La Quinta City Council
June 21, 2022

AGENDA Page 1 of 10 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING AGENDA

JOINT MEETING OF THE CITY COUNCIL

AND HOUSING AUTHORITY

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
CITY COUNCIL REGULAR MEETING ON TUESDAY, JUNE 21, 2022
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION

SPECIAL HOUSING AUTHORITY MEETING
ON TUESDAY, JUNE 21, 2022, AT 4:00 P.M.
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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, Housing Authority, the City Manager/Executive Director, City Attorney/Authority Counsel, 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 or Housing Authority, either for a specific agenda item or matters not on the agenda are requested to follow the instructions listed below:

City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
Click Here to Return to Agenda
AGENDA Page 2 of 10 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

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 and Housing Authority, 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/Chairperson, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

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/Chairperson; the City will facilitate the ability for a member of the public to be audible to the City Council and Housing Authority 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/Chairperson, in order to become audible to the City Council and Housing Authority and the public.

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

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/Chairperson will endeavor to take a brief pause before action is taken on any agenda item to allow the City Clerk to Click Here to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

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 – CITY COUNCIL
ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans CONFIRMATION OF AGENDA – CITY COUNCIL
CALL TO ORDER – HOUSING AUTHORITY
ROLL CALL:

Authority Members: Evans, Fitzpatrick, Radi, Peña, and Chairperson Sanchez VERBAL ANNOUNCEMENT – AB 23 [AUTHORITY SECRETARY]
CONFIRMATION OF AGENDA – HOUSING AUTHORITY

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA -CITY COUNCIL

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

CLOSED SESSION – CITY COUNCIL AND HOUSING AUTHORITY

1. City Council: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION – PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9 OF THE GOVERNMENT CODE.

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AGENDA Page 4 of 10 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

NAME OF CASE: CITY OF LA QUINTA, PETITIONER, V. LA QUINTA ARTS

FOUNDATION, RESPONDENT, USPTO TRADEMARK TRIAL AND APPEAL BD., CANCELLATION CASE NO.: 92076446.

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. City Council: CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES
DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES’ ASSOCIATION

3. Housing Authority: CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR VACANT

PROPERTY LOCATED AT THE SOUTHEAST SECTION OF AVENIDA VILLA AND CALLE SONORA (APN: 773-233-019)
HOUSING AUTHORITY NEGOTIATOR: JON MCMILLEN, EXECUTIVE

DIRECTOR
NEGOTIATING PARTY: LUCAS CORONEL
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT

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

REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION – CITY COUNCIL

AND HOUSING AUTHORITY

PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – CITY COUNCIL

AND HOUSING AUTHORITY
At this time, members of the public may address the City Council and Housing Authority on any matter not listed on the agenda by providing written public comments either in-person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/82540879912 and use the “raise your hand” feature when prompted by the Mayor/Chairperson.

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 and Housing Authority value your comments; however, in accordance with State law, no action shall be taken on any item not appearing Click Here to Return to Agenda
AGENDA Page 5 of 10 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – CITY COUNCIL

1. LIFESTREAM BLOOD BANK PRESENTATION BY DIRECTOR OF DONOR RECRUITMENT MICHAEL McDANIEL – 10TH ANNUAL 9-CITIES BLOOD DRIVE CHALLENGE 2022

2. TALUS – PROJECT STATUS UPDATE

3. INTRODUCE NEW CITY STAFF MEMBERS

4. PROCLAMATION RECOGNIZING RIVERSIDE COUNTY FIRE DEPARTMENT

BATTALION CHIEF BONIFACIO DE LA CRUZ FOR HIS PUBLIC SERVICE CONSENT CALENDAR – CITY COUNCIL AND HOUSING AUTHORITY
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

PAGE

1. APPROVE MEETING MINUTES OF CITY COUNCIL REGULAR MEETING

HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING DATED JUNE 7, 2022
11 CONSENT CALENDAR – CITY COUNCIL
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

PAGE

2. AUTHORIZE OVERNIGHT TRAVEL FOR FOUR COUNCILMEMBERS, CITY

MANAGER, CITY CLERK, AND TWO DIRECTORS TO ATTEND THE

LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG
BEACH, CALIFORNIA, SEPTEMBER 7 – 9, 2022
29 3. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH TKE ENGINEERING, INC AND ERIC NELSON DBA RASA TO PROVIDE ONCALL MAP CHECKING SERVICES 31 4. APPROVE MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS

UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF TWO SCHOOL

RESOURCE OFFICERS
109

5. APPROVE JOINT USE OF FACILITY AND SERVICES AGREEMENT WITH

THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY
113
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

6. APPROVE AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITIES OF LA QUINTA, INDIO, AND COACHELLA,
EXTENDING THE TERM FOR ONE ADDITIONAL YEAR THROUGH 2022/23

AND APPROPRIATED BUDGET, TO SHARE THE ACQUISITION COST OF

A LADDER TRUCK
127

7. APPROVE AMENDMENT NO. 5 TO GOLF COURSE MANAGEMENT

AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR

SILVERROCK GOLF COURSE MANAGEMENT SERVICES
135

8. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2 EXTENDING THE

TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY
EMPLOYEES’ ASSOCIATION [RESOLUTION NO. 2022-021]
141

9. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 INVESTMENT POLICY [RESOLUTION NO. 2022-022]
147

10. APPROVE DEMAND REGISTERS DATED JUNE 3 AND 10, 2022 185

11. AUTHORIZE CITY PAYMENT OF OUTSTANDING BALANCE TO

COACHELLA VALLEY WATER DISTRICT FOR SILVERROCK WAY STREET IMPROVEMENTS PROJECT NO. 2014-13
199

12. APPROVE CITY MANAGER EMPLOYMENT AGREEMENT 201
BUSINESS SESSION – CITY COUNCIL AND HOUSING AUTHORITY
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1. City Council and Housing Authority: INTERVIEW AND APPOINT 213 RESIDENTS TO SERVE ON THE CITY’S FINANCIAL ADVISORY

AND HOUSING COMMISSIONS

2. City Council: APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2021/22
215
PUBLIC HEARINGS – CITY COUNCIL – at 5:00 p.m. or thereafter For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item.

A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues Click Here to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing.

PAGE

1. ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR THE 2022/23 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 [RESOLUTION NO. 2022-023]
223

2. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 THROUGH 2026/27 CAPITAL IMPROVEMENT PROGRAM [RESOLUTION NO. 2022-024] 251

3. ADOPT RESOLUTION TO APPROVE STREET NAME CHANGES OF (1) SILVERROCK WAY TO TALUS WAY AND (2) AHMANSON LANE TO
PAINTED PEAK LANE; CEQA: DESIGN AND DEVELOPMENT

DEPARTMENT HAS DETERMINED THE PROJECT IS EXEMPT FROM CEQA UNDER THE PROVISIONS OF SECTION 15061(b)(3) COMMON SENSE RULE; LOCATION: SILVERROCK WAY (PROJECT: SNC 2022-0002) 263
BUSINESS SESSION – CITY COUNCIL AND HOUSING AUTHORITY – Continued
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3. City Council: APPROVE FISCAL YEAR 2022/23 MARKETING STRATEGIES

AND AGREEMENT FOR CONTRACT SERVICES FOR MARKETING WITH

MADDEN MEDIA

277

4. City Council: APPROVE MEMORANDUM OF UNDERSTANDING WITH

GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
325

5. City Council: APPROVE SILVERROCK RESORT 2022/23 ANNUAL PLAN 335

6. City Council: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 BUDGET AND ESTABLISH THE CITY’S APPROPRIATION LIMIT
[RESOLUTION NO. 2022-025]
363

7. Housing Authority: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 LA QUINTA HOUSING AUTHORITY BUDGET
[RESOLUTION NO. HA 2022-003]
385

8. City Council: RECEIVE AND FILE FISCAL YEAR 2021/22 BUDGET

UPDATE REPORT AND APPROVE THE RECOMMENDED BUDGET

ADJUSTMENTS
399

9. City Council: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE

CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO 409
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

CONDUCT PUBLIC MEETINGS WHEN NECESSARY PURSUANT TO
ASSEMBLY BILL 361 (STATS. 2021, CH. 165)

ADJOURNMENT – HOUSING AUTHORITY
STUDY SESSION – CITY COUNCIL
PAGE

1. DISCUSS LA QUINTA CULTURAL CAMPUS MASTER PLANNING AND PRELIMINARY DESIGN DEVELOPMENT PROGRESS PROJECT NO. 2019-01 415
DEPARTMENTAL REPORTS – CITY COUNCIL

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY RESOURCES

5. DESIGN AND DEVELOPMENT – UPDATE ON CITYWIDE HISTORIC

RESOURCES SURVEY
419

6. FINANCE

7. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
REPORTS AND INFORMATIONAL ITEMS – CITY COUNCIL

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

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

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

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

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

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick)

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)

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

13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)

15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez)

16. CVAG PUBLIC SAFETY COMMITTEE (Peña)

17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)

18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) Click Here to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

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)

31. HOUSING COMMISSION MEETING MINUTES DATED APRIL 20, 2022 433 ADJOURNMENT – CITY COUNCIL
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The regular City Council meeting of July 5, 2022, has been cancelled.

The next regular meeting of the City Council will be held on July 19, 2022, at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council regular meeting held jointly with the Housing Authority special meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on June 17, 2022.

DATED: June 17, 2022
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

Public Notices
 The La Quinta City Council/Housing Authority 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/Authority Members during the 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/Housing Authority 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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MINUTES Page 1 of 18 JUNE 7, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

CITY COUNCIL AND

HOUSING AUTHORITY

MINUTES
TUESDAY, JUNE 7, 2022

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans.

This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.).

PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Community Resources Director Escobedo, Finance Director Martinez, Financial Services Analyst Hallick, Public Works Director/City Engineer McKinney, Design and Development Director Castro, Planning Manager Flores, Senior Planner Flores, Permit Technician Lorett.

CONFIRMATION OF AGENDA
Councilmember Peña said he will recuse himself and will abstain from discussion and vote on Consent Calendar Item No. 18 due to a potential conflict of interest stemming from the proximity of his real property interest to the project location, and asked for this item to be pulled for a separate vote. Council concurred.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CLOSED SESSION – CITY COUNCIL

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION
CONSENT CALENDAR ITEM NO. 111 Click Here to Return to Agenda MINUTES Page 2 of 18 JUNE 7, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF
GOVERNMENT CODE SECTION 54956.9
(NUMBER OF POTENTIAL CASES: 1)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF
GOVERNMENT CODE SECTION 54956.9
(NUMBER OF POTENTIAL CASES: 1)

3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES
DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES’ ASSOCIATION

4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: BILL IHRKE, CITY ATTORNEY; AND
UNREPRESENTED EMPLOYEE: CITY MANAGER
CALL TO ORDER – HOUSING AUTHORITY SPECIAL MEETING HELD

JOINTLY WITH THE CITY COUNCIL REGULAR MEETING
A special meeting of the La Quinta Housing Authority was called to order at 3:03 p.m. by Chairperson Sanchez.

