La Quinta City Council
July 19, 2022

CITY COUNCIL AGENDA Page 1 of 9 JULY 19, 2022

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JULY 19, 2022
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENTS – INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

VERBAL PUBLIC COMMENTS can be provided in-person during the meeting upon being recognized by the Mayor. Members of the public must complete a “Request to Speak” form and submit it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words).

WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made publicly available, and will be incorporated into the agenda packet and public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comment is asked to be reported.

City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CITY COUNCIL AGENDA Page 2 of 9 JULY 19, 2022

If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 6250 et seq.].

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. CONFERENCE WITH 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

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. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY

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

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION
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CITY COUNCIL AGENDA Page 3 of 9 JULY 19, 2022

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. TALUS – PROJECT STATUS UPDATE

CONSENT CALENDAR
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 THE HOUSING AUTHORITY SPECIAL MEETING DATED JUNE 21, 2022
11 2. APPROVE SPECIAL COUNCIL MEETING MINUTES OF JULY 5, 2022 29

3. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE CREATIVE LIGHTING & ELECTRICAL, INC., FOR UP TO $50,000 OF ADDITIONAL

NON-CONTRACTED MAINTENANCE AND/OR REPAIR ITEMS IN FISCAL YEAR 2022/23 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST
BIDDER
37 4. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC. FOR UP TO $100,000 OF ADDITIONAL WORK IN FISCAL YEAR 2022/23, AS A SINGLE SOURCE FOR MEDIAN LANDSCAPE

RESTORATION WITHIN THE LIGHTING & LANDSCAPE ASSESSMENT
DISTRICT 89-1 AND FOR EXTRA WORK WHEN THEY ARE THE

QUALIFIED AND/OR LOWEST BIDDER
39 5. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC FOR UP TO $100,000 OF ADDITIONAL
WORK IN FISCAL YEAR 2022/23, AS A SINGLE SOURCE FOR

LANDSCAPE RESTORATION WITHIN CITYWIDE PARKS AND FOR EXTRA

WORK WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER
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CITY COUNCIL AGENDA Page 4 of 9 JULY 19, 2022

6. APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR AMENDED TRACT MAP NO. 31348,

ESTATES AT POINT HAPPY, A RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF HIGHWAY 111 AND WEST OF WASHINGTON STREET
43 7. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND

AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT FOR
AMENDED TRACT MAP NO. 31348, ESTATES AT POINT HAPPY, A
RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF HIGHWAY 111 AND

WEST OF WASHINGTON STREET
65 8. ACCEPT SILVERROCK RETENTION BASIN SOIL STABILIZATION PROJECT NO. 2020-07, LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND SILVERROCK WAY
75 9. ACCEPT CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2021-03 (COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECT NO. 4.LQ.42.21) LOCATED AT

VARIOUS LOCATIONS ON AVENIDA BERMUDAS
79 10. AWARD CONTRACT TO URBAN HABITAT FOR CONSTRUCTION OF THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NOS. 2016-03F2 & 2016-03F3, LOCATED AT THE LA QUINTA DESERT PRIDE,

MARBELLA, AND SIERRA DEL REY DEVELOPMENTS, ON THE SOUTH

SIDE OF MILES AVENUE, EAST AND WEST OF ADAMS STREET AND

RETENTION BASIN LOCATED AT THE CORNER OF ASHLEY WAY AND

DESERT STREAM DRIVE
83 11. AWARD CONTRACT TO URBAN HABITAT FOR CONSTRUCTION OF THE LA QUINTA LANDSCAPE IMPROVEMENTS PROJECT NO. 2016-03G,

LOCATED AT THE LA QUINTA X-PARK, ON THE SOUTH SIDE OF

WESTWARD HO DRIVE AND EAST SIDE OF DUNE PALMS ROAD
91 12. AUTHORIZE OVERNIGHT TRAVEL FOR THE DESIGN AND DEVELOPMENT

DIRECTOR, PLANNING MANAGER, SENIOR AND ASSOCIATE PLANNERS

TO ATTEND AMERICAN PLANNING ASSOCIATION CALIFORNIA
CHAPTER’S ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA,
OCTOBER 1-4, 2022
99 13. EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JULY 12, 2022, PLANNING COMMISSION MEETING
101

14. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER 103
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CITY COUNCIL AGENDA Page 5 of 9 JULY 19, 2022

TO IMPLEMENT TELECONFERENCE ACCESSIBILITY ONLY WHEN A

PUBLIC MEETING OF THE LEGISLATIVE BODY IS HELD VIRTUALLY PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)

15. APPROVE SHORT-FORM SERVICES AGREEMENTS WITH ACORN

TECHNOLOGIES, INC TO PROVIDE TRAFFIC INFRASTRUCTURE

INFORMATION TECHNOLOGY SUPPORT SERVICES AND PUBLIC SAFETY

CAMERA SYSTEM INFORMATION TECHNOLOGY SUPPORT SERVICES
109

16. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT
SERVICES WITH GOVINVEST INC. TO ADD MODULES FOR LABOR

COSTING AND FINANCIAL FORECASTING
127

17. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH LH

PRODUCTIONS FOR AUDIO/VISUAL SERVICES
133

18. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SIGNATURE

SCULPTURE FOR PREVENTATIVE MAINTENANCE AND REPAIR OF THE CITY’S ART IN PUBLIC PLACES COLLECTION
177

19. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2022
215

20. APPROVE DEMAND REGISTERS DATED JUNE 17 AND 24, 2022 221

21. APPROVE DEMAND REGISTERS DATED JULY 1 AND 8, 2022 239

STUDY SESSION
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1. DISCUSS AMENDED AND RESTATED RULES OF PROCEDURE FOR

PUBLIC MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES OF THE

CITY COUNCIL
253

2. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM

CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW FOR 2021 AND FIRST HALF OF 2022 CALENDAR YEARS; AND POTENTIAL

FISCAL AND ECONOMIC 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, TO THE CITY’S

OPERATIONS AND BUDGET PROJECTIONS
277
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CITY COUNCIL AGENDA Page 6 of 9 JULY 19, 2022

BUSINESS SESSION
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1. APPOINT UP TO TWO MEMBERS OF THE CITY COUNCIL TO PREPARE

WRITTEN ARGUMENTS FOR OR AGAINST, AND REBUTTAL ARGUMENTS,

ON BEHALF OF THE CITY COUNCIL, RELATED TO THE INITIATIVE

ORDINANCE AND BALLOT MEASURE PROPOSING THE PHASE-OUT AND

PERMANENT BAN OF NON-HOSTED SHORT-TERM VACATION RENTALS,

AS DEFINED, IN NON-EXEMPT AREAS OF THE CITY OF LA QUINTA BY DECEMBER 31, 2024
295

2. INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.60 OF THE LA

QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST

CODE, AND APPROVE THE CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION’S 2022 LOCAL AGENCY BIENNIAL NOTICE
[ORDINANCE NO. 600]
299

3. APPROVE PILLARS OF THE COMMUNITY AND DISTINGUISHED ARTISTS

AND ATHLETES NOMINATIONS
309

4. RECEIVE AND FILE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR YEAR ENDED JUNE 30, 2021
329
PUBLIC HEARINGS – 5:00 p.m. or shortly 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 you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing.

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1. INTRODUCE FOR FIRST READING ORDINANCES APPROVING ZONE CHANGE 2022-0001, ADDING THE AFFORDABLE HOUSING OVERLAY (AHO) TO SPECIFIC PARCELS IDENTIFIED IN THE HOUSING ELEMENT; AND ZONING ORDINANCE AMENDMENT 2022-0001, MAKING TEXT

AMENDMENTS NECESSARY FOR CONSISTENCY WITH THE HOUSING
ELEMENT. CEQA: REQUEST HAS BEEN PREVIOUSLY ANALYZED AS PART OF ENVIRONMENTAL ASSESSMENT 2021-0010. LOCATION: CITY-WIDE [ORDINANCE NOS. 601 AND 602]
515
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CITY COUNCIL AGENDA Page 7 of 9 JULY 19, 2022

2. CONTINUED FROM JUNE 21, 2022
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 AND AHMANSON LANE (PROJECT:

SNC 2022-0002) [RESOLUTION NO. 2022-026]
695

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY RESOURCES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC WORKS – QUARTERLY REPORT APRIL – JUNE 2022 709 MAYOR’S AND COUNCIL MEMBERS’ ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

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

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

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

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

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick)

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)

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

13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)

15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez)

16. CVAG PUBLIC SAFETY COMMITTEE (Peña)

17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)

18. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Peña)

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

20. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña)
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CITY COUNCIL AGENDA Page 8 of 9 JULY 19, 2022

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

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

23. CVAG TRANSPORTATION COMMITTEE (Radi)

24. SUNLINE TRANSIT AGENCY (Radi)

25. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)

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

27. ANIMAL CAMPUS COMMISSION (Sanchez)

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

29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

30. FINANCING AUTHORITY SPECIAL MEETING MINUTES OF JUNE 21, 2022 713

31. PLANNING COMMISSION MEETING MINUTES DATED OCTOBER 26, 2021 715

32. PLANNING COMMISSION MEETING MINUTES DATED JANUARY 11, 2022 721

33. PLANNING COMMISSION MEETING MINUTES DATED JANUARY 25, 2022 729

REPORTS AND INFORMATIONAL ITEMS

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on August 2, 2022 at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on July 15, 2022.

DATED: July 15, 2022
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL AGENDA Page 9 of 9 JULY 19, 2022

Public Notices
 The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777- 7123, twenty-four (24) hours in advance of the meeting and accommodations will be made.
 If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.
 Any writings or documents provided to the City Council regarding any item(s) on this agenda will be made available for public inspection at the City Clerk’s 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 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

CITY COUNCIL AND

HOUSING AUTHORITY

MINUTES
TUESDAY, JUNE 21, 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/Executive Director McMillen, City Attorney/Authority Counsel Ihrke, City Clerk/Authority Secretary Radeva, Acting Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Marketing Manager Graham, Community Resources Director Escobedo, Community Resource Manager Calderon, Management Analyst Calderon, Human Resources Analyst Triplett, Public Works Director/City Engineer McKinney, Management Analyst Mignogna, Management Analyst Hansen, Finance Director Martinez, Financial Services Analyst Hallick, Management Analyst Kinley, Design and Development Director Castro, Planning Manager Flores, Senior Planner Flores, Code Compliance Supervisor Meredith.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.

