Agenda packet — La Quinta City Council, May 3, 2022 (part 1 of 2)

CITY COUNCIL AGENDA Page 1 of 8 MAY 3, 2022

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, MAY 3, 2022
3:00 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 MAY 3, 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/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

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

ZOOM LINK: https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 – 8782
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

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 REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON MAIN STREET, EAST OF DESERT CLUB DRIVE (WESTERLY PORTION); APNS: 770-123-011 AND 770-124-010
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
NEGOTIATING PARTY: WELLS MARVIN
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON AVENIDA LA FONDA, EAST OF DESERT CLUB DRIVE; APNS: 770-125-003, 770-125-002
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
NEGOTIATING PARTY: NINO ROSINI
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL

APPOINTED POSITION - CITY MANAGER

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

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE
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CITY COUNCIL AGENDA Page 4 of 8 MAY 3, 2022

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)].

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. TALUS – PROJECT STATUS UPDATE

2. LA QUINTA ART CELEBRATION – MARCH 2022 – EVENT SUMMARY REPORT

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

PAGE

1. APPROVE MEETING MINUTES OF APRIL 5, 2022 9

2. APPROVE MEETING MINUTES OF APRIL 19, 2022 19

3. ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF THE

HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY,
NOVEMBER 8, 2022, AND (B) REQUESTING RIVERSIDE COUNTY
CONSOLIDATE THE NOVEMBER 8, 2022, MUNICIPAL ELECTION WITH

THE STATEWIDE GENERAL ELECTION
[RESOLUTION NOS. 2022-009 & 2022-010]
25 4. 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)
31 5. AWARD CONTRACT TO URBAN HABITAT FOR CONSTRUCTION OF THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-03F, LOCATED AT THE LA QUINTA TOPAZ DEVELOPMENT, ON 37 Click Here to Return to Agenda
CITY COUNCIL AGENDA Page 5 of 8 MAY 3, 2022

THE SOUTH SIDE OF MILES AVENUE AND WEST SIDE OF DUNE PALMS ROAD

6. APPROVE PURCHASE OF FOUR ADVANCED TRAFFIC CONTROL

CABINETS FROM ECONOLITE
45 7. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND

AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR
TRACT MAP NO. 29283, RANCHO LA QUINTA, A RESIDENTIAL
DEVELOPMENT LOCATED NORTH OF AVENUE 50 AND EAST OF MOON

RIVER DRIVE
51 8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2022
59 9. APPROVE DEMAND REGISTERS DATED APRIL 15 AND 22, 2022 65

10. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR EISENHOWER DRIVE FROM AVENUE 50 TO WASHINGTON STREET
[RESOLUTION NO. 2022-011]
81 11. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $150,000 OF MATERIALS FOR
FISCAL YEAR 2021/22
91 12. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH ST. FRANCIS ELECTRIC FOR ON-CALL TRAFFIC

SIGNAL REPAIR SERVICES
93 13. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE MACIAS NURSERY, INC. TO PURCHASE UP TO $100,000 OF PLANT MATERIALS FOR FISCAL YEAR 2021/22
99 BUSINESS SESSION
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1. APPROVE GOLD STAR FAMILY MONUMENT DESIGN AND ART PURCHASE

AGREEMENT WITH SELECTED ARTIST FOR THE DESIGN AND BUILD OF

THE MONUMENT, APPROPRIATE ADDITIONAL FUNDS
101

2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH IN-SITE LANDSCAPE ARCHITECTURE, INC. TO PROVIDE MASTER PLANNING SERVICES FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02, LOCATED AT THE CORNER OF AVENUE 52 AND AVENIDA

BERMUDAS
133
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3. APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF: 1) AVENUE 50 WIDENING
IMPROVEMENTS PROJECT NO. 2022-05, 2) JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT 2022-07, AND 3) JEFFERSON STREET SLURRY IMPROVEMENTS PROJECT 2021-17;

AND APPROPRIATE FUNDING FOR JEFFERSON STREET SLURRY

IMPROVEMENTS
183

STUDY SESSION
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1. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM 2021 AND FIRST QUARTER 2022 CHARACTERISTICS, COMPLIANCE AND ENFORCEMENT

OVERVIEW
207

2. DISCUSS CITYWIDE PUBLIC SAFETY CAMERA SYSTEM PHASE 1 RECAP AND PHASE 2 PROPOSED IMPROVEMENTS
219
PUBLIC HEARINGS – NONE

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY RESOURCES – QUARTERLY REPORT JANUARY – MARCH 2022
225

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC WORKS

8. POLICE – QUARTERLY REPORT JANUARY – MARCH 2022 231

9. FIRE – QUARTERLY REPORT JANUARY – MARCH 2022 233
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)

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CITY COUNCIL AGENDA Page 7 of 8 MAY 3, 2022

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. CVAG TRANSPORTATION COMMITTEE (Radi)

23. SUNLINE TRANSIT AGENCY (Radi)

24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)

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

26. ANIMAL CAMPUS COMMISSION (Sanchez)

27. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez)

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

29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

30. HOUSING COMMISSION MEETING MINUTES DATED MARCH 9, 2022 237

31. FINANCIAL ADVISORY COMMISSION MINUTES DATED FEBRUARY 9, 2022
241

32. PALM SPRINGS AIRPORT COMMISSION MINUTES DATED APRIL 15, 2022 245

ADJOURNMENT
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The next regular meeting of the City Council will be held on May 17, 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 Click Here to Return to Agenda
CITY COUNCIL AGENDA Page 8 of 8 MAY 3, 2022

Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on April 29, 2022.

DATED: April 29, 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.
 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 COUNCIL MINUTES Page 1 of 9 APRIL 5, 2022

CITY COUNCIL

MINUTES
TUESDAY, APRIL 5, 2022

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:30 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 (joined the meeting at 4:05 p.m.), Sanchez, Mayor Evans
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, Management Specialist Griffin, Marketing Manager Graham, Community Resource Director Escobedo, Public Safety Manager Mendez, Code Compliance Supervisor Meredith, Community Resource Manager Calderon, Management Analyst Calderon, Human Resources Analyst Triplett, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Finance Director Martinez, Design and Development Director Castro, Senior Planner Flores, Management Analyst Berumen, Public Works Deputy Director Ulloa, and Traffic Management Analysts Gunterson.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed

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)
CONSENT CALENDAR ITEM NO. 1 9
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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 COUNCILMEMBERS
FITZPATRICK, PEÑA, AND SANCHEZ
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following action was taken on Closed Session Item No. 1, pursuant Government Code § 54957.1, subdivision (a)(2) [Brown Act]:

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to authorize the initiation of litigation.

Motion passed: ayes – 4; noes – 0; absent – 1 (Radi); abstain – 0.

Mr. Ihrke noted that pursuant to Government Code § 54957.1, this announcement need not and will not identify the action, defendants, or other particulars, but upon formal commencement of any action, such information will be made available upon a request by any person.

PLEDGE OF ALLEGIANCE
Councilmember Peña 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 – spoke in opposition of the proposed Wave at Coral Mountain Resort project and provided comments about potential light spillage and noise echoing.

COUNCILMEMBER RADI JOINED THE MEETING AT 4:05 P.M.

Mayor Evans said WRITTEN PUBLIC COMMENTS were received as follows:
 Clay Huntington, La Quinta – in support of short-term vacation rentals (STVRs) and issuance of new STVR permits; and
 Tom McDaniel, La Quinta – in support of the Wave at Coral Mountain Resort project.

City Clerk Radeva presented instructions on how to join the Council meeting via teleconference using Zoom and stated that instructions are also available on the City’s website and listed on the published agenda. 10 Click Here to Return to Agenda
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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
Dr. Rick Axelrod, LifeStream Blood Bank’s President/CEO/Medical Director and Larry Frederick, National Blood Advocate (attending via teleconference) presented to Mayor Linda Evans, the Larry Frederick Award for 2022, in recognition of her contributions and dedication in raising awareness for the need for blood donations.

Mayor Evans acceptance video was played in which she expressed her gratitude for being honored.

2. INTRODUCE NEW AND PROMOTED CITY EMPLOYEES
City Manager McMillen introduced the following new City employees:

Employee Name Title Department _
Michelle Gonzalez P/T Software Program Writer Design and Development Justin Lee P/T Recreation Leader Community Development
Kayla Lopez P/T Recreation Leader Community Development Cesar Cruz Traffic Signal Technician Public Works
Brianna Rodriguez Code Compliance Officer I Community Development Rafael Muniz (teleconference) Maintenance Worker I Public Works Each employee introduced themselves and provided a brief overview of their qualifications and experience.

3. PROCLAMATION RECOGNIZING APRIL AS NATIONAL DONATE

LIFE MONTH
Council presented to Jolene Vargas, a OneLegacy Ambassador and three-time organ transplant recipient, a proclamation for Donate Life Month. Ms. Vargas expressed her gratitude for having been fortunate to be an organ transplant recipient and noted the great need for organ donors.

4. X-PARK SOFT OPENING UPDATE
Management Analyst Calderon and Victor Nelson, Director of Operations with Action Park Alliance, provided an update on the X-Park soft opening, operations, attendance, and programming.
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5. TALUS – PROJECT STATUS UPDATE
Senior Project Manager Josh Frantz with Robert Green Company and Chief Operating Officer with Rilington Group Bruce Maize provided a detailed presentation on the project’s overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, 2) Montage Guestrooms, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, and 7) Pendry Hotel.

Rober Green, President of the Robert Green Co. (attending via teleconference) provided an update on the project funding.

6. 2022 BNP PARIBAS TENNIS TOURNAMENT – TRAFFIC

OBSERVATIONS SUMMARY
Traffic Management Analyst Gunterson provided a summary of the traffic operations during the 2022 BNP Paribas Tennis Tournament.

CONSENT CALENDAR

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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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
Comments on Consent Calendar Items:

Item No. 7 – Senior Planner Flores and Wendy Becker, Founding Principal with Urbana Preservation and Planning, LLC explained (via Zoom) the Historic Resources Survey update scope of work and timeline.

Item No. 2 – Council expressed their gratitude for the historic fire truck donation; said the truck is operable and will be on display at the City’s 40th Birthday Celebration on April 30, 2022, at the Civic Center Campus.

MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to approve the Consent Calendar as recommended. Motion passed unanimously.
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BUSINESS SESSION

1. APPROVE THE 2022 LEGISLATIVE POLICY GUIDE
Management Specialist Griffin presented the staff report, which is on file in the Clerk’s Office.

Council discussed the 2022 pending legislation; adding opposition to unfunded mandates; adding a health and wellness component; and editing and approving the Guide before the September League of California Cities meeting.

MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to continue this item to a future date. Motion passed unanimously.

2. APPROPRIATE FUNDS TO REPLACE THE CITY’S STREET SWEEPER IN FISCAL YEAR 2021/22
Management Analyst Berumen and Deputy Director Ulloa presented the staff report, which is on file in the Clerk’s Office.

Council discussed the City’s current street sweeping scheduled maintenance services provided bi-weekly by Coachella Valley Association of Governments and Burrtec Waste and Recycling; the City’s street sweeper helps provide street maintenance in between the scheduled cleanings, when it is warranted due to wind events; street sweeper’s average useful life is 15 years and related operational costs; the City is able to schedule additional street sweeping through a contactor, while the street sweeper is on back order; challenges with sharing equipment with other jurisdictions as it may not be available when the City needs to use it; inability to contract equipment through CVAG should an emergency occur; and it runs on diesel.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Peña to appropriate $300,000 to purchase a new street sweeper during fiscal year 2021/22. Motion passed unanimously.

3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FIND

FOOD BANK AND APPROPRIATE FUNDS FOR FOOD

DISTRIBUTION PROGRAMS
Community Resources Director Escobedo presented the staff report, which is on file in the Clerk’s Office.
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PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Debbie Espinosa, President and CEO with FIND Food Bank (FIND), thanked the City for the support and partnership with FIND to establish and expand food delivery services in La Quinta during the pandemic in 2020 and 2021; congratulated the City on receiving the Hunger Heroes award for its dedication, contribution, and partnership with FIND to help provide hunger relief to people experiencing food insecurity for the first time in their lives; said FIND is requesting the City’s partnership again in 2022 as the economy continues to be volatile, and food costs have risen along with gas costs and other goods, placing additional stress on people and limiting their purchase power; noted the amount of food distributions that have been delivered through this partnership, which in turn has allowed people to redirect those funds to other vital needs, such as rent, etc.

Council discussed the existing food distribution locations in La Quinta and possible future locations.

MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to 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. Motion passed unanimously.

MAYOR EVANS CALLED FOR BRIEF RECESS AT 5:54 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:00 P.M.

WITH ALL MEMBERS PRESENT
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Alena Callimanis, La Quinta – asked if Planning Commissioner Caldwell’s absence from the April 12, 2022 Planning Commission meeting was excused under Consent Calendar Item No. 1.

Mayor Evans affirmed.

STUDY SESSION

1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2022/23 THROUGH 2026/27 CAPITAL IMPROVEMENT PROGRAM
Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office.
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Council discussed the difficulty of projecting cost increases and shortages in materials over five years; round-about outreach; the triple left turn configuration at the Fred Waring Drive and Washington Street intersection; bike lanes; technology infrastructure; moving the pavement rehabilitation of Moon River Drive up in the timeline, and postponing the Corporate Center Drive gap closure project; Corporate Yard and Fritz Burns Park design; potential Village parking lot land acquisition; and skate park crosswalk safety.

Council directed staff to provide an update on drainage projects and maintenance.

PUBLIC HEARINGS – None
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Radi said he toured the event site building at the SilverRock Park and it looked top-notch.

Mayor Pro Tem Fitzpatrick reported on her attendance, along with Councilmember Peña at the “Fly Over LQ: A Kite Experience” event held on April 2, 2022 at the SilverRock Park.

Councilmember Peña reported on his attendance with Mayor Evans at the opening of the Jim Houston Pavilion hanger at the Palm Springs Air Museum, on April 2, 2022, displaying a rare F-117A Nighthawk #833 aircraft, nicknamed “Black Devil.”
Mayor Evans reported on her attendance with Councilmembers Peña and Sanchez at the Palm Springs Air Museum Gala on March 25, 2022.

Mayor Evans congratulated Victory Grund, La Quinta’s recipient of the 2022 Senior Inspiration Award.

Mayor Evans said she attended Mr. Mike Grgich 99th birthday celebration on April 2, 2022, at the La Quinta Resort.

Mayor Evans reminded the audience that the Greater Coachella Valley Chamber of Commerce, in partnership with the City, will be hosting the 2022 La Quinta Spring Business Update event at the SilverRock Park on April 6, 2022.
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CITY COUNCIL MINUTES Page 9 of 9 APRIL 5, 2022

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organizations’ meetings:
 COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE  VISIT GREATER PALM SPRINGS
La Quinta’s representative for 2022, Councilmember Peña reported on his participation in the following organizations’ meeting:
 IID ENERGY CONSUMERS’ ADVISORY COMMITTEE
La Quinta’s representative for 2022, Councilmember Radi reported on his participation in the following organizations’ meetings:
 CVAG TRANSPORTATION COMMITTEE
 SUNLINE TRANSIT AGENCY

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 6:47 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL MINUTES Page 1 of 6 APRIL 19, 2022

CITY COUNCIL

MINUTES
TUESDAY, APRIL 19, 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.

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, Director of Business Unit and Housing Development Villalpando, Marketing Manager Graham, Community Resources Director Escobedo, Public Safety Manager Mendez, Community Resource Manager Calderon, Human Resources Manager Triplett, Management Analyst Calderon, Public Works Director/City Engineer McKinney, Finance Director Martinez, Design and Development Director Castro, and Public Works Director / City Engineer McKinney
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION – PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF
SECTION 54956.9 OF THE GOVERNMENT CODE;
NAME OF CASE: CITY OF LA QUINTA, PETITIONER, V. LA QUINTA

ARTS FOUNDATION, RESPONDENT, USPTO TRADEMARK TRIAL
AND APPEAL BD., CANCELLATION CASE NO.: 92076446;
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NAME OF CASE: LA QUINTA ARTS FOUNDATION, PLAINTIFF, V.

CITY OF LA QUINTA, DEFENDANT, US DIST. COURT, CENTRAL
DISTRICT OF CAL., CASE NO. 5:21-CV-515

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY

LOCATED ON MAIN STREET, EAST OF DESERT CLUB DRIVE
(WESTERLY PORTION ); APNS: 770-123-011 AND 770-124-010) CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
NEGOTIATING PARTY: WELLS MARVIN
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY
LOCATED ON AVENIDA LA FONDA, EAST OF DESERT CLUB DRIVE; APNS: 770-125-003 AND 770-125-002
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
NEGOTIATING PARTY: NINO ROSINI
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:03 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:00 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
Councilmember Radi led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
City Clerk Radeva presented instructions on how to join the Council meeting via teleconference using Zoom and stated that instructions are also available on the City’s website and listed on the published agenda.

PUBLIC SPEAKER: Philip Bettencourt, La Quinta – said he serves on the Imperial Irrigation District (IID) Coachella Valley Energy Commission as the At-Large Commissioner for Cities; the Commission’s objective is to develop a long-term strategic plan to continue energy services for the Coachella Valley 20 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 3 of 6 APRIL 19, 2022
following the 2033 expiration of the 99-year lease between IID and the Coachella Valley Water District; and noted his support for the independent study on electrical energy service alternatives for certain areas of the Coachella Valley and the importance of this study; Local Agency Formation Commissions (LAFCO) for the Counties of Riverside and Imperial have selected a consultant to conduct the study, and are awaiting the funding from the State of California pursuant to Governor Newsom’s sponsored bill, which is not yet available.

PUBLIC SPEAKER: Lyola Torres, La Quinta – said she moved to La Quinta about six years ago from Los Angeles; expressed her concern of the community’s outcry about short-term vacation rentals (STVR), the divisiveness it has created in the community, and the misleading information being provided by the circulators of the citizens’ initiative petition currently knocking door-to-door to collect signatures representing that the petition is in support of STVRs.

City Attorney Ihrke said a citizens’ initiative measure was filed with the City and it is currently being circulated for signatures, and explained the signature collection process and the signature verification process to qualify the proposed initiative measure for the ballot are governed by State law; provided a brief outline of the ballot measure process as prescribed by State law; and noted that if there is a concern about misinformation or wrongdoing, it can be reported to the Fair Political Practices Commission for investigation and determination.

Mayor Evans said the STVR Program statistics and other relevant information is available on the City’s website.

City Clerk Radeva said folks who may have signed the petition in error can request to withdraw their signature with the Elections Official in accordance with State law.

PUBLIC SPEAKER: Lynne Daniels, La Quinta – said she has operated an STVR for about 10-12 years; spoke of the evolution of the STVR program; STVRs have helped improve and beatify homes in La Quinta; visitors shop in La Quinta; expressed her concern about a neighbor who does not keep their home neat, which affects the image of the neighborhood; the majority of STVR homeowners obey the rules; and asked if the proposed initiative measure passes how it would affect the existing STVR permit holders.

Mayor Evans replied that if the proposed initiative measure passes, STVRs in non-exempt areas will be phased-out and permanently banned by January 1, 2025.
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CITY COUNCIL MINUTES Page 4 of 6 APRIL 19, 2022
PUBLIC SPEAKER: Alena Callimanis, La Quinta – said the Desert Sun recently published an article noting the importance of water conservation; and spoke in opposition of the proposed Coral Mountain Resort project.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. RECOGNITION OF LA QUINTA’S SENIOR INSPIRATION AWARD

RECIPIENT VICTORY GRUND
Mayor Evans said Riverside County current Fourth District Supervisor V.

Manuel Perez, alongside the Coachella Valley’s nine cities, now hosts the annual Senior Inspiration Award, a 30-year old tradition. This event recognizes the community’s unsung heroes, individuals 65 years and older whose volunteerism and ongoing work in the community inspire us to be active. This year’s luncheon event was held on March 31, 2022, at the Fantasy Springs Resort Special Event Center in Indio, CA. The Senior Inspiration Awards was started by former Fourth District Supervisor Patricia “Corky” Larson and former Palm Desert Mayor Jean Benson as a way to thank the volunteers of our community and to encourage others to join in on the volunteerism and philanthropy. Each jurisdiction nominates one individual every year to be recognized and explained the review process.

Mayor Evans introduced La Quinta’s 2022 Senior Inspiration Award recipient Victory Grund and expressed Council’s gratitude for her service; a short video was played showcasing Mrs. Grunds history and contribution to the community through the creation of the La Quinta Arts Studio.

Mrs. Grund thanked the City for the honor and recognition; and expressed her love and passion for art and the joy it brings into peoples’ lives.

CONSENT CALENDAR

1. APPROVE SPECIAL JOINT COUNCIL AND BOARDS AND
COMMISSIONS MEETING MINUTES OF MARCH 28, 2022

2. ADOPT RESOLUTION TO APPROVE THE CITY OF LA QUINTA
PROJECT LIST FOR FISCAL YEAR 2022/23 FOR SENATE BILL 1 - ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING
[RESOLUTION NO. 2022-008]

3. APPROVE FISCAL YEAR 2022/23 THROUGH 2026/27 MEASURE

A HALF CENT SALES TAX FIVE-YEAR CAPITAL IMPROVEMENT
PLAN
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CITY COUNCIL MINUTES Page 5 of 6 APRIL 19, 2022

4. APPROVE DEMAND REGISTERS DATED APRIL 1 AND 8, 2022

5. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR
PROFESSIONAL SERVICES WITH EIDE BAILLY LLP FOR A TWOYEAR TERM EXTENSION AND RELATED COMPENSATION TO

PROVIDE AUDITING SERVICES
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve the Consent Calendar as recommended, with Item No. 2 adopting Resolution No. 2022-008. Motion passed unanimously.

BUSINESS SESSION – None
STUDY SESSION – None
PUBLIC HEARINGS – None
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña said the League of California Cities will be holding City Leaders Summit, May 11-13, 2022, in Sacramento, California, which includes a Legislative Action Day and Mayors and Council Members Executive Forum.

Mayor and Councilmembers said they do not plan on attending this event.