ROLL CALL:

Authority Members: Evans, Fitzpatrick, Radi, Peña, and Chairperson Sanchez VERBAL ANNOUNCEMENT – AB 23 [AUTHORITY SECRETARY]
CONFIRMATION OF AGENDA – HOUSING AUTHORITY – Confirmed
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – HOUSING
AUTHORITY – None

CHAIRPERSON SANCHEZ ASKED MAYOR EVANS TO ACT AS PRESIDING

OFFICER FOR THE HOUSING AUTHORITY FOR THE REMAINDER OF THE

SPECIAL MEETING

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:05 P.M.
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:07 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported no actions were taken on Closed Session Item Nos. 1, 2, and 3 that require reporting pursuant to Government Code section 54957.1 (Brown Act); and Council will recess back to Closed Session to continue consideration of Closed Session Item No. 4 after the open portion of the regular City Council meeting.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Fitzpatrick led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – CITY COUNCIL

AND HOUSING AUTHORITY
PUBLIC SPEAKER IN-PERSON: James Tufo, La Quinta – President of the Parc La Quinta homeowners’ association spoke in opposition of the proposed housing developments at Washington Street and Avenue 50.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – CITY COUNCIL AND HOUSING AUTHORITY – None
CONSENT CALENDAR – CITY COUNCIL
COUNCILMEMBER PEÑA RECUSED HIMSELF FROM DISCUSSION AND
VOTE ON CONSENT CALENDAR ITEM NO. 18 DUE TO A POTENTIAL

CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL

PROPERTY INTEREST TO THE PROJECT LOCATION AND ASKED FOR

THIS ITEM TO BE PULLED FOR A SEPARATE VOTE

1. APPROVE REGULAR MEETING MINUTES OF MAY 3, 2022

2. APPROVE SPECIAL MEETING MINUTES OF MAY 9, 2022

3. APPROVE REGULAR MEETING MINUTES OF MAY 17, 2022

4. EXCUSE ABSENCES OF CHAIRPERSON NIETO AND
COMMISSIONER CALDWELL FROM THE MAY 24 AND JUNE 14,
2022, PLANNING COMMISSION MEETINGS, RESPECTIVELY

5. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE

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

6. APPROVE CHANGE ORDER NO. 3 TO CONTRACT WITH CREATIVE LIGHTING INC. FOR LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1 CITYWIDE LIGHTING MAINTENANCE SERVICES
PROJECT NO. 2018-31 FOR A ONE-YEAR TERM EXTENSION AND

RELATED COMPENSATION

7. APPROVE CHANGE ORDER NO. 5 TO CONTRACT WITH
PWLC II, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE
SERVICES PROJECT NO. 2018-30 FOR A ONE-YEAR TERM

EXTENSION AND RELATED COMPENSATION

8. ADOPT RESOLUTIONS TO 1) APPROVE PRELIMINARY 2022/23
ENGINEER’S ANNUAL LEVY REPORT FOR LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1, AND 2) DECLARE

INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1
[RESOLUTION NOS. 2022-014 AND 2022-015]

9. ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE

COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT

SINGLE-FAMILY DWELLINGS ON TAX ROLLS
[RESOLUTION NO. 2022-016]

10. AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC SIGNAL

TECHNICIAN TO ATTEND THE INTERNATIONAL MUNICIPAL

SIGNAL ASSOCIATION TRAINING IN ONTARIO, CALIFORNIA
FROM JUNE 27-30, 2022

11. APPROPRIATE FUNDING IN FISCAL YEAR 2021/22 TO UPFIT 10

CITY OWNED VEHICLES

12. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT
SERVICES WITH GOVOS, INC. (FORMER MUNIREVS, INC., DBA

LODGINGREVS) FOR SHORT-TERM VACATION RENTAL PROGRAM

SERVICES, TO INCREASE COMPENSATION FOR FISCAL YEAR
2021/22, AND TO EXTEND THE TERM THROUGH FISCAL YEAR
2023/24

13. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT

SERVICES WITH PALMS TO PINES PRINTING, FOR
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PROMOTIONAL AND PRINTING SERVICES, TO INCREASE

COMPENSATION AND TO EXTEND THE TERM THROUGH FISCAL
YEAR 2022/23

14. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2021/22
TREASURY REPORTS FOR JANUARY, FEBRUARY, MARCH 2022

15. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2022

16. APPROVE DEMAND REGISTERS DATED MAY 13, 20, & 27, 2022

17. ACCEPT WASHINGTON AND FRED WARING TRIPLE LEFT
PROJECT NO. 2017-01, LOCATED AT THE WASHINGTON STREET

AND FRED WARING DRIVE INTERSECTION

18. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,

AND ADVERTISE FOR BID THE CITYWIDE SLURRY SEAL
IMPROVEMENTS PROJECT NO. 2021-08 LOCATED IN VARIOUS

LOCATIONS

19. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,

AND ADVERTISE FOR BID THE SILVERROCK PARK VENUE WIFI

AND CAMERA BACKBONE PROJECT
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to approve Consent Calendar Item Nos. 1-17 and 19, as recommended, with Item No. 5 reaffirming Resolution No. 2021-035, Item No. 8 adopting Resolution Nos. 2022-014 and 2022-015, and Item No. 9 adopting Resolution No. 2022-016. Motion passed unanimously.

MOTION – A motion was made and seconded by Councilmembers Sanchez/ Radi to approve Consent Calendar Item No. 18 as recommended. Motion passed: ayes – 4, noes – 0, abstain – 1 (Peña), absent – 0.

CONSENT CALENDAR – HOUSING AUTHORITY

20. APPROVE HOUSING AUTHORITY SPECIAL MEETING MINUTES OF MAY 3, 2022
MOTION – A motion was made and seconded by Authority Members Peña/Radi to approve the Consent Calendar as recommended. Motion passed unanimously.
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

BUSINESS SESSION

1. ADOPT RESOLUTION ACCEPTING THE CERTIFICATION OF THE

RIVERSIDE COUNTY REGISTRAR OF VOTERS AS TO SUFFICIENCY
OF THE INITIATIVE PETITION ENTITLED “PHASE-OUT AND

PERMANENT BAN OF NON-HOSTED SHORT-TERM VACATION
RENTALS (STVRs) IN NON-EXEMPT AREAS OF THE CITY OF LA
QUINTA,” BY DECEMBER 31, 2024 [RESOLUTION NOS. 2022-017] City Clerk Radeva presented the staff report, which is on file at the Clerk’s Office.

The PUBLIC SPEAKERS listed below in the order in which they spoke, provided comments, in-person and via teleconference (Zoom), as follows:
 Kimberly Estrada, La Quinta (Zoom) – school principal – importance of STVR revenue in funding public safety for schools.
 George M. Yin, Kaufman Legal Group (Zoom) – specializes in election law - defects with the initiative petition to phase-out STVR.

Mayor Evans asked City Attorney Ihrke to respond to Mr. Yin’s comments. Mr.

Ihrke said that his office has reviewed letters on this matter received from legal counsel for VRON-LQ and petition proponents, Neighbors for Neighborhoods; that none of the cases cited by VRON-LQ are squarely on point in this matter; that Council has only three options per election Code Section 9215 now that the Riverside County Registrar of Voters (ROV) has verified the sufficiency of the petition signatures; and that the City Attorney’s Office recommends that Council proceed with certification of the petition.  Eddy Estrada, La Quinta (in-person) – STVR owner - supports STVRs.  Steven Niederhauser, La Quinta (in-person) – supports STVRs.  Ruby Rodriguez, La Quinta – was called, but was not present and did not provide comments.
 Donald Scott, La Quinta (in-person) – cleaning service owner – supports STVRs.
 Alondra Palomino (Zoom) – Minut Noise Monitoring employee - supports STVRs.
 Sarah Gelberd, La Quinta (Zoom) – STVR owner – supports STVRs.  Don Shoffstall, La Quinta (in-person) [used additional speaker time donated by 3 residents – Matt Nelson, Marty Butler, and Barbara Lambert] – representative of Neighbors for Neighborhoods (N4N) and a proponent of the initiative – spoke about issues associated with STVRs and in support of placing the initiative on the ballot.  Paul Spitzer, La Quinta (in-person) –opposes STVRs.
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING  Lynne Daniels, La Quinta (in-person) – owner of Dupont estate - supports STVRs.
 David Dinnel, Los Angeles/La Quinta (in-person) – STVR owner - supports STVRs.
 Kathleen Dwyer, La Quinta (in-person) – supports STVRs due to revenue it brings to City.
 Dean Graves, La Quinta (in-person) – opposes STVRs and supports placing the initiative on the ballot.
 Nilda Lopez (in-person) [comments were provided in Spanish and translated by Senior Planner Carlos Flores] - cleaning service owner – supports STVRs due to the work it provides to her and her co-workers.  Roger Monroy, La Quinta (in-person) – STVR owner – supports STVRs.  James Lambert, La Quinta (in-person) [used additional speaker time donated by resident Carol Nolte] – opposes STVRs.
 Carine Topal, La Quinta (in-person) – STVR owner – supports STVRs.  Anna Duitruk, La Quinta (in-person) – VRON-LQ founder - supports STVRs.
 Steve Owens, La Quinta (in-person) – STVR owner – supports STVRs.  Kay Wolff, La Quinta - (in-person) – [used additional speaker time donated by Jan Storbo] - opposes STVRs.
 Joe Lutz, La Quinta (in-person) – opposes STVRs.
 Carrie Breeswine, La Quinta (in-person) – opposes STVRs.  Richard Gray, La Quinta (in-person) – opposes STVRs.
 Jeff Smith, La Quinta (in-person) – opposes STVRs and supports putting the initiative on the ballot.
 Katie Barrows, La Quinta (in-person) – supports putting the initiative on the ballot.
 Amanda Ryan, La Quinta (in-person) – supports putting the initiative on the ballot.
 Glenn Chapman, La Quinta (in-person) – supports STVRs if well regulated; and supports putting the initiative on the ballot.  Edward Armendarez, La Quinta (in-person) – opposes STVRs.  Stephen Libbe, Palm Desert (in-person) – born in LQ, not a current resident – CEO of several service businesses – supports well-regulated STVRs.
 Stephanie Nevels-Yanchar, Renton, WA/La Quinta (in-person) – STVR owner - supports STVRs.
 Victor Barbosa, La Quinta (Zoom) – restaurant owner - supports STVRs.  Robert Gravina, La Quinta (Zoom) – STVR owner - supports STVRs.  Ellen Lindberg, La Quinta (Zoom) – supports STVRs.
 Melanie Sprague, La Quinta (Zoom) – opposes banning STVRs due to City revenue loss.
 Tom Kendrick, La Quinta (Zoom) – supports STVRs.
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING The following WRITTEN PUBLIC COMMENTS, listed in alphabetical order, were received, distributed to Council, made available on the City’s website, and included in the record of this meeting:
 James Alderson – comments on STVRs
 Anonymous – supports STVRs
 Edward Armendarez – supports the initiative
 Boyd Beghtol – opposes STVRs
 Evette Bruesehoff – supports STVRs
 Nancy Chiles – supports the initiative
 Noreen and Joe Diodatin – support the initiative
 Sarah Gelberd – opposes the initiative
 Dean and Cathy Graves – support the initiative
 Jeff and Nini Hillebrand – support the initiative
 Alfredo Izmajtovich – support the initiative
 Kaufman Legal Group – Attorney George M. Yin – defects with the initiative petition
 Jim and Barbara Lambert – support the initiative and oppose STVRs [these comments are also applicable to Business Session Item Nos. 2 and 3 below]
 Minut Noise Monitoring – Alondra Palomino – supports STVRs  Lisa Moller – supports the initiative
 Marde Olson – supports the initiative
 Marde and Mark Olson – support the initiative
 David Alan Park – supports the initiative
 Carolsue Peyton – supports the initiative
 Jennifer Porter – opposes the initiative and supports STVRs  Terry Pracht – supports the initiative
 Marv and Stefanie Segal – oppose STVRs
 Mario Sewell – supports the initiative [these comments are also applicable to Business Session Item Nos. 2 and 3 below]
 Carine Topal – support STVRs
 Visit Greater Palm Springs – support STVRs
Council expressed its support for placing the initiative on the ballot in accordance with the California Election Code.

MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to adopt Resolution No. 2020-017 accepting the certification of the Riverside County Registrar of Voters as to the sufficiency of the initiative petition entitled “Phase-Out and Permanent Ban of Non-Hosted Short-Term Vacation Rentals in Non-Exempt Areas in the City of La Quinta,” by December 31, 2024:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, ACCEPTING THE CERTIFICATION OF THE RIVERSIDE 18 Click Here to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

COUNTY REGISTRAR OF VOTERS AS TO THE SUFFICIENCY O THE
INITIATIVE PETITION ENTITLED “PHASE-OUT AND PERMANENT BAN OF

NON-HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT
AREAS OF THE CITY OF LA QUINTA,” BY DECEMBER 31, 2024
Motion passed unanimously.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:28 P.M.

MAYOR EVANS RECONVENED THE REGULAR COUNCIL MEETING AND
SPECIAL HOUSING AUTHORITY MEETING HELD JOINTLY AT 6:48 P.M.

WITH ALL MEMBERS PRESENT

2. RECEIVE AND FILE REPORT, PREPARED PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 9212, ASSESSING THE

FISCAL, ECONOMIC, AND RELATED IMPACTS OF THE INITIATIVE MEASURE ENTITLED “PHASE-OUT AND PERMANENT BAN OF
NON-HOSTED SHORT-TERM VACATION RENTALS IN NONEXEMPT AREAS OF THE CITY OF LA QUINTA,” BY DECEMBER 31, 2024
City Manager McMillen and City Consultant Jon Hockenyos, President and CEO with TXP Economics presented the staff report, which is on file in the Clerk’s Office.

