $376.87
03/18/2022 - WIRE TRANSFER - CALPERS $4,861.40
03/18/2022 - WIRE TRANSFER - CALPERS $13,956.21
03/18/2022 - WIRE TRANSFER - CALPERS $21,920.99
03/18/2022 - WIRE TRANSFER - CALPERS $2,000,000.00
03/18/2022 - WIRE TRANSFER - LQCEA $432.00
03/18/2022 - WIRE TRANSFER - ICMA $6,348.94
03/18/2022 - WIRE TRANSFER - STEWART TITLE OF CALIFORNIA $100,000.00 03/21/2022 - WIRE TRANSFER - THE BANK OF NEW YORK MELLON $3,000,000.00 03/23/2022 - WIRE TRANSFER - STERLING HEALTH $1,802.07
03/23/2022 - WIRE TRANSFER - LANDMARK $210,617.03
03/25/2022 - WIRE TRANSFER - EXPERT PAY $138.46
TOTAL WIRE TRANSFERS OUT $5,711,862.20
ATTACHMENT 2
128 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2022
RECOMMENDATION
Receive and file revenue and expenditure report dated January 31, 2022.
EXECUTIVE SUMMARY
• The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for January 2022 (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 (FY) 2021/22.
Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year, including carryovers from the prior FY.
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 January 31, 2022
MTD YTD
YTD Percent
of Budget YTD
YTD Percent
of Budget
General Fund (GF) $7,010,911 $27,361,232 46.53% 22,973,544 $ 41.74% All Funds $15,644,323 $47,385,276 33.35% 53,189,271 $ 31.26%
MTD YTD
YTD Percent
of Budget YTD
YTD Percent
of Budget
General Fund $2,789,658 $17,095,894 24.49% 18,488,824 $ 28.15% Payroll (GF) $1,148,765 $6,337,476 55.94% 5,517,849 $ 52.83% All Funds $3,911,451 $42,593,600 26.77% 61,817,558 $ 33.28% January 2022 Expenditures Comparison to LY
January 2022 Revenues Comparison to LY
General Fund Non-General Fund
Property Tax $ 2,784,435 County Government Revenue(1) $ 7,132,511 Measure G Sales Tax $ 1,160,715 SilverRock Greens Fees $ 557,177 Sales Tax $ 930,977 Lighting and Landscape District Assessments $ 497,101 Fire Service Credit $ 631,475 Developer Impact Fees- Transportation $ 150,753 Transient Occupancy (Hotel) Tax $ 581,721 County Sales Tax (Measure A) $ 144,421 General Fund Non-General Fund
Sheriff Contract (October) $ 1,174,673 Capital Improvement Program - Construction(2) $ 259,564 Marketing and Tourism Promotions $ 62,886 SilverRock Maintenance $ 142,165 Visit Greater Palm Springs $ 53,349 Housing Authority Rental Expenses $ 67,301 Parks Landscape Maintenance $ 48,536 Lighting & Landscape Maintenance $ 65,331 Parks Maintenance $ 30,917 CIP - Professional Services(3) $ 57,118 (3)CIP Professional Services: Consulting expenses associated with multiple ongoing capital improvement projects.
Top Five Revenue/Income Sources for January
Top Five Expenditures/Outlays for January
(1)Dedicated revenue from the Redevelopment Property Tax Trust Fund for Successor Agency semi-annual debt service obligations.
(2)CIP Construction: X-Park, SRR Way, public safety cameras 130 Click Here to Return to Agenda
For Fiscal: 2021/22 Period Ending: 01/31/2022
Expenditure Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 55,162,726 69,803,615 2,789,658 17,095,894 52,707,721 24.49 % 201 - GAS TAX FUND 2,007,500 2,934,683 36,805 526,014 2,408,670 17.92 % 202 - LIBRARY & MUSEUM FUND 4,306,510 4,656,510 28,191 355,487 4,301,023 7.63 % 203 - PUBLIC SAFETY FUND (MEASURE G) 0 286,397 0 89,541 196,856 31.26 % 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 2,257,400 156,546 1,112,043 1,145,357 49.26 % 220 - QUIMBY FUND 0 1,180,635 0 330,300 850,335 27.98 % 221 - AB 939 - CALRECYCLE FUND 150,000 150,000 1,574 16,221 133,779 10.81 % 223 - MEASURE A FUND 1,220,500 2,614,501 31 85,857 2,528,644 3.28 % 225 - INFRASTRUCTURE FUND 0 22,618 0 0 22,618 0.00 %
226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) 12,000 12,000 0 9,750 2,250 81.25 % 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 10,165 13,269 29,231 31.22 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0 0 3,000 3,500 -3,500 0.00 % 241 - HOUSING AUTHORITY 1,542,200 1,542,200 97,445 634,285 907,915 41.13 % 243 - RDA LOW-MOD HOUSING FUND 250,000 250,000 0 700 249,300 0.28 % 244 - HOUSING GRANTS (Multiple) 0 0 0 13,667 -13,667 0.00 % 247 - ECONOMIC DEVELOPMENT FUND 21,500 21,500 0 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 1,816,757 0 400,000 1,416,757 22.02 % 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 127,000 742,700 13,530 63,086 679,614 8.49 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,100 1,100 0 0 1,100 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 9,894,806 60,540,692 329,928 3,781,516 56,759,176 6.25 % 405 - SA PA 1 CAPITAL IMPRV FUND 0 1,128,751 0 3,368 1,125,384 0.30 % 501 - FACILITY & FLEET REPLACEMENT 1,222,750 1,304,714 33,782 385,319 919,394 29.53 % 502 - INFORMATION TECHNOLOGY 1,786,700 1,939,700 58,836 832,100 1,107,600 42.90 % 503 - PARK EQUIP & FACILITY FUND 255,000 255,000 0 43,263 211,737 16.97 % 504 - INSURANCE FUND 936,800 936,800 242 850,889 85,911 90.83 % 601 - SILVERROCK RESORT 4,161,262 4,161,262 346,638 2,344,253 1,817,009 56.34 % 760 - SUPPLEMENTAL PENSION PLAN 12,850 12,850 0 12,833 17 99.87 % 761 - CERBT OPEB TRUST 1,500 1,500 0 895 605 59.69 %
762 - PARS PENSION TRUST 52,000 52,000 5,081 35,342 16,658 67.97 % Report Total: 86,463,054 159,102,336 3,911,451 42,593,600 116,508,736 26.77 % ATTACHMENT 1
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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For Fiscal: 2021/22 Period Ending: 01/31/2022
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 7,010,911 27,361,232 -31,442,978 46.53 % 201 - GAS TAX FUND 1,965,880 1,965,880 67,895 868,508 -1,097,372 44.18 % 202 - LIBRARY & MUSEUM FUND 2,850,700 2,850,700 235 -2,202 -2,852,902 0.08 % 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 8,333 94,499 -6,501 93.56 % 215 - LIGHTING & LANDSCAPING FUND 2,274,700 2,274,700 497,101 511,159 -1,763,541 22.47 % 221 - AB 939 - CALRECYCLE FUND 70,000 70,000 3,771 17,282 -52,718 24.69 % 223 - MEASURE A FUND 1,567,000 1,567,000 144,421 774,476 -792,524 49.42 % 225 - INFRASTRUCTURE FUND 100 100 0 -8 -108 7.77 %
226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) 12,000 12,000 0 28,809 16,809 240.08 % 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 1,328 10,987 -8,213 57.22 % 231 - SUCCESSOR AGCY PA 1 RORF 0 0 7,132,511 7,181,305 7,181,305 0.00 % 235 - SO COAST AIR QUALITY FUND 52,800 52,800 0 13,537 -39,263 25.64 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0 0 0 -74 -74 0.00 %
241 - HOUSING AUTHORITY 871,400 871,400 94,480 1,129,213 257,813 129.59 % 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 12,183 -188,817 6.06 % 250 - TRANSPORTATION DIF FUND 428,000 428,000 150,753 1,564,000 1,136,000 365.42 % 251 - PARKS & REC DIF FUND 351,000 351,000 80,262 385,574 34,574 109.85 % 252 - CIVIC CENTER DIF FUND 152,000 152,000 47,280 291,557 139,557 191.81 % 253 - LIBRARY DEVELOPMENT DIF 50,000 50,000 15,129 72,624 22,624 145.25 % 254 - COMMUNITY & CULTURAL CENTERS DIF 72,000 72,000 36,432 173,175 101,175 240.52 % 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 14,187 97,677 31,677 147.99 % 270 - ART IN PUBLIC PLACES FUND 130,000 130,000 2,824 111,245 -18,755 85.57 % 275 - LQ PUBLIC SAFETY OFFICER 2,600 2,600 0 -20 -2,620 0.76 % 299 - INTEREST ALLOCATION FUND 0 0 58,564 785,155 785,155 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 62,391,518 0 1,505,949 -60,885,569 2.41 % 405 - SA PA 1 CAPITAL IMPRV FUND 0 0 0 -458 -458 0.00 % 501 - FACILITY & FLEET REPLACEMENT 1,222,750 1,222,750 0 595,279 -627,471 48.68 % 502 - INFORMATION TECHNOLOGY 1,786,700 1,786,700 1,960 890,845 -895,855 49.86 % 503 - PARK EQUIP & FACILITY FUND 400,000 400,000 0 173,526 -226,474 43.38 % 504 - INSURANCE FUND 1,010,800 1,010,800 0 504,857 -505,943 49.95 % 601 - SILVERROCK RESORT 4,157,693 4,157,693 627,973 2,261,619 -1,896,074 54.40 % 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 77,015 -2,985 96.27 % 762 - PARS PENSION TRUST 700,000 700,000 -352,028 -133,853 -833,853 19.12 % Report Total: 89,594,439 142,091,151 15,644,323 47,385,276 -94,705,875 33.35 % 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: April 5, 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 bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person.
CONSENT CALENDAR ITEM NO. 10
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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
February 15, 2022 – findings affirmed
March 15, 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 1 137 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
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
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 COUNCIL MINUTES Page 1 of 8 JANUARY 18, 2022
CITY COUNCIL
MINUTES
TUESDAY, JANUARY 18, 2022
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:01 p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility 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.).
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, Deputy City Clerk Romane, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Community Resources Manager Calderon, Public Safety Manager Mendez, Senior Emergency Coordinator Johnston, Public Works Director/City Engineer McKinney, Finance Director Martinez, Interim Accounting Manager Hallick, Management Analyst Kinley, Design and Development Director Castro, Planning Manager Flores, Senior Planner Flores.