Councilmember Sanchez said there was an increase in visitors in the area due to the Coachella Festivals this past weekend; and he noted there has been an uptake in graffiti, not because of the festivals, just in general, and asked that the Council review the City’s regulations on graffiti and what outreach can be done to minimize such negative impacts on the City’s beautiful aesthetics.

City Attorney Ihrke said graffiti regulations are established in Chapter 11.73 of the La Quinta Municipal Code, and explained the City’s expedited abatement graffiti process included in this Chapter.

Mayor Evans said the Greater Coachella Valley Chamber of Commerce, in partnership with the City, held the 2022 La Quinta Spring Business Update event at the SilverRock Park on April 6, 2022.

Mayor Evans noted the Annual City Picnic and 40th Birthday Celebration is scheduled to be held on Saturday, April 30, 2022, at the Civic Center Campus 23 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 6 of 6 APRIL 19, 2022
between 9 a.m. and 12 noon, and encouraged the public to attend and celebrate the Gem of The Desert.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organizations’ meetings:
 CVAG COACHELLA VALLEY CONSERVATION COMMISSION
 CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE
La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organizations’ meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Peña to adjourn at 4:49 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF

THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, AND (B) REQUESTING RIVERSIDE COUNTY CONSOLIDATE THE NOVEMBER 8, 2022, MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL

ELECTION

RECOMMENDATION
A. Adopt a resolution calling and giving notice of the holding of a General Municipal Election on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California.

B. Adopt a resolution requesting that the Board of Supervisors of Riverside County consolidate a General Municipal Election to be held on November 8, 2022, in the City of La Quinta, with the statewide General Election to be held on that same date.

EXECUTIVE SUMMARY
 On November 8, 2022, La Quinta voters will elect a Mayor for a full term of two years and two Councilmembers for full terms of four years each.  The filing period for candidate nomination papers for these offices will open on July 18 and close on August 12, 2022. The filing period will be extended to August 17 if an incumbent does not file for his/her office by the August 12 deadline.
 The deadline for submitting the two attached election resolutions to the County is July 1, 2022.

FISCAL IMPACT
The Riverside County Registrar of Voters has not yet provided a cost estimate for consolidated election services. The City will be budgeting $80,000 for these services in the fiscal year 2022/23 budget, in City Clerk Professional Services account (101-1005-60320) Variables affecting the final amount include the number of jurisdictions that participate, the final number of registered voters receiving pamphlets, the number of measures added to the pamphlet, providing CONSENT CALENDAR ITEM NO. 3
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vote-by-mail ballots to all registered votes, and increases to postage, paper, gas, vendor, and staff costs.

BACKGROUND/ANALYSIS
The purpose of the first resolution is to comply with State and County laws by officially calling for an election and formally giving notice that an election will occur, the date and times, and the offices and terms to be placed on the ballot.

La Quinta’s municipal elections are governed by City Ordinance No. 327, which sets the Election Day as the first Tuesday after the first Monday in November of even-numbered years. State and County law further require the adopted resolutions to be submitted no later than one-hundred-thirty (130) days prior to Election Day (July 1, 2022).

The purpose of the second resolution is to request that the Board of Supervisors permit consolidation of La Quinta’s municipal election with the statewide election administered by the County, and La Quinta’s agreement to reimburse the County for its share of the costs. The City has consolidated its municipal elections with the County since incorporation in 1982. The services provided by the County Registrar of Voters are ballot design, printing, mailing, polling places/vote centers coordination and staffing, poll worker education, ballot collection, tallying and publication, and voter registration and database maintenance. As with the first resolution, this one must also be submitted no later than one-hundred-thirty (130) days prior to Election Day (July 1, 2022).

ALTERNATIVES
To remain in compliance with City, County and State laws, adoption of these two resolutions is necessary; Council may elect to delay this action until a subsequent Council meeting, but no later than the June 21, 2022 meeting.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
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RESOLUTION NO. 2022 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA CALLING AND

GIVING NOTICE OF THE HOLDING OF A GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022 FOR THE ELECTION OF

CERTAIN OFFICERS
WHEREAS, under the provisions of the laws of the State of California and the City of La Quinta, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. That pursuant to the requirements of the State of California relating to General Law and Charter Cities and La Quinta Ordinance No. 327, there is called and ordered to be held in the City of La Quinta, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing one (1) Mayor for the full term of two years and two (2) Members of the City Council for full terms of four years.

SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That in accordance with Elections Code §14212 and/or any other law or executive order applicable to conducting the election, the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California and/or any other law or executive order applicable to conducting the election.

SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. 27 Click Here to Return to Agenda
Resolution No. 2022 – XXX
Calling Election November 8, 2022
Adopted: May 3, 2022

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SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the permanent record of resolutions.

PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
________________________
MONIKA RADEVA, City Clerk
City of La Quinta
APPROVED AS TO FORM:
__________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta
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RESOLUTION NO. 2022 - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA QUINTA, CALIFORNIA, REQUESTING THAT THE

BOARD OF SUPERVISORS OF THE COUNTY OF

RIVERSIDE, CALIFORNIA CONSOLIDATE A GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL

ELECTION TO BE HELD ON THAT DATE PURSUANT TO
§10403 OF THE CALIFORNIA ELECTIONS CODE
WHEREAS, a General Municipal Election is to be held in the City of La Quinta, California, on Tuesday, November 8, 2022, for the purpose of electing a Mayor, and two Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Riverside canvass the returns of the General Municipal Election and that election be held in all respects as if there were only one election.

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

SECTION 1. That pursuant to the requirements of §10403 of the Election Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of a Mayor for a term of two (2) years, and two Members of the City Council for a term of four (4) years.

SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the county elections department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of La Quinta recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
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Resolution No. 2022 – XXX
Consolidation of Election – November 8, 2022
Adopted: May 3, 2022

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SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Riverside.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the permanent record of resolutions.

PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
________________________
MONIKA RADEVA, City Clerk
City of La Quinta
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta
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City of La Quinta
CITY COUNCIL MEETING: May 3, 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.

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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
 April 5, 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 133 Click Here to Return to Agenda
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021

Page 2 of 4 ends

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

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

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

Page 3 of 4 ends

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

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

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

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

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

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

AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO URBAN HABITAT FOR

CONSTRUCTION OF THE LA QUINTA LANDSCAPE RENOVATION

IMPROVEMENTS PROJECT LOCATED AT THE LA QUINTA TOPAZ DEVELOPMENT,

ON THE SOUTH SIDE OF MILES AVENUE AND WEST SIDE OF DUNE PALMS ROAD (PROJECT NO. 2016-03F)

RECOMMENDATION
Award a contract to Urban Habitat in the amount of $648,851 to construct the La Quinta Landscape Renovation Improvements Project No. 2016-03F, located at the La Quinta Topaz Development, on the South Side of Miles Avenue and West Side of Dune Palms Road; and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY
• This sixth phase of the Measure G funded La Quinta Landscape Renovation project is located at the La Quinta Topaz Development on the south side of Miles Avenue, the entrance on Desert Crest Drive at Dune Palms Road, the entrance on Desert Stream Drive at Dune Palms Road, west side of Dune Palms Drive, and one (1) retention basin south of the Topaz Development. (Attachment 1).
• The project includes approximately 130,000 square feet of parkway and retention basin landscaping; 24,000 square feet of turf, which will be converted to the Desert Oasis plant palette; wall cleaning and painting and drainage improvements to the retention basin south of the Topaz Development
• Urban Habitat of La Quinta, California, submitted the lowest responsible and responsive bid at $648,850.55 (Attachment 2).

FISCAL IMPACT
The 2020/21 Capital Improvement Program (CIP) allocates $9,963,148 to Landscape Renovation projects, $9,043,914 of Measure G Funds, $426,073 of General Funds, $479,661 of Coachella Valley Water District (CVWD) reimbursement, and $13,500 of Arts in Public Places Funds. The following is the project budget:

CONSENT CALENDAR ITEM NO. 5
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Total Budget
(All Phases)
Phase 6 –
Topaz*
Professional: $ 547,258 $ 20,000
Design: $ 699,212 $ 86,692
Inspection/Testing/Survey: $ 677,242 $ 115,000
Construction: $ 6,970,407 $ 648,851
Contingency: $ 1,069,029 $ 119,457
Total Budget: $ 9,963,148 $ 990,000
*Note:
 Following the construction of Phase 6, approximately $4,800,000 is expected to be available for the construction of the next phase of Landscape Renovation Turf Conversion projects (Desert Pride, Sierra Del Rey, Marbella, X-Park, and Cactus Flower), projected for summer/fall, 2022.
 Staff anticipates approximately $48,000 in CVWD turf rebates.

BACKGROUND/ANALYSIS
The 2020/21 CIP prioritizes renovating the parkways in north La Quinta over the next year. These improvements will entail converting turf to the Desert Oasis landscape palette, which uses hardscape textures with minimal planting to create an aesthetically pleasing environment with lower installation, longterm maintenance, and water costs. Wall cleaning/painting complete the renovation effort.

The parkway renovation effort is divided into seven phases. The sixth phase, was divided into three sub phases Desert Pride, Sierra Del Rey & Marbella, and Topaz. The seventh phase, located at the Cactus Flower Development, will be under design at the end of 2022.

On April 6, 2022 staff solicited construction bids from qualified contractors. The City received 3 bids on April 25, 2022. Urban Habitat of La Quinta, California, submitted the lowest responsible and responsive bid at $648,850.55.

Contingent upon award of the project on May 3, 2022, the following is the project schedule:

Council Considers Project Award May 3, 2022
Execute Contract and Mobilize May 4 to May 27, 2022
Construction (60 Working Days) May to August 2022
Accept Improvements September 2022
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ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., City Engineer
Attachments: 1. Project Vicinity Map

2. Bid Comparison Summary
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*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Notes
REPORT PRINTED ON... 4/5/2019 11:12:16 AM
Vicinity Map
Topaz Landscape Renovation
0 1, 3,009
505
Feet
Blueline Streams
City Areas
World Street Map
ATTACHMENT 1ATTACHMENT 1
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Bid Opening Date: 4/25/2022 La Quinta Landscape Renovation Improvement ‐ Topaz City Project No. 2016‐03F Bid Comparison ATTACHMENT 2
Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 $ 45,465.46 $ 45,465.46 $ 21,096.58 $ 21,096.58 $ 20,000.00 $ 20,000.00 $ 35,000.00 $ 35,000.00 2 Traffic Control and Plans LS 1 $ 20,000.00 $ 20,000.00 $ 7,445.85 $ 7,445.85 $ 31,400.00 $ 31,400.00 $ 32,500.00 $ 32,500.00 3 Dust Control LS 1 $ 10,000.00 $ 10,000.00 $ 9,307.32 $ 9,307.32 $ 3,700.00 $ 3,700.00 $ 25,035.00 $ 25,035.00 4 Clearing and Grubbing LS 1 $ 56,150.00 $ 56,150.00 $ 18,552.58 $ 18,552.58 $ 60,400.00 $ 60,400.00 $ 15,915.00 $ 15,915.00 5 Demolition and Disposal LS 1 $ 15,000.00 $ 15,000.00 $ 16,629.07 $ 16,629.07 $ 3,700.00 $ 3,700.00 $ 26,700.00 $ 26,700.00 5a. Dewatering LS 1 $ 10,000.00 $ 10,000.00 $ 3,102.44 $ 3,102.44 $ 9,600.00 $ 9,600.00 $ 35,600.00 $ 35,600.00 6 Trim Overhanging Vegetation Flush with PL Wall LS 1 $ 10,000.00 $ 10,000.00 $ 3,772.57 $ 3,772.57 $ 700.00 $ 700.00 $ 5,000.00 $ 5,000.00 7 Modify, Relocate, and Repair Existing Lighting Electrical System with New Fixtures LS 1 $ 41,100.00 $ 41,100.00 $ 43,779.13 $ 43,779.13 $ 54,000.00 $ 54,000.00 $ 56,000.00 $ 56,000.00 8 Remove and Replace 6' Sidewalk per City Standard 245 SF 427 $ 12.00 $ 5,124.00 $ 31.02 $ 13,245.54 $ 40.00 $ 17,080.00 $ 14.00 $ 5,978.00 9 Wall Cleaning LS 1 $ 5,000.00 $ 5,000.00 $ 6,328.98 $ 6,328.98 $ 2,400.00 $ 2,400.00 $ 4,877.50 $ 4,877.50 9a. Wall Painting (including Patching SF 6,850 $ 1.25 $ 8,562.50 $ 1.37 $ 9,384.50 $ 1.50 $ 10,275.00 $ 1.95 $ 13,357.50 10 Furnish and Install 3/4" Desert Gold Crushed Rock SF 26,051 $ 3.00 $ 78,153.00 $ 0.87 $ 22,664.37 $ 1.00 $ 26,051.00 $ 1.75 $ 45,589.25 11 Furnish and Install 3/8" Minus Golden Fawn Decomposed Granite
SF 20,302 $ 3.75 $ 76,132.50 $ 1.66 $ 33,701.32 $ 1.25 $ 25,377.50 $ 1.15 $ 23,347.30 12 Furnish and Install 3/8" Minus Southwest Brown DecomposedGranite SF 13,804 $ 3.75 $ 51,765.00 $ 1.80 $ 24,847.20 $ 1.50 $ 20,706.00 $ 1.75 $ 24,157.00 13 Furnish and Install 6"‐8" Baja Cresta Rubble SF 15,176 $ 10.00 $ 151,760.00 $ 4.10 $ 62,221.60 $ 3.25 $ 49,322.00 $ 3.50 $ 53,116.00 14 Soil Prep and Fine Grading SF 129,833 $ 0.75 $ 97,374.75 $ 0.11 $ 14,281.63 $ 0.10 $ 12,983.30 $ 0.75 $ 97,374.75 15 Furnish and Install 5 Gal Shrub EA 515 $ 35.00 $ 18,025.00 $ 30.16 $ 15,532.40 $ 31.00 $ 15,965.00 $ 43.75 $ 22,531.25 16 Furnish and Install 15 Gal Shrub EA 20 $ 125.00 $ 2,500.00 $ 91.83 $ 1,836.60 $ 135.00 $ 2,700.00 $ 381.85 $ 7,637.00 17 Furnish and Install 24" Box Tree EA 73 $ 475.00 $ 34,675.00 $ 403.32 $ 29,442.36 $ 400.00 $ 29,200.00 $ 400.75 $ 29,254.75 18 Furnish and Install Barrel Cactus Plantings EA 49 $ 125.00 $ 6,125.00 $ 81.30 $ 3,983.70 $ 80.00 $ 3,920.00 $ 77.65 $ 3,804.85 19 Furnisha and Install Ocotillo Plantings EA 25 $ 250.00 $ 6,250.00 $ 148.92 $ 3,723.00 $ 135.00 $ 3,375.00 $ 140.00 $ 3,500.00 20 Furnish and Install PermaLoc Header ‐ Asphalt Edge LF 4,680 $ 5.00 $ 23,400.00 $ 8.38 $ 39,218.40 $ 14.00 $ 65,520.00 $ 10.25 $ 47,970.00 21 Furnish and Install Boulders Per Plan ‐ "Baja Cresta", 2' EA 38 $ 200.00 $ 7,600.00 $ 136.51 $ 5,187.38 $ 100.00 $ 3,800.00 $ 265.00 $ 10,070.00 22 Furnish and Install Boulders Per Plan ‐ "Baja Cresta", 3' EA 63 $ 350.00 $ 22,050.00 $ 192.35 $ 12,118.05 $ 125.00 $ 7,875.00 $ 356.25 $ 22,443.75 23 Furnish and Install Boulders Per Plan ‐ "Baja Cresta", 4' EA 6 $ 450.00 $ 2,700.00 $ 440.55 $ 2,643.30 $ 150.00 $ 900.00 $ 795.00 $ 4,770.00 24 Furnish and Install Mortared Cobble SF 1,977 $ 25.00 $ 49,425.00 $ 12.41 $ 24,534.57 $ 12.00 $ 23,724.00 $ 16.00 $ 31,632.00 25 Overseed Turf SF 11,700 $ 0.25 $ 2,925.00 $ 0.37 $ 4,329.00 $ 0.25 $ 2,925.00 $ 0.55 $ 6,435.00 26 Furnish and Install Irrigation per Plan LS 1 $ 176,000.00 $ 176,000.00 $ 153,880.97 $ 153,880.97 $ 189,200.00 $ 189,200.00 $ 192,011.25 $ 192,011.25 27 Kestone Concrete Retaining Wall (3 Course) LF 163 $ 35.00 $ 5,705.00 $ 31.84 $ 5,189.92 $ 55.00 $ 8,965.00 $ 45.00 $ 7,335.00 27a. Kestone Concrete Retaining Wall (4 Course) LF 163 $ 40.00 $ 6,520.00 $ 38.34 $ 6,249.42 $ 65.00 $ 10,595.00 $ 45.00 $ 7,335.00 28 90‐Day Maintenance LS 1 $ 3,000.00 $ 3,000.00 $ 14,891.71 $ 14,891.71 $ 4,500.00 $ 4,500.00 $ 12,000.00 $ 12,000.00 $ 1,048,487.21 $ 633,121.46 $ 720,858.80 $ 908,277.15
BID ALTERNATIVE NO. 1‐ BASIN DRAINAGE IMPROVEMENTS
Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost A1‐1 Mobilization LS 1 $ 5,000.00 $ 5,000.00 $ 2,606.05 $ 2,606.05 $ 1,200.00 $ 1,200.00 $ 1.00 $ 1.00 A1‐2 Dewatering LS 1 $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00 $ 1,800.00 $ 1,800.00 $ 1.00 $ 1.00 A1‐3 Dust Control LS 1 $ 1,500.00 $ 1,500.00 $ 558.44 $ 558.44 $ 1,900.00 $ 1,900.00 $ 1.00 $ 1.00 A1‐4 Deep Well System EA 5 $ 1,200.00 $ 6,000.00 $ 1,185.13 $ 5,925.65 $ 1,700.00 $ 8,500.00 $ 2,100.00 $ 10,500.00 A1‐5 Horizontal Pipe and Trench System LF 205 $ 80.00 $ 16,400.00 $ 20.19 $ 4,138.95 $ 30.00 $ 6,150.00 $ 204.00 $ 41,820.00 $ 33,900.00 $ 15,729.09 $ 19,550.00 $ 52,323.00
$ 1,082,387.21 $ 648,850.55 $ 740,408.80 $ 960,600.15
$ 1,048,487.21 $ 633,121.46 $ 720,858.80 $ 908,277.15
Sub‐Total Additive Alternative No.1 Bid:

Grand Total Base Bid Including Alternate No. 1 :

Base Bid Only
Sub‐Total Base Bid:

Engineer's Estimate ‐ Base Bid Urban Habitat Conserve LandCare Universal Construction & Engineering ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: APPROVE THE SELECT SOURCE PURCHASE OF FOUR

ADVANCED TRAFFIC CONTROL CABINETS FROM ECONOLITE

RECOMMENDATION
Approve the select source purchase of four Advanced Traffic Control Cabinets from Econolite; and authorize the City Manager to execute the purchase order.

EXECUTIVE SUMMARY
• Advanced Traffic Control (ATC) Cabinets are needed to replace four end of life traffic cabinets.
• Two of the four intersection locations are shared with the City of Indio, and the cost will be shared based on percentage of ownership. • Traffic signal cabinets are a highly specialized and complex equipment package. Staff requests to use Econolite for consistency, inventory control and troubleshooting knowledge.

FISCAL IMPACT
The cost of four Econolite ATC Cabinets is $96,515.73 (Attachment 1). There will be a cost share with the City of Indio for two of the intersections based on percentage of ownership per an existing traffic signal maintenance agreement.

There is sufficient funding in the traffic signal maintenance budget (2122TMI) for the City’s share of this purchase.

The cost share for each of the cabinets is as follows:

Intersection La Quinta
Share %
La Quinta
Cost Share
Indio Share
%
Indio Cost
Share
Washington/Tampico 100% $24,128.94 0 0
Washington/Ave 52 100% $24,128.93 0 0
Jefferson/Ave 48 25% $6,032.23 75% $18,096.70
Jefferson/Ave 50 75% $18,096.70 25% $6,032.23
TOTAL COST $72,386.80 $24,128.93
CONSENT CALENDAR ITEM NO. 6
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BACKGROUND/ANALYSIS
There are four traffic control cabinets at end of life and experiencing age related problems with equipment compatibility. The cabinet locations are:
 Washington Street & Calle Tampico
 Washington Street & Avenue 52
 Jefferson Street & Avenue 48
 Jefferson Street & Avenue 50
Two of the four intersections are shared with the City of Indio. Jefferson Street & Avenue 48 is a shared intersection, with 25% La Quinta and 75% Indio ownership. Jefferson Street & Avenue 50 is a shared intersection, with 75% La Quinta and 25% Indio ownership. There is an existing traffic signal maintenance agreement between the cities, and each city will contribute based upon their share of ownership.

The traffic signal industry is moving in the direction of ATC cabinets. CVAG has approved the use of ATC cabinets for the Coachella Valley Signal Synchronization Project (CV Sync) for replacing older cabinets. There are alternative manufacturers for this cabinet, however they are out of state. Due to shipping and the lack of local technical support, staff recommends using Econolite cabinets (Attachment 2).