Council discussed the possibility of property owners and renters using anonymous, untraceable block-chain technology driving STVRs underground; factoring into the report the cost of enforcing a STVR ban; illegal operators, post-ban, are not factored into the report; no available data on revenue changes or house prices from other cities that have banned STVRs; golf revenue is included in the entertainment figures; examining enforcement costs prior to adopting the STVR ordinance; calculating the direct impact to the City’s budget over the next 10 years or more; reminder that Measure G was passed knowing that 65% would be paid by visitors - residents passed it knowing that they wouldn’t have to carry the entire burden; transient occupancy tax rates in other cities; STVRs success in the Cove due to the home renovations made by STVR owners; the effect of inflation on City revenue; spending by vacationers versus residents; Greater Palm Springs Visitors’ Bureau study findings that 1 in 5 residents is in a hospitality-related job, and the average annual increase in taxes to residents would be $4,000 if not for the local hospitality industry; affordability of former STVR homes to low- and mid-income buyers/renters if ban is enacted; creating a map of current and planned low-income housing properties in the City for resident educational purposes; current average home prices in the City, and current average home prices in the Cove; the effect the ban would have on housing 19 Click Here to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING inventory; fluctuations in school enrollment and birth rates; the current freeze on new permits continues the revenue flow while gradually decreasing the number of STVRs as new STVRs in permitted areas are developed – financial analysis of this versus a complete ban on January 1, 2025 is needed; need for 10-year revenue projections should the ban pass, and corresponding list of projects/services affected; collecting spending pattern data to determine the home zip codes of restaurant goers; permitted STVR areas, exempt from the ban, under development now or planned, will take many years to be built out, replenish the inventory and revenue; and the need to protect all sources of revenue.

Council directed staff to report back on:
 Budget revenue projections, and prioritizing expenditures  Transition plans
 Housing inventory
 Property tax implementations
 Case studies of STVRs going underground
 Changes in STVR enforcement
 Block-chain technology – crypto currency and contract execution MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to receive and file report, prepared pursuant to California Elections Code section 9212, assessing the fiscal, economic, and related impacts of the initiative measure entitled “Phase-Out and Permanent Ban of Non-Hosted Short-Term Vacation Rentals in Non-Exempt Areas of the City of La Quinta,” by December 31, 2024. Motion passed unanimously.

3. ADOPT RESOLUTIONS:
(A) ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS

OF THE CITY AN INITIATIVE ORDINANCE AND BALLOT
MEASURE PROPOSING THE “PHASE-OUT AND PERMANENT

BAN OF NON-HOSTED SHORT-TERM VACATION RENTALS IN
NON-EXEMPT AREAS OF THE CITY OF LA QUINTA,” BY
DECEMBER 31, 2024, AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 8, 2022 [RESOLUTION NO. 2022-018] (B) SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS

AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS

REGARDING THE INITIATIVE ORDINANCE AND BALLOT
MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE

AN IMPARTIAL ANALYSIS OF THE SAME
[RESOLUTION NO. 2022-019]
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING (C) REQUESTING RIVERSIDE COUNTY TO CONSOLIDATE THE

ELECTION FOR THE INITIATIVE ORDINANCE AND BALLOT

MEASURE WITH THE GENERAL MUNICIPAL ELECTION AND

STATEWIDE GENERAL ELECTION, TO BE HELD ON NOVEMBER
8, 2022 [RESOLUTION NO. 2022-020]
City Clerk Radeva and City Attorney Ihrke presented the staff report, which is on file in the Clerk’s Office.

Council discussed deciding at a subsequent meeting if it wished to take a collective position on the initiative, and if so, who would draft an argument infavor/opposed and any rebuttal; and the need for the additional data requested from staff before the Council takes a position.

MOTION – A motion was made and seconded by Councilmembers Peña/Radi to:
(A) Adopt Resolution No. 2022-018:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY OF LA QUINA AN INITIATIVE ORDINANCE AND BALLOT MEASURE PROPOSING THE “PHASE-OUT AND

PERMANENT BAN OF NON-HOSTED SHORT-TERM VACATION
RENTALS IN NON-EXEMPT AREAS OF THE CITY OF LA QUINTA” AT

THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 2022-009
(B) Adopt Resolution No. 2022-019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN

ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL

ARGUMENTS REGARDING AN INITIATIVE ORDINANCE AND BALLOT
MEASURE, PROPOSING THE “PHASE-OUT AND PERMANENT BAN OF

NON-HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT
AREAS IN THE CITY OF LA QUINTA,” AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AND

DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL

ANALYSIS

(C) Adopt Resolution No. 2022-020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISOR OF

THE COUNTY OF RIVERSIDE, CALIFORNIA, CONSOLIDATE WITH THE

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, AND THE STATEWIDE GENERAL ELECTION TO 21 Click Here to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

BE HELD ON THAT DATE, AN INITIATIVE ORDINANCE AND BALLOT

MEASURE TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF LA QUINTA PROPOSING THE “PHASE-OUT AND PERMANENT BAN ON NON-HOSTED SHORT-TERM VACATION RENTALS IN NONEXEMPT AREAS IN THE CITY OF LA QUINTA,” BY DECEMBER 31, 2024

Motion passed unanimously.

STUDY SESSION – CITY COUNCIL AND HOUSING AUTHORITY

1. DISCUSS FISCAL YEAR 2022/23 PRELIMINARY PROPOSED
BUDGET
Finance Director Martinez presented the staff report, which is on file in the City Clerk’s Office.

Council discussed the deficit in the Lighting and Landscape Fund; need to protect all sources of revenue; developer reimbursement schedule; and gratitude to staff for a clear and thorough report.

2. DISCUSS FISCAL YEAR 2022/23 PROPOSED HOUSING

AUTHORITY BUDGET
Finance Director Martinez presented the staff report, which is on file in the City Clerk’s Office.

Council discussed the Redevelopment Agency (RDA) Loan Repayment; and Fund 243 RDA Low-Mod Housing budget.

ADJOURNMENT – HOUSING AUTHORITY
There being no further business, a motion was made and seconded by Authority Members Radi/Fitzpatrick to adjourn the Housing Authority special meeting at 8:10 p.m. Motion passed unanimously.

PUBLIC HEARINGS – CITY COUNCIL

1. ADOPT RESOLUTIONS TO CERTIFY ENVIRONMENTAL
ASSESSMENT 2019-0010 AND APPROVE SPECIFIC PLAN 2019-
0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL
PLAN AMENDMENT 2019-0002, ZONE CHANGE 2019-0004,
SPECIFIC PLAN 2020-0002, AND TENTATIVE TRACT MAP 2019-
0005; INTRODUCE FOR FIRST READING ORDINANCES
APPROVING ZONE CHANGE 2019-0004 AND DEVELOPMENT
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING AGREEMENT 2021-0002; CEQA: CORAL MOUNTAIN RESORT
ENVIRONMENTAL IMPACT REPORT (SCH #2021020310);
LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60 AND

EAST AND WEST OF MADISON STREET
[RESOLUTION NOS. 2022-021 AND 2022-022; ORDINANCE NOS. 600 AND 601] Consulting Planner Criste and Planning Manager Flores presented the staff report, which is on file at the Clerk’s Office.

Consultant Rosalyn Prickett, Senior Water Resources Planner with civil engineering firm Woodward and Curran provided additional information on water supply assessments (WSA).

Council discussed greenhouse gas emissions and the visual impact of encompassing walls would exist for any type of development; the impacts of greenhouse gas emissions, visible walls, and construction noise is equal to or less than that of the formally approved residential/golf course plan being amended; this project may require more grading than the original residential/golf course project; traffic impact for this project will be less than the original residential/golf course plan; for historical water demand purposes, the area will be designated as vacant land; the number of intersections to be included in the traffic study; the regional impact of traffic, specifically on Interstate 10; lighting containment on-site; lighting impact study included the 80’ poles, the resort/commercial, and the residences; the lighting impact from the 80’ poles could be mitigated by reducing the hours they are lit; the timeline for full build out; Andalusia started developing about 20 years ago, and is not yet fully built out; market demand for golf course community housing; reliance on Coachella Valley Water District (CVWD) experts to review the WSA for accuracy and sufficiency; CVWD experts based their approval on the previous Urban Water Management Plan, not the most currently adopted Plan (Plans are updated every five years); the source of water proposed, and the means of water discharge; comparison of nearby bodies of water – Lake Cahuilla 133 acres, and combined Trilogy, Quarry, Andalusia 55 acres (for aesthetics and backup irrigation), versus the pool and two lakes of this project 27.6 acres; the need for expert forecasting of long-term weather patterns in order to evaluate water usage; CVWD’s long-range Plan incorporates all available water sources as well as conservation; and possibility of requesting an updated WSA based on the current severe drought conditions.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 9:18 P.M.

PUBLIC SPEAKER: John Gamlin, President, CM Wave Development – provided a detailed presentation of the project.
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING Council discussed incorporating shade structures and trees; use of soft surface materials for walkways and paths as much as possible; the public trail along the base of Coral Mountain and its connection to other existing and planned trails; and public access by reservation to the hotel and dining.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 9:48 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 10:03 P.M.

WITH ALL MEMBERS PRESENT
The PUBLIC SPEAKERS listed below in the order in which they spoke, provided comments, in-person and via teleconference (Zoom), as follows:
 Penny Boehm, La Quinta (in-person) – supports the project on behalf of herself, her husband and two adult children
 Tracy Bartlett, La Quinta (in-person) – a UC Palm Desert certified California Naturalist and California Climate Steward; presented a Power Point regarding historic temperature change; opposes the project  Katie Barrows, La Quinta – opposes the project
 La Quinta Residents for Responsible Development (LQRRD) – opposing the project:
 Derek Wong, La Quinta (in-person) – petition against the project  Judy Hovjacky, La Quinta (in-person) – pool cleanliness, light  Bob Lasser, La Quinta (in-person) – [used speaker time donated by residents Catherine Smithweiss and Judy Gavigan] – 2035 General Plan
 Carolyn Winnor, La Quinta (in-person) – [used speaker time donated by resident Richard Harris] – noise
 Sheila Warren, La Quinta (in-person) – light
 Donna Williams, La Quinta (Zoom) – public safety
 Lori Kilburn, La Quinta (in-person) – basis of zone change to Tourist Commercial
 Carol Strop, La Quinta (in-person) – not in harmony
 Phil Novak, La Quinta (in-person) – carbon footprint
 Alena Callimanis, La Quinta (in-person) – [used speaker time donated by residents Duncan Woodfin, Howard Weiss, and Karen Thomas] – water crisis
 Rick Roth, La Quinta (in-person) – [used speaker time donated by resident Sheryl Weiss] – revenue and costs to City
 Brad Anderson, Rancho Mirage (in-person) – opposes the project  Joe Hammer, Indian Wells (in-person) – [used speaker time donated by Elizabeth Hammer] - La Quinta landowner, supports the Project  Kim Hammer, Indian Wells (in-person) – supports the project 24 Click Here to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING  Bruce Krider, La Quinta (in-person) – [used speaker time donated by resident Dennis McLatcher and Laura Dolata] – opposes the project  Tom Jensen, La Quinta (Zoom) – opposes the project
 Colin Barrows, La Quinta (Zoom) – opposes the project  Gianna Wright, La Quinta (Zoom) – opposes the project  Jessica Lenz, La Quinta (Zoom) – opposes the project
 Sandy Hernandez, La Quinta (Zoom) – member Cactus-to-Cloud Institute, opposes the project
 Kathy Weiss, La Quinta (Zoom) – opposes the project
 Alex De La Cruz, La Quinta (Zoom) – opposes the project  Juline Holliday, La Quinta (Zoom) – opposes the project  Elizabeth Erickson, La Quinta (Zoom) – a UC certified California Naturalist and California Climate Steward; opposes the project The following WRITTEN PUBLIC COMMENTS, in OPPOSITION of the project, listed in alphabetical order, were received, distributed to Council, made available on the City’s website, and included in the record of this meeting:
 Edward Armendarez
 Sally and Robert Arroyo
 Fritz Bachli
 Tracy Bartlett and Katie
Barrows
 Guy and Barbara Bishop
 Alena Callimanis
 Eve Castles
 Scott Connelly
 Richard G. Dale, JD
 Patricia Jones
 Angie Lafferty
 La Quinta Residents for
Responsible Development
 Marge Pierce
 Susan Rosenberg
 Linda Joy Salas
 SBEMP – Bruce Bauer, Attorney
 Joan Speer
 Susan St. Louis
 Dorian Whitney
 Derek Wong
 Gianna Wright
The following WRITTEN PUBLIC COMMENTS, in SUPPORT of the project, listed in alphabetical order, were received, distributed to Council, made available on the City’s website, and included in the record of this meeting:
 Karen Ahaesy
 Wesley Ahlgren
 Tim Albinson
 Maria Allgood
 Jon Arman
 Justin Ayre
 Ton7 and Cynthia Bouza
 John Caskey
 Jito Chadha
 Frank Chanault
 Come Chantrel
 Gerald Chertavian
 Mike Courson
 Clay DellaCava
 Ian deQueiroz
 Douglas Durkin
 Matt Ginella
 Kent Goldman
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING  Jeff Gordon
 Matthew Gray
 Chris Grow
 David Henry
 Scott Hudgins
 Britt Joyce
 Davin Kazama
 Deborah Kent-Clark
 Sid Landolt
 David Leff
 Rob Leff
 Jenny M.
 Andrew Mackenzie
 Logan Malouf
 Cory Martin
 Thomas McDaniel
 Kai McDonald
 Carl J. Montante III
 Scott Moore
 Breene Murphy
 Kevin Murphy
 Leah Nappi and Family
 Kevin Parra
 Garrett Paul
 Danica Bujic Perez
 Michael Pinto
 Mark and Logan Platzer
 Carrie Schwab Pomerantz
 Marie Radimsky
 Lee Redmond
 Mike Regan
 Chuy Reyna
 Keenan Rice and Family
 Tatiana Ruvelson
 Hunter and Tyson Solomon
 Courtney Schwab
 Samantha Schwab
 Bruce Steel
 Dave Stein
 Paula Turner
 Connie Varelli
 Visit Greater Palm Springs
 Lee Vosburgh
 Jason and Molly Waggoner
 Circe Wallace
 Greg Washer
 Frank Weigel
 Doug Weitman
 Carter Westfall
 Kevin Wright
PUBLIC SPEAKER IN-PERSON: James Vaugh, Esq., CEQA and land use counsel for the project – provided rebuttal comments to the public comments with regards to water usage, evaporation, drought, groundwater replenishment, accuracy of WSA data, lighting, noise, special events, zone change, STVRs, economics, greenhouse gas emissions, and visual and traffic impacts.