CONFIRMATION OF AGENDA
City Manager McMillen requested to pull Item Nos. 2 and 3 under the Announcements Presentations and Written Communications section of the Agenda and postpone them to the February 1, 2022, Council Meeting.
Mayor Evans said she would like to make additional announcements under the Announcements, Presentations, and Written Communications section of the Agenda related to COVID-19 safety protocols and the upcoming Annual Community Workshop.
Council concurred.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.
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CLOSED SESSION
1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE § 54957.
CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR
EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE,
CITY ATTORNEY (Review Continued Need and Response to
Proclaimed State and Local Emergencies Caused by COVID-19)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY
LOCATED ON THE NORTH SIDE OF HIGHWAY 111, WEST OF DUNE
PALMS (APN 600-390-024)
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
NEGOTIATING PARTY: MANNINO LIVING TRUST
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:05 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported no reportable actions were taken in Closed Session that require reporting pursuant to Government Code section 54950 et seq. (Brown Act).
PLEDGE OF ALLEGIANCE
Mayor Evans led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Deputy City Clerk Romane said WRITTEN PUBLIC COMMENTS were received by the residents listed below in alphabetical order; which were distributed to Council, made publicly available, and incorporated into the agenda packet and public record of the meeting:
Andrew Castro, La Quinta – requesting clarification on the City issued Executive Orders due to COVID-19, and certain sections of the La Quinta Municipal Code related to short-term vacation rentals (STVRs); and Lyola Torres, La Quinta – supporting STVRs.
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CITY COUNCIL MINUTES Page 3 of 8 JANUARY 18, 2022
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Alena Callimanis, La Quinta – spoke in opposition of the proposed Coral Mountain Resort project; expressed concerns about the quality of life for the La Quinta residents in proximity of this project; and developing the vacant land will release carbon dioxide which would contribute to Green House Gas emissions.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS COVID-19 HEALTH AND SAFETY PROTOCOLS – ADDED ANNOUNCEMENT
AT CONFIRMATION OF AGENDA
Mayor Evans thanked the residents who submitted comments regarding Councilmember Sanchez’s refusal to wear facial covering at the December 21, 2021 Council meeting in accordance with current California state health requirements due to COVID-19 imposing a facial covering mandate until February 15, 2022; said a lot of the comments were in support of the need to follow health and safety protocols; and noted tonight’s meeting is held virtually due to the temporary closure of City Hall to help mitigate the spread of COVID-19.
Mayor Evans said the rest of the Council does not support Councilmember Sanchez’s refusal to follow safety protocols, as expressed during the December 21, 2022 Council meeting; and further non-compliance will be addressed.
Deputy City Clerk Romane provided an overview of the teleconference accessibility instructions allowing members of the public to attend and participate in tonight’s meeting virtually via Zoom.
Deputy City Clerk Romane noted City services continue to be available via the City’s website and online permit portals while City Hall remains closed.
1. PROCLAMATION IN RECOGNITION OF NATIONAL BLOOD
DONOR MONTH
Mayor Evans, on behalf of the City Council, presented a Proclamation to Vice President of Operations Michelle Johnson with LifeStream Blood Bank in recognition of National Blood Donor Month; LifeStream has a new blood donor center at 46660 Washington Street in the Washington Park commercial center in La Quinta; appointments for blood donations can also be made at lstream.org or 1-800-try-giving; currently the nation is experiencing the worst blood shortage in history; noted the great need and importance of blood donations; and said there will be several upcoming blood drive events. 143 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 4 of 8 JANUARY 18, 2022
Ms. Johnson expressed her gratitude for the City’s support and commended Mayor Evans’ efforts to create awareness of the need for blood donations.
2. Pulled from the Agenda and will be tabled for the February 1, 2022 Council Meeting >>> PROCLAMATION IN RECOGNITION OF
CAPTAIN HERMAN LOPEZ WITH RIVERSIDE COUNTY
SHERIFF’S DEPARTMENT FOR HIS PUBLIC SERVICE
3. Pulled from the Agenda and will be tabled for the February 1, 2022 Council Meeting >>> INTRODUCE RIVERSIDE COUNTY
SHERIFF’S DEPARTMENT NEW CAPTAIN MICHAEL BIANCO
4. AMERICAN EXPRESS GOLF TOURNAMENT AND EVENT – 2022
STATUS UPDATE
Executive Director Pat McCabe with American Express and Project Manager Rory Parson with BWG, provided a summary of the upcoming American Express Golf Tournament, scheduled for January 17-23, 2022 at PGA West, including COVID-19 health and safety protocols, schedule of the event; attendance, parking, traffic plan, shuttle route, and security; public safety protocols; ingress and egress plans; access points; and outreach.
City Manager McMillen provided an overview of the City’s contributions for this event.
General discussion followed those attendees entering the event site from PGA West residences have three access points that will require proof of compliance with COVID-19 safety protocols; available testing options; ticket verification process; and charity distributions.
5. TALUS – PROJECT STATUS UPDATE
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Robert Green, President and CEO, Robert Green Company/SilverRock Development Co. provided a detailed presentation on the project’s overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, including vertical construction and pool, 2) Montage Guestrooms, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, and 7) Pendry Hotel.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - Continued PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY – David Richer, La Quinta – said he has lived in La Quinta since 2016; La Quinta has the best 144 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 5 of 8 JANUARY 18, 2022
bike trails around; expressed concerns about Councilmember Sanchez’s comments and refusal to wear a mask during the December 21, 2021; and noted the importance of wearing masks in order to ensure everyone’s safety against COVID-19.
CITY’S ANNUAL COMMUNITY WORKSHOP STATUS UPDATE – ADDED
ANNOUNCEMENT AT CONFIRMATION OF AGENDA
Mayor Evans said the Annual Community Workshop scheduled for January 29, 2022, will be postponed until the health and safety COVID-19 related restrictions are lifted and it can be conducted in-person.
CONSENT CALENDAR
1. APPROVE COUNCIL MEETING MINUTES OF DECEMBER 21, 2021
2. 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)
3. ADOPT RESOLUTION TO AUTHORIZE APPLICATION FOR, AND
RECEIPT OF, CALIFORNIA SENATE BILL 1383 LOCAL
ASSISTANCE GRANT PROGRAM FUNDS TO ASSIST WITH
IMPLEMENTATION OF SB 1383 REGULATION REQUIREMENTS
[RESOLUTION NO. 2022-001]
4. APPROVE THE PURCHASE OF A REPLACEMENT PLAYGROUND
STRUCTURE FOR SEASONS PARK FROM DAVE BANG &
ASSOCIATES, INC. THROUGH SOURCEWELL COOPERATIVE
PURCHASING AND APPROPRIATE $92,635
5. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR
TRACT MAP NO. 33336, PALO VERDE II, A RESIDENTIAL
DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 58
WEST OF MADISON STREET
6. APPROVE DEMAND REGISTERS DATED DECEMBER 17, 31, 2021 AND JANUARY 7, 2022
Comments on Consent Calendar Items:
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CITY COUNCIL MINUTES Page 6 of 8 JANUARY 18, 2022
Item No. 4 – Mayor Pro Tem Fitzpatrick thanked staff for their continued efforts to improve and replace the City’s park equipment; and noted the importance of adding shade structures over the swing sets.
MOTION – A motion was made and seconded by Councilmembers Pena/Radi to approve the Consent Calendar as recommended, with Item No. 3 adopting Resolution No. 2022-001. Motion passed unanimously.
BUSINESS SESSION
1. RECEIVE AND FILE FISCAL YEAR 2020/21 GENERAL FUND YEAREND BUDGET REPORT AND APPROVE THE AMENDED BUDGET
CARRYOVERS
Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office.
Council thanked staff for their prudent management of funds and resources and for the support to the City’s business and residential community; and thanked the community for voting to implement Measure G sales and use tax, which has allowed the City to fund a lot of infrastructure projects, public safety, and provide economic support to the local business community during COVID-19.
MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to Receive and file Fiscal Year 2020/21 General Fund YearEnd Budget Report and approve the amended budget carryovers from 2020/21 to 2021/22 as recommended. Motion passed unanimously.
STUDY SESSION
1. DISCUSS AL FRESCO DINING PROGRAM
Design and Development Director Castro presented the staff report, which is on file in the Clerk’s Office.
Council discussed Transportation Uniform Mitigation Fee (TUMF) would apply dependent on the size of the outdoor dining area; existing outdoor dining improvements do not count towards TUMF calculations, only additional patio improvement; the proposed Al Fresco Dining Program provides options for a temporary outdoor dining area via a Minor Use Permit or for permanent improvements via a Modification by Applicant permit; possibility to have adjoining restaurants install shared outdoor area; utilizing surplus parking spaces; importance of ensuring safety standards, access points, and path of 146 Click Here to Return to Agenda
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travel; setback requirements flexibility; these improvements are available to new and existing restaurants; TUMF fees are due at building permit issuance; evaluate options for the City to mitigate the TUMF costs for businesses; the City does not waive permit fees; importance for aesthetics to cohere with the brand of La Quinta; economic assistance be available to existing businesses only; the outdoor dining areas allowed during the pandemic did not require a permit, and this program will allow them to get permitted; importance to stay consistent and work with the businesses that received assistance through the Small Business Emergency Economic Relief Program (SBEERP); the City does not review site furnishings; assess the businesses that participate in the program; discuss if improvements should be made permanent; inquire if nonparticipating businesses are interested in the program; outdoor improvements require construction costs in addition to permitting costs; future enterprises will be future contributors to the development and growth of the city; importance to formally permit the improvements.
Council expressed consensus for establishing a more formalized process for the Al Fresco Dining Program; evaluate options to build-in the permit fees in the SBEERP; implement the program sometime in the next 6-8 months; and seek input from the affected parties on what would be the key points from their perspective.
PUBLIC HEARINGS – None.
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña reported on his attendance at Temalpakh Farm, the new tribal farmer’s market soft opening today in Coachella, California; and the retirement celebration for Riverside County Sheriff’s Department Lieutenant Buompensiero.
Mayor Evans thanked Mayor Pro Tem Fitzpatrick for attending the Martin Luther King Jr Commemoration Celebration held outside of the Coachella Library on January 16, 2022.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organization’s meeting:
IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY
COMMISSION
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La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organizations’ meetings:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
La Quinta’s representative for 2022, Councilmember Peña reported on his participation in the following organizations’ meeting:
CVAG PUBLIC SAFETY COMMITTEE
La Quinta’s representative for 2022, Councilmember Sanchez reported on his participation in the following organization’s meeting:
LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION
AND PUBLIC WORKS POLICY COMMITTEE
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 5:58 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL
MINUTES
TUESDAY, MARCH 1, 2022
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility 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.).