Pending City Council approval, the cabinets will be purchased in May, then delivered and installed in July.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Econolite Quote

2. Select Source Form
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Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

Page 1 ends

2/24/2022
To:

Item # Part Qty Description Tariff Price per Extended
1 ATCC1148 4 340,DESERT TAN, ATCC-S,HV,16/24, LA QUINTA Includes the Following:
1 MODEL 340 PAINTED CABINET ASSY, BASE

MOUNTED, DESERT TAN INSIDE/OUTSIDE
4 CORBIN DOOR LOCKS
1 DUAL FAN PANEL ASSEMBLY - LEFT
1 DUAL FAN PANEL ASSEMBLY - RIGHT
2 12 POSITION OUTLET STRIPS, RACK MOUNTED
2 HEAVY DUTY DOCUMENT DRAWERS
12 LED LIGHT ASSEMBLIES - CALIFA P3100-C-S
1 POLICE/AUXILARY SWITCH ASSEMBLY
1 COILED POLICE HAND CORD FOR MANUAL

OPERATION
1 SERVICE ASSEMBLY (1-HDFU)
1 16 CHANNEL OUTPUT ASSEMBLY
1 16 CHANNEL FIELD OUTPUT ASSEMBLY
1 24 CHANNEL INPUT ASSEMBLY
1 24 CHANNEL FIELD INPUT ASSEMBLY
1 POWER DISTRIBUTION ASSEMBLY(DC/AC

POWER BUS)
2 ROLL OUT SHELVES
16 RED FLASH PROGRAM BLOCKS
4 YELLOW FLASH PROGRAM BLOCKS
4 WHITE FLASH PROGRAM BLOCKS
8 HDSP SUPPRESSORS
12 INPUT SUPPRESSORS
1 CABINET SUPPRESSOR-FILTER
1 EDI CMUip-2212-HV ATC CABINET MONITOR
UNIT
1 EDI MODEL ADU-2220 ATC AUXILIARY DISPLAY
UNIT, (ADU) 120VAC
8 STRUTHERS-DUNN MODEL 21XBXHL FLASH

TRANSFER RELAYS
9 EDI ATC MODEL 2202 HIGH DENSITY SWITCH

PACK/FLASHER UNIT (HDSP/FU)
2 EDI SIU-218 ATC SERIAL INTERFACE UNIT (SIU),

SINGLE WIDE
1 MONITORKEY-USB MONITOR KEY

PROGRAMMING TOOL

NO DETECTORS

NO CONTROLLER

NO OTHER EQUIPMENT NOT LISTED
$71.24 $20,602.00 $82,408.00
Kris Gunterson
La Quinta, CA; City of
78-495 Calle Tampico
La Quinta, CA 92253
USA
Quote Name: ATC Cabinet
Project Reference:

Econolite Reference: Q-07653-V6L6
ATTACHMENT 1
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Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

Page 2 ends

2 ATCC1148
-SPARES
1 ATCC1148-SPARE PLUGIN KIT
Includes the Following:
2 EDI CMUip-2212-HV ATC CABINET MONITOR
UNIT
9 EDI ATC MODEL 2202 HIGH DENSITY SWITCH

PACK/FLASHER UNIT (HDSP/FU)
1 EDI MODEL PS-2216-24 POWER SUPPLY,
120VAC
2 STRUTHERS-DUNN MODEL 21XBXHL FLASH

TRANSFER RELAYS
2 EDI SIU-218 ATC SERIAL INTERFACE UNIT (SIU),

SINGLE WIDE
1 2CH DC ISOLATOR
4 MODEL MOV MPA-303-9 OUTPUT SURGE
MODULE
2 MODEL MRA-6LC-6, INPUT SURGE MODULE
$33.78 $6,049.00 $6,049.00
Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements.

Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law.

Quote Valid For Days: 60
FOB: Econolite Factory
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Corey Kelly
Corey Kelly, Account Manager
Mobile: +1 7142734912
[email protected]
Shipping Date: To be determined at time of receipt of order SubTotal $88,457.00
Shipping & Handling*
Taxes** $7,739.99
Tariffs** $318.74
TOTAL $96,515.73
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SELECT/SOLE SOURCE JUSTIFICATION
Complete responses must be provided for all of the following items.

A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW:

1. Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid.

Examples of Single/Sole Source procurements include, but are not limited to:
ͻ Compatibility: The commodity or service matches existing brand of equipment for compatibility.
ͻ Replacement Part: The item is a replacement part for a specific brand of existing equipment.
ͻ Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids.

2. What market research was conducted to substantiate no competition, including evaluation of other items considered?
Provide a narrative of your efforts to identify other similar goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable.

The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.

B. PRICE ANALYSIS:

3. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison. For example, if the item/service has been purchased in the past, compare historical pricing.

WƌĞƉĂƌĞĚǇ Approved By
Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or designee with signing authority for these purchases.
6 ?$'0,1,675$7,21?)RUPV 7HPSODWHV*HQHUDO&LW\ZLGH?)LQDQFH Select/Sole Source purchases may be made in a non-competitive manner only when in the best interest of the City and when the price is considered reasonable. Attach this form and other supporting documents if available, to the purchase Requisition. 9HQGRU

ĂƚĞ
Econolite Control Products,
Inc.

Compatibility: Traffic signal cabinet is a highly specialized and complex equipment package. The City of La Quinta is specific on using this manufacturer for consistency, inventory control and trouble shooting knowledge.

The traffic signal industry is moving in the direction of "ATC Cabinets" (advanced traffic control cabinet). CVAG has approved the use of ATC cabinet for the CV Sync project for replacing older cabinets. There are alternative manufacturers for this cabinet, however they are out of state. Due to shipping and the lack of local technical support, the recommendation to use Econolite is suggested.

Price is comparable to other manufacturers. Added shipping and lack of technical support provides a competitive price for this purchase from Econolite.

Digitally signed by Kristopher Gunterson
DN: cn=Kristopher Gunterson, o=City of La
Quinta, ou=Public Works - Traffic Operations,
[email protected], c=US
Date: 2022.04.12 08:36:39 -07'00'
ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT

AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 29283, RANCHO LA QUINTA, A RESIDENTIAL DEVELOPMENT LOCATED NORTH OF AVENUE 50 AND EAST OF MOON RIVER DRIVE

RECOMMENDATION
Approve Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement for Tract Map No. 29283, Rancho La Quinta, and authorize the City Manager to execute said agreement

EXECUTIVE SUMMARY
• Tract Map No. 29283 is a residential development located north of Avenue 50 and east of Moon River Drive (Attachment 1).
• T.D. Desert Development Limited Partnership has sold its interest in this tract to Master Association for Rancho La Quinta (Assignee) and desires to assign the subdivision improvement obligation for 50% of the traffic signal at Avenue 50 and Orchard Lane to the Assignee.
• Assignee requests approval of Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement (Agreement) for Tract Map No. 29283, Rancho La Quinta.

FISCAL IMPACT
There is no fiscal impact to the City. Assignee will be submitting a replacement security for 50% of the traffic signal at Avenue 50 and Orchard Lane.

BACKGROUND/ANALYSIS
In September 2000, T.D. Desert Development Limited Partnership entered into a Subdivision Improvement Agreement for Tract Map No. 29283. All improvements conditioned for this tract have been constructed except for the traffic signal at Avenue 50 and Orchard Lane. T.D. Desert Development Limited Partnership has sold its interest in this tract to Assignee. The City will release T.D. Desert Development Limited Partnership’s security for the traffic signal upon executing the Agreement (Attachment 2) and receipt of the replacement security from Assignee.

CONSENT CALENDAR ITEM NO. 7
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ALTERNATIVES
Staff does not recommend an alternative.

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

2. Assignment and Assumption Agreement and Amendment
to Subdivision Improvement Agreement
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V I C I N I T Y M A P

NOT TO SCALE
TRACT MAP NO. 29283

ORCHARD LN
ATTACHMENT 1
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LEGAL02/41174239v1

ASSIGNMENT AND ASSUMPTION AGREEMENT
AND

AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 29283
This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“Assignment & Amendment”) is made and entered into as of the _____ day of ________________ , 20___, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California (“City”), T.D.

Desert Development Limited Partnership, a Delaware limited partnership (“Assignor”), and Master Association for Rancho La Quinta, a California nonprofit mutual benefit corporation (“Assignee”).

RECITALS
A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated September 12, 2000 (“SIA”), pursuant to which Assignor, as the “Subdivider” defined in the SIA, agreed to construct or secure certain traffic signal improvements at Avenue 50 and Orchard Lane for Tract No. 29283 (“Tract”), as more fully described in Exhibit “A” of the SIA (“Improvements”).

B. Assignor has sold its interest in the Tract to Assignee. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor’s rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor’s position with respect to the SIA and all of Assignor’s rights and obligations under the SIA subject to the terms of this Assignment & Amendment.

C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor’s rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. By execution hereof, the City hereby (i) consents to the foregoing assignment and assumption, (ii) releases Assignor of all obligations and liability under the SIA, and (iii) agrees to look solely to Assignee for the performance of the obligations of “Subdivider” under the SIA.

ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2022

RECOMMENDATION
Receive and file revenue and expenditure report dated February 28, 2022.

EXECUTIVE SUMMARY
 The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for February 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 2021/22.

Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year, including carryovers from the prior fiscal year.

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. 8
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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 February 28, 2022

MTD YTD
YTD Percent
of Budget YTD
YTD Percent
of Budget
General Fund (GF) $9,087,227 $36,448,459 55.74% 28,933,266 $ 52.57% All Funds $10,383,771 $60,918,525 40.86% 60,254,629 $ 35.41%

MTD YTD
YTD Percent
of Budget YTD
YTD Percent
of Budget
General Fund $2,312,020 $20,815,940 29.47% 19,513,481 $ 29.71% Payroll (GF) $655,167 $6,992,643 60.97% 6,153,139 $ 59.10% All Funds $3,519,399 $49,261,895 30.67% 64,956,285 $ 34.97% February 2022 Expenditures Comparison to LY
February 2022 Revenues Comparison to LY
General Fund Non-General Fund
Property Tax in lieu of Vehicle License Fees 2,307,838 $ SilverRock Greens Fees $ 584,953 Transient Occupancy (Hotel) Tax $ 1,999,799 Gas Tax $ 136,085 Measure G Sales Tax $ 1,817,956 Allocated Interest $ 100,460 Sales Tax $ 1,531,305 Housing Authority Rent Revenues $ 86,163 Franchise Tax- Burrtec $ 272,195 Small Business Economic Relief Loan Repayments 80,625 $ General Fund Non-General Fund
Sheriff Contract (October-November) 1,142,667 $ Capital Improvement Program - Construction(1) $ 292,604 Marketing and Tourism Promotions 56,438 $ SilverRock Maintenance 143,718 $ TOT Resort Rebate Program 50,000 $ Lighting & Landscape Maintenance 65,331 $ Parks Landscape Maintenance $ 48,536 Housing Authority Rental Expenses $ 55,204 Machinery & Equipment $ 41,989 Information Technology Management Services 27,500 $ Top Five Revenue/Income Sources for February
Top Five Expenditures/Outlays for February
(1)CIP Construction: X-Park, SRR retention basin
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For Fiscal: 2021/22 Period Ending: 02/28/2022

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Revenue Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 58,804,210 65,392,532 9,087,227 36,448,459 -28,944,073 55.74% 201 - GAS TAX FUND 1,965,880 1,965,880 136,085 1,004,593 -961,287 51.10% 202 - LIBRARY & MUSEUM FUND 2,850,700 2,851,900 89 -2,113 -2,854,013 0.07% 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 8,333 102,832 1,832 101.81% 215 - LIGHTING & LANDSCAPING FUND 2,274,700 2,274,700 0 511,159 -1,763,541 22.47% 221 - AB 939 - CALRECYCLE FUND 70,000 70,000 13,836 31,118 -38,882 44.45% 223 - MEASURE A FUND 1,567,000 1,567,000 6,056 780,532 -786,468 49.81% 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 1,336 12,323 -6,877 64.18% 231 - SUCCESSOR AGCY PA 1 RORF 0 0 0 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 1,241,400 107,286 1,236,499 -4,901 99.61% 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 80,625 79,401 49,401 264.67% 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 76,171 1,640,171 1,212,171 383.22% 251 - PARKS & REC DIF FUND 351,000 351,000 40,014 425,588 74,588 121.25% 252 - CIVIC CENTER DIF FUND 152,000 152,000 23,370 314,927 162,927 207.19% 253 - LIBRARY DEVELOPMENT DIF 50,000 50,000 7,543 80,167 30,167 160.33% 254 - COMMUNITY & CULTURAL CENTERS DIF 72,000 72,000 18,164 191,339 119,339 265.75% 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 7,011 104,688 38,688 158.62% 270 - ART IN PUBLIC PLACES FUND 130,000 130,000 2,751 113,995 -16,005 87.69% 275 - LQ PUBLIC SAFETY OFFICER 2,600 2,600 0 -20 -2,620 0.76% 299 - INTEREST ALLOCATION FUND 0 0 100,460 885,615 885,615 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 94,884 4,750,311 -57,641,207 7.61% 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 2,070 892,915 -893,785 49.98% 503 - PARK EQUIP & FACILITY FUND 400,000 400,000 72,076 245,602 -154,398 61.40% 504 - INSURANCE FUND 1,010,800 1,010,800 0 504,857 -505,943 49.95% 601 - SILVERROCK RESORT 4,157,693 4,187,693 654,963 2,916,582 -1,271,111 69.65% 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 -156,580 -290,433 -990,433 41.49% Report Total: 89,594,439 149,080,673 10,383,771 60,918,525 -88,162,148 40.86% ATTACHMENT 1
Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report is the best resource for all final audited numbers.
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For Fiscal: 2021/22 Period Ending: 02/28/2022

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Expenditure Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 55,162,726 70,624,237 2,312,020 20,815,940 49,808,298 29.47% 201 - GAS TAX FUND 2,007,500 2,984,683 34,467 976,672 2,008,011 32.72% 202 - LIBRARY & MUSEUM FUND 4,306,510 4,732,500 39,384 396,923 4,335,577 8.39% 203 - PUBLIC SAFETY FUND (MEASURE G) 0 286,397 0 171,452 114,946 59.86% 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 2,257,400 130,911 1,242,954 1,014,446 55.06% 220 - QUIMBY FUND 0 1,180,635 0 330,300 850,335 27.98%
221 - AB 939 - CALRECYCLE FUND 150,000 150,000 0 16,221 133,779 10.81% 223 - MEASURE A FUND 1,220,500 2,614,501 1,503 322,361 2,292,140 12.33% 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 42,500 702 13,971 28,529 32.87% 237 - SUCCESSOR AGCY PA 1 ADMIN 0 0 0 3,500 -3,500 0.00% 241 - HOUSING AUTHORITY 1,542,200 1,542,200 80,035 714,320 827,880 46.32% 243 - RDA LOW-MOD HOUSING FUND 250,000 250,000 0 700 249,300 0.28% 244 - HOUSING GRANTS (Multiple) 0 160,000 0 13,667 146,333 8.54% 247 - ECONOMIC DEVELOPMENT FUND 21,500 21,500 263 16,763 4,737 77.97% 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 127,000 742,700 300 75,289 667,411 10.14% 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,100 1,100 0 0 1,100 0.00% 401 - CAPITAL IMPROVEMENT PROGRAMS 9,894,806 60,540,692 320,061 4,101,577 56,439,115 6.77% 405 - SA PA 1 CAPITAL IMPRV FUND 0 1,128,751 0 997,179 131,572 88.34% 501 - FACILITY & FLEET REPLACEMENT 1,222,750 1,319,714 38,434 423,753 895,960 32.11% 502 - INFORMATION TECHNOLOGY 1,786,700 2,256,627 58,121 890,221 1,366,406 39.45% 503 - PARK EQUIP & FACILITY FUND 255,000 255,000 71,956 115,219 139,781 45.18% 504 - INSURANCE FUND 936,800 936,800 13,989 864,879 71,921 92.32% 601 - SILVERROCK RESORT 4,161,262 4,191,262 412,282 2,756,535 1,434,727 65.77% 602 - SILVERROCK GOLF RESERVE 0 30,000 0 0 30,000 0.00% 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 4,969 40,311 11,689 77.52% Report Total: 86,463,054 160,600,875 3,519,399 49,261,895 111,338,980 30.67% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report 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: May 3, 2022

STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED APRIL 15, AND 22, 2022

RECOMMENDATION
Approve demand registers dated April 15, and 22, 2022.

EXECUTIVE SUMMARY – None

FISCAL IMPACT
Demand of Cash:

City $ 4,099,715.31
Successor Agency of RDA $ -
Housing Authority $ 12,748.85
$ 4,112,464.16

BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for April 15, and 22, 2022.

Warrants Issued:
207534-207584 $ 340,634.18
207585-207640 $ 185,735.72
Wire Transfers $ 3,336,871.89
Payroll Tax Transfers $ 44,073.31
Payroll Direct Deposit $ 205,149.06
$ 4,112,464.16
CONSENT CALENDAR ITEM NO. 9
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The most significant expenditures on the demand registers are:

Vendor Account Name Amount Purpose
National Auto Fleet Group(1) Vehicles $ 262,021.86 Purchase Five Fleet Upfitted Vehicles.

NAI Consulting, Inc. Professional Services
& Consultants
$ 26,950.00 03/2022 Construction &
Engineering Services
Bank of The West Various $ 19,814.98 Bank Card Payment For Operational Purchases
Made By Several
Departments
PWLC II, Inc. Maintenance/Services $ 17,420.00 Landscape Maintenance Services
Vintage Associates Various $ 17,342.13 Purchase of 18 Trees For Avenue 54 Median & Bear
Creek Trail Landscape
Services
(1) Payments were made on 04/15/22 & 04/22/22.

Wire Transfers: Twenty transfers totaled $3,336,872. Of this amount, $3 million was to The Bank of New York Mellon for investment purchases, and $249,017 was to Landmark. (See Attachment 2 for a complete listing).