PUBLIC SPEAKER IN-PERSON: Alena Callimanis, La Quinta – stated that there are several inaccuracies in the reports.

Council discussed double standards regarding this project and other developments with lakes; opposing interests regarding STVRs; City’s limited control over this private property; being put in the position of having to decide policy for CVWD and IID; and the responsibility of Council to openly and objectively review any development proposal submitted to the City.

THE PUBLIC HEARING REMAINED OPEN
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to continue this Public Hearing at a special meeting to be held July 5, 2022, at 4:00 p.m. Motion passed unanimously.

DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS - none

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
 CVAG EXECUTIVE COMMITTEE
La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organization’s meeting:
 COACHELLA VALLEY MOUNTAINS CONSERVANCY
La Quinta’s representative for 2022, Councilmember Peña reported on his participation in the following organizations’ meetings:
 IID ENERGY CONSUMERS’ ADVISORY COMMITTEE
 SUNLINE TRANSIT AGENCY
La Quinta’s representative for 2022, Councilmember Radi reported on his participation in the following organization’s meeting:
 CVAG TRANSPORTATION COMMITTEE

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 1:22 A.M.

CLOSED SESSION – CONTINUED

4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: BILL IHRKE, CITY ATTORNEY; AND
UNREPRESENTED EMPLOYEE: CITY MANAGER

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 1:31 A.M. WITH ALL MEMBERS PRESENT 27 Click Here to Return to Agenda
MINUTES Page 18 of 18 JUNE 7, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported no actions were taken on Closed Session Item No. 4 that require reporting pursuant to Government Code section 54957.1 (Brown Act).

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Radi to adjourn at 1:31 a.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: June 21, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FOUR

COUNCILMEMBERS, CITY MANAGER, CITY CLERK, AND TWO DIRECTORS TO

ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, SEPTEMBER 7-9, 2022

RECOMMENDATION
Authorize overnight travel for four Councilmembers, the City Manager, City Clerk, and two department Directors to attend the League of California Cities Annual Conference in Long Beach, California, September 7-9, 2022.

EXECUTIVE SUMMARY
• The League of California Cities (League) is an association of California cities who collaborate to exchange information and combine resources to influence state legislation.
• The League’s Annual Conference (Conference) provides attendees the opportunity to participate in education sessions, discussion forums and networking.
• This item has been scheduled this far in advance so that attendees may obtain advance booking reduced rates.

FISCAL IMPACT
Estimated expenses are $1,600 per attendee; this cost includes conference registration, lodging and meals. There will be no air travel expense due to the conference location. Funds are included in the travel and training department budgets; City Council (101-1001-60320), City Manager (101-1002-60320), City Clerk (101-1005-60320), Director of Business and Housing Development (101- 1002-60320) and Director of Finance (101-1006-60320).

BACKGROUND/ANALYSIS
The League’s Annual Conference provides an opportunity for local leaders to learn from leading experts as well as from their peers. Education sessions and CONSENT CALENDAR ITEM NO. 2
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forums will include topics such as economic development, housing, public safety, communication and technology.

Further, the League’s Annual Business Meeting, held during the General Assembly, acts on resolutions that establish League policy; and Mayor Evans is the City’s voting delegate. Additionally, the Regional Riverside Division holds a meeting during this time.

Staff is requesting Council consideration of this matter at this time so that attendees may qualify for reduced rates. The League has opened registration for the September 2022 conference, and if members register now, they qualify for reduced registration and room rates.

ALTERNATIVES
Council could elect to reduce the number of attendees or not have anyone attend.

Prepared by: Teresa Thompson, Management Specialist
Approved by: Jon McMillen, City Manager
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH

TKE ENGINEERING, INC AND ERIC NELSON DBA RASA TO PROVIDE ON-CALL

MAP CHECKING SERVICES

RECOMMENDATION
Approve Agreements for Contract Services with TKE Engineering, Inc. and Eric Nelson dba RASA to provide on-call map checking services; authorize the City Manager to execute the agreements.

EXECUTIVE SUMMARY
• Subdivision Tract and Parcel Maps, legal descriptions and plats for lot line adjustments and parcel mergers must be reviewed by a licensed Land Surveyor for compliance with the Subdivision Map Act, and the Land Surveyor’s Act.
• Staff solicited proposals for these services from qualified firms; TKE Engineering (TKE) and Eric Nelson dba RASA (RASA) were the best qualified firms to provide these services.
• Each agreement would be approved for an amount not to exceed $50,000 per year for a three-year term, which provides flexibility to use one or both firms depending on work demand.

FISCAL IMPACT
These combined contracts could cost up to $50,000 annually, or a total of $150,000 during the three-year term. Funds are available in the FY 22/23 Public Works Map / Plan Checking account (101-7002-60183) for these services. The total amount budgeted for 2022/23 is $50,000; Staff cannot exceed the $50,000 budget without Council approval.

BACKGROUND/ANALYSIS
Subdivision Tract and Parcel Maps, legal descriptions and plats for lot line adjustments and parcel mergers must be reviewed by a licensed Land Surveyor CONSENT CALENDAR ITEM NO. 3
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for compliance with the Subdivision Map Act, and the Land Surveyor’s Act.

These are expertise and licenses staff does not possess.

In May 2022, the City received eight proposals to an on-call map checking services request for proposals. Staff reviewed the proposals and both TKE and RASA were selected as the top ranked firms; TKE (Attachment 1) and RASA (Attachment 2) were the most cost effective and qualified firms. CSG, CASC, ERSC, Interwest, VEI, and RKA also submitted proposals.

The contract authority would allow staff to utilize either consultant for the full “not to exceed” budget of $50,000; the monthly invoices would be tracked to ensure that the $50,000 annual budget for these services is not exceeded.

Staff requests this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments.

ALTERNATIVES
Council could elect not to approve one or both agreements.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., City Engineer
Attachments: 1. Agreement with TKE

2. Agreement with RASA
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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 TKE Engineering, Inc. (“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 OnCall Map Checking Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.

1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.

1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 1
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assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

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

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

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

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any 34 Click Here to Return to Agenda
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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 the amount of Fifty Thousand Dollars ($50,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Eric Nelson DBA RASA, of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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 35 Click Here to Return to Agenda
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actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any 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.
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3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2022, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Name: Terry Renner
(b) Phone: (951) 680-0440
(c) 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, discharge, supervision, or control of Contracting Party’s employees, servants, 38 Click Here to Return to Agenda
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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 that all personnel engaged in such work shall be fully qualified and shall be 39 Click Here to Return to Agenda
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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 increased or decreased cost related thereto and, if Contracting Party is 40 Click Here to Return to Agenda
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providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk 41 Click Here to Return to Agenda
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and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment.

Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

7.5 Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.

7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement 42 Click Here to Return to Agenda
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are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the 43 Click Here to Return to Agenda
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default of Contracting Party in the performance of the Services required by this Agreement.

8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. 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 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 44 Click Here to Return to Agenda
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to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.

8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee.

Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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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:

TKE Engineering, Inc.

Terry Renner, P.E., Q.S.D.

Senior Vice President
2305 Chicago Avenue
Riverside, CA 92507

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. 46 Click Here to Return to Agenda
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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.

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.
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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:

TKE Engineering, Inc.

By:

Name: Terry Renner, P.E., Q.S.D.

Title: Senior Vice President
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
By:

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
49 Click Here to Return to Agenda
Exhibit A

Exhibit A
Scope of Services
Map Checking
Subdivision Tract and Parcel Maps will be reviewed by a Land Surveyor licensed in the State of California for the procedure of survey, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor’s Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report.

This review includes, but is not limited to, the review of survey documentation, lot and boundary closure calculations, dedication and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked include the following:
o Title sheet format and certificates.
o Current legal descriptions.
o Correct assessor’s parcel being subdivided per the title report and Tract/Parcel Map.
o Check closure of subdivision boundary and individual lots against traverse. o Verify lot areas against traverse.
o Check for correct mathematics.
o Clarity of drafting.
o Proper delineation and identification of record data. o All appropriate data in the title report is shown on the map. o Proper reference to adjacent recorded maps and ties thereto. o Proper reference and ties to found/set monumentation. o Minimum lot sizes meeting the requirements of zoning of the Tentative Map. o Conditions of approval identified by the subdivision resolution are properly satisfied.
o Boundary tied to the California Coordinate System.
o Verify ownership shown on the map against the title report. o Verify easements and completeness of easement call outs.

In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services:
o Review Lot Line Adjustment documents.
o Review Parcel Merger documents
o Prepare legal descriptions and plats.
o Review benchmarks and associated documents
o Answer Subdivision Map Act related questions
50 Click Here to Return to Agenda
Exhibit A

Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code.

The City will furnish to the Contractor, upon request, a copy of such prevailing wage rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site.

Deliverables Required:

Normal plan check operations will be conducted as follows:
1st Submittal:

Upon completing the 1st review, the Consultant shall submit the “red lined” map and a copy of the applicable Map Check List to the applicant.

2nd and Subsequent Submittals:

Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit “red lined” map and a copy of the applicable 2nd review Map Check List to the applicant. The process of applicant correction, Consultant review and “red lined” map return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant.

If necessary, the Consultant shall be available to meet in La Quinta with City staff and/or the applicant to review the map check comments. The Consultant will communicate directly with the applicant regarding map check issues and clarifications. The City desires an average of no more than 3 map check rounds before Consultant map approval.

The Consultant shall be required to use the City’s TRAKiT software in the map check process. The Consultant shall also be required to purchase or obtain the Bluebeam Revu software to allow electronic review and commenting of plans.

The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. 51 Click Here to Return to Agenda
Exhibit A

Performance Standards:

The Consultant shall adhere to the following map check schedule:

Map Submittal Map Check Turn-Around (From Receipt from City Staff) 1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed.

AT NO ADDITIONAL COST TO THE CITY:

The Consultant shall provide a hand held (type) cellular telephone for each map checker assigned to the City Project(s) to assure rapid availability by telephone.

The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site.

The Consultant shall respond to requests for map check within twenty-four (24) hours.

The Consultant shall supply all necessary tools and materials to perform their work.

The Consultant shall purchase Blubeam Revu Standard software, which Consultant shall use for the electronic review of plans and maps. 52 Click Here to Return to Agenda
Exhibit A

ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY53 Click Here to Return to Agenda Exhibit A

FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors.

2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.

3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 54 Click Here to Return to Agenda
Exhibit A

damages for delay arising from the removal or relocation of such unidentified utility facilities.