CONFIRMATION OF AGENDA
City Clerk Radeva said City Attorney Ihrke will provide a verbal announcement on Consent Calendar Item No. 12 regarding the salaries and fringe benefits of the City’s executive employees pursuant to Government Code § 54953(c)(3) [Brown Act]. Council concurred.

CONSENT CALENDAR ITEM NO. 111 CLICK HERE to Return to Agenda MINUTES Page 2 of 18 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING CALL TO ORDER – HOUSING AUTHORITY SPECIAL MEETING
A special meeting of the La Quinta Housing Authority was called to order at 3:01 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; MAYOR EVANS CONCURRED AND ASSUMED

PRESIDING OFFICER RESPONSIBILITIES
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.

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
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
PROPERTY OWNER: CITY OF LA QUINTA
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR

DISPOSITION OF THE PROPERTY IDENTIFIED

2. City Council: CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY
REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES
DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES’ ASSOCIATION
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MINUTES Page 3 of 18 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

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)
NEGOTIATOR: JON MCMILLEN, EXECUTIVE DIRECTOR
NEGOTIATING PARTY: LUCAS CORONEL
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT

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

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH THE HOUSING AUTHORITY SPECIAL MEETING AT 4:00 P.M. WITH ALL MEMBERS

PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION – CITY COUNCIL AND HOUSING AUTHORITY:

City Attorney/Authority Counsel Ihrke reported no actions were taken on Closed Session Items that require reporting pursuant to Government Code section 54957.1 (Brown Act).

PLEDGE OF ALLEGIANCE
Councilmember Peña led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER IN-PERSON: Kevin White, La Quinta – spoke in opposition to the proposed housing developments at Washington Street and Avenue 50 and the proposed zone change.

PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Alena Callimanis, La Quinta – provided a hand-out and spoke about the current drought; the Colorado River mega-drought; the Coachella Valley Water District water allocations; and in opposition to the Coral Mountain Resort project. Ms.

Callimanis’ hand-out was distributed to Council, made publicly available, and included in the public record for this meeting.
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MINUTES Page 4 of 18 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. LIFESTREAM BLOOD BANK PRESENTATION BY DIRECTOR OF
DONOR RECRUITMENT MICHAEL McDANIEL – 10TH ANNUAL
NINE-CITIES BLOOD DRIVE CHALLENGE 2022
Michael McDaniel, Director of Donor Recruitment with LifeStream Blood Bank, spoke of the importance of the nine-cities challenge blood drive slated for July 16, 2022, from 8:30 a.m. to 2:30 p.m., at the La Quinta Wellness Center; the current blood supply deficit; requested that City Officials lend their voices to encourage donations; and provided information on how the public can donate.

Martin Arredondo, Regional Account Manager with LifeStream Blood Bank, said the City of La Quinta has the most people signed up to donate blood during the blood drive, including 29 students from the La Quinta High School.

2. TALUS PROJECT STATUS UPDATE
Robert Green, President of the Robert Green Co. provided a detailed presentation on the project’s overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, 2) Montage Guestrooms, 3) Montage Residences, 4) Conference and Shared Services Building, 5) Golf Clubhouse, 6) Pendry Residences, and 7) Pendry Hotel.

Council discussed timing for starting to market and book the site for conferences; and Talus marketing staff to work with City marketing staff.

3. INTRODUCE NEW AND PROMOTED CITY STAFF MEMBERS
City Manager McMillen introduced the following new and promoted City employees:

New Hires:
 Florangelica Coyote, Recreation Leader
 Joseph Tucker, Recreation Leader
 Luis Regalado, Parks Maintenance Worker I
 Jose Delgado, Administrative Assistant
 Bob Bland, Building Inspector I
 Virginia Ortega, Accounting Manager
 Dana Lagunas, Senior Emergency Management Coordinator  Johnny Aguirre, Parks Maintenance Worker I
Promotion:
 Jake Fuson, Senior Building Inspector/Plans Examiner
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MINUTES Page 5 of 18 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING Council welcomed all employees into the La Quinta family and expressed their gratitude for their service.

4. PROCLAMATION RECOGNIZING RIVERSIDE COUNTY FIRE

DEPARTMENT BATTALION CHIEF BONIFACIO DE LA CRUZ FOR

HIS PUBLIC SERVICE
Fire Chief White spoke of Battalion Chief De La Cruz’ years of service; Chief De La Cruz spoke of his work history with the Department and his plans for the future. Mayor Evans and the City Council congratulated Mr. De La Cruz on his retirement; and said he will be presented with a revised proclamation in recognition of his public service.

CONSENT CALENDAR – CITY COUNCIL AND HOUSING AUTHORITY

1. APPROVE MEETING MINUTES OF CITY COUNCIL REGULAR

MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL
MEETING DATED JUNE 7, 2022
MOTION – A motion was made and seconded by Councilmembers/Authority Members Peña/Radi to approve Consent Calendar Item No. 1 as submitted.

Motion passed unanimously.

CONSENT CALENDAR – CITY COUNCIL

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

3. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH TKE

ENGINEERING, INC AND ERIC NELSON DBA RASA TO PROVIDE

ON-CALL MAP CHECKING SERVICES

4. APPROVE MEMORANDUM OF UNDERSTANDING WITH DESERT

SANDS UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF

TWO SCHOOL RESOURCE OFFICERS

5. APPROVE JOINT USE OF FACILITY AND SERVICES AGREEMENT

WITH THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY

6. APPROVE AMENDMENT NO. 1 TO MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITIES OF LA QUINTA, INDIO,

AND COACHELLA, EXTENDING THE TERM FOR ONE ADDITIONAL
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MINUTES Page 6 of 18 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING YEAR THROUGH 2022/23 AND APPROPRIATED BUDGET, TO

SHARE THE ACQUISITION COST OF A LADDER TRUCK

7. APPROVE AMENDMENT NO. 5 TO GOLF COURSE MANAGEMENT

AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC FOR

SILVERROCK GOLF COURSE MANAGEMENT SERVICES

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]

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

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

11. AUTHORIZE CITY PAYMENT OF OUTSTANDING BALANCE TO

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

12. APPROVE CITY MANAGER EMPLOYMENT AGREEMENT
CONSENT CALENDAR ITEM NO. 12 – Verbal Announcement by City Attorney Ihrke regarding City Manager/Executive Employee Compensation:

Prior to the consideration or action on Consent Calendar Item No. 12 regarding the City Manager’s Employment Agreement, City Attorney Ihrke made this verbal announcement in accordance with Government Code Section 54953, subdivision (c)(3) [Brown Act)], which provides that, prior to taking final action, the legislative body shall have a verbal report of a summary of a recommendation for a final action on the salary, salary schedule, or compensation paid in the form of fringe benefits of any local agency executive, as defined by Government Code Section 3511.1, subdivision (d), during the open meeting in which the final action is to be taken.

The City Manager is such an executive employee, and as noted in the Staff Report, there is no change in the City Manager’s salary or benefits from the Council’s prior action in 2021 setting the current terms and conditions for compensation of the City Manager. Mr. McMillen’s current contract will expire effective June 30, 2022, and per the Council’s direction, the proposed agreement will extend his employment term for 3 years.
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MINUTES Page 7 of 18 JUNE 21, 2022

CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING With that background, the following information is provided to satisfy the verbal reporting requirement in Government Code Section 54953(c)(3):
1) The City Manager’s annual salary is $219,730, with possibility for a merit-based bonus, based on identified metrics, not to exceed $10,000 annually,
2) The City Manager, like other City employees, is eligible for the citywide health benefit cap of $ 1,832.01 per month-per employee, and 3) A $200 Annual Wellness Dollar benefit per fiscal year.

COUNCIL COMMENTS ON CONSENT CALENDAR ITEMS:

Item No. 4
Councilmember Sanchez and Mayor Evans commented on the importance of the City’s partnership with Desert Sands Unified School District, and the value and safety provided by the School Resources Officer positions.

Item No. 7
Mayor Evans commended Landmark Golf Management, LLC. for their great service in managing the SilverRock Resort and their dedication to the community.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve the Consent Calendar as recommended, with Item Nos. 8 and 9 adopting Resolutions No. 2022-021 and 2022-022, respectively. Motion passed unanimously.

BUSINESS SESSION – CITY COUNCIL AND HOUSING AUTHORITY

1. City Council and Housing Authority: INTERVIEW AND APPOINT RESIDENTS TO SERVE ON THE CITY’S FINANCIAL ADVISORY

AND HOUSING COMMISSIONS
Council waived presentation of the staff report, which is on file in the City Clerk’s Office.

Mayor Evans thanked all applicants for their willingness to serve the City and explained the process the Council follows in conducting interviews and appointing members.
1) FINANCIAL ADVISORY COMMISSION (OPEN: 2 VACANCIES)
The following applicants gave a brief presentation of their experience and qualifications:
 George Batavick
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING  Lynne Langdon
 Justin Luettjohann
 Louise Oppenheim
Results of the ballot vote:

Councilmember Fitzpatrick: George Batavick for a full term and Justin Luettjohann for the unexpired term
Councilmember Peña: George Batavick for a full term and Justin Luettjohann for the unexpired term
Councilmember Radi: George Batavick for a full term and Justin Luettjohann for the unexpired term
Councilmember Sanchez: George Batavick for a full term and Justin Luettjohann for the unexpired term
Mayor Evans: George Batavick for a full term and Justin Luettjohann for the unexpired term
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to appoint George Batavick to serve on the Financial Advisory Commission for a full three-year term from July 1, 2022 to June 30, 2025; and Justin Luettjohann to serve on the Financial Advisory Commission for an unexpired term ending June 30, 2024. Motion passed unanimously. 2) HOUSING COMMISSION (OPEN: 1 VACANCY)
The following applicants gave a brief presentation of their experience and qualifications:
 Capri Chapman
 Patti Hawker
Applicant Michael Romersa was not present at the meeting to interview; thus, his application was withdrawn from consideration.