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

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

2. Wire Transfers
Transaction Issuer Type Par Value
Settle
Date
Coupon
Rate
Purchase Federal Home Loan Bank Agency $ 500,000 4/14/22 2.500% Purchase Comenity Capital Bank CD $ 248,000 4/14/22 2.650% Purchase Federal Home Loan Bank Agency $ 1,000,000 4/19/22 2.700% Purchase Ally Bank CD $ 245,000 4/21/22 2.550%
Purchase Leader Bank CD $ 245,000 4/22/22 2.550%
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4/25/2022 4:48:35 PM Page 1 of 5
Demand Register
City of La Quinta Packet: APPKT03108 - 04/15/2022 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
CENTRAL COMMUNICATIONS 207541 04/2022 - STVR HOTLINE Professional Services 101-6004-60103 545.75 WILLDAN 207582 12/2021 - ON CALL MAP CHECKING SVCS Map/Plan Checking 101-7002-60183 4,816.50 THE CONE ZONE 207574 04/30/20 - SNOW CONES FOR CITY PICNIC… Community Experiences 101-3003-60149 1,624.45 PALMS TO PINES PRINTING 207566 03/28/22 - ART GLASS CRYSTAL AWARD Marketing & Tourism Promoti… 101-3007-60461 621.55 PALMS TO PINES PRINTING 207566 03/29/22 - RING FLYER FRISBEE (500) Marketing & Tourism Promoti… 101-3007-60461 742.34 PALMS TO PINES PRINTING 207566 03/28/22 - POP UP TOYS (500) Marketing & Tourism Promoti… 101-3007-60461 1,603.98 AMERICAN COUNCIL OF ENGI… 207535 04/12/22 - ACEC CEQA GUIDE BOOKS Subscriptions & Publications 101-6001-60352 99.60 AMERICAN COUNCIL OF ENGI… 207535 04/12/22 - ACEC CEQA GUIDE BOOKS Subscriptions & Publications 101-6002-60352 298.79 CHARTER COMMUNICATIONS … 207542 03/24-04/23/22 - FS #93 CABLE (2415) Cable/Internet - Utilities 101-2002-61400 114.28 CHARTER COMMUNICATIONS … 207542 04/03-05/02/22 - FS #93 INTERNET (3514) Cable/Internet - Utilities 101-2002-61400 99.99 CHARTER COMMUNICATIONS … 207542 03/29-04/28/22 - FS #32 INTERNET (6491) Cable/Internet - Utilities 101-2002-61400 99.99 FROSTY'S AIR CONDITIONING … 207552 03/31/22 - SRR EVENT BLDG A/C MAINT S… HVAC 101-3008-60667 935.00 CALIFORNIA BUILDING OFFICI… 207540 2022-2023 CALBO MEMBERSHIP A.ORTEGA Membership Dues 101-6003-60351 215.00 JERNIGAN'S, INC 207556 10/14/21 - SAFETY BOOTS A.CABRERA Safety Gear 101-7006-60427 179.43 VIELHARBER, KAREN 207580 2/23/22 - GENTLE YOGA CLASS Instructors 101-3002-60107 196.00 CORTEZ, ELISABETH 207544 02/23/22 - YOGA INDOORS CLASS Instructors 101-3002-60107 56.00 CORTEZ, ELISABETH 207544 02/23/22 - YOGA DI CLASSES Instructors 101-3002-60107 109.20 VIELHARBER, KAREN 207580 02/23/22 - GENTLE YOGA CLASSES Instructors 101-3002-60107 45.50 VIELHARBER, KAREN 207580 02/23/22 - GENTLE YOGA CLASS Instructors 101-3002-60107 27.30 CACEO 207539 04/19/22 - WEBINAR K.MEREDITH Travel & Training 101-6004-60320 40.00 CACEO 207539 04/19/22 - WEBINAR M.SALAS Travel & Training 101-6004-60320 40.00 CACEO 207539 04/19/22 - WEBINAR G.DUCHENE Travel & Training 101-6004-60320 40.00 CACEO 207539 04/19/22 - WEBINAR A.MORENO Travel & Training 101-6004-60320 40.00 CACEO 207539 04/19/22 - WEBINAR C.GAMEZ Travel & Training 101-6004-60320 40.00 NAI CONSULTING INC 207561 03/2022 - CAPITAL IMPROVEMENT PLAN Consultants 101-7006-60104 2,985.00 PREMIER MEDIA GROUP 207569 04/2022 - PRINT ADS Marketing & Tourism Promoti… 101-3007-60461 1,500.00 ANSAFONE CONTACT CENTERS 207537 03/14-04/10/22 - PM 10 ANSWERING SER… PM 10 - Dust Control 101-7006-60146 126.76 VINTAGE ASSOCIATES 207581 04/07/22 - IRRIGATION CONTROLLER INS… Materials/Supplies 101-3005-60431 250.00 XPRESS GRAPHICS 207584 04/01/22 - PAPER FANS FOR SPRING BUSI… Printing 101-3007-60410 382.66 OFFICE DEPOT 207564 04/01/22 - OFFICE SUPPLIES Office Supplies 101-6004-60400 59.15 OFFICE DEPOT 207564 04/01/22 - PENCILS Office Supplies 101-6004-60400 1.61 LH PRODUCTIONS 207560 2022 STATE OF THE CITY EVENT AV SERVI… Community Special Events 101-1001-60137 3,418.38 CACEO 207539 04/05/22 - MEMBERSHIP DUES C.GAMEZ Membership Dues 101-6004-60351 95.00 CACEO 207539 04/05/22 - MEMBERSHIP DUES B.RODRIG… Membership Dues 101-6004-60351 95.00 GREEN, LAURA R. 207554 04/07/22 - PHOTOGRAPHY SERVICES Marketing & Tourism Promoti… 101-3007-60461 250.00 BIO-TOX LABORATORIES 207538 02/28/22 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 145.00 BIO-TOX LABORATORIES 207538 03/17/22 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 830.00 WOOD, RUSSELL DAVID 207583 02/23/22 - POLICE TOW LA220230068 Sheriff - Other 101-2001-60176 271.00 AMERICAN FORENSIC NURSES … 207536 03/22/22 - BLOOD/ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 244.88 ESGIL CORPORATION 207548 02/2022 - ONCALL PLAN REVIEW Plan Checks 101-6003-60118 3,360.00 FEDEX 207549 03/14/22 - OVERNIGHT MAIL Postage 101-1007-60470 15.88 INTERWEST CONSULTING GR… 207555 02/2022 - INSPECTION SERVICES Plan Checks 101-6003-60118 13,475.17 JNS MEDIA SPECIALISTS 207557 03/2022 INVOICES & 04/2022 RETAINER Marketing & Tourism Promoti… 101-3007-60461 8,955.67 DESERT PUBLICATIONS INC 207546 04/2022 - THE GUIDE PRINT ADS Marketing & Tourism Promoti… 101-3007-60461 2,450.00 ALARM MONITORING SERVICE… 207534 4/1-6/30/22 - ALARM MONITORING SVCS Security & Alarm 101-3008-60123 660.00 ALARM MONITORING SERVICE… 207534 04/01-06/30/22 - FIRE ALARM MONITORI… Fire Station 101-2002-60670 510.00 ALARM MONITORING SERVICE… 207534 04/01-06/30/22 - FIRE ALARM MONITORI… Security & Alarm 101-3008-60123 510.00 ALARM MONITORING SERVICE… 207534 04/04/22 - SRR EVENT SITE ALARM SYSTE… Security & Alarm 101-3008-60123 975.00 VERIZON WIRELESS 207579 02/26-03/25/22 - LQPD CELL (6852) Telephone - Utilities 101-2001-61300 875.90 SILVERROCK RESORT 207572 1/1-03/31/22 - 1ST QRT SALES AND USE T… Sales Taxes Payable 101-0000-20304 227.00 FRONTIER COMMUNICATIONS… 207551 03/26-04/25/22 - POLICE INTERNET Cable/Internet - Utilities 101-2002-61400 571.63 FRONTIER COMMUNICATIONS… 207551 04/2022 - LQ PARK PHONE Telephone - Utilities 101-3005-61300 47.34 FRONTIER COMMUNICATIONS… 207551 03/28-04/27/22 - SPORTS COMPLEX PHO… Telephone - Utilities 101-3005-61300 38.20 ATTACHMENT 1
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Demand Register Packet: APPKT03108 - 04/15/2022 JB
4/25/2022 4:48:35 PM Page 2 of 5
Vendor Name Payment Number Description (Item) Account Name Account Number Amount PACIFIC WEST AIR CONDITION… 207565 03/21/22 - CH HVAC PREVENTATIVE MAIN… HVAC 101-3008-60667 1,521.00 PACIFIC WEST AIR CONDITION… 207565 04/01/22 - CH WATER TREATMENT HVAC 101-3008-60667 125.00 KOMPAN INC 207559 4/5/22-ADAMS PARK SHADE FABRIC REPL… Sales Taxes Payable 101-0000-20304 -145.38 STANDARD INSURANCE COMP… 207573 03/2022 - VISION INSURANCE Vision Insurance Pay 101-0000-20945 1,539.28 EISENHOWER MEDICAL CENTER 207547 02/23/22 - SEXUAL ASSAULT EXAM LA220… Sexual Assault Exam Fees 101-2001-60193 800.00 EISENHOWER MEDICAL CENTER 207547 01/24/22 - SEXUAL ASSAULT EXAM LA220… Sexual Assault Exam Fees 101-2001-60193 800.00 OCEAN SPRINGS TECH INC 207563 04/2022 - FB POOL CAT 5000 COMPUTER… Fritz Burns Pool Maintenance 101-3005-60184 240.00 OCEAN SPRINGS TECH INC 207563 03/29/22 - FB POOL CIRCULATION PUMP … Fritz Burns Pool Maintenance 101-3005-60184 226.61 COUNTY OF RIVERSIDE PUBLIC… 207545 10/2021 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 328.38 COUNTY OF RIVERSIDE PUBLIC… 207545 11/2021 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 328.38 COUNTY OF RIVERSIDE PUBLIC… 207545 01/2022 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 328.38 Fund 101 - GENERAL FUND Total: 62,048.53
Fund: 201 - GAS TAX FUND
UNDERGROUND SERVICE ALERT 207578 04/2022 - DIG ALERT FEES Materials/Supplies 201-7003-60431 67.75 Fund 201 - GAS TAX FUND Total: 67.75
Fund: 202 - LIBRARY & MUSEUM FUND
THE LOCK SHOP, INC 207576 4/6/22 - LIBRARY FRONT DOOR REPAIRS Maintenance/Services 202-3004-60691 120.00 ALARM MONITORING SERVICE… 207534 4/1-6/30/22 - ALARM MONITORING SVCS Security & Alarm 202-3004-60123 165.00 ALARM MONITORING SERVICE… 207534 4/1-6/30/22 - ALARM MONITORING SVCS Security & Alarm 202-3006-60123 165.00 ALARM MONITORING SERVICE… 207534 04/01-06/30/22 - FIRE ALARM MONITORI… Security & Alarm 202-3004-60123 255.00 ALARM MONITORING SERVICE… 207534 04/01-06/30/22 - FIRE ALARM MONITORI… Security & Alarm 202-3006-60123 255.00 ALARM MONITORING SERVICE… 207534 04/01-06/30/22 - LUMBER YARD MONITO… Security & Alarm 202-3006-60123 165.00 PACIFIC WEST AIR CONDITION… 207565 04/01/22 - LIBRARY WATER TREATMENT HVAC 202-3004-60667 125.00 JOHNSTONE SUPPLY 207558 04/06/22 - LIBRARY HVAC PARTS HVAC 202-3004-60667 72.75 Fund 202 - LIBRARY & MUSEUM FUND Total: 1,322.75
Fund: 215 - LIGHTING & LANDSCAPING FUND
VINTAGE ASSOCIATES 207581 03/23/22 OLEA EUROPAEA WILSONII TREE… Materials/Supplies 215-7004-60431 11,152.13 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 11,152.13 Fund: 235 - SO COAST AIR QUALITY FUND
COACHELLA VALLEY ASSOC OF… 207543 10/01-12/31/21 - VEHICEL REGISTRATION… CVAG 235-0000-60186 9,362.03 Fund 235 - SO COAST AIR QUALITY FUND Total: 9,362.03
Fund: 270 - ART IN PUBLIC PLACES FUND
SIGNATURE SCULPTURE 207571 04/2022 - APP MAINTENANCE APP Maintenance 270-0000-60683 800.00 POWERS AWARDS INC 207568 03/09/22 - APP PLAQUES Art Purchases 270-0000-74800 160.33 Fund 270 - ART IN PUBLIC PLACES FUND Total: 960.33
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
NAI CONSULTING INC 207561 03/2022 - JEFFERSON STREET AT AVENUE … Professional Services 401-0000-60103 1,625.00 NAI CONSULTING INC 207561 03/2022 - VILLAGE ART/CULTURAL PLAZA Professional Services 401-0000-60103 1,860.00 NAI CONSULTING INC 207561 03/2022 - PAVEMENT MANAGEMENT PLA… Professional Services 401-0000-60103 2,170.00 NAI CONSULTING INC 207561 03/2022- SRR RETENTION BASIN SOIL STA… Professional Services 401-0000-60103 1,507.50 NAI CONSULTING INC 207561 03/2022 - LA QUINTA X PARK Professional Services 401-0000-60103 2,325.00 NAI CONSULTING INC 207561 03/2022 - SILVERROCK EVENT SPACE Professional Services 401-0000-60103 310.00 NAI CONSULTING INC 207561 03/2022 DUNE PALMS RD PAV REHAB FR… Professional Services 401-0000-60103 112.50 NAI CONSULTING INC 207561 03/2022 - CITYWIDE MISC ADA IMPROVE… Professional Services 401-0000-60103 850.00 NAI CONSULTING INC 207561 03/2022 - DUNE PALMS BRIDGE IMPROV… Professional Services 401-0000-60103 3,185.00 NAI CONSULTING INC 207561 03/2022 - FIRE STATION 70 REVITALIZATI… Professional Services 401-0000-60103 37.50 NAI CONSULTING INC 207561 03/2022 - HIGHWAY 111 CORRIDOR Professional Services 401-0000-60103 1,860.00 NAI CONSULTING INC 207561 03/2022 - FRITZ BURNS PARK IMPROVEM… Professional Services 401-0000-60103 775.00 NAI CONSULTING INC 207561 03/2022 - CITYWIDE STRIPPING REFRESH Professional Services 401-0000-60103 2,415.00 NAI CONSULTING INC 207561 03/2022 - LQ LANDSCAPE RENOVATION I… Professional Services 401-0000-60103 4,932.50 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 23,965.00 Fund: 501 - FACILITY & FLEET REPLACEMENT
PLANIT REPROGRAPHICS SYST… 207567 04/01/22 - CITY VEHICLE DECALS Parts, Accessories, and Upfits 501-0000-60675 1,047.33 TOWER ENERGY GROUP 207577 03/16-03/31/22 - FUEL Fuel & Oil 501-0000-60674 5,036.24 S&D CARWASH MANAGEMENT… 207570 03/2022 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenance 501-0000-60676 819.59 THE GAS COMPANY 207575 03/01-04/01/22 - SWEEPER FUEL Street Sweeper 501-0000-60678 13.00 FUELMAN 207553 03/2022 - FUEL CHARGES Fuel & Oil 501-0000-60674 1,710.40 NATIONAL AUTO FLEET GROUP 207562 04/07/22 - CHEVROLET SILVERADO 3500 … Vehicles, Purchased 501-0000-71031 52,404.37 68 Click Here to Return to Agenda
Demand Register Packet: APPKT03108 - 04/15/2022 JB
4/25/2022 4:48:35 PM Page 3 of 5
Vendor Name Payment Number Description (Item) Account Name Account Number Amount NATIONAL AUTO FLEET GROUP 207562 04/07/22 - CHEVROLET SILVERADO 3500 … Vehicles, Purchased 501-0000-71031 52,404.37 NATIONAL AUTO FLEET GROUP 207562 4/7/22 - CHEVROLET SILVERADO 3500 TR… Vehicles, Purchased 501-0000-71031 52,404.37 NATIONAL AUTO FLEET GROUP 207562 04/07/22 - CHEVROLET SILVERADO 3500 … Vehicles, Purchased 501-0000-71031 52,404.37 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 218,244.04 Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS … 207542 04/2022 - CH CABLE (4625) Cable/Internet - Utilities 502-0000-61400 170.85 CHARTER COMMUNICATIONS … 207542 03/24-04/23/22 - WC CABLE (4601) Cable/Internet - Utilities 502-0000-61400 267.82 FISHER INTEGRATED INC 207550 03/2022 - CC VIDEO STREAMING Consultants 502-0000-60104 1,500.00 FISHER INTEGRATED INC 207550 03/2022 - MONTHLY FEE Consultants 502-0000-60104 1,100.00 VERIZON WIRELESS 207579 03/02-04/01/22 - BACKUP SERVER (2183) Cable/Internet - Utilities 502-0000-61400 66.17 VERIZON WIRELESS 207579 03/02-04/01/22 - CITY IPADS (5587) Cell/Mobile Phones 502-0000-61301 1,153.24 VERIZON WIRELESS 207579 03/02-04/01/22 - CITY CELL SVC (5496) Cell/Mobile Phones 502-0000-61301 2,902.74 FRONTIER COMMUNICATIONS… 207551 03/25-04/24/22 - CH INTERNET Cable/Internet - Utilities 502-0000-61400 85.98 FRONTIER COMMUNICATIONS… 207551 03/27-04/26/22 - BLACKHAWK/LQ PARK D… Cable/Internet - Utilities 502-0000-61400 75.98 Fund 502 - INFORMATION TECHNOLOGY Total: 7,322.78
Fund: 503 - PARK EQUIP & FACILITY FUND
KOMPAN INC 207559 04/05/22 - ADAMS PARK SHADE FABRIC R… Parks 503-0000-71060 5,008.84 Fund 503 - PARK EQUIP & FACILITY FUND Total: 5,008.84
Fund: 601 - SILVERROCK RESORT
FROSTY'S AIR CONDITIONING … 207552 03/29/22 - SRR GRILL A/C MAINTENANCE … Repair & Maintenance 601-0000-60660 1,180.00 Fund 601 - SILVERROCK RESORT Total: 1,180.00
Grand Total: 340,634.18
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Demand Register Packet: APPKT03108 - 04/15/2022 JB
4/25/2022 4:48:35 PM Page 4 of 5
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 62,048.53
201 - GAS TAX FUND 67.75
202 - LIBRARY & MUSEUM FUND 1,322.75
215 - LIGHTING & LANDSCAPING FUND 11,152.13
235 - SO COAST AIR QUALITY FUND 9,362.03
270 - ART IN PUBLIC PLACES FUND 960.33
401 - CAPITAL IMPROVEMENT PROGRAMS 23,965.00
501 - FACILITY & FLEET REPLACEMENT 218,244.04
502 - INFORMATION TECHNOLOGY 7,322.78
503 - PARK EQUIP & FACILITY FUND 5,008.84
601 - SILVERROCK RESORT 1,180.00
Grand Total: 340,634.18
Account Summary
Account Number Account Name Expense Amount
101-0000-20304 Sales Taxes Payable 81.62
101-0000-20945 Vision Insurance Pay 1,539.28
101-1001-60137 Community Special Events 3,418.38
101-1007-60470 Postage 15.88
101-2001-60174 Blood/Alcohol Testing 1,219.88
101-2001-60176 Sheriff - Other 271.00
101-2001-60193 Sexual Assault Exam Fees 1,600.00
101-2001-60420 Operating Supplies 985.14
101-2001-61300 Telephone - Utilities 875.90
101-2002-60670 Fire Station 510.00
101-2002-61400 Cable/Internet - Utilities 885.89
101-3002-60107 Instructors 434.00
101-3003-60149 Community Experiences 1,624.45
101-3005-60184 Fritz Burns Pool Maintena… 466.61
101-3005-60431 Materials/Supplies 250.00
101-3005-61300 Telephone - Utilities 85.54
101-3007-60410 Printing 382.66
101-3007-60461 Marketing & Tourism Pro… 16,123.54
101-3008-60123 Security & Alarm 2,145.00
101-3008-60667 HVAC 2,581.00
101-6001-60352 Subscriptions & Publicati… 99.60
101-6002-60352 Subscriptions & Publicati… 298.79
101-6003-60118 Plan Checks 16,835.17
101-6003-60351 Membership Dues 215.00
101-6004-60103 Professional Services 545.75
101-6004-60320 Travel & Training 200.00
101-6004-60351 Membership Dues 190.00
101-6004-60400 Office Supplies 60.76
101-7002-60183 Map/Plan Checking 4,816.50
101-7006-60104 Consultants 2,985.00
101-7006-60146 PM 10 - Dust Control 126.76
101-7006-60427 Safety Gear 179.43
201-7003-60431 Materials/Supplies 67.75
202-3004-60123 Security & Alarm 420.00
202-3004-60667 HVAC 197.75
202-3004-60691 Maintenance/Services 120.00
202-3006-60123 Security & Alarm 585.00
215-7004-60431 Materials/Supplies 11,152.13
235-0000-60186 CVAG 9,362.03
270-0000-60683 APP Maintenance 800.00
270-0000-74800 Art Purchases 160.33
401-0000-60103 Professional Services 23,965.00
501-0000-60674 Fuel & Oil 6,746.64
501-0000-60675 Parts, Accessories, and Up… 1,047.33
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Demand Register Packet: APPKT03108 - 04/15/2022 JB
4/25/2022 4:48:35 PM Page 5 of 5
Account Summary
Account Number Account Name Expense Amount
501-0000-60676 Vehicle Repair & Mainte… 819.59
501-0000-60678 Street Sweeper 13.00
501-0000-71031 Vehicles, Purchased 209,617.48
502-0000-60104 Consultants 2,600.00
502-0000-61301 Cell/Mobile Phones 4,055.98
502-0000-61400 Cable/Internet - Utilities 666.80
503-0000-71060 Parks 5,008.84
601-0000-60660 Repair & Maintenance 1,180.00
Grand Total: 340,634.18
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 300,365.98
111205P Professional Expense Dune Palms Bridge Imp/BRLKS-5433(014) 3,185.00 151609P Professional Expense La Quinta X Park 2,325.00
201603P Professional Expense La Quinta Landscape Renovation Improvement 4,932.50 201608P Professional Expense SilverRock Event Space 310.00 201709P Professional Expense Ave 53 Jefferson St.Roundabout 1,625.00 201804E Landscape & Lighting Median Island … Landscape & Lighting Median Island Improvements 11,152.13 201901P Professional Expense Village Art Plaza Promenade & Cultural Campus1,860.00 201905P Professional Expense Highway 111 Corridor Area Plan Implementation1,860.00 201907P Professional Expense Fire Station 70 Revitalization 37.50 202007P Professional Expense SilverRock Retention Basin Soil Stabilization 1,507.50 202101P Professional Expense Dune Palms Rd Pavement Rehab-Fred Waring to Miles 112.50 202102P Professional Expense Fritz Burns Park Improvements 775.00 202103P Professional Expense Citywide Miscellaneous ADA Improvements 850.00 202104P Professional Expense Citywide Striping Refresh 2,415.00 2122PMPP Professional Expense FY21/22 Pavement Management Plan 2,170.00 BDAYE City Picnic & Birthday Celebration Ex… City Picnic & Birthday Celebration 4,592.32 CSA152E CSA 152 Expenses CSA 152 Project Tracking 13.00 STVRE Short Term Vacation Rental Expense Short Term Vacation Rental Tracking 545.75 Grand Total: 340,634.18
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Demand Register
City of La Quinta Packet: APPKT03112 - 04/22/22 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