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 55 Click Here to Return to Agenda
Exhibit A

bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages.
56 Click Here to Return to Agenda
Exhibit B

Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Fifty Thousand Dollars ($ 50,000.00) per year for the life of the agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 57 Click Here to Return to Agenda
 





 



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Exhibit B

58 Click Here to Return to Agenda
Revised June 2021

RATE SCHEDULE
2021- 2022
HOURLY
RATE
Principal in Charge.. .......... .......... .......... ...................... .......... .......... .......... $175.00 Project Manager/Construction Manager/Licensed Surveyor ..... .......... .......... $165.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker.... .......... .......... $155.00 Associate Engineer . .......... .......... .......... ...................... .......... .......... .......... $145.00 Assistant Engineer/Plan Checker/Designer.................... .......... .......... .......... $135.00 AutoCAD Technician.......... .......... .......... ...................... .......... .......... .......... $125.00 Engineering Technician...... .......... .......... ...................... .......... .......... .......... $ 90.00 Clerical ........ .......... ......... .......... .......... ...................... .......... .......... .......... $ 85.00 Forensic Engineering ......... .......... .......... ...................... .......... .......... .......... $250.00 Expert Witness Testimony .......... .......... ...................... .......... .......... .......... $350.00

SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage).... ...................... .......... .......... .......... $240.00

CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........... .......... .......... .......... $120.00 Construction Inspector (Prevailing Wage) ...................... .......... .......... .......... $110.00

REIMBURSABLE COSTS
In-house Reproduction ...... .......... .......... ...................... .......... .......... .......... Cost Printing and Materials ........ .......... .......... ...................... .......... .......... .......... Cost + 10% Express Mail/Courier/Next Day Service .. ...................... .......... .......... .......... Cost + 10% Special Subconsultant Services ... .......... ...................... .......... .......... .......... Cost + 10% Exhibit B

59 Click Here to Return to Agenda
Exhibit C

Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested, within the time allowed by the contract term.
60 Click Here to Return to Agenda
Exhibit D

Exhibit D
Special Requirements
NONE
61 Click Here to Return to Agenda
Exhibit E

Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:

Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.

Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 62 Click Here to Return to Agenda
Exhibit E

damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads.

The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.

If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.

Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.

E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy 63 Click Here to Return to Agenda
Exhibit E

endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.

Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.

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

1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.

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

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

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

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

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises.

Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.

8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

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

10. Contracting Party agrees not to self-insure or to use any selfinsured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and 65 Click Here to Return to Agenda
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further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.

12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of noncompliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

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

15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.

A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
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Exhibit E

16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.

19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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Exhibit F

Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 68 Click Here to Return to Agenda
Exhibit F

provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
d. Indemnification Provision for Design Professionals.

1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.

2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.

3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions 69 Click Here to Return to Agenda
Exhibit F

identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement.
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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 Eric Nelson DBA RASA (“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 OnCall Map Checking Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.

1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.

1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 2
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assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

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

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

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

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any 72 Click Here to Return to Agenda
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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 the amount of Fifty Thousand Dollars ($50,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and TKE Engineering, Inc., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under both agreements. 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 73 Click Here to Return to Agenda
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actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any 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.
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3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2022, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Name: Eric Nelson, PLS
(b) Phone: (760) 738-8709
(c) 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, discharge, supervision, or control of Contracting Party’s employees, servants, 76 Click Here to Return to Agenda
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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 that all personnel engaged in such work shall be fully qualified and shall be 77 Click Here to Return to Agenda
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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 increased or decreased cost related thereto and, if Contracting Party is 78 Click Here to Return to Agenda
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providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk 79 Click Here to Return to Agenda
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and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment.

Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

7.5 Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.

7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement 80 Click Here to Return to Agenda
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are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the 81 Click Here to Return to Agenda
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default of Contracting Party in the performance of the Services required by this Agreement.

8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. 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 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 82 Click Here to Return to Agenda
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to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.

8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee.

Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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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:

Eric Nelson DBA RASA
Eric Nelson, PLS
534 Rancho Terrace
Escondido, CA 92026

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. 84 Click Here to Return to Agenda
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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.

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.
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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:

Eric Nelson DBA RASA
By:

Name: Eric Nelson, PLS
Title: Sole Proprietor/Owner
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
By:

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
87 Click Here to Return to Agenda
Exhibit A

Exhibit A
Scope of Services
Map Checking
Subdivision Tract and Parcel Maps will be reviewed by a Land Surveyor licensed in the State of California for the procedure of survey, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor’s Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report.

This review includes, but is not limited to, the review of survey documentation, lot and boundary closure calculations, dedication and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked include the following:
o Title sheet format and certificates.
o Current legal descriptions.
o Correct assessor’s parcel being subdivided per the title report and Tract/Parcel Map.
o Check closure of subdivision boundary and individual lots against traverse. o Verify lot areas against traverse.
o Check for correct mathematics.
o Clarity of drafting.
o Proper delineation and identification of record data. o All appropriate data in the title report is shown on the map. o Proper reference to adjacent recorded maps and ties thereto. o Proper reference and ties to found/set monumentation. o Minimum lot sizes meeting the requirements of zoning of the Tentative Map. o Conditions of approval identified by the subdivision resolution are properly satisfied.
o Boundary tied to the California Coordinate System.
o Verify ownership shown on the map against the title report. o Verify easements and completeness of easement call outs.

In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services:
o Review Lot Line Adjustment documents.
o Review Parcel Merger documents
o Prepare legal descriptions and plats.
o Review benchmarks and associated documents
o Answer Subdivision Map Act related questions
88 Click Here to Return to Agenda
Exhibit A

Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code.

The City will furnish to the Contractor, upon request, a copy of such prevailing wage rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site.

Deliverables Required:

Normal plan check operations will be conducted as follows:
1st Submittal:

Upon completing the 1st review, the Consultant shall submit the “red lined” map and a copy of the applicable Map Check List to the applicant.

2nd and Subsequent Submittals:

Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit “red lined” map and a copy of the applicable 2nd review Map Check List to the applicant. The process of applicant correction, Consultant review and “red lined” map return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant.

If necessary, the Consultant shall be available to meet in La Quinta with City staff and/or the applicant to review the map check comments. The Consultant will communicate directly with the applicant regarding map check issues and clarifications. The City desires an average of no more than 3 map check rounds before Consultant map approval.

The Consultant shall be required to use the City’s TRAKiT software in the map check process. The Consultant shall also be required to purchase or obtain the Bluebeam Revu software to allow electronic review and commenting of plans.

The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. 89 Click Here to Return to Agenda
Exhibit A

Performance Standards:

The Consultant shall adhere to the following map check schedule:

Map Submittal Map Check Turn-Around (From Receipt from City Staff) 1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed.

AT NO ADDITIONAL COST TO THE CITY:

The Consultant shall provide a hand held (type) cellular telephone for each map checker assigned to the City Project(s) to assure rapid availability by telephone.

The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site.

The Consultant shall respond to requests for map check within twenty-four (24) hours.

The Consultant shall supply all necessary tools and materials to perform their work.

The Consultant shall purchase Blubeam Revu Standard software, which Consultant shall use for the electronic review of plans and maps. 90 Click Here to Return to Agenda
Exhibit A

ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY91 Click Here to Return to Agenda Exhibit A

FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors.

2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.

3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 92 Click Here to Return to Agenda
Exhibit A

damages for delay arising from the removal or relocation of such unidentified utility facilities.

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 93 Click Here to Return to Agenda
Exhibit A

bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages.
94 Click Here to Return to Agenda
Exhibit B

Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Fifty Thousand Dollars ($ 50,000.00) per year for the life of the agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 95 Click Here to Return to Agenda
Map Check Compensation
Map check payment shall be made in full at a “fixed fee” rate of:

Tract Maps $ _________ plus $_________ per lot
Parcel Maps $ _________ plus $_________ per parcel
Lot Line Adjustments $ _________ plus $_________ per line adjusted Parcel Mergers $ _________ for two merging parcels plus $__________for each additional parcel
Other miscellaneous projects, research, and reports $ _________ per hour - no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule.

Consultant receives no additional compensation for review of supporting documents including, but not limited to grant deeds, preliminary title reports, conditions of approval, tentative tract and parcel maps.

Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City.

Consultant receives no additional compensation for travel to and from City Hall.

Compensation for the first three plan checks shall be distributed at the following schedule:

First Plan Check 65% of the Total Plan/Map Check Fee
Second Plan Check 20% of the Total Plan/Map Check Fee
Third Plan Check 15% of the Total Plan/Map Check Fee
The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check.

The Consultant shall separately invoice per plan and per plan check. No exceptions will be allowed to the payment schedule.
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Exhibit C

Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, as requested, within the time allowed by the contract term.
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Exhibit D

Exhibit D
Special Requirements
NONE
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Exhibit E

Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:

Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.

Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 99 Click Here to Return to Agenda
Exhibit E

damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads.

The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.

If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.

Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.

E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy 100 Click Here to Return to Agenda
Exhibit E

endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.

Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.

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

1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.

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

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

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

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

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises.

Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.

8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

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

10. Contracting Party agrees not to self-insure or to use any selfinsured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and 102 Click Here to Return to Agenda
Exhibit E

further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.

12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of noncompliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

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

15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.

A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
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Exhibit E

16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.

19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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Exhibit F

Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 105 Click Here to Return to Agenda
Exhibit F

provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
d. Indemnification Provision for Design Professionals.

1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.

2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.

3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions 106 Click Here to Return to Agenda
Exhibit F

identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement.
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022

STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH

DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF TWO

SCHOOL RESOURCE OFFICERS

RECOMMENDATION
Approve a Memorandum of Understanding with Desert Sands Unified School District for partial funding of two School Resource Officers; and authorize the City Manager to execute the document.

EXECUTIVE SUMMARY
 The Memorandum of Understanding (MOU) with Desert Sands Unified School District (DSUSD) (Attachment 1) provides for a 50/50 cost sharing of two School Resource Officers (SRO) for three fiscal years (FY) from 2022/23 to 2024/25.
 The two SROs will be assigned to La Quinta High School, Summit High School, La Quinta Middle School and Colonel Mitchell Paige Middle School.

FISCAL IMPACT
The City’s cost is an estimate only for approximately $230,000 for FY 2022/23.

Funds are available in the proposed police budget (101-2001-60168). DSUSD will submit an invoice to the City using the percent of actual costs received from the Riverside County Sheriff's Department as the basis for invoicing.

BACKGROUND/ANALYSIS
DSUSD and the City have partnered to share the cost of SROs since 2003.

These two SROs will be assigned to La Quinta High School, Summit High School, La Quinta Middle School and Colonel Mitchell Paige Middle School throughout the school year.

CONSENT CALENDAR ITEM NO. 4
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The two SROs will perform the following duties: patrol school campuses, investigate crimes, maintain order on campuses, counsel students and their parents, as well as serve as liaisons at school sites in working closely with school district staff and other entities as part of their role. The SROs will be assigned to DSUSD on a full-time basis during the school year.

Under the MOU, the City agrees to reimburse DSUSD for fifty percent of the SRO’s contracted hours. Special events, such as school games, events and or ceremonies are excluded from this contract and will be covered solely by DSUSD.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Martha Mendez, Public Safety Manager
Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Memorandum of Understanding
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ATTACHMENT 1

AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND

THE CITY OF LA QUINTA FOR THE FUNDING AND PLACEMENT OF TWO SCHOOL

RESOURCE OFFICERS

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into for Fiscal Years 2022-2025 by and between Desert Sands Unified School District, hereafter referred to as DISTRICT, and the City of La Quinta, hereafter referred to as CITY.

The purpose of this MOU is to document the parties' understanding of the financial commitment for each agency to share the cost of two School Resource Officers.

The CITY and DISTRICT each agree to pay 50% of the cost of two School Resource Officers for the Fiscal Years 2022-2025. The parties agree to explore partnership opportunities through grants and available resources throughout the term of this agreement.

The School Resource Officers will be assigned to provide services at the following schools: La Quinta High School, Summit High School, Colonel Mitchell Paige Middle School, and La Quinta Middle School.

The CITY agrees to reimburse the DISTRICT for 50% of the two SROs' contracted hours.

Special events, including interscholastic athletic events, and graduation ceremonies, shall be covered by the DISTRICT.

By signing this MOU, the DISTRICT and CITY agree to financially contribute the matching portions of the funds. All rates are estimates. The DISTRICT will submit an invoice to the CITY using the percent of actual costs received from the Riverside County Sheriff's Department as the basis for invoicing.
_______________________________________________
Jordan Aquino, Assistant Superintendent Date
Business Services
_______________________________________________
Jon McMillen, City Manager Date
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022

STAFF REPORT
AGENDA TITLE: APPROVE JOINT USE OF FACILITY AND SERVICES

AGREEMENT WITH THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY

RECOMMENDATION
Approve Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, and authorize the City Manager to execute the Agreement.