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Acting Deputy City Clerk McGinley, Code Compliance Supervisor Meredith, Permit Technician Lorette, Director of Business Unit and Housing Development Villalpando, Community Resource Manager Calderon, Management Analyst Calderon, Public Safety Manager Mendez, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Finance Director Martinez, Interim Accounting Manager Hallick, Design and Development Director Castro, Planning Manager Flores, Senior Planner Flores, Associate Engineer Yu, Marketing Manager Graham, and Management Specialist Camarena.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.
CONFIRMATION OF AGENDA
City Manager McMillen requested that Business Session Item No. 1 be moved for consideration at the end of the agenda, and after the Special Joint Meeting of the City Council and Planning Commission scheduled for 6 p.m. tonight.
Mayor Evans said she would like to comment on Consent Calendar Item Nos. 1 and 4.
Council concurred.
CONSENT CALENDAR ITEM NO. 12 149 Click Here to Return to Agenda CITY COUNCIL MINUTES Page 2 of 10 MARCH 1, 2022
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)
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act).
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Fitzpatrick led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Mayor Evans said WRITTEN PUBLIC COMMENTS were received as listed below, which were distributed to Council, made publicly available, and were included in the public record and agenda packet of the meeting:
Rank Tysen, La Quinta – requesting moratorium on massive warehouses; and
Martha Brown, La Quinta – opposing Pacaso homes operating in residential areas.
PUBLIC SPEAKER: Alena Callimanis, La Quinta – supplied Council with two articles and provided a presentation regarding climate change, emissions and the Colorado River water crisis. She explained how these circumstances affect the Coachella Valley and spoke in opposition of the proposed Wave at Coral Mountain Resort project due to its multiple negative environmental impacts to the Coachella Valley and the wider California environment.
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Philip Bettencourt, La Quinta – spoke in support of the efforts by California public officials who are re-examining public retirement (CalPERS and CalSTRS) investments in Russian securities.
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ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS Items were taken out of Agenda order:
3. PROCLAMATION IN RECOGNITION OF MARCH AS RED CROSS
MONTH
Mayor Evans and Councilmembers presented a Proclamation recognizing March as Red Cross Month to Executive Director Lois Beckman and Board Member Claudia Haus with the American Red Cross – Riverside County Chapter.
1. PROCLAMATION RECOGNIZING CAPTAIN HERMAN LOPEZ WITH
RIVERSIDE COUNTY SHERIFF’S DEPARTMENT FOR HIS PUBLIC
SERVICE
Mayor Evans and Councilmembers presented a Proclamation to Captain Herman Lopez in recognition of his public service; Captain Lopez expressed his gratitude.
2. INTRODUCE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT NEW
CAPTAIN MICHAEL (MIKE) BIANCO
Council congratulated and welcomed Captain Michael (Mike) Bianco in his new assignment; Captain Bianco gave a brief overview of his experience and said he is looking forward to working in La Quinta.
4. GREENLEAF DESERT VIEW POWER, LLC. – A WOODY BIOMASS
ELECTRICAL GENERATING FACILITY ON THE CABAZON
RESERVATION IN MECCA, CALIFORNIA - PRESENTATION
OVERVIEW BY DIRECTOR OF OPERATIONS AND ENGINEERING
MITCHELL MARTIN
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Mitchell Martin, Director of Operations and Engineering with Desert View Power/Greenleaf Power, provided a detailed presentation of the agency’s operations in producing woody biomass electrical power in Mecca, California.
CONSENT CALENDAR
1. EXCUSE ABSENCE OF COMMISSIONER DORSEY FROM THE MAY
11, 2022 FINANCIAL ADVISORY COMMISSION MEETING
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2. RECEIVE AND FILE SECOND QUARTER FISCAL YEAR 2021/22
TREASURY REPORTS FOR OCTOBER, NOVEMBER, DECEMBER
2021
3. APPROVE DEMAND REGISTERS DATED FEBRUARY 11 AND 18,
2022
4. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE JEFFERSON STREET AT AVENUE
53 ROUNDABOUT PROJECT NO. 2017-09
5. APPROVE MEETING MINUTES OF FEBRUARY 1, 2022
6. APPROVE JOINT SPECIAL MEETING OF THE LA QUINTA CITY
COUNCIL AND HOUSING AUTHORITY MINUTES OF FEBRUARY 1,
2022
7. APPROVE MEETING MINUTES OF FEBRUARY 15, 2022
CONSENT CALENDAR COMMENTS:
Item No. 1 - Mayor Evans congratulated Financial Advisory Commissioner Keith Dorsey on obtaining his doctorate.
Item No. 4 – Mayor Evans expressed her gratitude that the roundabout project has been scheduled for summer, the slow season with the lowest impact on residents and businesses.
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to approve the Consent Calendar as recommended. Motion passed unanimously.
BUSINESS SESSION – item moved for consideration to the end of the Agenda.
1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH HGA TO
PROVIDE MASTER PLANNING AND PRELIMINARY DESIGN
SERVICES FOR THE LA QUINTA CULTURAL CAMPUS PROJECT NO.
2019-01
STUDY SESSION
1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM
2021 CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT
OVERVIEW; CURRENT AND FUTURE OBJECTIVES AND
INITIATIVES; AND CITIZENS’ MEASURE INITIATIVE UPDATE
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City Clerk Radeva, Code Compliance Meredith, and Permit Technician Lorette presented the staff report, which is on file in the Clerk’s Office.
Council discussed the frequency and criteria for lifetime bans on properties with unpermitted citations; difference in the type of corrective measures taken when noise violations occur in a STVR versus noise violations by homeowners; reluctance of residents to call the City hotline with complaints; confidential nature of all complaint calls to the City’s hotline; no difference in handling of anonymous versus non-anonymous complaint calls; concern regarding residents making numerous false complaints to the hotline to boost complaint numbers as a means to support a total ban; consequences of making habitual false complaints; patrolling of properties known to be problematic; proactive outreach to STVR owners taken and increased enforcement staff planned before festivals begin in April; special event permits submitted for the festival period; upcoming transient occupancy tax (TOT) forums for owners; update on launching of the new TOT reporting forms, and customizations required; feedback from permit holders, and adjustments made in response to their suggestions; TOT audits done, and plan to conduct audits monthly going forward; TOT reporting forms, reminders, and instructions emailed by staff to all active STVR permit holders; improvements in accurate TOT reporting; reasons for significant increase in TOT revenue in 2021 due to increased rental rates, increased rental days in permitted properties, and reduction of unpermitted STVRs, which did not pay TOT; collaboration with the two major hosting platforms to ban unpermitted STVRs from advertising; savings to staff resources due to the elimination of unpermitted STVR properties; future plans to collaborate with other STVR platforms such as Craig’s List to insure only permitted properties are advertised; progress of the positive results resulting from the adjustments to, and enforcement of the STVR program; reasonableness of the STVR ordinance regulations; staff’s efforts to close loopholes in regulations as owners exploit them; remarkable quality and depth of data collected and supplied by Staff; negative consequences of removing STVR ordinance regulations such as re-emergence of unpermitted STVRs; availability of current data on the City’s website; program now self-supporting in that current fees now cover the STVR program’s operational and management costs; and expected increase in STVR permits in exempted areas as those new areas are developed.
Regarding the Citizens’ Initiative currently being circulated to ban non-hosted STVRs in non-exempt areas, the Council discussed the citizens’ resubmittal in January after they missed the deadline to submit the proof of publication on their first submittal; means of checking the validity of signatures; details of the affidavit signed by each petition circulator; concern that petition circulators may not have up-to-date data on the program as they discuss the matter with potential signers; the importance of posting current, accurate data 153 Click Here to Return to Agenda
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on the City’s website to inform citizens; process for withdrawing one’s name from a petition is handled by the Elections Official/City Clerk, and must be done before the petition is submitted to the Elections Official/City Clerk; City Clerk assistance provided to citizens who request information about the Initiative, the Initiative proponents, or wish to sign it; requirements to file and comply with the Fair Political Practices Commission (FPPC) regulations regarding Committee formation, fundraising, etc.; and scope of the report on the potential impacts of passage of the Initiative, including the impact on capital improvements and reserve funds.
Direction to Staff: Prepare a Business Session Item on the scope and timing of an impact report should the Initiative pass resulting in the elimination of non-hosted STVRs in non-exempt areas and the lost City revenue from those permits.
MAYOR EVANS RECESSED THE COUNCIL MEETING AT 5:55 P.M. FOR A
BRIEF RECESS
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:59 P.M.
WITH ALL MEMBERS PRESENT
PUBLIC HEARINGS
1. ADOPT RESOLUTION TO VACATE 150-SQUARE-FOOT PORTION
OF AVENIDA MORALES PUBLIC RIGHT-OF-WAY FRONTING
51780 AVENIDA MORALES IN THE SANTA CARMELITA AT VALE
LA QUINTA SUBDIVISION, UNIT NO. 2 [RESOLUTION NO. 2022-005] Associate Engineer Yu presented the staff report, which is on file in the Clerk’s Office.
Council discussed the homeowners’ wall that is already in the area to be vacated; updating the map to show the vacated area accurately; and notices issued in compliance with state requirements.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:06 P.M.
PUBLIC SPEAKER: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:06 P.M.
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Sanchez to adopt Resolution No. 2022-005 as follows:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 150-SQUARE-FOOT PORTION OF AVENIDA MORALES PUBLIC RIGHT-OF-WAY FRONTING 51780 AVENIDA
MORALES IN THE SANTA CARMELITA AT VALE LA QUINTA
SUBDIVISION, UNIT NO. 2
Motion passed unanimously.
2. CONTINUED FROM FEBRUARY 15, 2022: INTRODUCE FOR FIRST
READING AN ORDINANCE APPROVING A 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 [ORDINANCE NO. 599]
Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office.
Council discussed the timeframe of the fiscal impact in the report; annual TOT revenue from the project at completion; process to amend the development agreement should the applicant request it during the 50-year term; fact that development agreements run with the land not the developer/owners even if parcels are separated; the inclusion of STVR allowance in the development’s conditions, covenants and restrictions (CC&R) document; reminder that the CC&R document and amendment thereto will be reviewed and approved by the City; Planning Commission comments and concerns; development being in an isolated, low-density area, and ideal location for hospitality residential – exactly the intent of the Municipal Code in exempting Development Agreements from the STVR new-permit-ban; possible reasons for no responses to notices sent to surrounding homeowners regarding the Development Agreement; and the development allowance for STVRs which are subject to all the City’s STVR regulations in the Municipal Code.