FRANCHISE TAX BOARD 207605 GARNISHMENT Garnishments Payable 101-0000-20985 221.25 UNITED WAY OF THE DESERT 207638 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 DESERT SUN PUBLISHING, LLC 207602 02/25/22 - PHN CALEO BAY ADVERTISING Advertising 101-6002-60450 441.00 DESERT SUN PUBLISHING, LLC 207602 02/12/22 - PHN POLO VILLAS ADVERTISING Advertising 101-6002-60450 434.28 DESERT SUN PUBLISHING, LLC 207602 02/04/22 - PHN HE GPA 2020-0001 ADVE… Advertising 101-6002-60450 441.00 DESERT SUN PUBLISHING, LLC 207602 02/04/22 - PHN POLO VILLAS ADVERTISING Advertising 101-6002-60450 441.00 DESERT SUN PUBLISHING, LLC 207602 02/13-02/20/22 - PUBLIC NOTICE OF PUBL… Advertising 101-7002-60450 895.40 GALLS LLC 207607 03/29/22 - CODE UNIFORMS M.SALAS Uniforms 101-6004-60690 124.85 CHARTER COMMUNICATIONS … 207597 04/05-05/04/22 - FS #32 INTERNET (1841) Cable/Internet - Utilities 101-2002-61400 10.51 SECURE PRODUCTS CORPORAT… 207629 04/06/22 - DAILY CASH BAGS (400) SALE T… Sales Taxes Payable 101-0000-20304 -10.50 SECURE PRODUCTS CORPORAT… 207629 04/06/22 - DAILY CASH BAGS (400) Office Supplies 101-1006-60400 146.08 THE SHERWIN-WILLIAMS CO. 207635 04/11/22 - PAINT Materials/Supplies 101-3008-60431 180.80 MAYSELS, SUSAN MULLIN 207616 02/21-03/30/22 - CLERK'S OFFICE ASSIST… Professional Services 101-1005-60103 1,556.25 GARDAWORLD 207608 04/2022 - ARMORED SERVICE Professional Services 101-1006-60103 305.53 THE LAMAR COMPANIES 207634 04/22-05/1/22 - DIGITAL BILLBOARDS Marketing & Tourism Promoti… 101-3007-60461 2,890.00 EISENHOWER OCCUPATIONAL… 207603 02/02/22 - PRE EMPLOYMENT PHYSICALS Consultants/Employee Services 101-1004-60104 165.00 EISENHOWER OCCUPATIONAL… 207603 03/2022 - PRE EMPLOYMENT PHYSICALS Recruiting/Pre-Employment 101-1004-60129 380.00 SPARKLETTS 207631 3/23/22 & 04/06/22 - DRINKING WATER Operating Supplies 101-7003-60420 168.16 BOYS & GIRLS CLUB OF COACH… 207594 04/01-06/30/22 - JOINT FACILITY USE Boys & Girls Club 101-3001-60135 10,000.00 JOE A GONSALVES & SON 207614 05/2022 - LOBBYIST SERVICES Contract Services - Administrat… 101-1002-60101 3,500.00 ARK CONNECTS LLC 207588 03/2022 & 04/2022 CREATIVE RETAINER Marketing & Tourism Promoti… 101-3007-60461 8,200.00 IRC CORPORATION 207612 03/2022 - PRE EMPLOYMENT BACKGROU… Recruiting/Pre-Employment 101-1004-60129 298.80 GARDAWORLD 207608 02/2022 - ARMORED SERVICE Professional Services 101-1006-60103 26.00 PARTY PALS 207623 04/30/22 - CITY BDAY PICNIC ACTIVITIES Community Experiences 101-3003-60149 6,350.00 VINTAGE ASSOCIATES 207639 04/5-04/7/22 - BEAR CREEK MAINTENANC… Maintenance/Services 101-3005-60691 4,708.00 VINTAGE ASSOCIATES 207639 04/04/22 - BEAR CREEK MAINTENANCE S… Maintenance/Services 101-3005-60691 1,232.00 OFFICE DEPOT 207621 04/14/22 - OFFICE SUPPLIES Office Supplies 101-1006-60400 72.56 OFFICE DEPOT 207621 04/14/22 - OFFICE HEATER/FAN D.ARME… Office Supplies 101-1006-60400 29.35 OFFICE DEPOT 207621 04/14/22 - CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 113.78 OFFICE DEPOT 207621 04/04/22 - OFFICE SUPPLIES Office Supplies 101-6004-60400 58.08 OFFICE DEPOT 207621 04/13/22 - OFFICE SUPPLIES RETURN Office Supplies 101-6004-60400 -12.71 CARAHSOFT TECHNOLOGY CO… 207596 7/01/22-6/30/23- GRANT WRITING SVCS … Prepaid Expense 101-0000-13600 4,273.50 CONSOLIDATED ELECTRICAL DI… 207599 04/08/22 - LAMP BULBS (10) Materials/Supplies 101-3008-60431 97.33 STAPLES ADVANTAGE 207632 03/21/22 - EASEL DISPLAYS (10) Community Experiences 101-3003-60149 369.64 STAPLES ADVANTAGE 207632 03/30/22 - OFFICE SUPPLIES Office Supplies 101-1004-60400 48.20 SMITH PIPE & SUPPLY CO 207630 03/29/22 - IRRIGATION PART RETURN Materials/Supplies 101-3005-60431 -48.82 SMITH PIPE & SUPPLY CO 207630 03/29/22 - IRRIGATION PARTS Materials/Supplies 101-3005-60431 455.27 RASA/ERIC NELSON 207626 04/12/22 - LLA 2022-0003 ONCALL MAP C… Map/Plan Checking 101-7002-60183 680.00 RASA/ERIC NELSON 207626 04/12/22 - PMER 2022-0003 ONCALL MAP… Map/Plan Checking 101-7002-60183 135.00 DEPARTMENT OF JUSTICE 207600 03/2022 - LIVESCAN FINGERPRINTING Recruiting/Pre-Employment 101-1004-60129 64.00 ROBERT HALF 207627 04/01/22 - TEMP AGENCY SERVICES T.SU… Temporary Agency Services 101-1005-60125 814.50 ROBERT HALF 207627 04/08/22 - TEMP AGENCY SERVICES J.AG… Temporary Agency Services 101-6004-60125 675.80 MERCHANTS BUILDING MAINT… 207617 03/31/22 - ALONGI BUILDING CLEANING Janitorial 101-3008-60115 245.00 FEDEX 207604 03/30/22 - OVERNIGH MAIL Postage 101-1007-60470 20.01 T-MOBILE 207636 12/28-12/29/21 - POLICE GPS LOCATE LA2… Special Enforcement Funds 101-2001-60175 60.00 ALARM MONITORING SERVICE… 207587 4/01-06/30/22 - SRR EVENT BLDG ALARM… Security & Alarm 101-3008-60123 162.00 KONE INC 207615 04/01-06/30/22 - CH ELEVATOR MAINTEN… Maintenance/Services 101-3008-60691 631.65 BELANICH, TOMM 207592 04/30/22 - ENTERTAINMENT FOR CITY BD… Community Experiences 101-3003-60149 300.00 DESERT RESORT MANAGEMENT 207601 04/2022 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 3,648.15 ADVANCED IMAGING SOLUTI… 207586 03/02/22-03/01/23 - TYPERWRITER MAIN… Typewriters 101-1007-60663 227.29 GOVOS, INC. 207609 05/2022 - STVR PERMITTING SOFTWARE Professional Services 101-6006-60103 3,820.00 111 NOTARY SERVICES 207585 03/2022 - PRE-EMPLOYMENT FINGERPRIN… Recruiting/Pre-Employment 101-1004-60129 30.00 THE GAS COMPANY 207633 03/02-03/31/22 - FS #93 GAS SVC Gas - Utilities 101-2002-61100 109.90 72 Click Here to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount BANK OF THE WEST 207589 2/16-2/18/22- CSMFO CONFERENCE HOTE… Travel & Training 101-1006-60320 288.55 BANK OF THE WEST 207589 01/20/22 - CMTA TRAINING R.HALLICK Travel & Training 101-1006-60320 95.00 BANK OF THE WEST 207589 03/08/22 - EASTER EVENT SUPPLIES Community Experiences 101-3003-60149 517.57 BANK OF THE WEST 207589 03/01-03/31/22 - ANNUAL MEMEBRSHIP … Credit Card Fees 101-1006-60122 360.00 BANK OF THE WEST 207589 03/30/22 - APWA PUBLIC WORKS EXPO L… Travel & Training 101-7001-60320 454.86 BANK OF THE WEST 207589 03/02/22 - CONSTRUCTION PAYROLL CO… Travel & Training 101-7001-60320 379.00 BANK OF THE WEST 207589 03/16/22 - INTERVIEW PANEL LUNCH Recruiting/Pre-Employment 101-1004-60129 74.12 BANK OF THE WEST 207589 03/29/22 - RECRUITMENT AD Recruiting/Pre-Employment 101-1004-60129 75.00 BANK OF THE WEST 207589 03/09/22 - INTERVIEW PANEL LUNCH Recruiting/Pre-Employment 101-1004-60129 83.15 BANK OF THE WEST 207589 02/28/22 - OFFICE LEGAL PADS & USB FLA… Office Supplies 101-1005-60400 117.17 BANK OF THE WEST 207589 03/24/22 - ELECTION CODE BOOKS (2) Operating Supplies 101-1005-60420 76.12 BANK OF THE WEST 207589 03/03/22 - KEY LOCK BOX Office Supplies 101-1006-60400 59.80 BANK OF THE WEST 207589 03/03/22 - CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 94.59 BANK OF THE WEST 207589 03/21/22 - CITYWIDE COFFEE/TEA Citywide Supplies 101-1007-60403 37.82 BANK OF THE WEST 207589 03/15/22 - FITNESS GYM WIPES Operating Supplies 101-3002-60420 719.56 BANK OF THE WEST 207589 03/09/22 - KIDS KITE MAKING KITS (66) Community Experiences 101-3003-60149 251.13 BANK OF THE WEST 207589 03/28/22 - EASTER EVENT SUPPLIES Community Experiences 101-3003-60149 58.68 BANK OF THE WEST 207589 03/16/22 - NO DIVING SIGNAGE FOR FB P… Fritz Burns Pool Maintenance 101-3005-60184 24.96 BANK OF THE WEST 207589 03/16/22 - KEEP GATE CLOSED SIGNAGE F… Fritz Burns Pool Maintenance 101-3005-60184 26.09 BANK OF THE WEST 207589 03/16/22 - CPR GUIDELINES SIGNAGE FOR… Fritz Burns Pool Maintenance 101-3005-60184 25.75 BANK OF THE WEST 207589 03/16/22 - 911 SIGNAGE FOR FB POOL Fritz Burns Pool Maintenance 101-3005-60184 35.83 BANK OF THE WEST 207589 03/2022 - MAILCHIMP Membership Dues 101-3007-60351 130.00 BANK OF THE WEST 207589 03/25/22 - APPLE MUSIC M.GRAHAM Marketing & Tourism Promoti… 101-3007-60461 19.95 BANK OF THE WEST 207589 02/28/22 - FB BOOSTED ADS Marketing & Tourism Promoti… 101-3007-60461 278.87 BANK OF THE WEST 207589 03/22/22 - ICLOUD STORAGE K.CAMARENA Marketing & Tourism Promoti… 101-3007-60461 0.99 BANK OF THE WEST 207589 03/14/22 - GLASS CLEANING WIPES Operating Supplies 101-6001-60420 16.30 BANK OF THE WEST 207589 03/15/22 - LAPTOP CHARGERS (2) Operating Supplies 101-6001-60420 280.56 BANK OF THE WEST 207589 03/14/22 - PLANNING TRAINING BOOKS Travel & Training 101-6002-60320 41.75 BANK OF THE WEST 207589 03/22/22 - SNACKS FOR PLANNING COMM… Operating Supplies 101-6001-60420 6.49 BANK OF THE WEST 207589 03/20/22 - FOOD FOR PLANNING COMMI… Operating Supplies 101-6001-60420 61.30 BANK OF THE WEST 207589 03/20/22 - SNACKS FOR PLANNING COMM… Operating Supplies 101-6001-60420 15.59 BANK OF THE WEST 207589 03/22/22 - IQ DATA PLAN RENEWAL Materials/Supplies 101-3005-60431 150.00 BANK OF THE WEST 207589 03/02/22 - COFFEE SUPPLIES FOR LOBBY … Citywide Supplies 101-1007-60403 77.96 BANK OF THE WEST 207589 03/25/22 - PRODUCATION UTILITY BELT Operating Supplies 101-3007-60420 165.95 BANK OF THE WEST 207589 03/22/22 - WATER FOR WC EVENTS Community Experiences 101-3003-60149 129.90 BANK OF THE WEST 207589 03/09/22 - WATER FOR TRUMAN ELEMEN… Community Experiences 101-3003-60149 107.82 BANK OF THE WEST 207589 03/22/22 - FOOD FOR PLANNING COMMI… Operating Supplies 101-6001-60420 41.02 BANK OF THE WEST 207589 03/01/22 - COUNCIL MEETING DINNER Travel & Training 101-1001-60320 114.25 BANK OF THE WEST 207589 03/10/22 - COUNCIL MEETING WORKSHOP… Travel & Training 101-1001-60320 220.77 BANK OF THE WEST 207589 02/28/22 - CVAG EXEC COMMITTEE DINN… Travel & Training 101-1001-60320 52.80 BANK OF THE WEST 207589 3/30/22- STATE OF THE CITY LUNCHEON S… Travel & Training 101-1001-60320 75.00 BANK OF THE WEST 207589 03/15/22 - COUNCIL MEETING DINNER Travel & Training 101-1001-60320 110.50 BANK OF THE WEST 207589 3/27/22 - JOINT COUNCIL/COMMISSIONS… Travel & Training 101-1001-60320 62.96 BANK OF THE WEST 207589 03/30/22 - ALL HANDS MEETING BREAKFA… Employee Recognition Events 101-1004-60340 739.50 BANK OF THE WEST 207589 03/01/22 - PA SYSTEM Materials/Supplies 101-3008-60431 275.12 BANK OF THE WEST 207589 03/23/22 - SNACKS FOR ATSSA TCT TRAIN… Travel & Training 101-7003-60320 68.92 BANK OF THE WEST 207589 03/24/22 - LUNCH FOR ATSSA TCT TRAINI… Travel & Training 101-7003-60320 244.04 BANK OF THE WEST 207589 03/11/22 - SUPPLIES FOR URBAN FOREST … Operating Supplies 101-7003-60420 17.82 BANK OF THE WEST 207589 03/12/22 - SRR TREE PLANTING EVENT LU… Operating Supplies 101-7003-60420 101.32 BANK OF THE WEST 207589 03/34/22 - TOOLS RETURN CREDIT Tools/Equipment 101-7003-60432 -33.40 BANK OF THE WEST 207589 03/11/22 - DIGGING SHOVELS (13) Tools/Equipment 101-7003-60432 198.34 BANK OF THE WEST 207589 03/16/22 - TTC 200 TRAINING DINNER FO… Travel & Training 101-1005-60320 10.79 BANK OF THE WEST 207589 03/15/22 - TTC 200 TRAINING PARKING L… Travel & Training 101-1005-60320 11.00 BANK OF THE WEST 207589 03/15/22 - TTC 200 TRAINING HOTEL STAY… Travel & Training 101-1005-60320 441.46 BANK OF THE WEST 207589 3/23/22 - NOTARY OATH & BOND REGIST… Membership Dues 101-1005-60351 70.57 OCEAN SPRINGS TECH INC 207620 03/2022 - FB POOL DECK/FLOOR CLEANING Fritz Burns Pool Maintenance 101-3005-60184 800.00 CLEAN N CLEAR POOL SERVICE 207598 3/22/22 - HOME OCCUPATION PERMIT RE… Due to Other Agencies 101-0000-20300 105.00 QUINN COMPANY 207625 04/07/22 - WC GENERATOR INSPECTION S… Machinery & Equipment 101-2002-80101 344.50 QUINN COMPANY 207625 04/07/22 - CH GENERATOR INSPECTION S… Machinery & Equipment 101-2002-80101 344.50 QUINN COMPANY 207625 04/07/22 - CH GENERATOR INSPECTION S… Machinery & Equipment 101-2002-80101 344.50 73 Click Here to Return to Agenda
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4/25/2022 4:45:38 PM Page 3 of 6
Vendor Name Payment Number Description (Item) Account Name Account Number Amount QUINN COMPANY 207625 04/08/22 - YMCA GENERATOR INSPECTIO… Machinery & Equipment 101-2002-80101 344.50 QUINN COMPANY 207625 04/08/22 - FS # 32 GENERATOR INSPECTI… Machinery & Equipment 101-2002-80101 344.50 QUINN COMPANY 207625 04/08/22 - FS # 93 GENERATOR INSPECTI… Machinery & Equipment 101-2002-80101 344.50 Fund 101 - GENERAL FUND Total: 71,354.85
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC 207637 03/28/22 - TRAFFIC BARRICADES Barricades 201-7003-60428 2,082.56 TOPS' N BARRICADES INC 207637 03/28/22 - TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 445.98 Fund 201 - GAS TAX FUND Total: 2,528.54
Fund: 202 - LIBRARY & MUSEUM FUND
KONE INC 207615 04/01-06/30/22 - MUSEUM ELEVATOR MA… Maintenance/Services 202-3006-60691 631.65 Fund 202 - LIBRARY & MUSEUM FUND Total: 631.65
Fund: 215 - LIGHTING & LANDSCAPING FUND
THE SHERWIN-WILLIAMS CO. 207635 04/14/22 - PAINT FOR GRAFFITI REMOVAL Supplies-Graffiti and Vandalism 215-7004-60423 177.57 JERNIGAN'S, INC 207613 04/11/22 - SAFETY BOOTS R.MUNIZ Safety Gear 215-7004-60427 206.61 STAPLES ADVANTAGE 207632 02/16/22 - OFFICE SUPPLIES Operating Supplies 215-7004-60420 181.14 STAPLES ADVANTAGE 207632 04/13/22 - KEY BOX Operating Supplies 215-7004-60420 163.11 STAPLES ADVANTAGE 207632 03/29/22 - OFFICE SUPPLIES Operating Supplies 215-7004-60420 17.99 SMITH PIPE & SUPPLY CO 207630 03/29/22 - IRRIGATION PARTS Materials/Supplies 215-7004-60431 581.04 PWLC II, INC 207624 4/12/22 TREE REMOVAL & REPLACEMENT… Maintenance/Services 215-7004-60691 4,800.00 PWLC II, INC 207624 04/12/22 - PLANT REPLACEMENT ON AVE … Maintenance/Services 215-7004-60691 4,256.00 PWLC II, INC 207624 04/12/22 - IRRIGATION REPAIRS ON AVE 54 Maintenance/Services 215-7004-60691 2,530.00 PWLC II, INC 207624 04/13/22 - PLANT REPLACEMENT ON JEFF… Materials/Supplies 215-7004-60431 82.00 PWLC II, INC 207624 04/13/22 - OLD TOWN PARKING LOT PLA… Materials/Supplies 215-7004-60431 952.00 PWLC II, INC 207624 04/18/22 - PLANT REPLACEMENT & IRRIG… Maintenance/Services 215-7004-60691 4,800.00 FRONTIER COMMUNICATIONS… 207606 04/07-05/06/22 - PHONE SVC Electric - Utilities 215-7004-61116 111.59 FRONTIER COMMUNICATIONS… 207606 04/10-05/09/22 - PHONE SVC Electric - Utilities 215-7004-61116 40.68 BANK OF THE WEST 207589 03/30/22 - SUNSCREEN Safety Gear 215-7004-60427 9.75 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 18,909.48 Fund: 270 - ART IN PUBLIC PLACES FUND
BANK OF THE WEST 207589 03/03/22 - APP PURCHASE Art Purchases 270-0000-74800 5,500.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 5,500.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
BANK OF THE WEST 207589 03/24/22 - HWY 111 SITE TOUR TRANSPO… Design 401-0000-60185 460.00 BANK OF THE WEST 207589 03/24/22 - HWY 111 SITE TOUR LUNCH Design 401-0000-60185 207.43 BANK OF THE WEST 207589 2/28/22 - ETHERNET PATCH CABLES (175) Construction 401-0000-60188 344.25 WALTERS WHOLESALE ELECTR… 207640 03/22/22 - ELECTRICAL PARTS (12) Construction 401-0000-60188 329.38 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 1,341.06 Fund: 501 - FACILITY & FLEET REPLACEMENT
HWY 111 LA QUINTA CAR WA… 207610 03/2022 - CAR WASH SERVICE Vehicle Repair & Maintenance 501-0000-60676 36.00 BMW MOTORCYCLES OF RIVE… 207593 03/31/22 - MOTORCYCLE REPAIR A1154 Motorcycle Repair & Mainten… 501-0000-60679 2,059.87 PACIFIC MOBILE STRUCTURES, … 207622 01/2022 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 PACIFIC MOBILE STRUCTURES, … 207622 03/2022 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 PACIFIC MOBILE STRUCTURES, … 207622 05/2022 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 BANK OF THE WEST 207589 03/31/21 - EMPLOYEE TREADMILL City Bldg Repl/Repair 501-0000-71103 2,383.72 BANK OF THE WEST 207589 03/15/22 - FLEET MAINTENANCE SUPPLIES Vehicle Repair & Maintenance 501-0000-60676 83.50 NATIONAL AUTO FLEET GROUP 207619 04/13/22 - CHEVROLET SILVERADO 3500 … Vehicles, Purchased 501-0000-71031 52,404.38 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 66,233.00 Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS … 207597 04/10-05/09/22 - CH INTERNET (2546) Cable/Internet - Utilities 502-0000-61400 2,079.00 INNOVATIVE DOCUMENT SOL… 207611 01/01-03/31/22 - COPIER CONTRACT OVE… Copiers 502-0000-60662 909.12 CANON FINANCIAL SERVICES, … 207595 04/2022 CITY PRINTERS & 03/2022 METER… Copiers 502-0000-60662 2,812.25 FRONTIER COMMUNICATIONS… 207606 04/03-05/02/22 - 2ND CITY INTERNET LINE Cable/Internet - Utilities 502-0000-61400 1,190.00 FRONTIER COMMUNICATIONS… 207606 04/04-05/03/22 - DSL SVC Cable/Internet - Utilities 502-0000-61400 217.06 MICROSOFT CORPORATION 207618 03/10-04/09/22 - MS AZURE ONLINE SVCS Software Licenses 502-0000-60301 785.13 BANK OF THE WEST 207589 03/07/22 - PLAYINLAQUINTA.COM DOMA… Software Licenses 502-0000-60301 42.99 BANK OF THE WEST 207589 03/22/22 - LQ-QUINTA.ORG DOMAIN REN… Software Licenses 502-0000-60301 52.98 BANK OF THE WEST 207589 03/09/22 - PLAYINLAQUINTA.COM DOMA… Software Licenses 502-0000-60301 14.00 BANK OF THE WEST 207589 03/2022 - ADOBE HOMEBASE J.DELGADO Software Licenses 502-0000-60301 14.99 74 Click Here to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount BANK OF THE WEST 207589 03/02/22 - LAPTOP CHAGERS (2) Operating Supplies 502-0000-60420 280.56 BANK OF THE WEST 207589 03/17/22 - FAST CHARGER CORDS (12) Operating Supplies 502-0000-60420 156.48 BANK OF THE WEST 207589 03/15/22 - LAPTOP CASE Operating Supplies 502-0000-60420 76.07 BANK OF THE WEST 207589 03/14/22 - KEYBOARD C.FLORES Operating Supplies 502-0000-60420 54.36 BANK OF THE WEST 207589 03/02/22 - WIRELESS KEYBOARD/MOUSE … Operating Supplies 502-0000-60420 470.74 BANK OF THE WEST 207589 02/28/22 & 03/28/22 - HULU SUBSCRIPTI… Cable/Internet - Utilities 502-0000-61400 139.98 BANK OF THE WEST 207589 03/27-04/26/22 - UBIQ SUBSCRIPTION D & D, Software Enhancements 502-0000-71042 60.48 BANK OF THE WEST 207589 03/01/22 - DOCKING STATIONS (7) FOR IT … Operating Supplies 502-0000-60420 1,301.74 Fund 502 - INFORMATION TECHNOLOGY Total: 10,657.93
Fund: 601 - SILVERROCK RESORT
GARDAWORLD 207608 04/2022 - SRR ARMORED SVC Bank Fees 601-0000-60455 781.32 GARDAWORLD 207608 03/2022 - SRR ARMORED SERVICE Bank Fees 601-0000-60455 27.04 ROTO ROOTER PLUMBERS INC 207628 03/23/22 - SRR BACKFLOW REPAIRS Repair & Maintenance 601-0000-60660 795.00 ROTO ROOTER PLUMBERS INC 207628 04/13/22 - SRR RESTROOM REPAIRS Repair & Maintenance 601-0000-60660 1,975.00 ROTO ROOTER PLUMBERS INC 207628 04/15/22 - SRR GOLF AREA BROKEN PIPE … Repair & Maintenance 601-0000-60660 4,850.00 GARDAWORLD 207608 03/2022 - SRR ARMORED SERVICE Bank Fees 601-0000-60455 150.85 Fund 601 - SILVERROCK RESORT Total: 8,579.21
Grand Total: 185,735.72
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 71,354.85
201 - GAS TAX FUND 2,528.54
202 - LIBRARY & MUSEUM FUND 631.65
215 - LIGHTING & LANDSCAPING FUND 18,909.48
270 - ART IN PUBLIC PLACES FUND 5,500.00
401 - CAPITAL IMPROVEMENT PROGRAMS 1,341.06
501 - FACILITY & FLEET REPLACEMENT 66,233.00
502 - INFORMATION TECHNOLOGY 10,657.93
601 - SILVERROCK RESORT 8,579.21
Grand Total: 185,735.72
Account Summary
Account Number Account Name Expense Amount
101-0000-13600 Prepaid Expense 4,273.50
101-0000-20300 Due to Other Agencies 105.00
101-0000-20304 Sales Taxes Payable -10.50
101-0000-20981 United Way Deductions 37.00
101-0000-20985 Garnishments Payable 221.25
101-1001-60320 Travel & Training 636.28
101-1002-60101 Contract Services - Admini… 3,500.00
101-1004-60104 Consultants/Employee Se… 165.00
101-1004-60129 Recruiting/Pre-Employme… 1,005.07
101-1004-60340 Employee Recognition Ev… 739.50
101-1004-60400 Office Supplies 48.20
101-1005-60103 Professional Services 1,556.25
101-1005-60125 Temporary Agency Servic… 814.50
101-1005-60320 Travel & Training 463.25
101-1005-60351 Membership Dues 70.57
101-1005-60400 Office Supplies 117.17
101-1005-60420 Operating Supplies 76.12
101-1006-60103 Professional Services 331.53
101-1006-60122 Credit Card Fees 360.00
101-1006-60320 Travel & Training 383.55
101-1006-60400 Office Supplies 307.79
101-1007-60403 Citywide Supplies 324.15
101-1007-60470 Postage 20.01
101-1007-60663 Typewriters 227.29
101-2001-60175 Special Enforcement Funds 60.00
101-2002-61100 Gas - Utilities 109.90
101-2002-61400 Cable/Internet - Utilities 10.51
101-2002-80101 Machinery & Equipment 2,067.00
101-3001-60135 Boys & Girls Club 10,000.00
101-3002-60420 Operating Supplies 719.56
101-3003-60149 Community Experiences 8,084.74
101-3005-60184 Fritz Burns Pool Maintena… 912.63
101-3005-60431 Materials/Supplies 556.45
101-3005-60691 Maintenance/Services 5,940.00
101-3007-60351 Membership Dues 130.00
101-3007-60420 Operating Supplies 165.95
101-3007-60461 Marketing & Tourism Pro… 11,389.81
101-3008-60115 Janitorial 245.00
101-3008-60123 Security & Alarm 162.00
101-3008-60431 Materials/Supplies 553.25
101-3008-60691 Maintenance/Services 631.65
101-6001-60420 Operating Supplies 421.26
101-6002-60320 Travel & Training 41.75
101-6002-60450 Advertising 1,757.28
101-6004-60103 Professional Services 3,648.15
101-6004-60125 Temporary Agency Servic… 675.80
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Demand Register Packet: APPKT03112 - 04/22/22 JB
4/25/2022 4:45:38 PM Page 6 of 6
Account Summary
Account Number Account Name Expense Amount
101-6004-60400 Office Supplies 45.37
101-6004-60690 Uniforms 124.85
101-6006-60103 Professional Services 3,820.00
101-7001-60320 Travel & Training 833.86
101-7002-60183 Map/Plan Checking 815.00
101-7002-60450 Advertising 895.40
101-7003-60320 Travel & Training 312.96
101-7003-60420 Operating Supplies 287.30
101-7003-60432 Tools/Equipment 164.94
201-7003-60428 Barricades 2,082.56
201-7003-60429 Traffic Control Signs 445.98
202-3006-60691 Maintenance/Services 631.65
215-7004-60420 Operating Supplies 362.24
215-7004-60423 Supplies-Graffiti and Van… 177.57
215-7004-60427 Safety Gear 216.36
215-7004-60431 Materials/Supplies 1,615.04
215-7004-60691 Maintenance/Services 16,386.00
215-7004-61116 Electric - Utilities 152.27
270-0000-74800 Art Purchases 5,500.00
401-0000-60185 Design 667.43
401-0000-60188 Construction 673.63
501-0000-60676 Vehicle Repair & Mainte… 119.50
501-0000-60679 Motorcycle Repair & Main… 2,059.87
501-0000-71031 Vehicles, Purchased 52,404.38
501-0000-71032 Building Leases 9,265.53
501-0000-71103 City Bldg Repl/Repair 2,383.72
502-0000-60301 Software Licenses 910.09
502-0000-60420 Operating Supplies 2,339.95
502-0000-60662 Copiers 3,721.37
502-0000-61400 Cable/Internet - Utilities 3,626.04
502-0000-71042 D & D, Software Enhance… 60.48
601-0000-60455 Bank Fees 959.21
601-0000-60660 Repair & Maintenance 7,620.00
Grand Total: 185,735.72
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 157,282.09
201804E Landscape & Lighting Median Island … Landscape & Lighting Median Island Improvements 12,167.04 201905D Design Expense Highway 111 Corridor Area Plan Implementation 667.43 2122TMICT Construction Expense FY21/22 Traffic Maintenance Improvements 673.63 BDAYE City Picnic & Birthday Celebration Ex… City Picnic & Birthday Celebration 6,650.00 EGGE La Quinta Egg Hunt Expense La Quinta Egg Hunt 576.25 KITEE Fly Over La Quinta Expense Fly Over LQ: A Kite Experience 251.13 STVRE Short Term Vacation Rental Expense Short Term Vacation Rental Tracking 7,468.15 Grand Total: 185,735.72
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City of La Quinta
Bank Transactions 4/11 – 4/22/2022
Wire Transaction
Listed below are the wire transfers from 4/11 – 4/22/2022.