Results of the ballot vote:

Authority Member Fitzpatrick: Capri Chapman
Authority Member Peña: Capri Chapman
Authority Member Radi: Capri Chapman
Authority Member Evans: Capri Chapman
Chairperson Sanchez: Capri Chapman
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING MOTION – A motion was made and seconded by Authority Members Fitzpatrick/Sanchez to appoint Capri Chapman to serve on the Housing Commission for a non-tenant, unexpired term ending June 30, 2024. Motion passed unanimously.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:59 P.M.

MAYOR EVANS RECONVENED THE CITY COUNCIL REGULAR MEETING

HELD JOINTLY WITH THE HOUSING AUTHORITY SPECIAL MEETING AT 6:05 P.M. WITH ALL MEMBERS PRESENT

2. City Council: APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2021/22
Community Resource Manager Calderon presented the staff report, which is on file in the Clerk’s Office.

The following IN-PERSON PUBLIC SPEAKERS spoke about the services their respective organizations offer:
 Pamela Bieri, Grant Writer with First Tree Coachella Valley  Lupita Garza, Program Coordinator for Variety – The Children’s Charity of the Desert
 Tammy Martin, Executive Director of Friends of the Desert Mountains Council discussed the “Caring Connections” free screening from birth to age five program offered by The Children’s Charity of the Desert; the goal of the program is to help parents in the Coachella Valley identify and recognize early childhood development concerns and provide them with the appropriate resources that can help overcome challenges and set their children on a path to success; and the ability for the Friends of the Desert Mountains to reapply for the City’s community services grant in the next round and other available grant opportunities.

MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve the third round Community Services Grants for a total of $11,000 for fiscal year 2021/22 as follows:
 Angel View, Inc. $ 500
 Desert Recreation Foundation $ 500
 First Tee – Coachella Valley $5,000
 Variety – The Children’s Charity of the Desert $5,000 Motion passed unanimously.

PUBLIC HEARINGS – 5:00 p.m. or shortly thereafter
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

1. ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND
DISTRICT DIAGRAM FOR THE 2022/23 LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1 (L&L AD 89-1)
[RESOLUTION NO. 2022-023]
Public Works Management Analyst Hansen presented the staff report, which is on file in the Clerk’s Office.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:26 P.M.

PUBLIC SPEAKER: None
Council discussed the City subsidies to maintain the L&L AD 89-1 because the $35.60 collected since 1997 does not generate sufficient funds to cover the maintenance costs; the $35.60 assessment stays the same year after year and does not adjust for inflation or rising costs; and raising the fees would require approval by two-thirds of La Quinta voters, and if it failed on the ballot, the assessment would be reduced to zero with 100% of the cost then drawn from the City’s budget.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:27 P.M.

MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to adopt Resolution No. 2022-023 confirming the assessment and district diagram for the Landscape and Lighting Assessment District 89-1 for fiscal year 2021/22, pursuant to the Engineer’s report:

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

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR
FISCAL YEAR 2022/2023 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972)
Motion passed unanimously.

2. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23
THROUGH 2026/27 CAPITAL IMPROVEMENT PROGRAM
[RESOLUTION NO. 2022-024]
Public Works Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office.

Council discussed the replacement of two damaged (leaning) La Quinta Park field lights with more efficient fixtures measuring 70-80 feet high; Jefferson Street and Highway 111 street improvements timing; Highway 111 Corridor 20 CLICK HERE to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING Plan updated schedule; geotechnical bores planned along Highway 111; and the amount of funds from Measure A and SB1 used for City projects, and those funds being under threat of diversion by State lawmakers.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:42 P.M.

PUBLIC SPEAKER: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:42 P.M.

MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to adopt Resolution No. 2022-024 approving the 2022/23 through 2026/27 Capital Improvement Program as recommended:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE FISCAL YEAR 2022/2023 THROUGH 2026/2027 CAPITAL IMPROVEMENT PROGRAM
Motion passed unanimously.

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)
Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:44 P.M.

PUBLIC SPEAKER: None
Mayor Evans said WRITTEN PUBLIC COMMENTS were received from Kay Wolff, La Quinta, opposing the proposed street name change for Ahmanson Lane.

Ms. Wolff’s written comments were distributed to Council, made publicly available, and included in the record of this meeting.

Council discussed that remanding the project back to the Planning Commission would allow the applicant to attend the meeting and have a discussion, as he was not able to attend the Planning Commission Public Hearing held on May 24, 2022; honoring the history of the Ahmanson Ranch on the site in some way; and bringing this item back to Council by July 19, 2022. 21 CLICK HERE to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

THE PUBLIC HEARING REMAINED OPEN
MOTION: A motion was made and seconded by Councilmembers Fitzpatrick/ Radi to:
1) Remand Street Name Change 2022-0002, proposing to change SilverRock Way to Talus Way and Ahmanson Lane to Painted Peak Lane, back to the Planning Commission on its July 12, 2022 meeting agenda, to allow the applicant the opportunity to present information about the request and address the Commission’s comments related to the application;
2) Direct the Planning Commission to submit for Council review a supplement to its recommendation or a new recommendation, in light of the applicant’s information and responses to the Commission’s comments; and
3) Continue this Public Hearing until the Council’s July 19, 2022, regular meeting, at which time the Council will consider the application and the recommendation, including any supplement or new recommendation, submitted by the Commission.

Motion passed unanimously.

BUSINESS SESSION – CITY COUNCIL AND HOUSING AUTHORITY – Continued

3. City Council: APPROVE FISCAL YEAR 2022/23 MARKETING

STRATEGIES AND AGREEMENT FOR CONTRACT SERVICES FOR

MARKETING WITH MADDEN MEDIA
Marketing Manager Graham presented the staff report, which is on file in the Clerk’s Office. Madden Media CEO Daniel Janes and Vice President Kristin Dialessi provided additional information.

Council discussed the cost increase in media buys; the cost and frequency of social media boosts; boosts to be transferred to Madden Media; geo-fencing of events; recognition that additional marketing is done by Landmark Golf Management regarding the SilverRock golf course for which the City pays $150,000; California clients of Madden Media; Madden Media being a destination marketing agency, meaning it concentrates on clients that move people; services within the “creative production marketing technology” section; collaboration with the Montage when it opens; remote and onsite availability of Madden Media staff; Madden Media’s draw to La Quinta; gaps in the current marketing plan; community outreach being the goal this year; post-recession, focusing on drawing tourist; maintaining Average Daily Rates (ADRs); outsourcing of creative production services – the desire to hire locally; inhouse media buys; attracting small corporate tourist groups; aligning 22 CLICK HERE to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING economic development, education, and marketing efforts to attract future residents/workforce/entrepreneurs; updating the City’s tourism website; collaboration and dual/cross marketing with La Quinta and area entities; and the importance of monthly communication with residents and local businesses.

MOTION – A motion was made and seconded by Councilmembers Peña/ Sanchez to approve fiscal year 2022/23 marketing strategies and an agreement for contract services for marketing with Madden Media for an amount not to exceed $725,000; and authorize the City Manager to execute the agreement. Motion passed unanimously.

4. City Council: APPROVE MEMORANDUM OF UNDERSTANDING

WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
(CHAMBER)
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

PUBLIC SPEAKER: Emily Falappino, President/CEO with the Chamber – provided the results of the Chamber’s survey regarding the Gem magazine from the perspective of residents, local businesses, and advertisers; and suggestions for the future based on survey results.

Council discussed survey responders desire for monthly Gem publication; users lack of knowledge that the Gem is available digitally; satisfying businesses’ demand for additional copies; regaining past advertisers via starting prices/ads; need for advertising to be repeated to be effective; possibility of imbedded video via a QRC code or something unique to provide an incentive to access the digital publication; the importance of a consistent, quality, identifiable look of the Gem; survey being ongoing with final results from the 50 responders in each category to be distributed to Council; the survey to be issued again after changes are made to the publication; and exploring the possibility of including in the Community Grant Program, the granting of ad space in the Gem to eligible non-profits.

MOTION – A motion was made and seconded by Councilmembers Radi/ Sanchez to approve a Memorandum of Understanding, as amended (see City Attorney’s corrections below) with the Greater Coachella Valley Chamber of Commerce for fiscal year 2022/23 for publications and events to support business development, retention, and tourism; and authorize the City Manager to execute the Memorandum of Understanding. Motion passed unanimously.

City Attorney Ihrke noted that two corrections to the MOU are necessary:
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING a) Date correction on page 329 to the election date of November 8, 2022, and;
b) Removal of the reference to Measure G which is no longer relevant.

5. City Council: APPROVE SILVERROCK RESORT 2022/23 ANNUAL PLAN Public Works Director/City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. SilverRock Golf Course Director Randy Duncan of Landmark Golf Management presented additional information.

Council discussed credit card transaction fees; course being at its maximum round capacity; tee time allocation for residents; increased rounds equate to increased maintenance; “walk-the-rock” being an evening nine-hole round for residents; the existence of budget short-fall even though rounds are at maximum capacity; expectation for profit this fiscal year; results of foot golf pilot program; possible locations for disc golf pilot program; number of resident card holders; construction alerts and interference regarding Talus project; redoing of 16th green due to blowing construction sand; food and beverage sales being down due to construction; possibility of bringing in mobile food trucks; and current cost to replace a green being approximately $30,000 when completed inhouse instead of contracted.

MOTION – A motion was made and seconded by Councilmembers Peña/ Fitzpatrick to approve the SilverRock Resort 2022/23 Annual Plan as submitted. Motion passed unanimously.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:20 P.M.

MAYOR EVANS RECONVENED THE CITY COUNCIL REGULAR MEETING

HELD JOINTLY WITH THE HOUSING AUTHORITY SPECIAL MEETING AT 8:46 P.M. WITH ALL MEMBERS PRESENT

6. City Council: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 BUDGET AND ESTABLISH THE CITY’S APPROPRIATION
LIMIT [RESOLUTION NO. 2022-025]
Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office.