MAYOR EVANS ANNOUNCED THAT THE PUBLIC HEARING REMAINED OPENED FROM THE FEBRUARY 15, 2022 MEETING AND WAS CONTINUED TO THE DATE CERTAIN OF MARCH 1, 2022
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Fiona Quinn, Applicant and VP Business Affairs with AvantStay.com – thanked the Council for considering this project.
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MOTION – A motion was made and seconded by Councilmembers Radi/Peña to make a finding, included in Ordinance No. 599, that adopting this ordinance is consistent with the previously adopted Mitigated Negative Declarations, EA 2005-537 and EA 2010-608 for Tracts 33085 and 36279. Motion passed unanimously.
MOTION – A motion was made and seconded by Councilmembers Radi/Peña to take up Ordinance No. 599 by title and number only and waive further reading. Motion passed unanimously.
City Clerk Radeva read the following title of Ordinance No. 599 into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF LA QUINTA AND GTGF, LLC RELATING TO POLO
VILLAS RESIDENCES AND A FINDING THAT THE PROJECT IS
CONSISTENT WITH ENVIRONMENTAL ASSESSMENTS 2005-537 AND
2010-608; CASE NUMBER: DEVELOPMENT AGREEMENT 2021-003;
APPLICANT: GTGF, LLC
MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to introduce at first reading Ordinance No. 599 to approve Development Agreement 2021-0003 for Polo Villas Residences. Motion passed unanimously.
MAYOR EVANS RECESSED THE COUNCIL MEETING AT 6:37 P.M. TO
CONDUCT THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
PLANNING COMMISSION
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:54 P.M.
WITH ALL MEMBERS PRESENT
BUSINESS SESSION – moved from earlier in the Agenda.
1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH HGA TO
PROVIDE MASTER PLANNING AND PRELIMINARY DESIGN
SERVICES FOR THE LA QUINTA CULTURAL CAMPUS PROJECT NO.
2019-01
Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office.
Council discussed HGA’s experience with museum planning; type of event planned for community input; criteria used to select HGA for the project; the budget and scope of other projects by HGA; concern that “scope-creep” will 156 Click Here to Return to Agenda
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occur beyond the Museum and lumber yard property, and exceed the funds available; importance of keeping the Museum staff involved for functionality; the vision for integrating the two properties; accessibility and seismic issues with the lumber yard building; lumber yard building not currently designated a historic building so tear down is one of the options; need for HGA to return to Council with options and variations before plans are finalized and before more than 10% of the contract budget is expended; and exploration of grant funds by staff and HGA.
MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to approve agreement for contract services with HGA in the amount of $457,300 to provide Master Planning and Preliminary Design Services for the La Quinta Cultural Campus Project 2019-01; authorize the City Manager to execute the agreement as recommended; and direct HGA to bring preliminary concepts and budget back to Council prior to Step 9 of their proposal. Motion passed unanimously.
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña said he attended an event at the La Quinta Resort today celebrating the 40th Anniversary of long time employee Rosalinda Rodriguez who has been with the La Quinta Resort since March 1, 1982, at which he presented her with a City proclamation, and he also reported on the success of the car show event in Old Town La Quinta on Saturday, February 26, 2022.
Mayor Evans reported on her participation in the Presidents’ Day Parade and breakfast; and her attendance at the Desert Valley Builders Association with Councilmembers Peña and Sanchez.
Councilmember Sanchez reported that he has received many compliments from residents regarding the improvements at the skate park, particularly the new shade structure.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organizations’ meetings:
CVAG EXECUTIVE COMMITTEE
GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU
IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY
COMMISSION
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ECONOMIC DEVELOPMENT SUBCOMMITTEE
La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organization’s meeting:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
La Quinta’s representative for 2022, Councilmember Radi reported on his participation in the following organization’s meeting:
SUNLINE TRANSIT AGENCY
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Radi/Sanchez to adjourn at 9:40 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL AND PLANNING COMMISSION
SPECIAL JOINT MEETING
OF THE LA QUINTA CITY COUNCIL
AND PLANNING COMMISSION
MINUTES
TUESDAY, MARCH 1, 2022
CALL TO ORDER
A special joint meeting of the La Quinta City Council and La Quinta Planning Commission was called to order at 6:43 p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility 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.).
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None
PRESENT: Commissioners Caldwell, Currie, Hassett, McCune, Proctor, Tyerman, Chairperson Nieto
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Public Works Director/City Engineer McKinney, Design and Development Director Castro, Planning Manager Flores, and Senior Planner Flores.
PLEDGE OF ALLEGIANCE
Planning Commission Chairperson Nieto led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA
Councilmember Peña said he will recuse himself from participation and discussion of Study Session Item No. 1 due to a potential conflict of interest CONSENT CALENDAR ITEM NO. 13 159 Click Here to Return to Agenda SPECIAL JOINT MEETING MINUTES Page 2 of 3 MARCH 1, 2022
CITY COUNCIL AND PLANNING COMMISSION
stemming from the proximity of his real property to the project area. Council concurred.
COUNCILMEMBER PEÑA LEFT THE DAIS FOR THE DURATION OF THE
SPECIAL JOINT MEETING
STUDY SESSION
1. VILLAGE COMMERCIAL DISTRICT DEVELOPMENT UPDATE
Senior Planner Flores presented the staff report, which is in file in the Clerk’s Office.
Council and Commissioners discussed correcting the map to show the small paisley-shaped City-owned lot as Village Commercial (VC); status of IID’s underground utility plans for the 16-apartment project; status of the mixed use development on Desert Club; for height perspective, the Embassy Suites is 60 feet; importance to underground the utilities in the VC district; acquiring more City property to create opportunities; encouraging development of tourist homes/apartments above commercial uses; the Village build-out EIR is a major benefit; IID process for undergrounding utilities is a hinderance in moving forward due to small developer margins on the small lots; phasing and prioritizing burying utilities to spur development of key Village lots; opportunity for exciting development all around the Park, west of Old Town; developer interest in building multi-family and mixed use; feasibility of undergrounding utilities, and spreading the cost so it’s reasonable for developers; consideration of a central parking structure to free up lots for development and to concentrate traffic; support for identifying a site for a future parking structure so that locals don’t avoid the area during the tourist season; the significant cost of approximately $7.5 million for a three-level parking structure; the success to date of creating a dynamic Village atmosphere with walkability, artwork, roundabouts, etc.; parking garage important in the future, and parking fees may make it more financially feasible; the opportunities the completed Talas development will provide to the Village; multi-use development more appropriate for the Village than single family tourist homes; the feasibility of the City paying to bury utilities and then recouping the cost from future developers; re-examining the criteria for STVRs in the VC zone as the current multi-unit (3+) requirement eliminates the small lots that cannot accommodate multiple units; allowance of tiny homes by changing the current Code that requires homes to be a minimum of 1,200 square feet; dwindling opportunities for lot consolidation; current number and location of STVR permits in the VC district; importance of offering flexibility to developers regarding small lots, e.g., parking, utilities, hospitality use, etc.; working with developers to determine what combination 160 Click Here to Return to Agenda
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CITY COUNCIL AND PLANNING COMMISSION
of uses pencil out, but refusing land-holds; reminder that extra parking was added to the Library lot in anticipation of accommodating nearby developments; parking needs over the next 10 years may change so City must be strategic and flexible; the effect electric and self-driving cars will have on parking needs; reconfiguring some large lots to make them attractive to developers; feasibility study planned for burying utilities includes phasing, prioritization and financing; a parking structure study would have to be flexible since future needs are unknown, and links to Talas and Highway 111 not yet established; both a stand-alone large concrete parking structure and multiple small structures must be considered as well as parking technology such as automated parking mechanisms; structures can be money generators; scooters can be used to move people from structures to Village destinations; Library lot as possible site for a structure; examination of constraints, challenges and financing is necessary and consideration of all Village properties sharing the cost of parking and burying utilities; parking structures can be multi-use and facades can be camouflaged; and free parking could stimulate higher sales and sales tax from businesses.
Direction to Staff: (A) conduct a feasibility study regarding undergrounding utilities, (B) provide options regarding future parking, (C) explore zoning amendments to allow tiny homes in certain areas and STVRs in VC for all size units, and (D) explore removing retention basin requirement on small lots.
COUNCIL AND PLANNING COMMISSION MEMBERS’ ITEMS – None.
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn the Special Joint Meeting at 8:28 p.m. Motion passed unanimously by the City Council and the Planning Commission.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
CITY COUNCIL MINUTES
SPECIAL MEETING
ANNUAL COMMUNITY WORKSHOP
SATURDAY, MARCH 12, 2022
CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 9:03 a.m. by Mayor Evans to conduct the City’s Annual Community Workshop.
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, and Mayor Evans ABSENT: Councilmember Sanchez
MOTION – A motion was made and seconded by Mayor Pro Tem Fitzpatrick/Councilmember Radi to excuse Councilmember Sanchez’s absence from this meeting. Motion passed: 4-1 – ayes (4), noes (0), absent (1 – Sanchez), abstain (0).
COMMUNITY MEMBERS SIGNED IN: 53
CITY STAFF PRESENT: 23
CONFIRMATION OF AGENDA – Confirmed
PLEDGE OF ALLEGIANCE
Mayor Evans led the audience in the Pledge of Allegiance
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None.
STUDY SESSION
1. ANNUAL COMMUNITY WORKSHOP: “PROPELLING FORWARD – THE POWER OF COLLABORATION AND THE ROAD TO RECOVERY”
Mayor Evans welcomed all participants to the annual community workshop and explained the purpose of the workshop.
City Manager McMillen introduced himself, welcomed all participants, and provided an overview of the workshop agenda and objectives.
Director of Business Unit and Housing Development Villalpando affirmed La Quinta’s sacred values set by the community:
Health and Wellness
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SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
High Quality Aesthetics
Vibrant and Safe Community
Visually Beautiful City
Cultural Diversity
Finance Director Martinez presented the City’s current financial status and 10- year revenue and expenditure projections; a hand-out of the financial projects was distributed to Council, made publicly available, and incorporated into the public record and agenda packet of this meeting.