Wire Transfers:
04/15/2022 - WIRE TRANSFER - CALPERS $88.96
04/15/2022 - WIRE TRANSFER - CALPERS $4,846.19
04/15/2022 - WIRE TRANSFER - CALPERS $14,045.14
04/15/2022 - WIRE TRANSFER - CALPERS $22,003.78
04/15/2022 - WIRE TRANSFER - J&H ASSET PROPERTY MANAGEMENT $31,116.99 04/18/2022 - WIRE TRANSFER - LQCEA $414.00
04/18/2022 - WIRE TRANSFER - ICMA $6,448.94
04/18/2022 - WIRE TRANSFER - STERLING HEALTH $1,822.90
04/21/2022 - WIRE TRANSFER - LANDMARK $249,016.99
04/21/2022 - WIRE TRANSFER - THE BANK OF NEW YORK MELLON $3,000,000.00 04/22/2022 - WIRE TRANSFER - AMERITAS LIFE $1,183.28
04/22/2022 - WIRE TRANSFER - AMERITAS LIFE $5,884.72
TOTAL WIRE TRANSFERS OUT $3,336,871.89
ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR EISENHOWER DRIVE FROM AVENUE 50 TO WASHINGTON STREET

RECOMMENDATION
Adopt a resolution approving legal speed limits on Eisenhower Drive from Avenue 50 to Washington Street, as recommended in the 2022 Engineering and Traffic Survey.

EXECUTIVE SUMMARY
 The City Traffic Engineer recommended that a speed survey be conducted on this street segment due to recent changes which would affect the operating conditions along each.
 The engineering and speed survey accounts for: 1) prevailing speed, 2) accident history, and 3) roadway characteristics not apparent to the motorist.
 The survey designated this segment for no speed limit adjustments (Attachment 1).

FISCAL IMPACT
There is no fiscal impact as the speed limit will remain and no adjustments to signage is necessary.

BACKGROUND/ANALYSIS
In order to enforce speed limits using radar, speed limits must be set in accordance with the California Vehicle Code (CVC). Per the CVC, vehicle speeds are determined by the behavior of a majority of drivers during normal driving conditions. Jurisdictions may not establish arbitrary speed limits.

The City of La Quinta made changes to a portion of this street in 2020 and changed the speed limit for a section of Eisenhower Drive between Calle CONSENT CALENDAR ITEM NO. 10
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Tampico and Avenue 50 as a result. The current survey limits for Eisenhower Drive then were from Calle Tampico to Washington Street. As such, it is desirable to resurvey the prevailing speeds and determine if speed limit adjustments are in order for the remaining segment from Avenue 50 to Washington Street. The street segment was recently re-surveyed and the 2022 Engineering and Traffic Survey presents the following recommended speed limit for this roadway segment:

Street Segment Posted Proposed
Eisenhower Dr. Avenue 50 to Washington Street 45 45
Staff requests approval for the recommended speed limit. This speed limit will help drivers select a speed that is safe and consistent with the majority of other users.

ALTERNATIVES
No alternative is recommended.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Engineering and Traffic Survey
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RESOLUTION NO. 2022 - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA,

DESIGNATING SPEED LIMIT
WHEREAS, the California Vehicle Code authorizes cities to designate and regulate speed zones within their jurisdictions; and WHEREAS, the City Council finds it appropriate to designate speed limits on the following local street to facilitate safe and orderly traffic flow; and
WHEREAS, said designation shall be made by resolution; and WHEREAS, the City Council finds it appropriate to designate speed limits for 1 street segment; and
WHEREAS, in accordance with the provisions of Title 12.20.020 of the La Quinta Municipal Code, an engineering and traffic survey has been performed on the specified street; and
WHEREAS, the following designated prima facie speed limit is based on the results of the engineering and traffic survey; and
Street Segment Speed Limit
(mph)
Eisenhower Drive Avenue 50 to Washington Street 45
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: the aforementioned prima facie speed limit is most appropriate to facilitate the orderly movement of traffic and to be reasonably safe.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May 2022, by the following vote:
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__________________________
LINDA EVANS, Mayor
City of La Quinta, California
Resolution No. 2022 – XXX
Designate Speed Limit on Eisenhower Drive
Adopted: May 3, 2022

Page 2 of 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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ATTACHMENT 1
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2022 Engineering and Traffic Survey
City of La Quinta

Page 2 ends

Table 1
Street Segments with Recommended Speed Changes
No STREET FROM TO
POSTED
SPEEED
LIMIT
NEW
POSTED
SPEED
LIMIT
CHANGE
30 Eisenhower Drive Washington Street Avenue 50 45 45 No Change
Table 2
Speed/ Collision Data Summary Table
ID Street Segment Dist.
(Mi.) Dir. 85% Speed
10 Mi.

Pace
% in
Pace ADT
Accident Rate Posted
Speed
Limit
Prop.

Speed
Limit
Remarks Exp. Act.
30 Eisenhower Drive Washington Street
to Avenue 50 1.32 E/W 49 38-47 66% 11,231 1.44 0.49 45 45 CA
MUTCD
OPTION 2
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CITY OF LA QUINTA

ENGINEERING & TRAFFIC SURVEY
STREET: Eisenhower Drive between Washington Street and Avenue 50 DATE: 4/7/2022 TIME: 15:00 OBSERVER: Steve Libring LOCATION: 30 PART I: HIGHWAY & ROADWAY CHARACTERISTICS
Sight Distance Obstructions?
(yes or no) S/B N/B Notes

1. Horizontal Yes Yes Horizontal Curve

2. Vertical Yes Yes Crest Curve

3. Superelevation (%) None None

4. Shoulder Conditions (paved or unpaved) Paved Paved

5. Profile Conditions (grade,%)

6. Commercial Driveway Characteristics
(at grade, dustpan, etc)
None None No driveways on
both sides

7. Pedestrian Traffic in the Roadway without
sidewalks (yes or no)
No No Sidewalk on West
side only

8. Adjacent Land Use
(residential, commercial, office, etc)
Residential Residential

9. Intersection Spacing and Offsets
(spacing, feet-offsets, yes or no)
No offsets TS at Washington,
Coachella, Avenida
Fernando, Avenue
50 10. Pavement Condition
(good, satisfactory, poor)
Good Good

11. Truck Traffic (heavy, moderate, light) Light Light

12. Channelization (# of lanes, divided,
undivided, painted, or raised median)
2 lanes with a bike
lane
2 lanes with a bike
lane
4 lanes, divided with
a raised median &
bike lanes on both
sides

13. Street Width and Alignment
(width, feet – straight or curved)
33’ 33’ 12’ raised median

14. Street Length 1.32 mi

15. Average Daily Traffic
5,171 6,060 11,231 total
Collected on
8/31/16

16. Traffic Flow Characteristics
(heavy, moderate, light)
Light Light

17. Uniformity with the Community
(yes or no)
Yes Yes

18. Heavy On-Street Parking Turnover
(yes or no)
No No No parking allowed
on both sides

19. Street Lighting Only at traffic signal
locations
Only at traffic signal
locations
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DATE: 04/07/22 DAY: Thursday TIME PERIOD: 3:00PM 3:45PM FOR ROADWAY:

SPEED TOTAL VEHICLES SURVEYED TOTAL
(MPH) EASTBOUND+WESTBOUND NB/EB SB/WB VEHICLES LIMITS (BTN): Avenue 50 and Washington 65 X 0 1 1
64 0 0 0 OBSERVATION POINT: midblock
63 X 0 1 1
62 0 0 0
61 X 0 1 1 POSTED SPEED LIMIT: 45 MPH OBSERVER:
60 0 0 0
59 X 0 1 1 COMMENTS: WEATHER:
58 X 0 1 1
57 0 0 0 ROAD SURFACE:
56 X 0 1 1
55 0 0 0 ROAD CONDITION:
54 X 1 0 1
53 X 0 1 1 DATA COLLECTION METHOD:
52 X X X 0 3 3
51 X X X X X 5 0 5
50 X X X X X X X X 6 2 8
49 X X X X X X 5 1 6
48 X X X X X X X X 4 4 8
47 X X X X X X X X X 4 5 9
46 X X X X X X X X X X X 6 5 11
45 X X X X X X X X 5 3 8
44 X X X X X X X X X X X X X X 7 7 14
43 X X X X X X X X X X X X X 5 8 13 EASTBOUND WESTBOUND EASTBOUND+WESTBOUND 42 X X X X X X X X X X X X X X X 9 6 15
41 X X X X X X X X X X X X 5 7 12
40 X X X X X X X X X 6 3 9 85TH %: 49 49 49 M.P.H.
39 X X X X X X 2 4 6
38 X X X X X X X X X 5 4 9 50TH %: 44 43 43 M.P.H.
37 X X X X X X 4 2 6
36 X X X 2 1 3 15TH %: 38 38 38 M.P.H.
35 X 0 1 1 *
34 X X 1 1 2 * 10 MPH PACE: 42 - 51 39 - 48 38 - 47 M.P.H. 33 X X 0 2 2 *
32 0 0 0 P % IN PACE: 67% 68% 66%
31 X 0 1 1 A
30 0 0 0 C % OVER PACE: 1% 17% 24%
29 X 1 0 1 E
28 0 0 0 * % UNDER PACE: 31% 16% 10%
27 0 0 0 *
26 0 0 0 * ARITHMETIC MEAN: 44 44 44 M.P.H.
25 0 0 0
24 0 0 0 SAMPLE VARIANCE: 23 43 33
23 0 0 0
22 0 0 0 STANDARD DEVIATION: 5 7 6 M.P.H.
21 0 0 0
20 0 0 0 VARIANCE OF THE MEAN: 0.27 0.57 0.20
19 0 0 0
18 0 0 0 STD. ERROR OF THE MEAN: 0.52 0.76 0.45 M.P.H.
17 0 0 0
16 0 0 0
15 0 0 0
83 77 160

EISENHOWER
RADAR

CITY OF LA QUINTA

LIBRING
SUNNY
DRY
GOOD
TO
I:\108162 - La Quinta TE Services\400-Traffic\E&T Amendment 2022\401-Radar\Eisenhower - Avenue 50 to Washington 89 Click Here to Return to Agenda
LEGEND:

CITY OF LA QUINTA

SPEED LIMITS
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $150,000 OF MATERIALS FOR FISCAL YEAR 2021/22

RECOMMENDATION
Authorize the Public Works Department to utilize Tri-State Materials to purchase up to $150,000 of materials during fiscal year 2021/22.

EXECUTIVE SUMMARY
• Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council.
• Staff requests Authority to utilize Tri-State Materials (Tr-State) to purchase up to $150,000 of materials during Fiscal Year 2021/22.

FISCAL IMPACT
The $150,000 would be charged in increments, as needed, to the appropriate account(s) should Council approve the request. Funds for purchases are budgeted in the Lighting and Landscape (215-7004-60431) and Parks (101- 3005-60431) materials accounts.

BACKGROUND/ANALYSIS
The purchasing policy requires Council approval for purchases and/or contracts over $50,000. In FY 2021/22, the City has purchased materials in the amount of $48,711 from Tri-State.

Tri-State provides quality materials and is the select source for the decomposed granite (DG) color utilized in City landscape projects. The City frequently purchases DG, gravel, and crushed stone from Tri-State. Staff will continue to compare prices and material selections to obtain the best value and quality materials to be used in landscape renovation.

This spending authority would allow maintenance projects in City medians and parks to continue without interruptions to scheduled work. .

CONSENT CALENDAR ITEM NO. 11
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ALTERNATIVES
Staff could request approval from Council for any future purchases from Tri-State on a per project basis. However, this approach would delay work schedules.

Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works Director/City Engineer 92 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR
CONTRACT SERVICES WITH ST. FRANCIS ELECTRIC FOR ON-CALL TRAFFIC

SIGNAL REPAIR SERVICES

RECOMMENDATION
Approve Amendment No. 1 to Agreement for Contract Services with St.

Francis Electric in an amount not to exceed $125,000 per year, to provide oncall traffic signal repair services; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
• Repairs to the City’s traffic signals can require specialized equipment and certain expertise that staff does not possess or needed service at times when staff is not available.
• In 2019, staff solicited proposals for on-call traffic signal repair services from qualified firms.
• St Francis Electric was selected as the best qualified firm and an Agreement for Contract Services was executed.
• There have been a record number of pole knockdowns in FY 2021/22 and additional funding for repair services is needed.

FISCAL IMPACT
This amended not to exceed annual agreement amount of $125,000 could cost up to $375,000 during FY 2021/22 and the 2-year extended term through FY 2023/24. Funds are available in Traffic Signal Maintenance 2122TMI (401- 0000-60188) for 2021/22. Funding will be budgeted in the subsequent fiscal years.

The following table shows the existing and requested not-to-exceed contract authority amounts through the extended term:

CONSENT CALENDAR ITEM NO. 12
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Fiscal Year Existing Contract
Authority Amount
Requested Amended
Contract Authority
Total
Increase
FY 2021/22 $75,000 (expended) $125,000 $50,000
FY 2022/23 $75,000 $125,000 $50,000
FY 2023/24 $75,000 $125,000 $50,000
TOTAL: $225,000 $375,000 $150,000

BACKGROUND/ANALYSIS
In August 2019, the City received three proposals in response to the on-call traffic signal repair services request for proposals. Staff reviewed the proposals and St. Francis Electric was selected as the top ranked firm; St.

Francis Electric was the most cost effective and qualified firm. They have provided high quality services over the course of their agreement term.

In FY 2021/22 there have been a record number of pole knockdowns, the budget of $75,000 has been expended and additional funding is needed for traffic signal repair services. Staff requests an additional $50,000 of contract authority per year for this fiscal year and the two-year extended term of the St Francis Electric contract through FY 2023/24 (total of $150,000 over the three years), for a total not to exceed amount of $125,000 per year, or up to $375,000 through the extended term.

ALTERNATIVES
Council could elect not to approve the amendment, or recommend an alternative funding amount.

Prepared by:

Approved by:

Attachment:

Julie Mignogna, Management Analyst
Bryan McKinney, Public Works Director/City Engineer

1. Amendment No. 1 to Agreement for Contract Services with St. Francis Electric
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AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
WITH ST. FRANCIS ELECTRIC
This Amendment No. 1 (“Amendment No. 1”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 4th day of May, 2022, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and St. Francis Electric (“Contracting Party”).

RECITALS
WHEREAS, on or about September 18, 2019, the City and St. Francis Electric entered into an Agreement to provide services related to On-Call Traffic Signal Repair, for a total not to exceed amount of $75,000 per year for the life of the agreement. The term of the Agreement expires on June 30, 2022 (“Initial Term”); and
WHEREAS, Section 2.1 Contract Sum of the Agreement shall be amended to include additional compensation in an amount not to exceed $50,000 per year for the life of the agreement, for a not to exceed amount of $125,000 per year for the life of the agreement.

WHEREAS, pursuant to Section 3.4 Term, the City and St. Francis Electric mutually agree to extend the term of the agreement for one additional two-year term from July 1, 2022, through June 30, 2024 (“Extended Term”); and
NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:

1. Section 2.1 – Contract Sum is amended to read as follows:

2.1 Contract Sum. For the services rendered pursuant to this Agreement for Fiscal Year 2021/2022 through Fiscal Year 2023/24, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000) per year for the life of the agreement encompassing initial terms and Amendment 1, except as provided in Section 1.7.

ATTACHMENT 1
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Exhibit B – Budget is amended as attached in “Exhibit B”, attached hereto and made apart hereof.

2. Section 3.4 – Term is amended to read as follows:

Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the Extended Term shall terminate on June 30, 2024.

In all other respects, the original Agreement shall remain in effect. 96 Click Here to Return to Agenda
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.4 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA ST. FRANCIS ELECTRIC
a California municipal corporation
____ _______________________
JON McMILLEN, City Manager Guy Smith, Vice President
City of La Quinta, California
Dated: ___________________ Dated: ______________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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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 Consultant under this Agreement in Fiscal Year 2021/2022 through Fiscal Year 2023/2024 is One-Hundred Twenty-Five Thousand Dollars ($375,000) (“Contract Sum”). The Contract Sum shall be paid to St. Francis Electric in conformance with Section 2.4 of the Agreement.

Total Authorized Amount:

FY 2021/22 $125,000
FY 2022/23 $125,000
FY 2023/24
TOTAL:
$125,000
$375,000
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE MACIAS NURSERY, INC. TO PURCHASE UP TO $100,000 OF PLANT MATERIALS FOR FISCAL YEAR 2021/22

RECOMMENDATION
Authorize the Public Works Department to utilize Macias Nursery, Inc. to purchase up to $100,000 of plant materials during fiscal year 2021/22.

EXECUTIVE SUMMARY
• Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council.
• Staff requests Authority to utilize Macias Nursery, Inc. (Macias) to purchase up to $100,000 of plant materials during Fiscal Year (FY) 2021/22.

FISCAL IMPACT
The $100,000 would be charged in increments, as needed, to the appropriate account(s) should Council approve this request. Funds for purchases are budgeted in the Lighting and Landscape (215-7004-60431) and Parks (101- 3005-60431) materials accounts.