Council discussed the formula used by the State in setting appropriation limits; appropriating Measure G funds to cover the annual deficit in the Landscape and Lighting District fund; allocating a portion of the surplus for the purchase of a new Christmas Tree for the annual lighting event; and carrying over the excess, unused Community Grant funds.
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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 adopt Resolution No. 2022-025 approving the Fiscal Year 2022/23 Budget and establishing the City’s appropriation limits, as recommended:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY’S APPROPRIATION LIMIT FOR FISCAL YEAR 2022/23 AND APPROVING A BUDGET FOR FISCAL YEAR 2022/23
Motion passed unanimously.

7. Housing Authority: ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2022/23 LA QUINTA HOUSING AUTHORITY BUDGET
[RESOLUTION NO. HA 2022-003]
Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office.

MOTION – A motion was made and seconded by Authority Members Peña/Fitzpatrick to adopt Resolution No. HA 2022-003 approving Fiscal Year 2022/23 Housing Authority Budget, as recommended:

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING FISCAL YEAR 2022/23 BUDGET Motion passed unanimously.

ADJOURNMENT – HOUSING AUTHORITY
There being no further business, a motion was made and seconded by Authority Members Radi/Sanchez to adjourn this special meeting at 9:05 p.m.

Motion passed unanimously.

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

UPDATE REPORT AND APPROVE THE RECOMMENDED BUDGET

ADJUSTMENTS
Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk’s Office.

MOTION – A motion was made and seconded by Councilmembers Peña/Radi to receive and file fiscal year 2021/22 Budget Update Report and approve the recommended budget adjustments. Motion passed unanimously.

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
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING

TELECONFERENCE ACCESSIBILITY TO CONDUCT PUBLIC

MEETINGS WHEN NECESSARY PURSUANT TO ASSEMBLY BILL
361 (STATS. 2021, CH. 165)
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office.

Council discussed the importance of in-person public comments, testimony and decorum of La Quinta community culture; and that technology can enable but it can also impede proceedings.

MOTION – A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to affirm Resolution No. 2021-035 findings related to the state of emergency due to COVID-19 authorizing the City Manager to implement Assembly Bill 361 (Stats. 2021, CH. 165) teleconference procedures and accessibility for conducting public meetings, but notices of City legislative body meetings and agendas will include teleconference instructions and ability to participate by teleconference only when such AB 361 procedures are applied.

Motion passed unanimously.

STUDY SESSION

1. DISCUSS LA QUINTA CULTURAL CAMPUS MASTER PLANNING

AND PRELIMINARY DESIGN DEVELOPMENT PROGRESS PROJECT
NO. 2019-01
Public Works Management Analyst Mignogna presented the staff report, which is on file in the Clerk’s Office. City Consultant Matthew Austin, Project Designer with architecture and engineering firm HGA Los Angeles, provided additional information.

Council discussed evaluating the casita building for earthquake standards; the lumberyard building also being a seismic concern; HGA to conduct a seismic analysis; the need for storage and administrative office space; new entrances to the project through the shop; engaging the community as a whole, not just stakeholders; visibility through and around the project for usability and safety; importance of adopting a cohesive design for the entire project along with an implementation timeline – cannot be a piece-meal project; moving forward with areas 1A, 1B, and 2, and preserving area 3 for future park space; designing areas 1A, 1B and 2 with future connectivity to area 3 in mind; conceptual design options if lumberyard is demolished; determining if the lumberyard building will be added to the local historic building list; documenting the lumberyard then demolishing it if it has no function or purpose in any design scenario; the programming and function for area 2 26 CLICK HERE to Return to Agenda
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING needs to be set in order to produce meaningful design; partnering with Desert Recreation District to reactivate the amphitheater across the street in conjunction with this project; adding a pedestrian crosswalk in the center of the project; and the possibility of purchasing the existing park from Riverside County, which is operated by Desert Recreation District.

Council reached a consensus and directed staff to continue conceptual designs on areas 1A, 1B, and 2 including demolition of the lumberyard building, and incorporating connectivity to the future development of area 3.

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

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Evans said she provided an update to the Bennion Development real estate group on June 8, 2022, regarding projects’ status, new development and businesses, and capital improvements in La Quinta.

Mayor Evans said she attended Desert Sands Unified School District’s retirement event for Superintendent Scott Bailey on June 2, 2022, and presented him with a proclamation.

Mayor Evans said she attended the Greater Coachella Valley Chamber of Commerce Legislative Mornings with Assemblymembers Garcia and Mayes on June 3, 2022.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2022, Mayor Evans reported on her participation in the following organization’s meeting:
 CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE
La Quinta’s representative for 2022, Mayor Pro Tem Fitzpatrick reported on her participation in the following organization’s meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
La Quinta’s representative for 2022, Councilmember Peña reported on his participation in the following organizations’ meetings:
 CVAG PUBLIC SAFETY COMMITTEE
 CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE
 COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT

ADJOURNMENT
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CITY COUNCIL REGULAR MEETING HELD JOINTLY WITH HOUSING AUTHORITY SPECIAL MEETING There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 10:16 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL MINUTES Page 1 of 7 JULY 5, 2022

SPECIAL MEETING

CITY COUNCIL

SPECIAL MEETING

MINUTES
TUESDAY, JULY 5, 2022

CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 4:02 p.m. by Mayor Evans.

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

CONSULTANT PRESENT: Planning Consultant Nicole Criste, CEO, Terra Nova Planning & Research, Inc.

PLEDGE OF ALLEGIANCE
Councilmember Sanchez led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – opposed the Council’s motion from the June 21, 2022, regular Council meeting, regarding implementing Assembly Bill 361 (Stats. 2021, CH. 165), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Mr. Anderson said he believes Council’s action was illegal; and asked that Council reconsider its motion.

City Attorney Ihrke explained that AB 361 was enacted to allow an alternative teleconference accessibility for attendance and participation of public meetings of the City’s legislative bodies, which allowed local agencies to continue to meet remotely, following the COVID-19 pandemic. The CONSENT CALENDAR ITEM NO. 229 CLICK HERE to Return to Agenda CITY COUNCIL MINUTES Page 2 of 7 JULY 5, 2022

SPECIAL MEETING
teleconference provisions under AB 361 permit teleconference accessibility but do not require it.

CONFIRMATION OF AGENDA – Confirmed

PUBLIC HEARING

1. REMAINED OPEN AND CONTINUED FROM JUNE 7, 2022:

CONTINUE PUBLIC HEARING FOR ENVIRONMENTAL ASSESSMENT
2019-0010, SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, ZONE
CHANGE 2019-0004, SPECIFIC PLAN 2020-0002, DEVELOPMENT
AGREEMENT 2021-0002 AND TENTATIVE TRACT MAP 2019-0005, AT THE APPLICANT’S REQUEST; 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
Mayor Evans said this item was considered for the first time by the Council at the June 21, 2022, during which Council received a presentation of the staff report, the Environmental Impact Report (EIR), a presentation from the applicant, and verbal and written public testimony; consideration of the item was continued to this July 5, 2022, special Council meeting; and the applicant has requested a continuance of this item.

MAYOR EVANS NOTED THE PUBLIC HEARING REMAINED OPEN AT THE JUNE 7, 2022, MEETING
Mayor Evans requested that the applicant speak regarding the request for continuance; and noted that all public testimony to date, both written and verbal, has been received, and is on file and incorporated into the public record for the project; and public testimony at tonight’s meeting should not be repetitive of prior comments that are already on file, and should be regarding the applicant’s request for continuance.

Mayor Evans said the City has received numerous comments questioning why this project is being considered and asked City Attorney Ihrke to explain the due process to which every property owner is entitled. City Attorney Ihrke explained that anytime the City receives an application for a land use, approval is rooted in the due process clauses in the Federal and California State constitutions which allow for zoning regulations, land use controls and other property regulations all of which require applicants and cities to follow a review process. California has delegated to cities, authority over land use in their 30 CLICK HERE to Return to Agenda
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SPECIAL MEETING
jurisdictions provided cities’ Municipal Code, Zoning Code, General Plan, etc. are not inconsistent with the Federal and State constitutions.

PUBLIC SPEAKER: John Gamlin, President, CM Wave Development – explained the applicant’s request to continue the item by 60 days to allow the company to explore alternatives regarding lighting and neighbor concerns, and to seek guidance and clarity from State agencies regarding water use and noise legislation.

Council’s questions and comments were about water not being the major issue at present but the need to have good reason to amend the zoning code which requires finding solutions to the project’s impacts such as noise, lighting, pool temperatures, pool cleanliness, pool evaporation, rising humidity, long range and regional impacts, quality of life for residents, and the project’s benefit to residents and area housing; no local government or public agency has the authority to deny any land use application without due process; and applicants have the right to due process, a fair and transparent process, and that includes this first request for a continuance.

PUBLIC SPEAKER: Richard Gray, La Quinta – requested that Council deny the request for continuance; and opposed the project due to drought conditions.

PUBLIC SPEAKER: Scott Connelly, La Quinta – opposed the project; noted that the project is getting national attention on the John Oliver show; and thanked the Council for their thorough consideration and attention to residents’ comments.

PUBLIC SPEAKER: Penny Boehm, La Quinta – submitted a Request to Speak form noting she will wait until the next meeting to speak on this project; and provided written comments requesting that no public testimony is received at tonight’s meeting.

PUBLIC SPEAKER: Brian Levy, La Quinta [received speaker donated time by resident Dennis McLatcher] – said he opposes continuing the project; noted everyone is entitled to due process; asked that there be a level playing field in which residents are allowed sufficient time to review and digest the new information that the applicant might provide in September in order to be able to provide comments.

PUBLIC SPEAKER: Lisa Jefferey, La Quinta [received speaker donated time by resident Sandy Lanham] – opposed the project and spoke about the evaporation data in CVWD’s water report; and stated that a golf course uses significantly less water per year.
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CITY COUNCIL MINUTES Page 4 of 7 JULY 5, 2022

SPECIAL MEETING
PUBLIC SPEAKER: Louis Zakin, La Quinta [received speaker donated time by resident Sheila Warren] spoke on behalf of Rick Roth – opposed the project; presented a 13-year financial analysis of the project based on the information attainable which foresees a 91% chance of bankruptcy within 13 years; wave parks are an unproven venture; and any economic advantages of the project do not justify the unmitigated ecological impacts.