City Clerk Radeva provided an overview of the Short-Term Vacation Rental (STVR) Program characteristics, compliance status, and taxes, fees, and STVR Program costs for 2021 calendar year, and citizens’ initiative petition status; a hand-out of the STVR areas map was distributed to Council, made publicly available, and incorporated into the public record and agenda packet of this meeting.
A summary overview of the City’s completed projects and accomplishments over the last year was presented by Staff.
MAYOR EVANS RECESSED THE COMMUNITY WORKSHOP FOR A BRIEF BREAK AT 10:15 A.M.
MAYOR EVANS RECONVENED THE COMMUNITY WORKSHOP AT 10:43 A.M.
WITH ALL ATTENDING COUNCILMEMBERS PRESENT
Staff presented the City’s initiatives and Big Rocks projects for fiscal year 2022/23:
Community Resources Department
Wellness Center – expand services and operations to 7-days per week Ironman and AM/EX Golf Tournament collaborations
Concerts in the Park – increase the number of events for this program series
Design and Development Department
Talus project – continue to facilitate development and construction Highway 111 Corridor Specific Plan – streamline existing specific plan requirements
Al Fresco Dining Program – refine the program to allow for safe and visually appealing outdoor dining operations
2021-29 Housing Element – adopt the housing element
Village Cultural Campus Master/Vision Plan – conduct a study New permit management software – implement a new software to enhance functionality and increase customer service
Historic Resources Survey – update the survey
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SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
Public Works Department
Public Safety Camera System Phase II – additional locations, installation of fiber cables to increase clarity of video stream at night, possible license plate reader
Village Area Lighting – replace the pistachio-colored light posts with smart lighting infrastructure
La Quinta Park Upgrades – update the splash pad, replace the existing fountain, install retaining wall along the back path, and repurpose the existing skate park to another recreational amenity
Workshop participants were teamed by tables and asked to collaborate on ranking the top two Big Rocks projects most important to the community, and to select a spokesperson to report out for each table. The top two projects recommended by each table were added to the “Big Rock Projects” list and participants were asked to vote on each project based on their priority.
The community voted on the projects below, listed based on ranking order:
1. Undergrounding Utilities
2. La Quinta Park Upgrades
3. Public Safety Camera System Phase II
4. Additional Concerts in the Park
5. Coral Mountain Park – Cahuilla History Incorporation
6.1 Shade Shelters at Parks & Bus Stops
6.2 Affordable Housing
Marketing Manager Graham noted the following upcoming City events:
La Quinta Spring Business Update – April 6, 2022, from 4:30 p.m. to 7:30 p.m. at the SilverRock Park; and
City’s 40th Birthday Celebration – April 30, 2022, from 9 a.m. to 12 p.m., at the Civic Center Park.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: – Alena Callimanis, La Quinta – expressed her gratitude for the community workshop and for giving residents an opportunity to voice their opinions.
Ms. Callimanis submitted written comments in opposition of the Coral Mountain Resort project, which were distributed to Council, made publicly available, and incorporated into the public record and agenda packet of this meeting.
Mayor Evans said La Quinta resident Linda Stoddart submitted written comments noting that traffic signal turning errors at intersections with very little traffic are inefficient and cause unnecessary extra gas usage.
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SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
PUBLIC SPEAKER: – Philip Bettencourt, La Quinta – said he serves on the Imperial Irrigation District (IID) Coachella Valley Energy Commission as the AtLarge Commissioner for Cities, and the Commission’s objective is to develop a long-term strategic plan for continued energy service to the Coachella Valley following the 2033 expiration of the 99-year lease between IID and the Coachella Valley Water District.
PUBLIC SPEAKER: – Mario Sewell, La Quinta – said he and his wife are 18-year residents of La Quinta; feels most of the important issues have been discussed, such as undergrounding utilities, dealing with sun-chargers (sic, solar panels) in parks and elsewhere, global warming; noted art is more important than ever, people come from all over the world to visit the Cove; and he enjoys riding bikes.
PUBLIC SPEAKER: – Tammy Gordon, La Quinta – reminded everyone of the importance to dump and drain standing water in their yards to help mitigate the spread of mosquitos and other bug threats to public health; and said this would aid the Coachella Valley Mosquito and Vector Control District in protecting our communities.
CLOSING COMMENTS
Marketing Manager Graham said residents can download the City’s GoRequest app on their phones and easily report any maintenance and code compliance issues.
Mayor Evans and Councilmembers thanked the participants for their time and commitment to La Quinta; and noted community input and engagement are vital in shaping our community’s future and vision of tomorrow.
MAYOR’S AND COUNCILMEMBERS’ ITEMS – None.
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Radi to adjourn at 11:56 a.m. Motion passed: 4-1 – ayes (4), noes (0), absent (1 – Sanchez), abstain (0).
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL
MINUTES
TUESDAY, MARCH 15, 2022
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 4:01 p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility 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.).
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Administrative Assistant Fuentes, Director of Business Unit and Housing Development Villalpando, Marketing Manager Graham, Community Resources Director Escobedo, Community Resource Manager Calderon, Public Safety Manager Mendez, Management Analyst Calderon, Human Resources Analyst Tripplet, Public Works Director/City Engineer McKinney, Finance Director Martinez, Interim Finance Manager Hallick, Design and Development Director Castro, Planning Manager Flores, Building Official Ortega.
CONFIRMATION OF AGENDA
City Manager McMillen asked to add an “Employee Recognition” item to Announcements, Presentations, and Written Communications section of the agenda; and noted that Public Works Director/City Engineer McKinney is available to provide an update under Departmental Reports Item No. 7 on the Agenda, on the City’s Americans with Disabilities Act (ADA) improvements along Avenida Bermudas, funded through the Community Development Block Grant (CDBG) grant funding program administered by the Federal Department of Housing and Urban Development (HUD) via the County of Riverside.
Mayor Evans said she would like to comment on Consent Calendar Item No. 2.
Council concurred.
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PLEDGE OF ALLEGIANCE
Councilmember Radi led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Alena Callimanis, La Quinta – said she is a reading volunteer at Coachella Valley Elementary School and on her way to City Hall; thanked Council for the wonderful Annual Community Workshop; expressed concern that the number of short-term vacation rental (STVR) permits requested by Coral Mountain would result in a 50% increase in total City-issued STVR permits if approved.
PUBLIC SPEAKER IN-PERSON: Lynn Langdon, La Quinta – asked Council to look into the increased frequency and noise of low flying airplanes/jets over the La Quinta Cove; and said the Historical Society would like to add her 1937 casita to their tours so she would like to install a historic plaque outside, and asked if a no-parking red curb could be added in front.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
EMPLOYEE RECOGNITION - ADDED PRESENTATION AT CONFIRMATION OF AGENDA
City Manager McMillen recognized Community Resources Director Escobedo for his recent graduation from the United States Airforce Academy in San Antonio, Texas and welcomed him back. City Manager McMillen also recognized and thanked the department staff who stepped up during Mr.
Escobedo’s absence: Community Resources Manager Calderon, Public Safety Manager Mendez, and Human Resources Analyst Triplett.
1. PRESENTATION BY COMMUNITY ENGAGEMENT MANAGER
ARTURO AVILES WITH OAK VIEW GROUP – UPDATE ON
ACRISURE ARENA, A MULTI-PURPOSE 10,000-SEAT INDOOR
ARENA, OPENING IN LATE 2022 IN THE COACHELLA VALLEY
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Arturo Aviles, Community Engagement Manager with Oak View Group, provided a detailed presentation on the Acrisure Arena, off Varner Road, north of Interstate 10 in Thousand Palms.
2. TALUS – PROJECT STATUS UPDATE
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PUBLIC SPEAKERS IN-PERSON: Senior Project Manager Josh Frantz with Robert Green Company, and Chief Operating Officer with Rilington Group Bruce Maize provided a detailed presentation on the status of the Talus project. Robert Green, President of the Robert Green Co. provided an update on project funding and the recently reauthorized EB-5 program whereby investors of a half million dollars or more are eligible for a U.S. Visa; updates will occur monthly with the City Manager on logistics, transfer of the golf course and all project-related information to avoid communication gaps.
3. PRESENTATION BY BURRTEC WASTE AND RECYCLING – UPDATE ON THE CITY’S COMPLIANCE EFFORTS WITH CALIFORNIA
SENATE BILL 1383 REGULATIONS REGARDING ORGANIC WASTE
MANAGEMENT AND RECYCLING
PUBLIC SPEAKER IN-PERSON: Mike Veto, District Environmental Coordinator with Burrtec Waste and Recycling, provided information on how Burrtec will comply with SB 1383, the Short-Lived Climate Pollutant Reduction Law which aims to reduce disposal of organic waste in landfills by 75% by 2025, and the education campaign planned to inform residents.
CONSENT CALENDAR
1. ADOPT ORDINANCE NO. 599 ON SECOND READING APPROVING
DEVELOPMENT AGREEMENT 2021-0003 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
2. AUTHORIZE OVERNIGHT TRAVEL FOR THE MARKETING
MANAGER TO ATTEND 2022 DESTINATIONS INTERNATIONAL
MARKETING AND COMMUNICATIONS SUMMIT IN SEATTLE,
WASHINGTON, APRIL 24-26, 2022
3. 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)
4. APPROVE DEMAND REGISTERS DATED FEBRUARY 25 AND
MARCH 4, 2022
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5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2021
6. ACCEPT ON-SITE IMPROVEMENTS ASSOCIATED WITH THE POLO VILLAS RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 36279)
LOCATED ON THE SOUTHWEST CORNER OF MADISON STREET
AND VISTA BONITA TRAIL
7. REVIEW GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORTS FOR CALENDAR YEAR 2021 AND
AUTHORIZE SUBMITTAL TO THE STATE OFFICE OF PLANNING
AND RESEARCH AND DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
8. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE
RENOVATION IMPROVEMENTS PROJECT, LOCATED AT THE LA
QUINTA DESERT PRIDE DEVELOPMENT, ON THE SOUTH SIDE OF
MILES AVENUE AND WEST SIDE OF ADAMS STREET, PROJECT
NO. 2016-03F2
9. ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL
ASSESSMENT FOR COUNTY SERVICE AREA 152, AUTHORIZE
RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND
INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING
ASSESSMENTS ON CITY PARCELS [RESOLUTION NO. 2022-006]
10. APPROVE PURCHASE OF TRAFFIC SIGNAL MAINTENANCE
EQUIPMENT FROM JTB SUPPLY COMPANY
11. RECEIVE AND FILE FISCAL YEAR 2020/21 DEVELOPMENT
PROJECT FEE REPORT
Comments on Consent Calendar Items:
Item No. 2 - Mayor Evans noted that the City’s Marketing Manager Graham will be a presenter at the Summit in Seattle discussing large events in small cities, and as a presenter, her Summit registration fee has been waived.