BACKGROUND/ANALYSIS
The purchasing policy requires Council approval for purchases and/or contracts over $50,000. In FY 2021/22, the City purchased plants and trees from Macias for maintenance projects along the Bear Creek trail, Avenue 54, and Fire Station

32. Plant and tree replacement at the center medians will continue on Madison Street from Avenue 54 to Avenue 58.

Macias provides quality plant material, and has a wide selection of desert native, and lush and efficient plants. They offer a variety of trees that have not been available from other nurseries. Macias prices for plants and trees are typically lower than other nurseries.

This spending authority would allow maintenance projects in City medians and parks to continue without interruptions to scheduled work.

CONSENT CALENDAR ITEM NO. 13
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ALTERNATIVES
Staff could request approval from Council for any future purchases from Macias on a per project basis. However, this approach would delay work schedules.

Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works Director/City Engineer 100 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL: May 3, 2022

STAFF REPORT
AGENDA TITLE: APPROVE DESIGN OF THE GOLD STAR FAMILY MONUMENT

AND ART PURCHASE AGREEMENT WITH SELECTED ARTIST FOR THE DESIGN

AND BUILD OF THE MONUMENT, APPROPRIATE ADDITIONAL FUNDS, AND

AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT

RECOMMENDATION
Approve Design of Gold Star Family Monument and Art Purchase Agreement with selected artist for design and build of the Monument; appropriate funds and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 At the October 5, 2021 City Council meeting, Council requested a Gold Star Family component be included into the Veterans Acknowledgement Monuments and into the annual Veteran’s Day Recognition ceremony. 0  On January 6, 2022, a request for proposals (RFP) was issued for the design and build of a Gold Star Family Monument and distributed to the City’s pre-qualified artist list.
 Three (3) artist submissions were received and presented to the Community Services Commission (Commission). The Commission is recommending their top three choices for Council consideration (Attachment 1).

FISCAL IMPACT
Funds of $50,000 with a 20% contingency for a total of $60,000 have been budgeted for the design and construction of the monument and will be taken from the Art in Public Places Art Purchase budget (Account No. 270-0000- 74800). $20,000 is available from account 270-0000-74800; if approved, a budget adjustment of $40,000 from fund balance would be needed and would allow for the project cost plus a 20% contingency.

BACKGROUND/ANALYSIS
The title of Gold Star Family is reserved for families of military members who have died in the line of duty and is meant to honor the service member’s ultimate sacrifice while acknowledging their family’s loss, grief, and continued healing. La Quinta has a long-standing tradition of honoring veterans by hosting the annual Veterans Recognition Ceremony, during which local veterans have BUSINESS SESSION ITEM NO. 1
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their names, ranks, and dates of service engraved on the Veterans Acknowledgement Monuments that were installed in Civic Center Park in 2000.

The artist submissions have been reviewed by the Community Services Commission and their top three choices are being presented to Council for consideration.

The Commission’s first choice and favorite design was submitted by artist Cassandra Burgess (see 1st choice shown on Attachment 1). Before creating her design, Cassandra met with a Gold Star mom whose son passed away while serving in Afghanistan. The design features a plaque representing the Gold Star Family flag. The plaque includes attachable panels for engraving names on both the front and the back. The mother figure depicted in the sculpture has her hand on the engraved names while a gold star is hollowed out of her, representing a hole that can never be replaced.

The second choice of the Commission was provided by CJ Rench of CJR Design Studios (see 2nd choice shown on Attachment 1). This concept features three bronze stars layered with a set of smaller stars and includes removable panels for engraving names and military information. The center features a 3D glass star, and the body of the work is hollow through the back so light can shine through. The stars sit on a five-point star base with angled areas to add additional words of comfort or quotes in support of the families and soldiers.

The third concept was submitted by the artist Aragorn (see 3rd choice on Attachment 1). The artist hopes to evoke reflection on the strength and sacrifice soldiers give for their country. The concept features a large triangular steel panel with cut out repeated silhouettes of a soldier, stacked in a pyramid format, yet fallen at 45 degrees. The lines between the soldiers provide space for the placement of names and additional information. The supporting steel is made up of a randomized flow of silhouetted human figures that represent the emergent souls of fallen soldiers arching up from the ground to lift the viewers vision as the souls seemingly float away into the sky.

The artists estimate that the design, build, and installation of the monument will take 8-9 months. The process of requesting Gold Star Family names to be added to the monument will be overseen by staff and follow a model similar to adding veteran honoree names to the Veterans Acknowledgement Monuments.

ALTERNATIVES
Council may reject the recommendations and direct staff to seek additional design concepts.

Prepared by: Michael Calderon, Community Resources Analyst Approved by: Chris Escobedo, Community Resources Director Attachments: 1. Gold Star Family Monument Recommendations

2. Artist Agreement
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1 1st Choice
Artist: Cassandra Burgess
Estimated Cost: $71,000.00
ATTACHMENT 1
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2 2nd Choice
Artist: CJ Rench
Estimated Cost: $48,000.00
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3 3rd Choice
Artist: Aragorn
Estimated Cost: $65,000—$75,000
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ART PURCHASE AGREEMENT
THIS ART PURCHASE AGREEMENT (the “Agreement”) is entered into and effective this 27 day of May 2022, by and among THE CITY OF LA QUINTA, a California municipal corporation (“City”), and TBD ARTIST (“Artist”).

R E C I T A L S
A. A goal of the Cultural Resources Element of the 2035 La Quinta General Plan (“General Plan”) is to provide enrichment of the community by adequate cultural and recreational facilities and activities. To implement this goal, the General Plan further states that the cultural resources of a city encompass those facilities and programs which refresh, enhance or recreate people’s bodies and spirits. Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification.

The art in public places program is intended to achieve this purpose by providing visual art throughout the City.

B. The City Council has previously determined that visually pleasing and high quality public art enhance the public safety and welfare of La Quinta residents and visitors. For the benefit of its citizens and visitors, the City Council is commissioning the creation and installation of certain artwork (the “Artwork”) by Artist to be located at Civic Center Park, 78495 Calle Tampico, La Quinta, CA 92253 (the “Site Location”):

NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises, covenants, and conditions contained hereinafter, the parties hereto agree as follows:

ARTICLE I. SCOPE OF SERVICES AND PAYMENT

1.1 Scope of Design and Fabrication Services. Subject to the terms and conditions set forth in this Agreement, Artist shall (i) prepare, or cause to be prepared, conceptual design plans for the Artwork, including setting forth details and samples of the materials to be used and composition of the proposed Artwork; (ii) based on the conceptual design plans approved by City, develop working drawings which shall be incorporated into the Schedule of Performance attached hereto as Exhibit B; and (iii) fabricate and install the Artwork as more particularly described in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference (the “Design and Fabrication Services”). Artist shall perform his/her obligations in strict conformance with the terms and conditions set forth in this Agreement and shall take all other actions necessary and incidental to the performance of said obligations.

ATTACHMENT 2
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1.2 Periodic Review. City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to City regular progress narratives, including photographs, as required by the Schedule of Performance set forth in Exhibit B. The narratives shall clearly state the percentage of the Artwork completed to date and provide an estimated completion date.

1.3 Materials and Labor. Artist shall furnish all tools, equipment, apparatus, labor, services, materials and transportation necessary to perform the Design and Fabrication Services more fully described in Exhibit A and to install the Artwork, together with any appurtenances thereto, in a good and workmanlike manner in the Site Location as more fully described in said Exhibit A or reasonably inferable therein. If Artist fails to furnish the labor, equipment, and or services necessary to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in this Agreement, be liable to City for all losses or damages that City may suffer as a result of such failure, including any additional costs incurred by City in obtaining such material or labor from other sources. It is understood and agreed that all said labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of City.

1.4 Change Orders. Artist shall strictly adhere to the Scope of Design Build Services set forth in Exhibit A, unless a change there from is authorized in writing by City. Artist shall present to City in writing for its review and advance approval any and all significant changes to the Artwork not permitted by or in substantial conformity with the approved working drawings and the Scope of Design Build Services set forth in Exhibit A. If City grants such approval, the terms of said change shall be memorialized in a written change order signed by the parties hereto prior to commencement of said revised work. For the purposes of this section, a “significant change” is any change in the scope, design, color, size, material, texture, or site location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services set forth in Exhibit A.

1.5 Working Environment. Artist shall, at all times, maintain a safe work area and provide safe access to both the Artwork and the sites wherein the Artwork is located prior to installation at the Site Location for inspection of the Artwork by City and its representatives.

1.6 Testing and Inspections. Where specifications require the Artwork to be specially tested or approved, Artist shall not perform such testing, or cause such testing to be performed, until (1) Artist has first provided timely notice 108
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to City that the Artwork is ready for inspection and/or testing, and (2) City has inspected and approved of the Artwork or consented to said testing in writing. Artist shall, at its sole cost and expense, perform all work required to comply with scheduled inspections and testing, and any requests for corrections City or other inspection authorities make as a result of such inspections or testing.

1.7 Post-Creation Obligations.
a. Artist shall notify the City in writing when the fabrication of the Artwork is complete and ready for delivery and installation at the Site Location.
b. Upon completion of the Artwork, and at all times during creation and installation of the Artwork, the Artist shall comply with all applicable statutes, ordinances, and regulations of any governmental agency having jurisdiction over Artist or the Artwork.
c. Artist shall ensure that the Artwork is installed in a safe manner, and is designed to withstand the forces of nature it is expected to be exposed to during its lifetime, including, but not limited to, wind, rain, and sun, as reasonable for artwork of a similar nature. Artist is not responsible for repair or replacing the Artwork due to vandalism, earthquake, or other casualty.

1.8 Post-Installation Obligations.
a. Artist shall be available at such reasonable time or times as may be agreed between City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork.
b. City shall have the right to arrange for publicity for the completed Artwork by local media and publications and as otherwise as may be determined by City, in its sole and absolute discretion, following installation.
c. Upon installation of the Artwork, Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

1.9 Final Acceptance. Artist shall advise City in writing when Artist believes that the Artwork and the installation of the Artwork at the Site Location are complete. Following receipt of such notice, City shall cause the installed Artwork to be inspected. Within five (5) working days following completion of such inspection(s), City shall either (i) provide Artist with reasonably specific 109 Click Here to Return to Agenda
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written objections, and a list of necessary corrections to the installed Artwork that Artist must complete, or (ii) notify Artist of its acceptance of the Artwork by issuing a Notice of Completion in the form attached hereto as Exhibit D.

Said Notice of Completion shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement.

1.10 Risk of Loss. Artist shall bear the risk of loss or damage to the Artwork during fabrication and installation until City issues the Notice of Completion indicating its acceptance of the Artwork as provided in Section 1.9. Upon Artist’s receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by City. Prior to City’s issuance of the Notice of Completion, Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until final acceptance by City.

1.11 Compensation to Artist. City agrees to pay Artist for the Artwork the compensation set forth in Exhibit C. The total compensation to be paid to Artist shall not exceed TBD Dollars ($). The parties agree that said compensation represents full payment to Artist for the design, fabrication and installation of the Artwork, including compensation for all professional services and reimbursement for expenses, and City shall have no additional financial obligations under this Agreement.

ARTICLE II. TIME OF PERFORMANCE

2.1 Time. Artist shall perform his/her obligations under this Agreement in a punctual and diligent manner and in accordance with the Schedule of Performance attached hereto as Exhibit B. In the event Artist fails to perform fully any and all of the covenants and obligations under this Agreement, then City may, at its option, after first giving fifteen (15) days written notice to cure to Artist, provide any such labor and materials as may be necessary for the completion of the Artwork. In the event Artist fails to cure within the fifteen (15) day period, City may deduct the cost of said labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by City is completely finished. Upon completion of the work, if the unpaid balance of the amount to be paid to Artist under this Agreement exceeds the expenses incurred by City in securing labor and materials from other sources and/or in finishing Artist’s work, such excess shall be paid to Artist. Conversely, if the expenses incurred by City as described above exceed the unpaid balance due to Artist, then Artist shall promptly pay to City the amount by which such expenses exceed the remaining unpaid balance. The expenses incurred by City, as herein provided, shall be chargeable to and paid by Artist.
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ARTICLE III. WARRANTIES

3.1 Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist and Artist is the creator and owner of the Artwork design; (b) the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; (d) to the best of his/her knowledge, the Artwork is not presently subject to claims of ownership, lien or encumbrance or to common law or statutory copyright claims of any other person, institution, or domestic or foreign government; and (e) that the Artwork is free and clear of any and all encumbrances and/or monetary liens. Artist covenants to defend (with counsel selected by City), indemnify and hold City, and City’s elected and appointed officials, officers, employees, servants, attorneys, volunteers, and agents harmless from any loss, claim, or liability in any way related to a claim that that the Artwork violates federal, state or local laws, or any contractual provisions, relating to copyrights, trade names, licenses, franchises, patents, or other means of protecting interests in products or inventions. Artist shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the Artwork produced under this Agreement. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Artist shall, at his/her expense, either (a) secure for City the right to continue exhibiting the Artwork by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Artwork so that it becomes non-infringing. The covenant and warranties set forth in this Section 3.1 shall survive the termination of this Agreement.

3.2 Quality and Condition. Artist represents and warrants, except as otherwise disclosed to City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by Artist to City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after acceptance of the Artwork as evidenced by a Notice of Completion issued in accordance with Section 1.9, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the acceptance of the Artwork. City shall give written notice to Artist of any observed and claimed breach with reasonable promptness. Artist shall, at the request of City, and at no cost to City, cure reasonably and promptly the breach of any such warranty which is curable by Artist and which cure is consistent with professional conservation standards (including, for example, 111 Click Here to Return to Agenda
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cure by means of repair or refabrication of the Artwork).

ARTICLE IV. LOCATION AND DISPLAY OF ARTWORK

4.1 Location/Display. Notwithstanding any other provision of this Agreement, Artist hereby acknowledges and agrees that City shall have sole and absolute discretion on the determination of the location and placement of the Artwork at the Site Location. Artist further acknowledges and agrees that City may determine to remove the Artwork in its sole and absolute discretion.

ARTICLE V. PERFORMANCE BONDS

5.1 Bonds. Artist shall not be required by City to post any performance bonds or similar undertakings. Nevertheless, Artist shall prevent any lien from attaching to the Artwork or the Site Location by any person or entity claiming under Artist.

ARTICLE VI. PARTY REPRESENTATIVES

6.1 City Representative. For the purposes of this Agreement, City’s representative shall be the Director of Community Services, or such other person as that Director designates in writing (hereinafter the “City Representative”). It shall be Artist’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and obligations more particularly described in Exhibit A, and Artist shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

6.2 Artist Representative. For the purposes of this Agreement, TBD Artist (“Artist”) is the sole principal and representative of Artist authorized to act in his/her behalf with respect to the services specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of Artist were a substantial inducement for City to enter into this Agreement. Therefore, Artist shall be responsible during the term of this Agreement for performing or directing all activities of Artist and devoting sufficient time to personally perform or supervise, as appropriate, the services hereunder. Artist may not assign all or any of his/her obligations under this Agreement without the prior written approval of City.

ARTICLE VII. OWNERSHIP OF ARTWORK; REPRODUCTION RIGHTS

7.1 Ownership of Artwork. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during installation and shall pass to and vest in 112 Click Here to Return to Agenda
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City upon (i) the commencement of the installation process and the full payment of the compensation described in Exhibit C or (ii) Termination of this Agreement.

7.2 Intellectual Property. Upon issuance of the Notice of Completion, title to all copyright and other intellectual property rights in the Artwork shall also pass to and vest in City. City shall have all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork, including ownership and possession. Artist shall retain no rights in the Artwork and shall have no rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq. In view of the intention that the Artwork shall be unique, Artist shall not make any duplicates or reproductions of the final artwork, nor shall Artist grant permission to others to do so. The parties recognize that City alone may grant such approval. City and its assigns may make reproductions of the Artwork for commercial purposes, including but not limited to reproductions used in posters, advertising, brochures, media publicity, and catalogues, provided that these rights are exercised in a tasteful and professional manner. All proceeds from such reproductions shall belong to the City. All reproductions of the Artwork by City shall include a credit to Artist and identify the location of the Artwork.

ARTICLE VIII. ADDITIONAL ARTIST OBLIGATIONS

8.1 Artist’s Address. Artist shall notify City of any change in address. City shall take reasonable effort(s) to locate Artist when matters arise relating to the Artist’s rights under this Agreement.

8.2 Surviving Covenants. The covenants and obligations set forth in this Article VII shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees, and all their successors in interest, and City’s covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist’s estate shall assume the surviving covenants and obligations of Artist set forth in this Article VII.

8.3 Independent Contractor. Artist is, and shall at all times remain as to City, a wholly independent contractor. Artist shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Artist or any of Artist’s employees (if any), except as set forth in this Agreement. Artist shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Artist agrees to pay all required taxes on amounts paid to Artist 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 113 Click Here to Return to Agenda
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the independent contractor relationship created by this Agreement. Artist shall fully comply with the workers’ compensation law regarding Artist and its employees (if any). Artist further agrees to indemnify and hold City harmless from any failure of Artist to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any fees due to Artist under this Agreement any amount due to City from Artist as a result of Artist’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 7.3.

ARTICLE IX. ARTIST’S RIGHTS AND RELATED CITY’S OBLIGATIONS

9.1 Identification. The Artist shall place his or her signature on a plaque near the artwork or directly on the mural identifying Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair for as long as the Artwork is displayed.

9.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. Until such time as City determines it no longer wishes to display the Artwork, City shall maintain the Artwork.

9.3 Repairs and Restoration.
a. City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. At City’s option, Artist, during Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that City and Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon Artist's fee for such services. City shall have no obligation to utilize the services of Artist in this respect if it chooses to have the repairs and restoration done by other professionals. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein.
b. All repairs and restorations shall be made in accordance with recognized principles of conservation.

9.4 Maintenance, Alteration and Removal of the Artwork. a. City shall maintain Artwork in a manner that City determines appropriate in its sole discretion. All decisions regarding alterations to, or relocation or removal of, the Artwork are within the sole and absolute discretion of the City.
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b. If any alteration is made to the Artwork without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and the rights and protection afforded Artist thereunder. Artist, on behalf of him/herself and on behalf of his/her successors, heirs, and assigns, hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City, and its elected and appointed officials, officers and employees arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature, or any other type of moral right protecting the integrity of works of art to the fullest extent permitted by law. Without limiting the generality of the foregoing, Artist expressly waives any rights under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws relating to the location, placement, or removal and disposal of the Artwork.
c. The parties acknowledge and agree that because the Artwork is being installed at the roundabout located at Eisenhower Drive and Calle Sinaloa that is owned by the City, it will not be possible to preserve the Artwork if the City determines that it no longer wishes to have the Artwork on display at that Site Location. By way of example, the parties recognize that is would not be feasible or practical to relocate the Artwork after it is installed. For this reason, the parties agree that City shall have the right at any time and for any reason, to remove, destroy, or otherwise dispose of the Artwork, and Artist shall have no right to notice of such actions. City shall have no obligation to preserve the Artwork if it determines it no longer wishes to display the Artwork. In addition, should City transfer property containing the Site Location to a third party, all obligations of City under this Agreement shall terminate.

9.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork.

ARTICLE X. ASSIGNMENT OR TRANSFER

10.1 Artist shall not assign or transfer any interest in this Agreement without the prior written consent of City. If the assignment is approved, the parties shall enter an assignment and assumption agreement. Any attempt by Artist to assign, transfer, or subcontract any rights, duties, or obligations arising hereunder without City’s prior written consent shall be null, void and of no 115 Click Here to Return to Agenda
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effect.

ARTICLE XI. TERMINATION

11.1 City may, at its option, by written notice to Artist, terminate this Agreement either upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from City to Artist (“Termination”). Upon Termination, except as provided in this Agreement, all parties shall be released from all further obligations and liability hereunder.

Effective upon Termination, the Artwork, or so much thereof as has then been completed, shall be transferred to and shall belong to City. In such event and upon Artist’s written request, City shall remove Artist’s name from the Artwork.

ARTICLE XII. INSURANCE AND INDEMNIFICATION.

12.1 Insurance. Prior to the commencing any work under this Agreement and throughout the duration of the term of this Agreement, Artist shall procure and maintain, at Artist’s sole cost and expense, and submit to City 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.

12.2 Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend 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.

ARTICLE XII. GENERAL PROVISIONS

12.1 Notices. All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given (a) upon the delivery or receipt thereof, as the case may be, if delivered personally or recognized overnight courier service; or (b) on the third business day following deposit in the United States mail, sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows:

CITY: ARTIST:

City of La Quinta TBD NAME
Attn: Michael Calderon ADDRESS
78495 Calle Tampico ADDRESS
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La Quinta, CA 92253

12.2 Nondiscrimination. In the performance of the services under this Agreement, neither Artist nor City shall discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended.

12.3 Entire Agreement. This Agreement and all exhibits attached hereto and incorporated herein by reference, embodies the entire integrated agreement and understanding between the parties hereto. There are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above.

12.4 Modification. This Agreement and each of the terms embodied herein may be amended, altered, changed, or modified only by a written instrument signed by each party hereto and approved by appropriate action of City.

12.5 Waiver. No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance.

12.6 Governing Law; Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, or in the Federal District Court in the district of California which includes Riverside County.

12.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City and Artist, and their respective heirs, personal representatives, successors, and permitted assigns.

12.8 Severance. If any provision(s) of this Agreement is declared to be invalid, void, or illegal, such provision(s) shall be severed from this Agreement and shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 117 Click Here to Return to Agenda
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12.9 Substitution. Whenever in the specifications of materials or process the Scope of Design Build Services indicates or specifies materials or processes by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words “OR EQUAL,” and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. Artist shall not offer any substitute material or process if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by City.

12.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing or is a natural person, (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 permitted assigns of the parties.

12.11 Force Majeure. In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform.

An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist.

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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.

12.13 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.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above.