PUBLIC SPEAKER: Steve Jefferey, La Quinta [received speaker donated time by resident Rick Owen] – opposed the project and spoke about the new information on noise impacts from wave parks to surrounding communities; and cities’ responsibility to protect its residents from noise, including lowfrequency noise; and requested the EIR be recirculated after a more complete on-site noise study is done using current standards as the current study is flawed.

PUBLIC SPEAKER: Alena Callimanis, La Quinta [received speaker donated time by residents Andrea Lawent, Judy Horjacky, and Richard Harris] – opposed the project and spoke about flaws in the noise study; the value of homes in the area on the County tax rolls; the impact of the project’s water use on the aquifer absent availability of Colorado River water; the unmitigated greenhouse gas emissions; and the meeting with Lisa Castro and the letter from the applicant’s legal counsel, who was not in attendance of that meeting.

Ms. Callimanis provided a slide show which was printed and distributed to Council, made publicly available to attendees at the meeting, and included in the public record for this meeting.

Councilmember Radi explained his comment about resident Lisa Castro’s correspondence was not an interpretation of his position on the project, but rather he appreciated that Ms. Castro’s comments were well written, on point, constructive, and respectful.

PUBLIC SPEAKER: Kathrine Chevalier, La Quinta [received speaker donated time by resident Bobbie Fleury] – spoke about Imperial Irrigation District’s (IID) energy crisis and its commitment to provide power to only Phase 1 of the project as noted in the EIR which is now invalid; and opposed the project.

PUBLIC SPEAKER: Joan Sanka, La Quinta – opposed the project due to the historic natural environment and its destruction by this project; the importance of La Quinta’s hiking trails; and the restriction of access and obstruction to the area trails.

PUBLIC SPEAKER: Carol Strop, La Quinta – opposed the project and the applicant’s request for continuance; and suggested alternative uses for the land.
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CITY COUNCIL MINUTES Page 5 of 7 JULY 5, 2022

SPECIAL MEETING
PUBLIC SPEAKER: Dorothy Dupree, La Quinta – opposed the project and the applicant’s request for continuance due to water use.

Council discussed the developer’s right to due process where the developer has an opportunity to make his case, as does the public; and time is needed to read and digest the new information, and to explore the valid points raised during public comment.

City Attorney Ihrke explained that if Council refused to give developers their due process, the developers’ remedy would be to obtain a writ of mandate from the court to compel the Council to comply with state and federal law.

PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – opposed the project; and said the matter needs to be continued because the Council suspended AB 361 for this meeting so those who may have wanted to attend virtually are not able to do so.

City Attorney Ihrke reiterated the AB 361 teleconference accessibility pursuant to the Brown Act is permissive and not required, and Council has the discretion to implement such accommodations. The public hearing notice for this item complied with the content and publication requirements under the Planning and Zoning State law. The teleconference accessibility in effect at the June 7, 2022, Council meeting, were amended by a subsequent Council action on June 21, 2022, which is currently in effect for tonight’s meeting, and teleconference accessibility will be made available in instances when in-person public meetings are not possible, due to health and safety risks due to COVID-19, and public meetings need to be conducted virtually instead.

Council continued their discussion regarding the importance of public input and the publications and information residents provided to Council; the learning experience during the process; that decisions are made based on facts and fairness, and Council’s motions are not predetermined; appreciation for residents who provide facts, not just demand the Council deny the project; emails received by Council both pro and con, respectful and disrespectful; the technical assessment required of the Planning Commission; the boarder view of the Council in reviewing a project; and the hurdles the applicant has to overcome to design a project that is a benefit to the community and has the support of residents and Council.

City Attorney Ihrke said the Council can request that the developer provide updated, revised information for the Council, staff and residents to review prior to the next Council hearing date on the project.
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CITY COUNCIL MINUTES Page 6 of 7 JULY 5, 2022

SPECIAL MEETING
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:51 P.M.

MAYRO EVANS RECONVENED THE COUNCIL MEETING AT 5:59 P.M.

WITH ALL MEMBERS PRESENT
PUBLIC SPEAKER: John Gamlin, President, CM Wave Development agreed that his company and its consultants could do their analysis and submit the bulk of any new information/alternatives to City staff by August 15, 2022, and the remainder of new information could be submitted no later than 10 days prior to the next hearing date on the project (September 21, 2022).

PUBLIC SPEAKER: Phillip Novak, La Quinta – asked the Council to provide residents with an equal amount of time, i.e., two months, if they request it in order to complete their review and analysis of the new information the developer submits.

THE PUBLIC HEARING REMAINED OPEN UNTIL SEPTEMBER 21, 2022 MOTION – A motion was made and seconded by Councilmembers Peña/Radi to continue this Public Hearing at a special meeting to be held on Wednesday, September 21, 2022, 4:00 p.m., at City Hall. Motion passed unanimously.

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:
 Brad Anderson, Rancho Mirage – opposed the removal of AB 361  Penny Boehm, La Quinta – supports the applicant’s request for continuance, and requested that no public comments be allowed on the project that are not related to the request for continuance  Wendy Clarke, La Quinta – opposed the project
 Judy and Russell DeCausemaker, La Quinta – opposed the project  Christopher Lovrien, La Quinta – supports the project  Shay Nadler, La Quinta – opposed the project
 Celeste Varela, La Quinta – opposed the project
 Kathy Weiss, La Quinta – provided an article entitled “Water Wars Come to the Suburbs”
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña congratulated everyone on the country’s celebration of Independence Day.

Mayor Evans reminded the audience that the Nine Cities Blood Challenge is currently underway and encouraged folks to donate blood; noted Amazon’s 34 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 7 of 7 JULY 5, 2022

SPECIAL MEETING
new partnership as a donor to the Find Food Bank; and reported on her attendance at the Chamber of Commerce installation awards dinner and the meeting with the Desert Valley Builders’ Association.

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Peña/Radi to adjourn at 6:10 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE CREATIVE LIGHTING & ELECTRICAL, INC., FOR UP TO $50,000 OF ADDITIONAL

NON-CONTRACTED MAINTENANCE AND/OR REPAIR ITEMS IN FISCAL YEAR 2022/23 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER

RECOMMENDATION
Authorize the Public Works Department to utilize Creative Lighting & Electrical, Inc., for up to $50,000 for additional non-contracted maintenance and/or repair items in fiscal year 2022/23 when they are the qualified and/or lowest bidder.

EXECUTIVE SUMMARY
• Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council.
• On June 7, 2022, Council approved a one-year contract extension with Creative Lighting & Electrical, Inc., (Creative) for Project No 2018-31 Landscape & Lighting Assessment District (L&L) Lighting Maintenance Services.
• Staff requests authority to utilize Creative for up to $50,000 for additional work should they submit a qualified bid and/or lowest bid.

FISCAL IMPACT
The $50,000 would be charged in increments, as needed, to the appropriate budgeted account(s) should Creative be awarded any other bid in FY 2022/23.

BACKGROUND/ANALYSIS
Creative provides quality work and is contracted with the City for lighting maintenance services.

The L&L lighting maintenance contract allows for additional work, such as light fixture replacement, and electrical repairs on request, however, the dollar CONSENT CALENDAR ITEM NO. 3
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amount for additional work is dependent on the scope of work identified rather than a specific amount incorporated in the contract. Creative may also submit bids for project and/or additional work which is included in the FY 2022/23 budget, such as vandalism repair, and/or electrical repairs and upgrades in Citywide parks and buildings which is not included in their contract.

Staff requests authorization to utilize Creative for an additional $50,000 for work over the contract price, should they be the qualified bidder. Each project would be subject to the City’s current purchasing policy. Creative could also perform emergency repairs, and/or a variety of other electrical work and comply with prevailing wage requirements.

ALTERNATIVES
Staff could request approval from Council for any future work awarded to Creative on a per project basis. However, this approach will delay work schedules.

Prepared by: Dianne Hansen, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer 38 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC. FOR UP TO $100,000 OF ADDITIONAL WORK IN FISCAL YEAR 2022/23, AS A SINGLE SOURCE FOR MEDIAN LANDSCAPE RESTORATION WITHIN THE LIGHTING & LANDSCAPE ASSESSMENT DISTRICT 89-1 AND FOR

EXTRA WORK WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER

RECOMMENDATION
Authorize the Public Works Department to utilize PWLC II, Inc. for up to $100,000 of additional work during fiscal year 2022/23, as a single source for median landscape restoration within the Lighting & Landscape Assessment District 89-1, and for extra work when they are the qualified and/or lowest bidder.

EXECUTIVE SUMMARY
• Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council.
• On June 7, 2022, Council approved a one-year contract extension with PWLC II, Inc. (PWLC) for Project No 2018-30 Lighting & Landscape Assessment District 89-1 (L&L) Landscape Maintenance Services. • The current contract allows for the contractor to be paid for additional work. Staff requests authority to utilize PWLC for additional work, and as a single source for landscape renovations within L&L areas. • Staff requests authority to utilize PWLC for up to $100,000 for additional work.

FISCAL IMPACT
The $100,000 would be charged in increments, as needed, to the appropriate budgeted account(s) for landscape renovation within the L&L areas, should PWLC be awarded any other bid in FY 2022/23.

CONSENT CALENDAR ITEM NO. 4
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BACKGROUND/ANALYSIS
PWLC provides quality work and is contracted with the City for L&L landscape maintenance services.

The landscape contract allows for additional work on request, such as plant replacement, tree removal, irrigation repairs, and emergency callouts. However, the dollar amount for additional work is not specified. To ensure consistency of landscape renovations, staff requests authorization to utilize PWLC as a single source for landscape renovations within the L&L.

PWLC may also submit proposals for other City projects such as Capital Improvement Projects, or weed abatement, which is included in the FY 2022/23 budget but is not included in their contract.

Staff requests authorization to utilize PWLC for an additional $100,000 of work over the contract price for median restoration and/or for proposals submitted for work should they be the qualified bidder. Each project would be subject to the City’s current purchasing policy. PWLC is able to perform additional work for weed abatement, irrigation installation and/or repair, turf renovation, and landscape restoration for any City project, and comply with prevailing wage requirements.