Item No. 4 – Mayor Evans noted that this item included the replacement of 46 shade structures in La Quinta parks.
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City Clerk Radeva said the following WRITTEN PUBLIC COMMENTS were received, distributed to Council, made publicly available, and incorporated into the agenda packet and public record of the meeting:
Item No. 3 – Brad Anderson, Rancho Mirage – opposing teleconference accessibility for public meetings.
Item No. 11 – The Desert Valley Builders’ Association sent a Letter of Satisfaction on fiscal year 2020/21 annual Development Project Fee Report.
MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 1 adopting Ordinance 599, Item No. 3 reaffirming Resolution No. 2021- 035, and Item No. 9 adopting Resolution No. 2022-006. Motion passed unanimously.
BUSINESS SESSION
1. ORDER REPORT, PURSUANT TO CALIFORNIA ELECTIONS CODE
SECTION 9212, TO ASSESS THE FISCAL, ECONOMIC, AND
RELATED IMPACTS OF THE PROPOSED INITIATIVE MEASURE,
CURRENTLY IN CIRCULATION, SEEKING TO PHASE-OUT AND
PERMANENTLY BAN NON-HOSTED SHORT-TERM VACATION
RENTALS IN NON-EXEMPT AREAS BY JANUARY 1, 2025
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office.
Council discussed the importance of including current trends such as STVR use by remote workers; the prospects provided by the current ordinance in achieving housing opportunities; and the effects the Initiative would have on the recent 10-year financial projections must be included in the study.
MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to order a report, pursuant to California Elections Code section 9212, to assess the fiscal, economic, and related impacts of the proposed initiative measure, currently in circulation, seeking to phase-out and permanently ban non-hosted short-term vacation rentals in non-exempt areas by January 1, 2025; and authorize the City Manager to enter into a professional services agreement with a qualified firm to prepare the report at the recommendation of the City’s Executive Team. Motion passed unanimously.
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2. ADOPT RESOLUTION TO ADD SENIOR BUILDING
INSPECTOR/PLANS EXAMINER POSITION; RECEIVE AND FILE
FISCAL YEAR 2021/22 MID-YEAR BUDGET REPORT, APPROVE
THE RECOMMENDED BUDGET ADJUSTMENTS, AND DESIGNATE
RESERVE FUNDING ALLOCATIONS [RESOLUTION NO. 2022-007]
Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office.
Council discussed the increase in credit card processing fees; the small percentage of property tax revenue received by the City as opposed to the County; the upward adjustment of transient occupancy tax revenue, with 30% coming from STVRs; the gradual improvement in residents’ quality of life since the current STVR ordinance took effect; personnel adjustments; accounting for inflation and increased cost of fuel, etc.; increase in fire department services; allocation to the unfunded pension trust benefits; stability afforded by fully funding every General Fund Reserve category, which allows response to disasters such as the substantial economic support given to City businesses during the COVID pandemic; credit for the City’s economic health goes in large part to voters who approved Measure G, the Council, the Financial Advisory Committee, and City Staff; the effect inflation will have in reducing the value of each dollar and therefore, the City’s spending power; the expectation that in time, the attrition of STVR permits will be reversed by new STVR permits in exempt areas; and the shortage of applicants with the skill set needed to fill the Building Inspector position, and the possibly of establishing an in-house Inspector apprenticeship program.
MOTION – A motion was made and seconded by Councilmembers Peña/ Sanchez to adopt Resolution No. 2022-007 approving a new Senior Building Inspector/Plans Examiner position:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING FISCAL YEAR 2021/22 ADOPTED SALARY
SCHEDULE TO INCLUDE A SENIOR BUILDING INSPECTOR/PLANS
EXAMINER
Motion passed unanimously.
MOTION – A motion was made and seconded by Councilmembers Peña/ Sanchez to receive and file fiscal year 2021/22 Mid-Year Budget Report; approve the recommended budget adjustments, and designate reserve funding allocations. Motion passed unanimously.
STUDY SESSION – None
PUBLIC HEARINGS – None
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DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
Item No. 7 – Public Works Director/City Engineer McKinney provided an update on the purpose of the new ramps/safety pads construction on Avenida Bermudas as part of the City’s required Americans with Disabilities Act improvements funded by Federal Community Development Block Grants.
Item No. 2 – Council discussed the City Attorney’s report on California Senate Bill 9 regarding housing development approvals and the reduction of local control.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña reported on his attendance at the ribbon cutting ceremony at La Quinta High School; the Art Celebration; the Volunteer Luncheon; the La Quinta High School Football Program Banquet; and the Community Workshop.
Mayor Evans reported on her attendance at the Costco Journeys Program event; the Women’s Leaders Forum; the Senior Citizen Outreach event hosted by the Masonic Lodge; the Hunger Hero award presented to the City by the FIND Food Bank; and the 80 trees planted as part of the Arbor Day event by the Boy Scouts and other volunteers at the SilverRock Event Park on March 12, 2022.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organizations’ meetings:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 5:58 p.m. Motion passed unanimously.
Respectfully submitted,
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MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: APPROVE THE 2022 LEGISLATIVE POLICY GUIDE
RECOMMENDATION
Approve the 2022 Legislative Policy Guide and authorize the Mayor, one Council Member, and the City Manager to issue letters within the scope of these policies.
EXECUTIVE SUMMARY
• The 2022 Legislative Policy Guide (Guide) details the Council’s positions on issues that are currently, or anticipated to be, the focus of proposed legislation and allows the City to weigh in on legislative matters that may impact the City.
• The Guiding Principles and Policy Positions presented in the Guide serve as the Council’s direction on pending legislation and enable staff to immediately respond to proposed legislation in a timely matter. • The Guide has been updated with proposed legislation pending approval this calendar year that would impact the City in areas such as Public Safety, Transportation and Public Works, COVID-19 Recovery, Community Development, Revenue and Taxation, and the Environment.
FISCAL IMPACT – None
BACKGROUND/ANALYSIS
The legislative landscape is constantly changing, producing pending legislation that may impact the City’s ability to conduct business and provide services.
The Guide (Attachment 1) enables the City to have a voice on emerging issues and allows staff to take immediate action on pressing legislation.
The Guiding Principles presented in the Guide direct the City’s legislative advocacy initiatives which include: Enhance local authority, Sustain fiscal responsibility, Foster economic development, Promote health and wellness, Support public safety, and Encourage preservation of the environment.
BUSINESS SESSION ITEM NO. 1
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The Guide provides an overview of important legislative developments arising in 2022 and connects them to emerging trends in our area. It also itemizes the Council’s policy position on key legislative areas such as economic development, finance, transportation, and public safety. The positions contained in the Guide are intended to supplement the broad range of goals, policies, and programs reflected in the General Plan, Municipal Code, and other adopted documents.
The Guide has been updated with proposed legislation pending approval this calendar year that would impact the City in areas such as Public Safety, Transportation and Public Works, COVID-19 Recovery, Community Development, Revenue and Taxation, and the Environment. Samples of pending legislation and corresponding page number in the Guide include:
• SB 1475 – Blood Bank Collections (page 4)
• AB 1599 – Reduced Felony Threshold for Theft Crimes (page 4) • SB 387 – Youth Mental and Behavioral Health (page 4)
• ACA 7 – Local Government Land Use and Zoning (page 6) • SB 45 – State Assistance for Organic Waste Compliance (page 7) • AB 1789 – Grant Program for Non-Motorized Trails (page 7) • 2022-23 Proposed State Budget (page 8)
The City receives informational updates on legislative efforts through a variety of channels, including the League of California Cities, City lobbyist Gonsalves and Son, and the City Attorney. Gonsalves and Son provides weekly phone and email updates with staff, monthly summaries, and legislative reports with an overview of each bill and current status.
ALTERNATIVES
The Guide is a resource for both Council and staff to expedite responses on legislative matters. Staff does not recommend an alternative to having the Guide, but Council may choose to modify the Guiding Principles and/or Policy Positions.
Prepared by: Jeremy Griffin, Management Specialist
Approved by: Gilbert Villalpando, Director
Attachment: 1. Legislative Policy Guide 2022
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ATTACHMENT 1
LEGISLATIVE POLICY GUIDE
2022
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2 2022 Legislative Policy Guide
The Legislative Policy Guide (Guide) is a tool for the City to navigate through the legislative landscape. This document details the City’s policy positions on priority issues and provides a comprehensive approach to allow staff to take immediate action on pressing legislation under City Council direction. The Guide identifies legislative trends and active legislation that may have an impact on the City’s interests and affairs, and supplements other Council-established goals and policies. It is intended to be updated on a regular basis.
Guiding Principles
The City of La Quinta is a charter city that supports legislation aimed at preserving local authority. Additional regulation or mandates that undermine local control are detrimental to quality service delivery.
The City of La Quinta has been able to successfully maneuver through redevelopment dissolution and economic downturn through prudent, disciplined spending and costeffective stewardship of City resources. Therefore, the City supports measures that promote fiscal stability.
The City of La Quinta generally supports legislative efforts designed to foster economic development tools and funding options for effective service delivery.
The City of La Quinta actively seeks to promote a healthy and vibrant community that provides various recreational activities and opportunities for residents to enjoy the unique benefits of La Quinta.
The City of La Quinta strongly supports community safety by providing high quality law enforcement and fire services and maintaining health and safety standards for its residents.
The City of La Quinta is a thriving desert oasis that supports a proactive and thoughtful stance regarding the enhancement and conservation of the desert environment that surrounds us, including the Salton Sea.
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3 The Guide is to intentionally promote the adoption of legislation that will establish sound public policy for responsible governance; protect and enhance public health, safety, and welfare; and aid in the City’s delivery of high-quality services to its residents.
The Guide is intended to articulate the City’s positions on issues that are currently, or are anticipated to be, the focus of future legislation. The positions contained in the Guide are intended to supplement the broad range of goals, policies, and programs reflected in the General Plan, Municipal Code, and other adopted documents. Therefore, advocacy efforts may be based on references articulated in these policy documents as they provide current direction for the City organization.
City departments are encouraged to review proposed legislation to determine how it relates to the City’s legislative platform and recommend a position that they determine to be “high priority” and recommend that the Mayor write letters, contact legislators, and otherwise communicate the position of the City as appropriate. The Mayor, or designee after conferring with the City Manager, may authorize staff to contact legislators to advocate for or against legislation that is consistent with the City’s legislative platform.