EXECUTIVE SUMMARY
• The City contracts with the Boys and Girls Club of Coachella Valley (Club) for the use of the President Gerald R. Ford Boys and Girls Club facility.
• The City uses the classroom spaces and gymnasium for recreation programs and community activities.

FISCAL IMPACT
The two-year agreement (Attachment 1) provides $40,000 annually to fund Club sponsored youth programs; the annual payments are $20,000 from the General Fund (101-3001-60135) and $20,000 from Community Development Block Grant (CDBG) funds (210-0000-60135).

BACKGROUND/ANALYSIS
In February 1992, the Club entered a 40-year land lease with the City wherein the Club leased City land and constructed a facility. The land lease expires in 10 years.

In December 1995, the Council approved the first Facility Use Agreement with the Club. Through this, and subsequent Agreements, the City provides youth and adult sports programs at the facility, and the Club also receives City funds to provide recreation programs to children ages 7 to 17 throughout the year.

The two-year agreement term is July 1, 2022 to June 30, 2024 with an option to renew for an additional 4 years.

CONSENT CALENDAR ITEM NO. 5
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ALTERNATIVES
Since this is a long-standing partnership to support youth programming, staff does not recommend an alternative.

Prepared by: Christina Calderon, Community Resources Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Joint Use of Facility and Services Agreement 114 Click Here to Return to Agenda
ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITIES OF LA QUINTA, INDIO, AND

COACHELLA, EXTENDING THE TERM FOR ONE ADDITIONAL YEAR THROUGH 2022/23 AND APPROPRIATED BUDGET, TO SHARE THE ACQUISITION COST

OF A LADDER TRUCK

RECOMMENDATION
Approve Amendment No. 1 to the Memorandum of Understanding between the Cities of La Quinta, Indio, and Coachella, extending the term for one additional year through 2022/23 and appropriated budget, to share the acquisition cost of a ladder truck in an amount not to exceed $350,000 for La Quinta’s portion; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
• In 2020, the cities of La Quinta, Indio, and Coachella signed a Memorandum of Understanding (MOU) to split the acquisition cost among the three cities as follows; La Quinta 25%, Indio 50% and Coachella 25%.
• The new ladder truck is set to replace the existing 16-year-old ladder truck that has exceeded its life expectancy.
• Amendment No. 1 extends the term of the MOU for one additional year, as the manufacturer has experienced significant delays due to COVID19.

FISCAL IMPACT
Approval of this extension to the MOU will allow the Fire Department to secure a new ladder truck. Payment would coincide with delivery, which would be within FY 2022-23. The total truck cost is $1,400,000; the City’s share will not exceed $350,000.

CONCENT CALENDAR ITEM NO. 6
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BACKGROUND/ANALYSIS
In 2006, the original ladder truck was purchased using tribal gaming grant funds to expand fire response capabilities in the region. On September 15, 2020, City Council approved the Memorandum of Understanding between the Cities of La Quinta, Indio, and Coachella to share the acquisition cost of a new ladder truck to replace the 16-year truck that has exceeded its life expectancy.

The original delivery date was set for early 2022, however, due to COVID-19 related delays, and supply chain issues, the manufacturer is requesting a 12- month extension for delivery of the fire truck to the Riverside County Fire Department.

ALTERNATIVES
Council may elect not to extend the term of this MOU.

Prepared by: Martha Mendez, Public Safety Manager
Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Amendment No. 1 to Memorandum of Understanding between Cities of La Quinta, Indio and Coachella for Fire Ladder Truck Acquisition Agreement
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AMENDMENT NO. 1 TO

MOU BETWEEN THE CITY OF LA QUINTA, THE CITY OF INDIO, AND

THE CITY OF COACHELLA TO SHARE THE ACQUISITION COST OF A

LADDER TRUCK
This AMENDMENT NO. 1 TO MOU BETWEEN THE CITY OF LA QUINTA, THE

CITY OF INDIO, AND THE CITY OF COACHELLA TO SHARE THE ACQUISITION COST OF A LADDER TRUCK (“Amendment No. 1”) is made and entered into as of the ___ day of June, 2022 ("Effective Date") by and between the City of La Quinta, the City of Indio, and the City of Coachella, each a duly created city (hereinafter each a “CITY” and collectively the “CITIES”).

RECITALS
WHEREAS, on or about July 1, 2020, the CITIES entered into that certain

MOU BETWEEN THE CITY OF LA QUINTA, THE CITY OF INDIO, AND THE CITY OF COACHELLA TO SHARE THE ACQUISITION COST OF A LADDER TRUCK for the purchase and joint use of the ladder truck. The CITIES have contracted with the County of Riverside individually for the provision of Fire Protection, Fire Prevention, Rescue, and Medical Services in a separate cooperative agreement respectively.

WHEREAS, on or about July 1, 2020, the CITIES entered into that certain

MOU BETWEEN THE CITY OF LA QUINTA, THE CITY OF INDIO, AND THE CITY

OF COACHELLA TO SHARE THE ACQUISITION COST OF A LADDER TRUCK, have agreed to replace the existing truck with a new truck, with the City of Indio contributing fifty percent (50%), City of La Quinta contributing twentyfive percent (25%), and City of Coachella contributing twenty-five percent (25%) of the total cost. The actual cost of the truck will not exceed One Million Four Hundred Thousand Dollars ($1,400,000); and
WHEREAS, the Cities have mutually agreed to extend the MOU for one additional year until June 30, 2023; and
Now THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

AMENDMENT
In consideration of the foregoing Recitals, which are a substantive part of this Amendment No. 1 and incorporated herein, and the covenants and ATTACHMENT 1
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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 IV: Term is being extended, by mutual agreement of all parties, for one additional year commencing July 1, 2022, and ending June 30, 2023 (“Extended Term”)

2. Except as specifically amended herein, the MOU shall remain in full force and effect in accordance with the terms therein.
[signatures on next page]
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IN WITNESS WHEREOF, the CITIES have executed this Amendment No. 1 on the respective dates set forth below.

CITY OF LA QUINTA
____ Dated:

JON McMILLEN, City Manager
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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CITY OF INDIO
____ Dated:

BRYAN MONTGOMERY, City Manager
City of Indio, California
ATTEST:

Cynthia Hernandez, City Clerk
City of Indio, California
APPROVED AS TO FORM:
___
ROXANNE M. DIAZ, City Attorney
City of Indio, California
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CITY OF COACHELLA
____ Dated:

DR. GABRIEL MARTIN, City Manager
City of Coachella, California
ATTEST:

ANDREA CARRANZA, Deputy City Clerk
City of Coachella, California
APPROVED AS TO FORM:
___
CARLOS L. CAMPOS, City Attorney
City of Coachella, California
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 5 TO GOLF COURSE

MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR

SILVERROCK GOLF COURSE MANAGEMENT SERVICES

RECOMMENDATION
Approve Amendment No. 5 to Golf Course Management Agreement with Landmark Golf Management, LLC to provide SilverRock golf course management services for one additional year until June 30, 2023, for a total not to exceed amount of $124,488; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
 In 2013, the City entered into a five-year Golf Course Management Agreement (Agreement) with Landmark Golf Management (Landmark) for SilverRock golf course management services, which was extended in 2018, 2019, 2020, and 2021 (Amendment Nos. 1, 2, 3, and 4), and will expire effective June 30, 2022.
 Amendment No. 5 (Attachment 1) will extend the term for one year, through June 30, 2023; the Agreement allows for one additional extension if desired to continue coordinating with the development of the hotels and other adjacent facilities.
 Amendment No. 5 includes a 5% increase to the annual management fee from $118,560 to $124,488.

FISCAL IMPACT
The golf course annual management fee pursuant to Amendment No. 5 for 2022/23 would be $124,488. This amount is included in the proposed 2022/23 SilverRock Resort Annual Plan and the fiscal year 2022/23 budget in account 601-0000-60208.

CONSENT CALENDAR ITEM NO. 7
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BACKGROUND/ANALYSIS
In July 2013, the City entered into a five-year Agreement with Landmark for SilverRock golf course management services, which was extended in 2018 (Amendment No. 1), 2019 (Amendment No. 2), 2020 (Amendment No. 3); and in 2021 (Amendment No. 4); the term will expire on June 30, 2022.

As SilverRock Development Company proceeds with construction of the hotels, conference center, and adjacent amenity buildings, it is in the best interest of the City to continue using Landmark as the golf course operator during this period.

Amendment No. 5 provides the following changes:
 Extend the term until June 30, 2023 (Section 2.2 Management Term);  Reinstate the deposits from the Golf Course Accounts for the 2% Capital Improvement funds until June 30, 2023 (Section 3.10.1 Capital Improvement Funds);
 Increase the annual Management Fee by 5% for a total annual amount of $124,488 (Section 4.1.1) for fiscal year 2022/23;
 Reinstatement of the 2% Capital Improvement funds is recommended to ensure funding is available for anticipated improvements as aging infrastructure reaches its useful life. The estimated amount for FY 2022/23 is $75,000 and is included in the proposed SilverRock operating budget.

ALTERNATIVES
Due to the timeline of the development by SilverRock Development Company and the operational knowledge of the golf course by Landmark, no alternatives are recommended at this time.

Prepared by: Claudia Martinez, Finance Director
Approved by: Jon McMillen, City Manager
Attachment: 1. Amendment No. 5 to Golf Course Management Agreement 136 Click Here to Return to Agenda
AMENDMENT NO. 5

TO GOLF COURSE MANAGEMENT AGREEMENT
This Amendment No. 5 (“Amendment 5”) to Golf Course Management Agreement (“Agreement”) is made and entered as of the 1st day of July 2022 (“Effective Date”) by and between the CITY OF LA QUINTA (“City”), a California municipal corporation, and LANDMARK GOLF MANAGEMENT, LLC. (“Manager”).

RECITALS
WHEREAS, on or about July 1, 2013, the City and Manager entered into an Agreement to provide services related to managing golf course operations at SilverRock Resort; and
WHEREAS, on or about July 1, 2018, the City and Manager executed Amendment No. 1 and mutually agreed to amend Section 4.1.1 increasing the Management Fee for a total not to exceed amount of $114,000, and to extend the term for one additional year from July 1, 2018 until June 30, 2019 (“Extended Term”); and
WHEREAS, on or about June 19, 2019, the City and Manager executed Amendment No. 2 and mutually agreed to amend:
 Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2019 to June 30, 2020 (“Extended Term”); and
 Section 3.10.1 Capital Improvement Funds by suspending deposit from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2020; and
 Section 4.1.1 Management Fee by increasing the annual management fee by 4% for a total not to exceed amount of $119,000 for fiscal year 2019/20; and
 Section 8.1 Termination by City by granting the City sole discretion, without penalty or cause to terminate the Agreement on any date after June 30, 2020 with a minimum sixty (60) day prior Written Notice on early termination to Landmark.

WHEREAS, on or about June 16, 2020, the City and Manager executed Amendment No. 3 and mutually agree to amend:
 Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2020 to June 30, 2021 (“Extended Term”); and
ATTACHMENT 1 137 Click Here to Return to Agenda
 Section 4.1.1 Management Fee by decreasing the annual fee by 5% to a total not to exceed amount of $112,632 for fiscal year 2020/21.

WHEREAS, on or about June 1, 2021, the City and Manager executed Amendment No. 4 and mutually agree to amend:
 Section 2.2 Management Term by extending the Term for one additional year, from July 1, 2021 to June 30, 2022 (“Extended Term”); and
 Section 3.10.1 Capital Improvement Funds by reinstating deposits from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2022; and
 Section 4.1.1 Management Fee by implementing an annual increase to the annual fee, reinstating it to the previous not to exceed amount of $118,560 for fiscal year 2021/22.

WHEREAS, City and Manager would like to execute Amendment No. 5 and mutually agree to extend the term of the Agreement for one additional year, from July 1, 2022 to June 30, 2023 (“Extended Term”) pursuant to Section 2.2 Management Term; and
WHEREAS, City and Manager mutually agree to reinstate deposits from the Golf Course Accounts for the 2% Capital Improvement Funds pursuant to Section 3.10.1 Capital Improvement Funds until June 30, 2023; and WHEREAS, City and Manager mutually agree to amend Section 4.1.1 Management Fee by implementing a five percent (5%) annual increase to the Management fee for a total not to exceed annual amount of $124,488 for fiscal year 2022/23; and
WHEREAS, Section 8.1 Termination by City was amended via Amendment No. 2 to change the date by which the City, in its sole discretion, without penalty or cause, may terminate the Management Term on any date after June 30, 2020, with a minimum sixty (60) day prior Written Notice on early termination to Landmark, and will remain in full force and effect.