ALTERNATIVES
Staff could request approval from Council for any future work awarded to PWLC on a per project basis. However, this approach will delay project completion schedules.

Prepared by: Dianne Hansen, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer 40 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC FOR UP TO $100,000 OF ADDITIONAL WORK IN FISCAL YEAR 2022/23, AS A SINGLE SOURCE FOR LANDSCAPE

RESTORATION WITHIN CITYWIDE PARKS AND FOR EXTRA WORK WHEN THEY

ARE THE QUALIFIED AND/OR LOWEST BIDDER

RECOMMENDATION
Authorize the Public Works Department to utilize Vintage Associates, Inc., for up to $100,000 of additional work in fiscal year 2022/23, as a single source for landscape restoration within Citywide parks and for extra work when they are the qualified and/or lowest bidder.

EXECUTIVE SUMMARY
• Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council.
• On May 17, 2022, Council approved a one-year contract extension with Vintage Associates, Inc. (Vintage) for Project No 2018-32 Parks Landscape Maintenance Services.
• The current contract allows for the contractor to be paid for additional work. Staff requests authority to utilize Vintage for additional work, and as a single source for landscape renovations within Citywide parks. • Staff requests authority to utilize Vintage for up to $100,000 for additional work.

FISCAL IMPACT
The cost for additional work would be charged in increments up to $100,000, as needed, to the appropriate budgeted account(s) should Vintage be awarded any other bid in FY 2022/23.

CONSENT CALENDAR ITEM NO. 5
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BACKGROUND/ANALYSIS
Vintage provides quality work and is contracted with the City for Citywide Park Landscape Maintenance.

The contract allows for additional work, such as landscape restoration, top dressing on sports fields, plant replacement on request, and irrigation repairs, however, the dollar amount for additional work is not specified or incorporated in the contract. To ensure consistency of landscape renovations, staff requests authorization to utilize Vintage as a single source for landscape renovations within Citywide parks.

Vintage may also submit bids other City projects such as Capitol Improvement Projects, or weed abatement, which is included in the FY 2022/23 budget but is not included in their contract.

Staff requests authorization to utilize Vintage for an additional $100,000 for work over the contract price for landscape restoration in parks and/or for proposals submitted for work should they be the qualified bidder. Each project would be subject to the City’s current purchasing policy. Vintage is able to perform additional work such as irrigation, turf, landscape restoration, and weed abatements, and comply with prevailing wage requirements.

ALTERNATIVES
Staff could request approval from Council for any extra future work awarded to Vintage on a per project basis. However, this approach will delay work schedules.

Prepared by: Dianne Hansen, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer 42 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT
SUBDIVISION IMPROVEMENT AGREEMENTS FOR AMENDED TRACT MAP NO. 31348, ESTATES AT POINT HAPPY, A RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF HIGHWAY 111 AND WEST OF WASHINGTON STREET

RECOMMENDATION
Approve the On-Site and Off-Site Replacement Subdivision Improvement Agreements for Amended Tract Map No. 31348, Estates at Point Happy, and authorize the City Manager to execute said agreements upon receipt of replacement securities.

EXECUTIVE SUMMARY
• In 2005, the original developer of this tract, PH Ranch, LLC, recorded a final map and executed on-site and off-site Subdivision Improvement Agreements (SIAs). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements.
• WH La Quinta 29, LLC (New Developer) has acquired interest in the property and desires to enter into replacement of on-site and off-site SIAs and bonds for the design and construction of the remaining public and private improvements associated with this tract.
• The replacement SIAs and bonds will ensure construction and acceptance of the remainder of the improvements for this tract.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
Amended Tract Map No. 31348 is a residential development located south of Highway 111 and west of Washington Street (Attachment 1). Some of the onsite improvements and off-site improvements have been installed, including a flap gate at the Whitewater channel outlet and a rockfall protection barrier wall.

Some homes have been built in the tract.

The remaining on-site improvements are listed on the punch list in the Development Improvement Agreement which includes some grading, street improvements, drainage improvements, landscaping, and setting monumentation. The remaining off-site improvements include removing approximately 70 linear feet of sidewalk, some were damaged and some extra CONSENT CALENDAR ITEM NO. 6
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sidewalk that is not required were constructed. The damaged sidewalk will be required to be replaced. The area with the extra sidewalk will be required to be landscaped. The attached replacement SIAs (Attachment 2) replace PH Ranch, LLC with WH La Quinta 29, LLC as obligee for the construction and guarantor of the remaining on-site and off-site improvements.

ALTERNATIVES
Staff does not recommend an alternative.

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

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

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TM 31348 THE ESTATES AT POINT HAPPY

V I C I N I T Y M A P

NOT TO SCALE
ATTACHMENT 1
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CITY OF LA QUINTA

REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT
AMENDED TRACT MAP NO. 31348

ON-SITE IMPROVEMENTS
THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ________________________________ day of ___________________________, 2022, by and between WH LA QUINTA 29, LLC, a Delaware limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:

A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2004-035 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.

B. On or about January 12, 2005, Builder’s predecessor in interest, PH Ranch, LLC, a California limited liability company, entered into the original Subdivision Improvement Agreement for the abovereferenced subdivision. Point Happy Lots, LLC, a Colorado limited liability company, later obtained interest in the Tract and entered into a Development Improvement Agreement on or about January 21, 2014 for the above-referenced subdivision. In this Agreement, PH Ranch, LLC and Point Happy Lots, LLC are referred to collectively as the “Previous Subdividers”.

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

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

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

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

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

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

2. Improvements. Builder shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.

ATTACHMENT 2 47 CLICK HERE to Return to Agenda
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3. Improvement Security. Builder shall at all times guarantee Builder’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:

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

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

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

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto 48 CLICK HERE to Return to Agenda
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belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Builder's expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.

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

D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to the form of security provided. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Builder shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.

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

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

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

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

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

6. Completion of Improvements; Inspection.

6.1 Construction of Improvements. Builder shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Builder to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and 50 CLICK HERE to Return to Agenda
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when it deems necessary, to declare Builder in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Builder's obligations hereunder.

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

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

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

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

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

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

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

11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 51 CLICK HERE to Return to Agenda
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12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer.

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

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

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

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

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

17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 52 CLICK HERE to Return to Agenda
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b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction.

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

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

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

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

21. General Provisions.

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

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

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

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

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

F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 53 CLICK HERE to Return to Agenda
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Exhibit A
SECURITY – TRACT MAP NO. 31348

ON-SITE IMPROVEMENTS

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

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

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

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

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

Improvement Description Performance Labor & Materials
Grading $ 233,850 -
Street Improvements $ 65,122
Drainage Improvements $ 78,475 -
Landscaping $ 86,400 -
Monumentation $ 18,000 -
Totals $ 945,693 -
Standard 10% Contingency $ 94,569 -
Professional Fees, Design 10% $ 94,569 -
Professional Fees, Construction 10% $ 94,569 -
Bond Amount $ 1,229,400

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CITY OF LA QUINTA

REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT
AMENDED TRACT MAP NO. 31348

OFF-SITE IMPROVEMENTS
THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _________________________________ day of ___________________________, 2022, by and between WH LA QUINTA 29, LLC, a California limited liability company, hereinafter referred to as "Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:

A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2004-035 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.

B. On or about January 12, 2005, Builder’s predecessor in interest, PH Ranch, LLC, a California limited liability company, entered into the original Subdivision Improvement Agreement for the abovereferenced subdivision. Point Happy Lots, LLC, a Colorado limited liability company, later obtained interest in the Tract and entered into a Development Improvement Agreement on or about January 21, 2014 for the above-referenced subdivision. In this Agreement, PH Ranch, LLC and Point Happy Lots, LLC are referred to collectively as the “Previous Subdividers”.

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

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

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

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

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

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

2. Improvements. Builder shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
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3. Improvement Security. Builder shall at all times guarantee Builder’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:

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

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

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

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto 57 CLICK HERE to Return to Agenda
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belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Builder's expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements.

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

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

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

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

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

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

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

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

6. Completion of Improvements; Inspection.

6.1 Construction of Improvements. Builder shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Builder to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and 59 CLICK HERE to Return to Agenda
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when it deems necessary, to declare Builder in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Builder's obligations hereunder.

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

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

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

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

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

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

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

11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 60 CLICK HERE to Return to Agenda
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12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer.

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

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

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

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

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

17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 61 CLICK HERE to Return to Agenda
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b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Builder submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction.

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

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

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

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

21. General Provisions.

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

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

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

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

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

F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 62 CLICK HERE to Return to Agenda
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Exhibit A
SECURITY – TRACT MAP NO. 31348

OFF-SITE IMPROVEMENTS

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

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

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

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

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

Improvement Description Performance Labor & Materials
Sidewalk $ 9,000 $ 9,000
Landscaping $ 1,800 $ 1,800
Totals $ 10,800 $ 10,800
Standard 10% Contingency $ 1,080 $ 1,080
Professional Fees, Design 10% $ 1,080 $ 1,080
Professional Fees, Construction 10% $ 1,080 $ 1,080
Bond Amount $ 14,040 $ 14,040

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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT

AND AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT FOR
AMENDED TRACT MAP NO. 31348, ESTATES AT POINT HAPPY, A RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF HIGHWAY 111 AND WEST OF

WASHINGTON STREET

RECOMMENDATION
Approve Assignment and Assumption Agreement and Amendment to Development Improvement Agreement for Amended Tract Map No. 31348, Estates at Point Happy, and authorize the City Manager to execute said agreement.

EXECUTIVE SUMMARY
 Point Happy Lots, LLC has sold its interest in this tract (Attachment 1) to WH La Quinta 29, LLC (New Developer) and desires to assign the Development Improvement Agreement’s rights, interest, and obligations to the New Developer.
 New Developer requests approval of Assignment and Assumption Agreement and Amendment to Development Improvement Agreement (Agreement) (Attachment 2) for Amended Tract Map No. 31348.

FISCAL IMPACT
None. Developer reimbursements will be from settlement funds received from Surety bond.

BACKGROUND/ANALYSIS
Tract Map No. 31348 is a residential development located south of Highway 111 and west of Washington Street.