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4 Legislation Impacting Us
The public policy landscape is constantly changing, and it is incumbent on the City to stay up to date on the latest developments. Anticipating the effects emergent legislation may have on the community is imperative. Below is a short outline of impact in key areas.
SB 1475 (Glazer) Blood Banks: Collection
Senate Bill 1475 authorizes blood collection at a blood bank when a physician or surgeon is not physically present. The blood bank’s medical director and medical advisory committee must approve and the employee in charge must be a registered nurse. The registered nurse may be physically present or available via telehealth. This telehealth option will ensure the ongoing access to a tenuous blood supply by patients in urgent need of blood transfusions, especially postpandemic, and keep the shelves filled with donated blood.
AB 1599 (Kiley) Proposition 47: Repeal
Assembly Bill 1599 repeals and amends certain definitions and penalties for theft crimes and the possession of controlled substances, except those related to concentrated cannabis. Proposition 47, the Safe Neighborhoods and Schools Act of 2014, reclassified certain crimes from felonies to misdemeanors, including petty theft and shoplifting crimes not exceeding $950. This bill lowers the felony threshold from $950 to $400 for retail theft and theft crimes targeting senior citizens and dependent adults.
Related Proposition 47 bills pending approval: AB 1597, AB 1603, AB 1613, AB 2398, AB 2543, AB 2545, AB 2718, SB 1108.
SB 387 (Portantino) Pupil Health: School Employee and Pupil Training: Youth Mental and Behavioral Health
Senate Bill 387 requires a Local Educational Agency, on or before January 1, 2025, to certify to the Department of Education that 75 percent of its classified and certified employees having direct contact with pupils at each school have received specified youth behavioral health training. This required training will help school employees identify the signs of mental and behavioral health issues such as schizophrenia, bipolar disorder, clinical depression, and anxiety disorders among pupils in grades 7-12, especially during and after the COVID-19 pandemic.
SB 871 (Pan) Public Health: Immunizations
Existing law prohibits the governing authority of a school or other institution from admitting any pupil of any public or private elementary or secondary school, childcare center, day nursery, nursery school, family day care home, or development center, unless they have been fully immunized against various diseases. Senate Bill 871 would remove an exception relating to Hepatitis B and add the requirement to be fully immunized against COVID-19.
PUBLIC SAFETY
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5 AB 1738 (Boerner Horvath) Building Standards: Installation of Electric Vehicle Charging Stations: Existing Buildings
Assembly Bill 1738 requires the Department of Housing and Community Development (HCD) to propose mandatory building standards for the installation of electric vehicle charging stations with Level 2 or direct current fast charger electric vehicle supply equipment in existing multi-family dwellings, hotels, motels, school buildings, and non-residential buildings. Pending the updated Building Standards Code effective July 2024, all permits with retrofits to existing multi-family dwellings, schools, hotels, motels, and nonresidential buildings will require electric vehicle charging stations.
AB 1727 (Medina) Public Works: Fees: Small Business
Assembly Bill 1727 reduces the Department of Industrial Relations’ application fee of $400 for a small business public works contractor or subcontractor to a lower amount to be specified later.
A public works small business must be registered with the Department prior to bidding on or engaging in a public works performance contract. This would also require the application fee for a small business to be prorated based on the number of months the registration is valid for, rather than annually.
AB 1713 (Boerner Horvath) Vehicles: Required Stops: Bicycles Assembly Bill 1713 requires a person, 18 or older, riding a bicycle that when approaching a stop sign at the entrance of an intersection, to yield the right-of-way to any vehicles that have either stopped at or entered the intersection, or that are approaching on the intersecting highway close enough to constitute an immediate hazard, and to pedestrians, and continue to yield the rightof-way to those vehicles and pedestrians until reasonably safe to proceed. This would require other vehicles to yield the right-of-way to a bicycle that, having yielded as prescribed, has entered the intersection.
SB 847 (Hurtado) COVID-19 Relief: Tenancy: Grant Program Senate Bill 847 would, until January 1, 2025, create a grant program under HCD and award a program grant to a qualified applicant on a first-come, first-served basis. A "qualified applicant" means a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds in the State Rental Assistance Program and either received a negative final decision or is still waiting over 20 days for a decision. The grant amount would be the actual rental debt owed by the tenant. This applies to owners of residential properties and units only.
TRANSPORTATION AND PUBLIC WORKS
COVID-19 RECOVERY
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6 ACA 7 (Muratsuchi) Local Government: Police Power: Municipal Affairs: Land Use and Zoning
This ballot measure would amend the California Constitution to specify that actions by a charter city or county related to zoning, development, or land use would be a municipal affair, and prevail over conflicting state laws. Cities can enact new laws to purposely conflict with state laws such as Senate Bill 9 (lot splits and duplexes in single-family residential zones). The state cannot modify how it appropriates funding or funding preference to cities and counties based on state law conformity. The measure would give most zoning and land use control back to local jurisdictions.
SB 1430 (Melendez) Energy: Building Standards: Photovoltaic Requirements Senate Bill 1430 would, until January 1, 2030, suspend any existing regulation that requires a new single-family residential home to install a photovoltaic system (solar panels). To reduce building costs, this bill would provide that every city and county within the state, and their building departments, are not required to enforce any existing regulation regarding the requirement for solar panels on new single-family residential homes.
Ballot Initiative 21-0042A1: Taxpayer Protection and Government Accountability Act This active ballot initiative protects residents from new and increased taxes and fees unless they vote on them first. It would be more difficult for the state and local jurisdictions to impose taxes and fees without more involvement and outreach with the public. New taxes and fees, tax increases, and fee schedule adjustments would have to be clearly identified and used only as intended. However, this initiative could also decrease or even eliminate needed revenue streams from fees and taxes, potentially impacting the current level of services. This would take control away from local governments to initiate, impose, and update local taxes and fees as needed.
COMMUNITY DEVELOPMENT
REVENUE AND TAXATION
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7 SB 45 (Portantino) Short-Lived Climate Pollutants: Organic Waste Reduction Goals:
Local Jurisdiction Assistance
Senate Bill 45 formally directs the Department of Resources Recycling and Recovery (CalRecycle) to aid local jurisdictions, including but not limited to any funding approved in the annual Budget, to help them comply with the regulations of Senate Bill 1383 (short-lived climate pollutants reduction). The city applied to CalRecycle’s first round of SB 1383 grant funding. This bill may expedite future rounds of state funding to help implement SB 1383 at the local level.
SB 38 (Wieckowski) Beverage Containers
Senate Bill 38 establishes the Beverage Container Recycling Program by July 2024. This program puts responsibility on the beverage container industry to develop a Beverage Container Stewardship Organization (BCSO). The BCSO must develop a plan for the redemption of empty beverage containers. Beverage dealers earning at least $4 million annually must enable beverage container returns onsite with a redemption center, reverse vending machine, or at the cash register. Consumers should be able to drop off containers and receive California Redemption Value (CRV) just as easily as they had to pay the CRV fee. The state redemption goal is 85% per beverage container type by 2025. If the redemption falls below that, the CRV would increase to $0.10 for all beverage containers. While the positive impact would be more redemption opportunities and CRV refunds for consumers, the negative impacts could include decreased state funding to local jurisdictions and increased recycling rates from waste haulers.
AB 1789 (Bennett) Outdoor Recreation: California Trails Commission: Trails Corps Program: Grant Program
Assembly Bill 1789 creates the California Trails Commission and Trails Corps Program to promote investment, education, and training in the advancement of sustainable trails and best management practices of non-motorized natural surface trails. This bill appropriates $75 million from the General Fund, and $15 million annually after June 2023, for competitive grants for trail development and enhancements.
AB 2851 (Garcia, E) Salton Sea Geothermal Resource Area: Lithium Valley Office of Development
Assembly Bill 2851 establishes the Lithium Valley Office of Development within the Natural Resources Agency and requires the office, in consultation with relevant state and local agencies, to coordinate activities related to funding, economic development, construction, manufacturing, technical development, and reclamation of lithium located in the Salton Sea geothermal resource area. The untapped lithium reserves in geothermal brine one mile underground near the Salton Sea could potentially satisfy one-third of the global lithium demand. This could lead to significant, positive impacts to the Imperial Valley through mining lithium, manufacturing batteries, and distributing products around the world.
ENVIRONMENT
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8 Governor’s Proposed 2022-23 State Budget
Governor Gavin Newsom submitted his 2022-23 State Budget proposal to the Legislature on January 10, 2022 – a $286.4 billion fiscal blueprint that provides funding for COVID-19 Relief, Education, Economic Growth and Job Creation, Climate Change, Transportation, Housing, Health Care, Homelessness, and Crime. This budget proposal is $59 billion more than the previous fiscal year. The projected surplus is $45.7 billion with $20.6 billion in the General Fund for discretionary purposes.
Pending any changes before final Legislature approval on June 15, 2022, here is a summary1:
COVID-19 Relief
• $2.7 billion for continued COVID-19 efforts this remaining fiscal year and 2022-23 • $300 million to permanently expand the State’s ability to protect health Education
• $119 billion for K-12 education ($20,855 per student among all funding sources) • Funding for more affordable student housing and learning-aligned employment • $1.5 billion to support college and career pathways for high school students Economic Growth and Job Creation
• Restores business tax credits and adds a new tax credit for green energy technologies • $20 billion in infrastructure-related investments that will create thousands of jobs • $500 million in additional tax relief for small businesses • $1.7 billion to expand the State’s health and human services workforce Climate Change
• $2.7 billion to expand firefighting capacity and invest in forest health and reforestation • $1 billion to address drought response needs and future contingencies Transportation
• $9.1 billion for continued development of an electrified high-speed rail system • $6.1 billion to support a zero-emission vehicle and charging infrastructure Housing
• $1.5 billion to accelerate new affordable housing
Health Care
• Closes a key gap in preventative coverage for persons aged 26-49 • $400 million for children’s preventative care, maternity care, and depression screenings Homelessness
• $2 billion to continue investing in behavioral health housing and encampment cleanup Crime
• $285 million to bolster law enforcement response to organized retail theft • $20 million to support small businesses victimized by retail theft Budget Reserves
• A strong reserve is needed to balance the budget in case of future fiscal emergencies • $34.6 billion in reserves that includes a maximized Rainy-Day Fund of $20.9 billion [1] Budget summary based on the Proposed Budget Summary (2022) on the California 2022-23 Governor’s Budget website at: https://ebudget.ca.gov/2022-23/pdf/BudgetSummary/Introduction.pdf. 2022-23 STATE BUDGET
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9 Policy Positions
• The City of La Quinta supports economic development policies and funding mechanisms that foster a hospitable and thriving business environment. • Considering budget shortfalls, the City supports public-private development opportunities that encourage economic activity and promote health and wellness within the City.