CITY OF LA QUINTA, a California Municipal Corporation
By: By: _______________________
JON MCMILLEN, City Manager TBD, Artist
City of La Quinta, California
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:

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

SCOPE OF DESIGN BUILD SERVICES
I. SCOPE OF WORK
a. Artist shall furnish all labor, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. b. Artist is responsible for submitting all required documents relating to the Artwork design so that all required approvals may be obtained in a timely manner.
c. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the Artist shall not be charged to the City unless the City has agreed to such charge in writing.
d. Artist shall complete the design in sufficient scale and detail as required by the City for approval.
e. Artist's design shall be subject to approval by the City. f. Artist is not authorized to utilize the Site Location to display artworks (other than the Artwork which is the subject of this Agreement), and is not authorized to conduct any sales activities at the Site Location. g. Should the City wish to create reproductions of the Artwork, Artist shall cooperate with the City’s efforts, and shall execute any necessary consent forms, waivers, or other required documentation. The City owns all rights with regarding to the Artwork, including the right of reproduction in the form of miniature replicas of the sculpture, photographs, prints and posters, and has the right to sell these items.

II. GENERAL ITEMS OF INCLUSION:

As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following:
a. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist’s complete acceptance of all substrates as compatible with the work under this Agreement.
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b. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work.
c. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. Artist shall keep his work area in a neat and orderly manner, consistent with the operation of the Site Location, which will be open to the public during the installation. The Artist shall be responsible for all necessary signage or barricades to protect the Artwork and the general public during the installation. d. Artist shall provide for all unloading and bracing for the Artwork, and shall ensure that the area in which he is working is maintained in a safe and orderly manner.

III. SPECIFIC ITEMS OF INCLUSION
a. Artist will fabricate one bronze Gold Star Family monument. The monument will feature removable panels with ample space for engraving names, ranks, and information of service members and their families. The sculpture will stand TBD feet in height. b. Patina will be of traditional bronze and copper colors. c. The sculpture will be placed on a fabricated pedestal and attached to a TBD measurements slab of concrete as recommended by the City Engineer.
d. The height of the pedestal will be determined by City staff. e. The Artist and any other individuals working on this project at the site location will be required to obtain an encroachment permit with the Public Works department, at no cost to Artist, prior to installation. f. Artist shall be required to possess a City of La Quinta business license.
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EXHIBIT B

SCHEDULE OF PERFORMANCE
SCHEDULING:

The project will take approximately TBD months to complete once instructed to proceed.

REVIEWS:

The Community Resources Director will have regular visits and shall receive written progress reports from the Artist.

The project may be reviewed by Public Works staff and the City Engineer as deemed appropriate. Any comments made by the City Engineer shall be addressed by the Artist.
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EXHIBIT C

SCHEDULE OF COMPENSATION
SCHEDULE OF PAYMENT TO ARTIST BY CITY:

City shall pay Artist within fourteen (14) days of execution of this Agreement, a deposit in the amount of: TBD
Final payment shall be made within fourteen (14) days of Artist’s receipt of the Notice of Completion.

Total Not to Exceed: TBD
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EXHIBIT D

NOTICE OF COMPLETION FOR ARTWORK
Piece of Artwork: [Gold Star Family Monument]
WHEREAS, by that certain Art Purchase Agreement dated May 27, 2022 (“Agreement”), THE CITY OF LA QUINTA, a California municipal corporation (“City”) contracted with TBD (“Artist”) to provide certain “Artwork” (as defined in the Agreement); and,
WHEREAS, as referenced in the Agreement, City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and,
WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed.

NOW, THEREFORE, the City hereto certifies as follows:

1. As provided in the Agreement, City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed.

2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement.

IN WITNESS WHEREOF, City has executed this certificate this TBD day of TBD month, TBD year.

CITY OF LA QUINTA, a California Municipal Corporation
By:

Chris Escobedo, Director – Community Resources
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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)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Artist 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 Artist's acts or omissions rising out of or related to Artist'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 Artist's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder.

Artist shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Artist, its officers, any person directly or indirectly employed by Artist, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Artist's performance under this Agreement. If Artist or Artist’s employees will use personal autos in any way on this project, Artist 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 Artist's performance hereunder and neither City nor its insurers shall be required to contribute to such loss.

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acts, errors or omissions of Artist 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.

Artist 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.

Artist 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, Artist 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 Artist’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 Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Artist to stop work under this Agreement and/or withhold any payment(s) which become due to Artist hereunder until Artist 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 Artist'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 Artist may be held responsible for payments of damages to persons or property resulting from Artist's or its subcontractors' performance of work under this Agreement.

E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Artist. Artist and City agree to the following with respect to insurance provided by Artist:

1. Artist 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. Artist also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Artist, or Artist’s employees, or agents, from waiving the right of subrogation prior to a loss. Artist agrees to waive subrogation rights against City regardless of the applicability of any 127 Click Here to Return to Agenda
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insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Artist and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in
compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Artist shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Artist’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 Artist or deducted from sums due Artist, at City option.

8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Artist 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. Artist agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Artist, provide the same minimum insurance coverage required of Artist.

Artist 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. Artist agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

10. Artist agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its 128 Click Here to Return to Agenda
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obligations to City. If Artist’s existing coverage includes a deductible or selfinsured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Artist, 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 Artist ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Artist, 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. Artist acknowledges and agrees that any actual or alleged failure on the part of City to inform Artist of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

14. Artist will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

15. Artist 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 Artist’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.

16. The provisions of any workers’ compensation or similar act will not limit the obligations of Artist under this agreement. Artist 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.

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and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

20. Artist 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 Artist 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. Artist agrees to provide immediate notice to City of any claim or loss against Artist 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

INDEMNIFICATION
F.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Artist’s services, to the fullest extent permitted by law, Artist 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 Artist 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 cause in whole or in part by any negligent or wrongful act, error or omission of Artist, its officers, agents, employees or subcontractors (or any entity or individual that Artist shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Artist 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 Artist.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Artist 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 Artist or by any individual or entity for which Artist is legally liable, including but not limited to officers, agents, employees, or subcontractors of Artist.

F.2 Standard Indemnification Provisions. Artist agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Artist in the performance of this Agreement. In the event Artist fails to obtain such indemnity obligations from others as required herein, Artist 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 herein is binding on the successors, assigns or heirs of Artist and shall survive the termination of this agreement or this section. a. Limitation of Indemnity. Without affecting the rights of City under any provision of this agreement, Artist 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 131 Click Here to Return to Agenda
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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 Artist will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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City of La Quinta
CITY COUNCIL MEETING: May 3, 2022

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH INSITE LANDSCAPE ARCHITECTURE, INC. TO PROVIDE MASTER PLANNING

SERVICES FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT LOCATED ON THE CORNER OF AVENUE 52 AND AVENIDA BERMUDAS (PROJECT NO. 2021-02)

RECOMMENDATION
Approve Agreement for Contract Services with IN-SITE Landscape Architecture, Inc. in the amount of $79,375 to provide Master Planning Services for the Fritz Burns Park Improvements Project No. 2021-02; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 Fritz Burns Park (Park) is located on the corner of Avenue 52 and Avenida Bermudas (Attachment 1) and currently contains:
o Swimming pool
o Children's play area
o Picnic tables & benches
o Men’s and women’s restrooms
o 6 tennis courts
o 8 pickle ball courts
o Water Feature
o Skate park
o Dog park
o Parking lot and off-street parking
 Additional park amenities were identified as a community priority at the 2021 La Quinta Community Workshop, and funding for the Fritz Burns Park Improvements Project (Project) has been included in the City’s Capital Improvement Program (CIP).
 A request for proposals (RFP) for master planning services was issued in January 2022 and two proposals were received (Attachment 2).  IN-SITE was selected as the most qualified firm to provide the requested services (Attachment 3).

BUSINESS SESSION ITEM NO. 2
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FISCAL IMPACT
The Fiscal Year (FY) 2021/22 CIP includes funding in the amount of $350,000 to complete master planning services for the Project. There are sufficient funds in the project budget (401-0000-60185 202102D) for the proposed $79,375 contract with IN-SITE. Any remaining budget funds will be used for preliminary and final design. Additional funding for design is proposed in the CIP currently under development for FY 2022/23 and construction in FY 2023/24.

BACKGROUND/ANALYSIS
The total project area is 7.5 acres, located on the corner of Avenue 52 and Avenida Bermudas. The Fritz Burns property was donated to the City of La Quinta to serve as noncommercial public space. The property currently has a regional park and is adjacent to the City’s Corporate Yard and Fire Station #32. The park contains a swimming pool, children's play area, picnic tables & benches, men’s and women’s restrooms, 6 tennis courts, 8 pickle ball courts, a water feature, a skate park, a dog park, parking lot and off-street parking.

During the 2021 La Quinta Community Workshop, additional amenities at Fritz Burns Park was identified as a community priority. Subsequently, funding was included in the FY 2021/22 CIP to provide master planning services for the Fritz Burns Park Improvements Project.

Staff is currently proposing to keep all existing park amenities, including courts, dog parks, skate park, playground, pool, and pool building. The prioritized phased master planning effort will identify a potential reconfiguration and consider additional park amenities. These amenities may include, but are not limited to pickle ball courts, parking, shade and misting, spectator and participant seating, pedestrian lighting, updated and increased bathrooms, fencing, a splash fountain, and location for trash collection for larger events that can be secured. Turf removal will be limited as much as possible. The tear drop property north of the park is in consideration to be incorporated for the improvements.

The prioritized phased master plan scope for Fritz Burns Park includes:
o Community outreach to determine community priorities; o Possible integration of existing Fritz Burns Park with the tear drop property north of the park;
o Locations of additional park amenities and relocation of existing park amenities;
o Construction estimates for each phase and option;
o Presentation of options and phasing to both City Council and Community Services Commission.
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Staff circulated an RFP for Fritz Burns Park master planning services, and two qualified firms submitted proposals. The selection committee, comprised of staff from the Community Resources, Planning and Public Works departments, interviewed both IN-SITE and David Volz Design; IN-SITE was selected as the most qualified firm.

ALTERNATIVES
Staff does not recommend an alternative.

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

2. IN-SITE Proposal

3. IN-SITE Agreement
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ATTACHMENT 1
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STATEMENT OF QUALIFICATIONS

PRELIMINARY PARK PROGRAMMING ASSESSMENT
As part of our commitment to the success of this project and as part of our proposal response, we have begun to analyze the park program elements and relaƟonship to each other, the park’s aestheƟc, and the sense-ofplace within the park’s regional context. Please note, these are preliminary ideas that we prepared to illustrate design concepts to the City as part of our proposal and approach. They are not intended to convey the final design of the park. Once selected for the project, our team will work with the City and community to prepare the park master plan taking into account all the City’s goals as a coordinated team player with the City.

UNDERSTANDING AND APPROACH
Our approach to the master plan process first
starts with what exisƟng faciliƟes should remain in place which faciliƟes should be relocated or redesigned. In our opinion, since the skate park and dog park would be the least
negaƟvely impacted by being located across
Avenue 52 in the new park parcel and because
the exisƟng faciliƟes are relaƟvely small sized,
we recommend those program elements be
relocated into the new park parcel along with
a new parking lot off Calle Amigo. By siƟng the
dog park to the west, parking in the middle,
and skate park to the east, a new large lawn
picnic area centered on a graceful arc-shaped
walkway could organize this space beauƟfully.

The exisƟng newly constructed street improvement curbs and sidewalks would be able to remain undisturbed and access into the new
parcel can be conveniently located at the exisƟng crosswalk sidewalk connector. Another arc-shaped walkway may be located south of
Avenue 52 which would visually Ɵe the two
park parcels into one park. Leading south, a
new tree-lined shaded walkway with park
benches and picnic tables may hug the east
side of the exisƟng lawn and terminate at a
new circular splash park. New shade shelters,
addiƟonal lawn areas, and lounge seaƟng may
be ideally located here serving the splash park,
playground and pool complex. The playground
area may be redesigned with new equipment,
shade trees and seaƟng. The exisƟng parking
lot may be expanded back into the current dog
park area adding spaces while new tree islands
can be added to provide shade and thus reduce the urban heat island effect. Four new pickleball courts may be added south of the
exisƟng tennis at the locaƟon of the current
skate park/former parking lot keeping the new
courts and exisƟng courts in the same vicinity.

Example Preliminary Programming Conceptual Plan
Preliminary Program Assessment Summary:

ExisƟng Proposed
Parking Spaces 59 106
Shade Shelters: 15 27
RecreaƟonal Lawn: +/- 1.4 ac +/- 1.4 ac
Skate Park: 4,500 sf 14,116 sf
Dog park 5,500 sf 8,385 sf
Pickleball courts: 8 12
Improved Playground
New Splash Pad
Dog
Run
RecreaƟonal
Lawn
RecreaƟonal
Lawn
Skate Park
New Pickleball
Splash Pad
Exist.

Pool
New Parking w/ Trees
Expanded Parking w/ Trees
ExisƟng Courts
ExisƟng Basin
Avenue 52
ATTACHMENT 2 139 Click Here to Return to Agenda

STATEMENT OF QUALIFICATIONS

UNDERSTANDING AND APPROACH
In-Site also uses 3D modeling soŌware to provide sƟll frame renderings and virtual fly-through animaƟons of our projects to communicate our designs to clients and the public. Below are some example renderings that we prepared as part of our proposal response to help illustrate the preliminary park programming concepts.

Example 3D Rendering - Bird’s eye view of the overall park Example 3D Rendering - New park parcel with parking off Calle Amigo, new dog park to the west, skate park to the east, and lawn picnic area in the center.
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STATEMENT OF QUALIFICATIONS

UNDERSTANDING AND APPROACH
Example 3D Renderings - New state-of-the-art
skate park with bowls, ramps, ledges, rails,
steps, and shade structures.

Example 3D Rendering - New dog park with separate areas for large dogs and small dogs including a vesƟbule fenced entry and shade structures
Example 3D Rendering - Arc-shaped walkways and planƟng design visually Ɵe the two park parcels together 141 Click Here to Return to Agenda

STATEMENT OF QUALIFICATIONS

UNDERSTANDING AND APPROACH
Example 3D Rendering - Splash park with adjacent shade shelters and lounge seaƟng. The surface of the splash park may also serve as a public art opportunity. In this example shows and abstract flower of the naƟve beavertail prickly pear cactus
Example 3D Rendering - New tree-lined shaded walkway with park benches and picnic tables 142 Click Here to Return to Agenda

STATEMENT OF QUALIFICATIONS

UNDERSTANDING AND APPROACH
Example 3D Rendering - Expanded parking lot, tree shading, splash park, new lawn areas, shade shelters, and treelined walkway leading to the new park parcel across Avenue 52 Example 3D Rendering - Redesigned playground area with addiƟonal tree shading 143 Click Here to Return to Agenda

STATEMENT OF QUALIFICATIONS
THE ‘GREEN OFFICE’
Since In-Site Landscape Architecture, Inc. was founded in 2007, the company has pioneered the sustainable “Green Office” model. For the last 15 years, all employees work from home offices to reduce our company’s carbon footprint and to improve employees’ work/life balance and producƟvity by eliminaƟng typical Ɵme-consuming Southern California commuƟng. Without the restricƟon of commuƟng to a designated office locaƟon, this has also allowed us to aƩract top talent in the Southern California region.

Our staff works from Cathedral City, San Diego, Costa Mesa, Los Angeles, and New York.

Our company seamlessly works together using the web-based MicrosoŌ Teams. This plaƞorm allows our staff to feel a sense of place, presence, and connecƟvity and also provides an online screen sharing and via video chat. While Covid-19 has changed the way most businesses and municipaliƟes operate, there was no change to In-Site’s procedures since we have already adapted and excelled with this business model over the past 15 years.

UNDERSTANDING AND APPROACH
MicrosoŌ Teams in-house meeƟng
Local satellite office address:
(Ron Moreno)
67-458 Rio Vista Drive
Cathedral City, CA 92234
La Quinta

PERSONAL CONNECTION
Ron Moreno, one of the key team members for this project moved to the La Quinta Cove neighborhood from Colombia when he was 16 years old. As a teenager, Ron spent a lot of Ɵme at Fritz Burns Park playing soccer, swimming, skateboarding, and spending Ɵme with family and friends. He currently lives and works from his home satellite office in nearby Cathedral City. Ron is so happy to work with our team on this opportunity to update a space that he enjoyed so much growing up and to serve the City of La Quinta on this exciƟng project! 144
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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 IN-SITE Landscape Architecture, Inc. a California Corporation (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to the Master Planning for Fritz Burns Park Improvements Project No 2021-02, 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, ATTACHMENT 3
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employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof).

1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written 146 Click Here to Return to Agenda
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change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Seventy-Nine Thousand Three-Hundred and Seventy-Five Dollars $79,375.00 (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 147 Click Here to Return to Agenda
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compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.

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

3. PERFORMANCE SCHEDULE.

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

3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the 148 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 May 4, 2022, and terminate on June 30, 2023, (“Initial Term”). This Agreement may be extended upon mutual agreement by both parties (“Extended Term”) and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Name: Tim Jachlewski, President
Tel No. (619)677-0631
E-mail: [email protected]
(b) Name: Ron Moreno
Tel No.

Email: [email protected]
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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 the Bryan McKinney, Public Works 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, 150 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 151 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 152 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 153 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 154 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 156 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 157 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: Bryan McKinney
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

IN-SITE Landscape Architecture,
Inc.

Tim Jachlewski Jr., President
2907 Shelter Island Drive #105-417
San Diego, CA 92106
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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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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: Tim Jachlewski Jr.

Title: President
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:

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

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Exhibit A
Scope of Services
Project Understanding:

The City of La Quinta (City) reserves the right to negotiate final pricing with In-Site Landscape Architecture, Inc. (Consultant). Pricing shall remain firm for the entire initial term of the agreement.

The total project area is 7.5 acres, located on the corner of Avenue 52 and Avenida Bermudas. The Fritz Burns property was donated to the City of La Quinta to serve as noncommercial public space.

The property currently has a regional park and is adjacent to the City’s Corporate Yard and Fire Station #32; which sit on an additional four (4) acres. The park contains a swimming pool, children's play area, picnic tables & benches, men’s and women’s restrooms, 6 tennis courts, 8 pickle ball courts, a water feature, a skate park, a dog park, parking lot and off-street parking.

The City is proposing to keep all existing park program elements; including courts, dog parks, skate park, playground, and pool and pool building. The potential re-configuration should be considered in the Master Plan and should consider constructing additional park amenities such as but not limited to: pickle ball courts, parking, shade and misting, spectator seating, seating, pedestrian lighting, updated and increased bathrooms, fencing, a splash fountain, and location for trash collection for larger events that can be secured. The City wants to limit turf removal as much as possible. The tear drop property north of the park is to be incorporated for the improvements.

Scope of Services:

Task 1 – Pre-Design Phase
a) Consultant shall review the City’s existing data, reports, record drawings and studies concerning the project.
b) Consultant shall attend a kickoff meeting with the City to discuss the goals and objectives for the project. The Consultant and City shall also review the preliminary programming, preliminary plan, and preliminary 3D renderings (prepared as part of the Consultant’s RFP response) to receive initial City feedback and direction if the City feels any of the preliminary ideas are desirable for the Master Plan. Consultant recommends conducting one overall meeting with each of the following City Departments to ensure Department goals and interests do not conflict with each other.
x Meeting/Interview with Public Works Director, Maintenance Services Division Manager, Engineering Services/CIP Division Manager and Project Manager; x Meeting/interview with Maintenance Services Division Manager and key staff members; x Meeting/interviews with other stakeholders (i.e. Community Services Department, Building & Safety Department, Code Enforcement).
c) Consultant shall conduct a site visit in association with the City and assess the project’s existing conditions, opportunities, and challenges. (This meeting may be combined with the above meeting).

Deliverable: Memorandum identifying existing park amenities to remain, existing park amenities to be enhanced, existing park amenities to be relocated, and new park amenities and City’s goals and objectives for the project. Preliminary programming, preliminary plan, and preliminary 3D renderings (PowerPoint as presented in the RFP interview).

Deliverable: Meeting minutes.

Task 2 – Aerial Topographic Map
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Exhibit A

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a) Subconsultant (MBI) shall prepare an Aerial Topographic Map of the project site, at a scale of 1” = 40’, with one foot contour intervals and shall provide the completed Aerial Topographic Map in an AutoCAD digital format. The work will include the following tasks:

1. Preparation of a flight plan and layout of ground control targets;

2. Field surveying services to set ground control panels and survey their precise positions on the appropriate coordinate system basis;

3. Establishment of horizontal and vertical geodetic control on appropriate published datum;

4. Aerial photogrammetric and aero triangulation services;

5. Compilation of plannimetric and topographic features to digital medium;

6. Completion of field survey check profile observations and office analysis of said observations to check ground truth of the compiled map.

EXCLUSIONS:

1. Potholing or underground exploration of utilities

2. Record of Survey Mapping

3. Anything else not specifically included in the Scope of Services above Optional Task Deliverable: CAD drafted aerial topographic map Task 3- Draft Site Master Plan
a) Consultant shall prepare a Prioritized Phased Master Plan for Fritz Burns Park. It shall be based on the City goals and objectives in combination with the proposed programming and the results of the site opportunities and constraints analysis. It shall include the general layout of areas such as pathways, parking, park amenities, light standards, planting areas, turf areas, and key landscape elements. The Master plan shall identify existing park amenities to remain, existing park amenities to be enhanced, existing park amenities to be relocated, and new park amenities. (It is assumed that the preliminary skate park design included in the proposal response will be sufficient for the project or that the existing skate park will remain as-is. A new detailed skate park master plan is not included.) b) Consultant shall prepare a conceptual 3D computer model of the proposed plan and prepare at ten still frame views of the proposed design.

Deliverable: Draft Site Master Plan
Deliverable: Draft Site Master Plan incorporating City Staff feedback Deliverable: Draft Site Master Plan incorporating Community feedback Deliverable: 3D Renderings (ten views)
Deliverable: Phasing Plan and or options
Task 4 – Opinion of Probable Construction Cost Estimate a) Consultant shall prepare an opinion of probable construction cost estimate for each phase and option.

Deliverable: Opinion of probable construction cost estimate for each phase and option.

Task 5 – Meetings
a) Consultant shall prepare for and attend Monthly PDT Meetings with all Stakeholders. b) Consultant shall prepare for and present at two (2) City Council Study Sessions and one (1) Community Services Commission Meeting.
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Exhibit A

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La Quinta City CouncilMay 3, 2022

La Quinta City Council
May 3, 2022