In January 2014, Point Happy Lots, LLC entered into a Development Improvement Agreement for Amended Tract Map No. 31348. The CONSENT CALENDAR ITEM NO. 7
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Development Improvement Agreement allows reimbursements to Point Happy Lots, LLC from settlement funds received from a Surety bond for the construction of the punch list items listed in the agreement for the tract. Point Happy Lots, LLC has sold its interest in this tract to New Developer and desires to assign the Development Improvement Agreement’s rights, interest, and obligations to the New Developer.

ALTERNATIVES
Staff does not recommend an alternative.

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

2. Assignment and Assumption Agreement and Amendment
to Development Improvement Agreement

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TM 31348 THE ESTATES AT POINT HAPPY

V I C I N I T Y M A P

NOT TO SCALE
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ATTACHMENT 2 69 CLICK HERE to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: ACCEPT SILVERROCK RETENTION BASIN SOIL
STABILIZATION PROJECT NO. 2020-07, LOCATED AT THE SOUTHEAST CORNER OF AVENUE 52 AND SILVERROCK WAY

RECOMMENDATION
Accept the SilverRock Retention Basin Soil Stabilization project, as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $9,590, thirty-five days after the Notice of Completion is recorded.

EXECUTIVE SUMMARY
• The SilverRock Retention Basin Soil Stabilization project included landscape improvements and the installation of guardrails and ramp at the southeast corner of Avenue 52 and SilverRock Way (Attachment 1). • The work is complete and Council acceptance will close the contract and allow final payment.

FISCAL IMPACT
The following is the financial accounting for Project No. 2020-07:

Original Contract Amount $ 180,600
Change Orders No. 1 - 2 $ 15,188
Final Contract Amount $ 195,788
Project Budget $ 437,250
Final Contract Amount ($ 195,788)
Design, Professional, & Personnel Costs ($ 49,355)
Inspection, Survey, Plans, & Other Construction Costs ($ 2,174) Remaining Balance $189,933
* All costs to date have been accounted for and no further costs are anticipated.

The final retention amount of $9,590 will be paid from account number 401- 0000-20600.

CONSENT CALENDAR ITEM NO. 8
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BACKGROUND/ANALYSIS
On November 16, 2021, Council awarded a $180,600 contract to Urban Habitat.

On December 16, 2021, a Notice to Proceed was issued with a 90-working day completion time starting on January 3, 2022 and ending on May 10, 2022. The project was deemed substantially complete on March 25, 2022.

Contract Change Order No. 1 was issued to allow for credit to change the Avenue 52 slope buried laterals.

Contract Change Order No. 2 was issued for changes to the handrail at the ramp to the event site building.

The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Carley Escarrega, Management Assistant
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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ATTACHMENT 1
ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: ACCEPT CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2021-03 (COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 4.LQ.42.21) LOCATED AT

VARIOUS LOCATIONS ON AVENIDA BERMUDAS

RECOMMENDATION
Accept the Citywide Miscellaneous Americans with Disabilities Act Improvements Project as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $8,713, thirty-five days after the Notice of Completion is recorded.

EXECUTIVE SUMMARY
• The Citywide Miscellaneous Americans with Disabilities Act (ADA) Improvements project included constructing curb ramps and sidewalk along various locations on Avenida Bermudas (Attachment 1). • The work is complete and Council acceptance will close the contract and allow final payment.

FISCAL IMPACT
The following is the financial accounting for Project No. 2021-03:

Original Contract Amount $ 164,134
Contract Change Order No. 1 $ 1,312
Contract Change Order No. 2 $ 8,813
Final Contract Amount $ 174,259
Project Budget
CDBG Contribution
Project Budget Total
$ 77,623
$ 187,377
$ 265,000
Final Contract Amount ($ 174,259)
CONSENT CALENDAR ITEM NO. 9
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Design and Professional Costs ($ 27,113)
Inspection, Survey, Plans, & Other Construction Costs ($ 4,000) Anticipated Funds Remaining* $ 59,628
* All costs to date have been accounted for and no further costs are anticipated.

There are adequate funds to close this project; the final retention amount of $8,713 will be paid from account number 401-0000-20600. The anticipated savings ($59,628) will remain as available appropriations for this project until the completion of all phases.

BACKGROUND/ANALYSIS
On February 1, 2022, Council awarded a $164,134 contract to Universal Construction and Engineering.

On March 1, 2022, a Notice to Proceed for the first phase was issued with a 20- working day completion time starting on March 7, 2022 and ending on April 1, 2022.

On April 29, 2022, a Notice to Proceed for the last phase was issued with a 20- working day completion time starting on May 2, 2022 and ending on May 27, 2022. The project was deemed substantially complete on May 25, 2022. No liquidated damages or early completion incentives are recommended.

Contract Change Order No. 1 was issued to allow for extra sidewalk poured.

Contract Change Order No. 2 was issued to allow for removal and replacement of catch basin deck and interlocking pavers.

The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Carley Escarrega, Management Assistant
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user.
© Riverside County GIS
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ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO URBAN HABITAT FOR

CONSTRUCTION OF THE LA QUINTA LANDSCAPE RENOVATION
IMPROVEMENTS PROJECT NOS. 2016-03F2 & 2016-03F3, LOCATED AT THE LA

QUINTA DESERT PRIDE, MARBELLA, AND SIERRA DEL REY DEVELOPMENTS,

ON THE SOUTH SIDE OF MILES AVENUE, EAST AND WEST OF ADAMS STREET

AND RETENTION BASIN LOCATED AT THE CORNER OF ASHLEY WAY AND

DESERT STREAM DRIVE

RECOMMENDATION
Award a contract to Urban Habitat to construct the La Quinta Landscape Renovation Improvements Project located at La Quinta Desert Pride, Marbella, and Sierra Del Rey developments, on the south side of Miles Avenue, east and west side of Adams Street and the retention basin located at the corner of Ashley Way and Desert Stream Drive; and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY
• The projects are located at La Quinta Desert Pride Development and Marbella & Sierra Del Rey Developments.
o The Desert Pride Development renovation (Project No. 2016-03F2), will take place on the south side of Miles Avenue, the entrance on Coldbrook Lane at Miles Avenue, the west side of Adams Street, the entrance on Bayberry Lane at Adams Street, and the entrance at Woodberry Lane at Adams Street (Attachment 1).
o The Marbella and Sierra Del Rey Development renovations (Project 2016-03F3), will take place on the south side of Miles Avenue, east side entrance of Bridgette Way on Miles Avenue, east side of Adams Street, the entrance on Victoria Drive at Adams Street, and the retention basin located at the corner of Ashley Way and Desert Stream Drive. • Urban Habitat of La Quinta, California, submitted the lowest responsible and responsive bid at $1,595,208.71 (Attachment 2).

CONSENT CALENDAR ITEM NO. 10
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FISCAL IMPACT
The 2020/21 Capital Improvement Program (CIP) allocates $9,963,148 to Landscape Renovation projects; $9,043,914 of Measure G Funds, $426,073 of General Funds, $479,661 of CVWD reimbursement, and $13,500 of Arts in Public Places Funds. The following is the project budget:

Total Budget
(All Phases)
Phase 6.1 –
Topaz
Phase 6.2&6.3 –
Desert Pride,
Marbella & Sierra
Del Rey
Professional: $ 547,258 $ 20,000 $ 35,000
Design: $ 699,212 $ 86,692 $ 121,070
Inspection/Testing/Survey: $ 677,242 $ 115,000 $ 40,000 Construction: $ 6,970,407 $ 648,851 $ 1,595,208
Contingency: $ 1,069,029 $ 119,457 $ 160,000
Total Budget: $ 9,963,148 $ 990,000 $ 1,951,278
*Note:
 Approximately $3,500,000 is expected to be available for the construction of Landscape Renovation Turf Conversion projects (X-Park, and Cactus Flower).
 Staff anticipates approximately $48,000 in Coachella Valley Water District (CVWD) turf rebates.

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

The parkway renovation effort is divided into seven phases. The sixth phase was divided into three sub-phases: 1. Topaz, 2. Desert Pride, 3. Sierra Del Rey & Marbella. The seventh phase, located at the Cactus Flower Development, is beginning design.

On June 7, 2022, staff solicited construction bids from qualified contractors.

The City received 3 bids on July 6, 2022. Urban Habitat of La Quinta, California, submitted the lowest responsible and responsive bid at $1,595,208.71 Contingent upon award of the project on July 19, 2022, the following is the project schedule:
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Council Considers Project Award July 19, 2022
Execute Contract and Mobilize July 20 to August 2, 2022 Construction (90 Working Days) August 2022 to January 2023 Accept Improvements March 2023

ALTERNATIVES
Staff does not recommend an alternative.