NOW, THEREFORE, in consideration of the mutual covenants 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 138 Click Here to Return to Agenda
and receipt of which are hereby acknowledged, the parties hereto agree as follows:

2.2 Management Term
The Management Term shall commence July 1, 2022. The Management Term and this Agreement shall end on June 30, 2023.

3.10.1 Capital Improvement Funds
City shall reinstate deposits from the Golf Course Accounts for the 2% Capital Improvement Funds until June 30, 2023.

4.1.1 Management Fees
Manager shall receive from City an annual Management Fee in the amount of One Hundred and Twenty-Four Thousand Four Hundred and Eighty-Eight Dollars ($124,488) until expiration of the Agreement.

In all other respects, the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, and Amendment No. 4 shall remain in effect.

IN WITNESS WHEREOF, the City and Manager have executed this Amendment No. 5 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA LANDMARK GOLF MANAGEMENT, LLC
a California municipal corporation
and Charter City
By:_________________________ By: ______________________ Jon McMillen, City Manager Andy Vossler, President & CEO Date: _______________________ Date: _____________________ ATTEST:
____________________________
Monika Radeva, Deputy City Clerk
City of La Quinta, California
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APPROVED AS TO FORM:
____________________________
William H. Ihrke, City Attorney
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2

EXTENDING THE TERMS AND CONDITIONS OF THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION

RECOMMENDATION
Adopt a Resolution to approve Amendment No. 2, extending the terms and conditions of the current Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees’ Association.

EXECUTIVE SUMMARY
• Council approved the current Memorandum of Understanding (MOU) on June 15, 2021, and Amendment No. 1 on August 3, 2021.
• The current MOU between the City of La Quinta (City) and the La Quinta Employee’s Association (Association) will expire on June 30, 2022. • Under Amendment No. 2, the City and the Association mutually agree to extend the terms and conditions of the current MOU until a successor MOU is ratified.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The current MOU between the City and the Association expires on June 30, 2022. The City and the Association began labor negotiations to meet and confer over wages, hours, terms, and conditions of employment and have not yet reached an agreement. In the true spirit of cooperation and to equitably serve the needs of both parties, the City and Association have agreed to extend the terms and conditions of the current MOU. The extension of the current MOU will allow both parties to meet and confer in good faith in order to reach agreement, ratify and execute a successor MOU.

CONSENT CALENDAR ITEM NO. 8
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ALTERNATIVES
Staff does not recommend any alternatives. Denial of staff’s recommendation may impact labor negotiations between the City and the Association.

Carla Triplett, Human Resources Analyst
Chris Escobedo, Community Resources Director
Prepared by:

Approved by:
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RESOLUTION NO. 2022 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, APPROVING
AMENDMENT NO. 2 EXTENDING THE TERMS AND

CONDITIONS OF THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LA

QUINTA AND THE LA QUINTA CITY EMPLOYEE

ASSOCIATION
WHEREAS, Council adopted Resolution No. 2021-022 on June 15, 2021, approving the current Memorandum of Understanding (MOU) between the City of La Quinta (City) and the La Quinta Employees’ Association (Association), which expires on June 30, 2022; and
WHEREAS, Council adopted Resolution No. 2021-029 on August 3, 2021, approving Amendment No. 1 to the MOU, which increased the health benefit cap to $1,832.01 per month, per employee, effective January 1, 2022; and
WHEREAS, the City and the Association have mutually agreed to extend the MOU until good faith negotiations between both parties have concluded and a new MOU is executed.

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

SECTION 1. The City and Association mutually agree to extend the terms and conditions of the current MOU until a successor MOU is ratified as set forth in Amendment No. 2 of the MOU between the City and the Association, attached hereto as Exhibit A and incorporated herewith by this reference, to the extent the City may legally do so in accordance with the time constraints of said MOU.

PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. 2022-XXX
LQCEA Amendment No. 2 to MOU
Adopted: June 21, 2022

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

EXHIBIT A
ADOPTED: JUNE 21, 2022
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City of La Quinta
CITY COUNCIL MEETING: June 21, 2022

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23

INVESTMENT POLICY

RECOMMENDATION
Adopt a resolution to approve the Fiscal Year 2022/23 Investment Policy.

EXECUTIVE SUMMARY
• The California Government Code requires the City Treasurer to submit an annual statement of investment policy.
• As part of their work plan, and as stated in Section XVIII of the City’s Investment Policy (Policy), the Financial Advisory Commission (FAC) is asked to review the Policy annually.
• The FAC reviewed and approved the draft 2022/23 Policy on June 1, 2022.

FISCAL IMPACT - None.

BACKGROUND
The City was awarded the Investment Policy Certificate of Excellence from the Association of Public Treasurers of the United States and Canada (APT US&C) in 2020/21, as well as certifications from the California Municipal Treasurers Association (CMTA) in 2018/19 and 2019/20. In addition, there were no new regulatory changes in FY 2021/22 that affected the City’s policy; therefore, staff recommends no significant changes to the current policy. The following minor edits, along with punctuation or format changes, are identified as redlined in Exhibit A to the proposed Resolution:
• Section III Scope: Changed the reference to the City’s annual report to reflect the new name adopted by the Government Finance Officers Association: the Annual Comprehensive Financial Report (ACFR).

CONSENT CALENDAR ITEM NO. 9
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• Section IX Authorized Financial Dealers: Changed the name and contact information for the state agency that oversees broker/dealers in California to the California Department of Financial Protection and Innovation.
• Section IX Authorized Financial Dealers: Under bullet 2, added the National Credit Union Share Insurance Fund as an acceptable insurance, to match reference in Section X under Certificates of Deposit. Also added the full report name for “Call Reports” as well as a link to find them online.
• Section X Permissible Deposits and Investments: Updated references to specific U.S. Government Sponsored Enterprises (GSEs, also known as Agencies). Also clarified the amount of the investment portfolio that can be invested in Corporate Notes to match the State Code. • Edits to Appendix D-Approved Financial Institutions to reflect name changes, to add the County Pooled Investment Fund, and to add the bank at which business is conducted for the Dune Palms Mobile Estates. • Edits to Appendix F-Glossary to match revisions in other sections, such as references to ACFR and GSEs.

ALTERNATIVES
The policy has been recognized by APT US&C and CMTA as being comprehensive as written, therefore, no alternatives are recommended.

Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Claudia Martinez, Finance Director
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RESOLUTION NO. 2022 - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA APPROVING
AND ADOPTING FISCAL YEAR 2022/2023

INVESTMENT POLICY
WHEREAS, the general purpose of the Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta; and
WHEREAS, the primary objectives, in order of priority, of the City of La Quinta’s investment activity shall be:

Safety of principal is the foremost objective of the investment program.

Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.

The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated.

The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs; and
WHEREAS, authority to manage the City of La Quinta’s investment portfolio is derived from the City’s municipal code, management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City’s investment program consistent with the Investment Policy for each Fiscal Year; and
WHEREAS, the Investment Policy will be adopted before the end of June of each year and amended as considered necessary.

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

SECTION 1. This Resolution supersedes all prior Investment Policy resolutions adopted by the City Council.

SECTION 2. The City Council hereby adopts the Fiscal Year 2022/2023 Investment Policy attached hereto as “Exhibit A” and incorporated herewith by this reference.
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Resolution No. 2022-XXX
Investment Policy for Fiscal Year 2022/2023
Adopted: June 21, 2022

SECTION 3. Severability – if any provisions of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 4. This Resolution shall become effective upon adoption. The Investment Policy adopted by this Resolution shall go into effect July 1, 2022.

PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 21st day of June 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, California
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Resolution No. 2022-XXX
Investment Policy for Fiscal Year 2022/2023
Adopted: June 21, 2022

APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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,19(670(1732/,&<

EXHIBIT A
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Fiscal Year 2021/20222022/2023
Table of Contents
Section Topic Page
Executive Summary 1
I General Purpose 2
II Investment Policy 2
III Scope 2
IV Objectives 3
V Maximum Maturities 5
VI Prudence 5
VII Authority 5
VIII Ethics and Conflicts of Interest 6
IX Authorized Financial Dealers and Institutions 6
X Permissible Deposits and Investments 7
XI Investment Pools 10
XII Payment and Custody 10
XIII Interest Earning Distribution Policy 11
XIV Internal Controls and Independent Auditors 11
XV Reporting Standards 12
XVI Review of Investment Portfolio 13
XVII Financial Advisory Commission – City of La Quinta 13 XIII Investment Policy Adoption 13
Appendices Topic Page
A Municipal Code Ordinance 2.70 – Financial Advisory Commission 14 B Municipal Code Ordinance 3.08 – Investment of Moneys and Funds 16 C Segregation of Major Investment Responsibilities 18
D Listing of Approved Financial Institutions 19
E Investment Management Process and Risk 20
F Glossary 22
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CITY OF LA QUINTA
Investment Policy
Fiscal Year 2021/20222022/2023

EXECUTIVE SUMMARY
The general purpose of this Investment Policy is to provide the rules and standards that must be followed in administering the City of La Quinta's (the “City”) deposits and investments.

The City's Investment Policy conforms to all state and local statutes and applies to all deposits and investments of the City, with the exception of bond proceeds and those noted in section III herein.

It is the City's policy to deposit and invest public funds in a manner that shall provide safety of principal, liquidity to meet the City’s obligations and requirements that may be reasonably anticipated, and a risk-based market rate of return.

Authority to manage the City's investment portfolio is derived from the City Municipal Code. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy.

The City Manager, City Treasurer, and Ccity employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest.

The Investment Policy shall be adopted by resolution of the La Quinta City Council on an annual basis, before the end of each fiscal year (June).

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City of La Quinta
Statement of Investment Policy July 1, 2021 through June 30, 2022 Adopted by the City Council on May 4, 2021June 21, 2022 I. GENERAL PURPOSE
The general purpose of this document is to provide the rules and standards that must be followed in administering the City of La Quinta's deposits and investments.

II. INVESTMENT POLICY
It is the policy of the City of La Quinta to deposit and invest public funds in a manner that shall conform to all State and local statutes governing the investment of public funds and set forth the permissible deposits and investments of the City's funds and the limitations thereon.

III. SCOPE
Except noted below, this Investment Policy applies to all deposits and investments of the City of La Quinta, the Successor Agency to the City of La Quinta Redevelopment Agency, and the City of La Quinta Financing and Housing Authorities. These funds are reported in the City's Comprehensive Annual Comprehensive Financial Report (CAFRACFR) and include all funds within the following fund types:
 General
 Special Revenue
 Capital Projects
 Debt Service
 Enterprise
 Internal Service
 Trust and Agency
 Any new fund types and fund(s) that may be created.

Financial assets and investment activity not subject to this policy The City's Investment Policy does not apply to the following:
 Cash and Investments raised from Conduit Debt Financing;  Funds held in trust in the City's name in pension or other post-retirement benefit programs;
 Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects; and
 Short or long-term loans made to other entities by the City or Agency,;  Short term (Due to/from) or long term (Advances from/to) obligations made either between the City and its funds or between the City and Agency.; and  Investment of bond proceeds: . The City's Investment Policy shall not govern bond proceeds and bond reserve fund investments. California Code Section 156 Click Here to Return to Agenda

5922(d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions.

Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law.

These arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations.

The City's investment position relative to the arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity, and to rebate excess earnings, if necessary.

IV. OBJECTIVES
The objectives of the City's investment activity, in order of priority and importance, are:

A. Safety of Principal
Safety of principal is the foremost objective of the City's investment program.

Investments shall be undertaken in a manner that seeks to ensure the preservation of principal of the overall portfolio in accordance with the permissible deposits and investments.

The City shall endeavor to preserve its investment principal by making only permissible deposits and investments, undertaken in a controlled manner to minimize the possibility of loss or misappropriation through malfeasance or otherwise.

Investments not backed by the full faith and credit of the United States Government shall be diversified by allocating assets between different types of permissible investments, maturities, and issuers as a means to mitigate credit risk and interest rate risk. Investment in any single security type or single financial institution shall be limited to the maximum percentages and/or dollar amounts as noted in Section X.

1. Credit Risk is the risk of loss from the failure of the security issuer or backer.

Credit risk may be mitigated by:
• Limiting investments to investment grade securities as permitted in Section X; and
• Diversifying Diversification- reducing concentration risk by limiting the total amount invested in the individual issuers of the securities in the investment portfolio so that potential losses due to issuer failure or individual securities downgrades may be minimized.

2. Interest Rate Risk is the risk that market values of securities in the portfolio will decline due to changes in general interest rates. Interest rate risk may be mitigated by:
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• Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and • Investing operating funds primarily in shorter-term securities.