• The City supports retaining financial flexibility and authority regarding redevelopment dissolution matters.
• The City opposes measures that would make the City more dependent on the State for financial stability.
• The City supports legislation that facilitates the recoupment of costs derived from State and Federal mandates.
• The City of La Quinta is a charter city that relies on contract services to provide efficient service delivery.
• The City opposes any change in revenue allocations that would negatively affect local governments.
• The City opposes any action that would preempt local control over locally imposed taxes and other funding sources.
• The City is opposed to any unfunded State and Federal mandates. 185 Click Here to Return to Agenda
10 • The City of La Quinta supports legislation that develops programs to increase housing opportunities to meet growth demand in our area. • The City supports legislative efforts that provide incentives to local governments and private developers to develop housing opportunities including affordable housing for low-income and disabled seniors, adults, and veterans.
• The City of La Quinta supports the preservation of our environment. • The City promotes the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California’s fresh water supply.
• The City supports financial incentives and legislation that encourages water reuse and the treatment of municipal wastewater for non-potable reuse. • The City of La Quinta supports measures that provide financing tools for increasing effective, clean transportation.
• The City supports clean energy alternatives that are adequately funded. • The City supports State clean energy programs that are financially viable and direct funding to local government to invest in clean energy. • The City supports developing vital infrastructure and streamlining the Local, State, and Federal process for infrastructure development to better meet local needs.
• The City supports legislation that strengthens local authority over land use and infrastructure development.
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11 • The City of La Quinta generally supports legislation that strengthens local law enforcement and safeguards communities.
• The City supports measures aimed at providing sustained support for law enforcement to deal with the additional supervision and enforcement requirements of State-mandated realignment provisions.
• The City opposes expansion of "early release" for offenders without necessary mechanisms in place for local law enforcement to provide corresponding services.
• The City of La Quinta strongly supports attracting tourism. • The City supports efforts that help promote the City's hospitality, parks and recreation, health and wellness offerings, and entertainment venues. • The City supports working closely with public and private agencies to help boost advertisement and other means of garnering tourism. • The City supports measures that fund parks and recreation programs. 187 Click Here to Return to Agenda
12 LEGISLATIVE CALENDAR 2022
MONTHLY OVERVIEW
Below is an overview that summarizes major legislative events and key dates that occur month-to-month.
January: The previous year’s laws go into effect January 1. Legislature reconvenes on January 3. The Governor must submit the budget by January 10. Last day for each house to pass their own bills that were introduced the previous year is January 31.
February: The last day for bills to be introduced is February 18.
April: Spring Recess upon adjournment: April 8–17. Legislature reconvenes on April
18. Last day for policy committees to hear and report new fiscal bills to fiscal committees is April 29.
May: Policy committees must report non-fiscal bills by May 6. Last day for policy committees to meet is May 13; last day for fiscal committees to meet is May 20. Floor session only from May 23–27. Each house must pass their own bills by May 27.
Committee meetings resume on May 31.
June: Budget Bill must be passed by June 15. Last day for a legislative measure to qualify for the November general election is June 30.
July: The last day for policy committees to meet and report bills is July 1. Summer Recess begins upon adjournment: July 2–31.
August: Legislature reconvenes on August 1. The last day for fiscal committees to report bills is August 12. Floor session only from August 15–31. Final day for each house to pass bills is August 31. Final recess begins upon adjournment: September 1 – December 4.
September: September 30 is the last day for the Governor to approve or veto bills passed by the Legislature.
October: Bills enacted on or before October 2 take effect in January 2023.
November: The General Election is held on November 8.
December: The 2023-2024 Legislative Session convenes on December 5 for an organizational session.
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDS TO REPLACE THE CITY’S
STREET SWEEPER IN FISCAL YEAR 2021/22
RECOMMENDATION
Appropriate $300,000 to purchase a new street sweeper during fiscal year 2021/22.
EXECUTIVE SUMMARY
The City has one street sweeper that has reached its end of life and is currently inoperable.
The delivery time for a new sweeper is 10-12 months.
The street sweeper is used to fill the gap in service during wind events and emergencies.
Additional street sweeping, in-conjunction with contract sweeping, is required to comply with National Pollutant Elimination System (NPDES) permit program and to provide desired service levels to our community. The sweeper purchase may be eligible for full or partial reimbursement with CSA 152 funds.
FISCAL IMPACT
Approved funds would be allocated from the Machinery and Equipment (501- 0000-80100) account for disbursement. Contingent on availability of CSA 152 funds all or partial cost of sweeper may be reimbursed.
BACKGROUND/ANALYSIS
All city-maintained streets are swept twice a month under two separate contracts and managed by a third party; one being Burrtec waste disposal, and the other is the Coachella Valley Association of Governments (CVAG). Due to the wind events that occur frequently, additional sweeping is required to comply with NPDES regulations and to provide the level of service our residents expect.
BUSINESS SESSION ITEM NO. 2
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Our current street sweeper is 15 years old, has reached its end of life, and is inoperable. Presently City Staff is hand cleaning sand after wind events, which is neither efficient or sustainable. This also creates safety hazards and adds an additional strain to the Streets and Stormwater division staff.
The lead time for a new sweeper is 10-12 months due to supply chain issues.
Placing the order this fiscal year will reduce the wait time by 4-5 months. Our current sweeper is a 2007 regenerating air vacuum model, this model requires a commercial license to operate. We will procure a mechanical broom model that can be operated with a non-commercial driver’s licenses.
ALTERNATIVES
Staff does not recommend an alternative action.
Prepared by: Alfred Berumen, Management Analyst, Fleet/Facilities Approved by: Tony Ulloa, Public Works Deputy Director
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City of La Quinta
CITY COUNCIL MEETING: April 5, 2022
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
FIND FOOD BANK AND APPROPRIATE FUNDS FOR FOOD DISTRIBUTION
PROGRAMS
RECOMMENDATION
Approve Agreement for Contract Services with FIND Food Bank and appropriate funds, in the amount of $60,000, for food distribution programs, and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
• In July 2020, the City entered into an agreement with FIND to provide funding to support food distribution to seniors, low/fixed income residents, and those in need due to the COVID-19 pandemic. • This partnership has evolved to providing food to La Quinta’s affordable housing sites, City staff trained in the handling and deployment of food services with FIND, and serving both La Quinta residents and the region. • FIND has requested additional funding to continue food distribution through the 2022 calendar year.
• Approval of the Agreement (Attachment 1) will continue the partnership with FIND.
FISCAL IMPACT
Approval of this item would appropriate $60,000 in the 2021/22 General Fund budget as a contribution to other agencies with the Grants Accounts (Account No. 101-3001-60510).
BUSINESS SESSION ITEM NO. 3
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BACKGROUND/ANALYSIS
In March of 2020, the COVID-19 pandemic created a surge for needed food resources for La Quinta residents. The food insecurity affected homebound and isolated seniors, adults and families who lost stable jobs, and children who lost access to free/reduced meals due to school closures. It was during this time that the City entered into a partnership with FIND and provided $40,000 to support the following:
• An increase in service to La Quinta through 7 additional large and small format free Community Mobile Market sites; and
• Direct service to low/fixed income senior housing complexes; and • Increased free food distributions from 1 to 11 per month; and • Increased the amount of food distributed in La Quinta from 120,721 lbs. in 2019 to 692,609 lbs. from January 1 to November 30, 2020.
December 2020, Council approved an additional $60,000 with FIND for food distribution services to continue services through 2021. In 2021, the amount distributed decreased to 489,826 lbs. of food to La Quinta residents with an economic value of $837,602. At the same time, with the sharp rise in gas prices and continued pressure on family food budgets due to the supply chain pressure, FIND anticipates a growth in demand for the remainder of 2022.
FIND is requesting an additional $60,000 (Attachment 2) to continue supporting the increased programmatic expansion of food distributions through the end of 2022.
ALTERNATIVES - None.
Prepared by: Chris Escobedo, Community Resources Director Approved by: Jon McMillen, City Manager
Attachments: 1. Contract Services Agreement with FIND Food Bank
2. FIND proposal
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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 FIND FOOD BANK (“FIND”) a non-profit organization (“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 the storage, preparation and delivery of non-perishable food kits for seniors and La Quinta residents, 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 applicable ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance. Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 1
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2 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 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 194 Click Here to Return to Agenda
3 adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Sixty Thousand Dollars ($60,000) (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.
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4 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.
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5 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this Agreement shall commence on April 5, 2022 and terminate on June 30, 2023 (“Initial Term”). This Agreement may be extended for one (1) additional year upon mutual agreement by both parties (“Extended Term”).
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) Debbie Espinosa, President/CEO
Tel No. (760) 755-3663
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 197 Click Here to Return to Agenda
6 assigned to perform the Services required hereunder without the express written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as the Chris Escobedo, Community Resources Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of 198 Click Here to Return to Agenda
7 Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 199 Click Here to Return to Agenda
8 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.
Similarly, to the fullest extent permitted by law, City shall indemnify, protect, defend (with counsel selected by Contracting Party), and hold harmless Contracting Party and any and all of its officers, employees, agents, and volunteers for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs alleged to be attributable to the performance by City of City’s obligations as set forth in “Exhibit A” (Scope of Work), sections 1c and 1d only, except City shall not be required to indemnify and hold harmless Contracting Party for liability attributable to the active negligence of Contracting Party.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated 200 Click Here to Return to Agenda
9 increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without 201 Click Here to Return to Agenda
10 specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a 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.
7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or 202 Click Here to Return to Agenda
11 received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, 203 Click Here to Return to Agenda
12 liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of a Party. If termination is due to the failure of a 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 204 Click Here to Return to Agenda
13 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. In the event Contracting Party terminates the Agreement for City’s default, Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in 205 Click Here to Return to Agenda
14 the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Chris Escobedo
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
FIND FOOD BANK, INC.
Debbie Espinosa
83775 Citrus Ave
Indio, California 92201
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15 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.
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16 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10Authority. 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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17 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:
FIND FOOD BANK
a non-profit organization
DEBBIE ESPINOSA
President/CEO
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A