3. Liquidity Risk is the risk that a security cannot be liquidated because of its unique features or structure or because it is thinly traded. Liquidity risk is not a material issue for the City's portfolio because of the permissible deposits and investments (see Section X). A discussion of the City's investment process and risk is presented in Appendix E.

B. Provide Liquidity
The investment portfolio shall remain sufficiently liquid to meet all of the City's cash needs that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands.

Furthermore, since all possible cash needs cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets.

The City's policy is to generally hold securities and other investments to maturity.

However, securities may be sold prior to maturity under certain circumstances as follow:
• A security with declining credit quality can be sold early to minimize loss of principal.
• Unanticipated liquidity needs of the portfolio require that one or more securities be sold.
• When a sale/repurchase is fiscally advantageous based on market conditions and fits the needs of the portfolio
C. Yield a Risk-Based Market Rate of Return
The City's investment portfolio shall be structured with the objective of yielding a risk-based market rate of return throughout budgetary and economic cycles. Return on investment is less important than the safety and liquidity objectives described above.

The City's Investment Policy does not specify a single benchmark as a goal or target yield for a rate of return on its investment portfolio. The portfolio's rates of return will be influenced by several factors, including actions by the Federal Reserve Board, the marketplace, and overall economic perceptions and conditions.

Performance Standards: As a basis for comparison only, the Treasurer's quarterly reports will display the rates of return on the three-month Bill, six-month Bill, the one and two-year U.S. Treasury Note, and the yield for the State Treasurer's Local Agency Investment Fund (LAIF). The Treasurer may use these or any other published rates of return that the Treasurer deems appropriate for comparison to the return on the City's investment portfolio.

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The investment portfolio shall be designed with the objective of obtaining a market rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs.

V. MAXIMUM MATURITIES
It is the City's policy to generally hold securities and other investments until maturity.

This buy­and-hold policy shall not prevent the sale of a security as listed in section IV.B
The general buy-and-hold strategy requires that the City's investment portfolio be structured so that sufficient liquid funds are available from maturing investments and other sources to meet all reasonably anticipated cash needs.

The City shall follow Title 5 of the California Government Code §53601 (the “State Code”) regarding maximum maturities, in that “no investment shall be made in any security…that at the time of the investment has a term remaining to maturity in excess of five years”.

VI. PRUDENCE and FIDUCIARY DUTY
The City shall follow the State Code §53600.3 regarding fiduciary duty and the Prudent Investor Standard as follows:

Except as provided in subdivision (a) of §27000.3, all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.

VII. AUTHORITY
Authority to manage the City's investment portfolio is derived from Chapter 3.08 of the City's Municipal Code. Management responsibility for the investment program is delegated to the City Treasurer for a period of one year pursuant to the City Council's annual adoption of the Investment Policy.

The City Treasurer shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may 159 Click Here to Return to Agenda

engage in an investment transaction except as provided under the terms of this Investment Policy (see Appendix C) and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials.

VIII. ETHICS AND CONFLICTS OF INTEREST
The City Manager, City Treasurer, and City employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. The City will maintain compliance with the procedures set forth in the Conflicts of Interest and Acceptance of Gifts and other Gratuities section of the City of La Quinta Personnel Manual and the City’s Municipal Code Chapter 2.60 Conflicts of Interest. Any questionable activity or relationship shall be reported immediately; reporting must be made in accordance with the personnel policies of the City and, until resolved, the officer or employee shall refrain from participating in the City's business related to the matter.

The City Manager, City Treasurer, and City employees may conduct personal business with banks, brokers, and other financial institutions that are authorized to conduct business with the City provided that the terms of the activity to the accountholder with the City are the same as those that are available to the public in general, or to all employees as a result of contract negotiations.

IX. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Treasurer maintains a listing of financial institutions which are approved for direct investment purposes, as well as a list of approved broker/dealers.

1. Broker/Dealers who desire to become bidders for direct investment transactions must supply the City with the following:
• Current audited financial statements;
• Proof of Financial Industry Regulatory Authority (FINRA) Certification; • Proof of State of California registration;
• Resume of financial broker; and
• Completion of the City of La Quinta Broker/Dealer Questionnaire, which contains a certification of having read the City's Investment Policy.

The City Treasurer or designee shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and/or individual(s) conducting investment related business.

The City Treasurer or designee will may also contact the following agencies during the verification process:
• Financial Industry Regulatory Authority (FINRA) Public Disclosure Report File (1-800- 289-9999).

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• State of California Department of Corporations Financial Protection and Innovation (1-866-275-26771-916-445-3062).

A professional investment manager or management firm, if engaged by the City pursuant to Section X of this policy, may utilize their own list of approved broker/dealers on the condition that any such list is provided to the City upon request.

All Broker/Dealers and financial institutions that provide investment services will be subject to City Council approval.

An annual review of the financial condition and registrations of approved broker/dealers will be conducted by the City Treasurer or designee. Current audited financial statements and/or System and Organizational Controls (SOC1 and/or SOC-2) internal control reports may be maintained on file for each financial institution and broker/dealer with which the City conducts business.

Each mutual fund shall provide a prospectus and statement of additional information.

2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment (see Appendix D, "Listing of Approved Financial Institutions"):
• Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUSIF). • Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Call Report (Consolidated Reports of Condition and Income) if requested. These reports can also be found at
https://cdr.ffiec.gov/public/ManageFacsimiles.aspx
The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateralization in public monies.

X. PERMISSIBLE DEPOSITS AND INVESTMENTS
It is the City’s policy to follow Title 5 of the California Government Code (the “State Code”) in regard to allowable securities, and to be sufficiently diversified with regard to security type and issuer. Permissible deposits and investments, as allowed by Chapter 4, Part 1, Division 2, Title 5 (hereinafter cited by §), include, but are not limited to, the following list. The State Code can be directly referenced at https://leginfo.legislature.ca.gov/
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Checking, Savings, and Sweep Accounts - The City will only maintain checking and savings, accounts with state or national banks, savings associations, federal associations, and/or credit unions in accordance with §53635.2. • Collateralization: The amount of the City's deposits or investments not insured by the FDIC shall be collateralized by securities in accordance with §53652. The Treasurer may invest in an interest-bearing active deposit account as approved in §53632. The deposit account must be collateralized with securities that are in accordance with §53632.5. In addition, the market value of the collateralized securities must be maintained in accordance with §53652 and be held by a custodian in accordance with the requirements of §53656. The proportion of the City's share of the deposit account shall be determined in accordance with §53658.

Certificates of Deposit (Negotiable and Non-negotiable) – As authorized in §53601(i), the City may invest in Non- Negotiable and Negotiable Certificates of Deposits (CD) up to 30% of the overall portfolio. In no instance shall a CD or combined CD’s with a single issuer exceed the FDIC or NCUSIF insurance limit of $250,000.

U.S. Treasury Bills, Notes, and Bonds – As authorized in §53601(b), the City may invest in U.S. Treasury bills, notes, and bonds directly issued and backed by the full faith and credit of the U.S. Government. The City's Investment Policy provides for investments in U.S. Treasury issues of 100% of the portfolio.

U.S. Government Agency Securities and Federal Government Securities – As authorized in §53601(f), the City may invest in securities issued by U.S.

Government instrumentalities and agencies (commonly referred to as government sponsored enterprises or GSE's). These securities may not be backed by the full faith and credit of the U.S. Government (with the exception of Government National Mortgage Association (GNMA) securities). Examples of GSE's include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), Federal Home Loan Bank (FHLB), Federal Farm Credit Banks Funding Corporation (FFCB), Federal Land Bank (FLB), Federal Intermediate Credit Bank (FICB)Federal Agricultural Mortgage Corporation (FAMC), Tennessee Valley Authority (TVA), and GNMA securities.

The City's Investment Policy allows investment only in securities of GNMA, FNMA, FHLMC, FHLB, and FFCB. For Fiscal Year 2021-222022-23, the maximum face amount per issuer is $20 million and the maximum face amount per purchase is $10 million.

Prime Commercial Paper – As authorized in §53601(h), a portion of the City's portfolio may be invested in commercial paper of the highest rating as provided for by a nationally recognized statistical rating organization (NRSRO) such as Moody’s, Fitch, or Standard & Poor’s (S&P). There are a number of other qualifications regarding investments in commercial paper based on the financial 162 Click Here to Return to Agenda

strength and size of the corporation and the size of the investment. The City limits on prime commercial paper are as defined in the State Code.

Local Agency Investment Fund (LAIF) – As authorized in §16429.1 and by LAIF policies, local government agencies are each authorized to invest up to the deposit limit as designated by the California State Treasurer. The City Treasurer may not invest more than the maximum amount per account as allowed by LAIF.

Money Market Mutual Funds – As authorized in §53601(l), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000).

Corporate Notes – As authorized in §53601(k), local agencies may invest in corporate notes. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City's Investment Policy allows investment in corporate notes authorized by the Government Code with the following limitations:
• Maximum 30% of the portfolio;
• Maturities shall not exceed five years from date of purchase; • Eligible notes shall be regularly quoted and traded in the marketplace; • Eligible notes shall be in a rating category of "AA" or better by an NRSRO; • The maximum aggregate investment in each issuer shall not exceed $5 million (PAR value), or no more than 10% of the total investment assets in the commercial paper and the medium-term notes of any single issuer.

Professionally Managed Account(s) – The City Treasurer may place up to 50% of the portfolio with a professional portfolio management/investment management firm (firm). The firm will be approved by the City Council based upon the City Treasurer's recommendation pursuant to completion of a public request for proposal (RFP). The firm shall have:
• An established professional reputation for asset or investment management; • Knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds;
• Substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City;
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• Professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City; and
• Registration with the Securities and Exchange Commission under the Investment Advisers Act of 1940
Before engagement by the City and except as may be specifically waived or revised, the firm shall commit to adhere to the provisions of the City's Investment Policy with the following exceptions:
• The firm may be granted the discretion to purchase and sell investment securities in accordance with this Investment Policy;
• The firm is not required to adhere to a buy-and-hold policy; and • The firm does not need City Manager or City Treasurer approval to make permissible investments.

Local Agency Bonds and California Local Agency Obligations – As authorized in §53601(a) and §53601(e), the City may invest in California local agency obligations. §53601(a) pertains to investing in bonds issued by a local agency, or by the department, board, agency or authority of the local agency. §53601(e) pertains to investing in bonds and other defined indebtedness of any local agency, or department, board, agency or authority of the local agency within the State of California. The Agency obligations must be invested in the long-term rating category of A or better by an NRSRO.

In the case of an initial public offering, including refinancings, the Treasurer may purchase directly from the Bond Underwriter. In the case of secondary issues, the Treasurer will rely on the approved Broker/Dealers.

XI. INVESTMENT POOLS
There are three (3) types of investment pools:
• State-run pools (e.g., LAIF);
• Pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee (e.g., County Pools, and Joint Powers Authorities such as the California Asset Management Program (CAMP)); and • Pools that are operated for profit by third parties (e.g. money market funds).

The City's Investment Policy permits investment in pools and money market funds as authorized by State Code §16429.1, §53601(l) and §53601(p).

XII. PAYMENT AND CUSTODY
The City shall engage qualified third-party custodians to act in a fiduciary capacity to maintain appropriate evidence of the City's ownership of securities and other eligible investments. Such custodians shall disburse funds received from the City for a 164 Click Here to Return to Agenda

purchase, to the broker, dealer or seller only after receiving evidence that the City has legal, record ownership of the securities.

Even though ownership is evidenced in book-entry form rather than by actual certificates, this procedure is commonly referred to as the delivery versus payment (DVP) method for the transfer of securities.

XIII. INTEREST EARNING DISTRIBUTION POLICY
Interest earnings are generated from pooled investments and specific investments.

The following provisions apply to the calculation and distribution of interest earnings.

1. Pooled Investments – It is the general policy of the City to pool all available operating cash of the City of La Quinta, Successor Agency to the City of La Quinta Redevelopment Agency, La Quinta Financing Authority, and La Quinta Housing Authority, and to allocate interest earnings as a payment to each fund of an amount based on the month-end cash balance included in the common portfolio for the earning period.

2. Specific Investments – Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund.

XIV. INTERNAL CONTROLS AND INDEPENDENT AUDITOR
The City Treasurer shall establish a system of internal controls to accomplish the following objectives:
• Safeguard assets;
• The orderly and efficient conduct of its business, including adherence to management policies;
• Prevention or detection of errors and fraud;
• The accuracy and completeness of accounting records; and • Timely preparation of reliable financial information.

While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives.

The internal controls shall address the following:
• Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer.
• Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved.
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