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

2. Bid Comparison Summary
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*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Notes
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ATTACHMENT 1
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Bid Opening Date: 07/06/2022 La Quinta Landscape Renovation Improvements - Desert Pride, Marbella, and Sierra Del Rey City Project No. 2016-03F2 and 2016-03F3
Bid Comparison
ATTACHMENT 2
Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 $ 42,000.00 $ 42,000.00 $ 19,342.46 $ 19,342.46 $ 25,000.00 $ 25,000.00 $ 50,000.00 $ 50,000.00 2 Traffic Control and Plans LS 1 $ 29,800.00 $ 29,800.00 $ 3,729.27 $ 3,729.27 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 3 Dust Control LS 1 $ 25,379.00 $ 25,379.00 $ 10,348.71 $ 10,348.71 $ 12,500.00 $ 12,500.00 $ 16,000.00 $ 16,000.00 4 Clearing and Grubbing LS 1 $ 8,460.00 $ 8,460.00 $ 44,465.29 $ 44,465.29 $ 60,000.00 $ 60,000.00 $ 70,000.00 $ 70,000.00 5 Demolition and Disposal LS 1 $ 21,000.00 $ 21,000.00 $ 32,196.00 $ 32,196.00 $ 60,000.00 $ 60,000.00 $ 95,000.00 $ 95,000.00 6 Modify, Relocate, and Repair Existing Lighting Electrical System with New Fixtures LS 1 $ 20,000.00 $ 20,000.00 $ - $ - $ 5,000.00 $ 5,000.00 $ 1.00 $ 1.00 7 Install Solar Lighting LS 1 $ 10,000.00 $ 10,000.00 $ 43,607.55 $ 43,607.55 $ 50,000.00 $ 50,000.00 $ 26,000.00 $ 26,000.00 8 Install New Sleeving per City Standard 600 LF 180 $ 50.00 $ 9,000.00 $ 234.48 $ 42,206.40 $ 25.00 $ 4,500.00 $ 60.00 $ 10,800.00 9 Remove and Replace 6' Sidewalk per City Standard No. 245 SF 675 $ 10.00 $ 6,750.00 $ 31.08 $ 20,979.00 $ 25.00 $ 16,875.00 $ 35.00 $ 23,625.00 10 Wall Cleaning LS 1 $ 40,992.00 $ 40,992.00 $ 9,298.30 $ 9,298.30 $ 5,000.00 $ 5,000.00 $ 8,000.00 $ 8,000.00 11 Soil Prep and Fine Grading LS 1 $ 22,394.00 $ 22,394.00 $ 7,458.53 $ 7,458.53 $ 15,000.00 $ 15,000.00 $ 30,500.00 $ 30,500.00 12 Furnish and Install Boulders per Plan - "Rustic Brown", 2' -3' EA 150 $ 125.00 $ 18,750.00 $ 217.54 $ 32,631.00 $ 100.00 $ 15,000.00 $ 115.00 $ 17,250.00 13 Furnish and Install 3/8" Apache Brown Crushed Rock SF 9,756 $ 1.88 $ 18,341.28 $ 1.86 $ 18,146.16 $ 2.00 $ 19,512.00 $ 1.60 $ 15,609.60 14 Furnish and Install 12"-18" Sierra Cobble SF 94 $ 2.00 $ 188.00 $ 14.92 $ 1,402.48 $ 4.00 $ 376.00 $ 11.00 $ 1,034.00 15 Furnish and Install 3/4" Desert Gold Crushed Rock SF 56,345 $ 1.30 $ 73,248.50 $ 1.80 $ 101,421.00 $ 1.25 $ 70,431.25 $ 0.95 $ 53,527.75 16 Furnish and Install 6" Minus Baja Cresta Rubble SF 20,585 $ 3.50 $ 72,047.50 $ 3.48 $ 71,635.80 $ 4.00 $ 82,340.00 $ 3.00 $ 61,755.00 17 Furnish and Install PermaLoc Header - Asphalt Edge LF 170 $ 10.00 $ 1,700.00 $ 14.92 $ 2,536.40 $ 8.00 $ 1,360.00 $ 10.50 $ 1,785.00 18 Furnish and Install Landscaping Per Plan LS 1 $ 30,425.00 $ 30,425.00 $ 51,588.18 $ 51,588.18 $ 55,000.00 $ 55,000.00 $ 28,000.00 $ 28,000.00 19 Furnish and Install Irrigation per Plan LS 1 $ 235,372.00 $ 235,372.00 $ 172,167.80 $ 172,167.80 $ 200,000.00 $ 200,000.00 $ 240,000.00 $ 240,000.00 20 Furnish and Install Keystone Block Tree Well - 5 Course Stack (Complete in place per detail) LF 243 $ 80.00 $ 19,440.00 $ 54.52 $ 13,248.36 $ 75.00 $ 18,225.00 $ 170.00 $ 41,310.00 21 Furnish and Install Keystone Block Retaining Wall - 4 Course Stack LF 776 $ 90.00 $ 69,840.00 $ 45.71 $ 35,470.96 $ 60.00 $ 46,560.00 $ 81.00 $ 62,856.00 22 Furnish and Install Keystone Block Retaining Wall - 6 Course Stack LF 709 $ 100.00 $ 70,900.00 $ 62.71 $ 44,461.39 $ 100.00 $ 70,900.00 $ 110.00 $ 77,990.00 23 90 - Day Maintenance Period LS 1 $ 2,576.00 $ 2,576.00 $ 19,889.42 $ 19,889.42 $ 10,000.00 $ 10,000.00 $ 7,500.00 $ 7,500.00 $ 848,603.28 $ 798,230.46 $ 868,579.25 $ 963,543.35
Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 24 Mobilization LS 1 $ 40,000.00 $ 40,000.00 $ 19,342.46 $ 19,342.46 $ 25,000.00 $ 25,000.00 $ 68,100.00 $ 68,100.00 25 Traffic Control and Plans LS 1 $ 29,800.00 $ 29,800.00 $ 3,729.27 $ 3,729.27 $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 26 Dust Control LS 1 $ 18,026.00 $ 18,026.00 $ 10,348.71 $ 10,348.71 $ 12,500.00 $ 12,500.00 $ 11,700.00 $ 11,700.00 27 Clearing and Grubbing LS 1 $ 89,536.00 $ 89,536.00 $ 85,602.20 $ 85,602.20 $ 40,000.00 $ 40,000.00 $ 85,000.00 $ 85,000.00 28 Demolition and Disposal LS 1 $ 51,750.00 $ 51,750.00 $ 37,093.77 $ 37,093.77 $ 40,000.00 $ 40,000.00 $ 60,600.00 $ 60,600.00 29 Modify, Relocate, and Repair Existing Lighting Electrical System w/ New Fixtures LS 1 $ 15,000.00 $ 15,000.00 $ 24,414.26 $ 24,414.26 $ 25,000.00 $ 25,000.00 $ 28,000.00 $ 28,000.00 30 Install New Sleeving per City Standard 600 LF 60 $ 50.00 $ 3,000.00 $ 263.04 $ 15,782.40 $ 25.00 $ 1,500.00 $ 60.00 $ 3,600.00 31 Remove and Replace 6' Sidewalk per City Standard No. 245 SF 70 $ 10.00 $ 700.00 $ 31.08 $ 2,175.60 $ 25.00 $ 1,750.00 $ 35.00 $ 2,450.00 32 Metal Fencing LF 185 $ 175.00 $ 32,375.00 $ 503.35 $ 93,119.75 $ 200.00 $ 37,000.00 $ 112.00 $ 20,720.00 33 Wall Cleaning LS 1 $ 576.00 $ 576.00 $ 6,762.40 $ 6,762.40 $ 5,000.00 $ 5,000.00 $ 2,525.00 $ 2,525.00 34 Wall Patching and Painting SF 7,000 $ 1.75 $ 12,250.00 $ 2.32 $ 16,240.00 $ 1.50 $ 10,500.00 $ 3.65 $ 25,550.00 35 Soil Prep and Fine Grading LS 1 $ 15,905.00 $ 15,905.00 $ 7,707.15 $ 7,707.15 $ 15,000.00 $ 15,000.00 $ 30,400.00 $ 30,400.00 36 Furnish and Install Boulder - "Baja Cresta Red", 2'-3' EA 126 $ 125.00 $ 15,750.00 $ 217.54 $ 27,410.04 $ 100.00 $ 12,600.00 $ 140.00 $ 17,640.00 37 Furnish and Install 3/8" Apache Brown Crushed Rock SF 8,090 $ 1.88 $ 15,209.20 $ 1.86 $ 15,047.40 $ 2.00 $ 16,180.00 $ 2.20 $ 17,798.00 38 Furnish and Install 3/8" Desert Gold Stablized Decomposed Granite SF 6,865 $ 2.00 $ 13,730.00 $ 1.55 $ 10,640.75 $ 2.00 $ 13,730.00 $ 2.00 $ 13,730.00 39 Furnish and Install 3/4" Desert Gold Crushed Rock SF 68,260 $ 1.30 $ 88,738.00 $ 1.12 $ 76,451.20 $ 1.25 $ 85,325.00 $ 0.90 $ 61,434.00 40 Furnish and Install 6" Minus Baja Cresta Rubble SF 11,198 $ 3.50 $ 39,193.00 $ 3.48 $ 38,969.04 $ 4.00 $ 44,792.00 $ 3.15 $ 35,273.70 41 Furnish and Install 6" Minus Cresta Rubble SF 3,559 $ 3.50 $ 12,456.50 $ 3.48 $ 12,385.32 $ 3.50 $ 12,456.50 $ 2.50 $ 8,897.50 42 Furnish and Install 12" - 18" Sierra Cobble SF 103 $ 2.00 $ 206.00 $ 14.92 $ 1,536.76 $ 4.00 $ 412.00 $ 11.00 $ 1,133.00 43 Furnish and Install PermaLoc Header - Asphalt Edge LF 1,767 $ 10.00 $ 17,670.00 $ 14.92 $ 26,363.64 $ 8.00 $ 14,136.00 $ 9.75 $ 17,228.25 44 Furnish and Install Landscaping per Plan LS 1 $ 43,295.00 $ 43,295.00 $ 49,847.86 $ 49,847.86 $ 70,000.00 $ 70,000.00 $ 33,000.00 $ 33,000.00 45 Furnish and Install Irrigation per Plan LS 1 $ 277,037.00 $ 277,037.00 $ 165,514.79 $ 165,514.79 $ 200,000.00 $ 200,000.00 $ 160,300.00 $ 160,300.00 46 Furnish and Install Keystone Block LF 38 $ 80.00 $ 3,040.00 $ 40.30 $ 1,531.40 $ 130.00 $ 4,940.00 $ 70.00 $ 2,660.00 47 90 - Day Maintenace Period LS 1 $ 4,736.00 $ 4,736.00 $ 21,754.05 $ 21,754.05 $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 $ 839,978.70 $ 769,770.22 $ 712,821.50 $ 734,739.45
Sub-Total Base Bid Area 01 Bid:

Engineer's Estimate - Base Bids Urban Habitat Conserve LandCare Marina Landscape, Inc.

Sub-Total Base Bid Area 02 Bid:

BASE BID AREA 02 - Marbella and Sierra Del Rey
BASE BID AREA 01 - Desert Pride

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Bid Opening Date: 07/06/2022 La Quinta Landscape Renovation Improvements - Desert Pride, Marbella, and Sierra Del Rey City Project No. 2016-03F2 and 2016-03F3
Attachment 2 - Bid Comparison
Item Item Description Unit Quantity Unit Price Total Cost A1.1 Mobilization LS 1 4000 $ 4,000.00 $ 3,107.72 $ 3,107.72 $ 15,000.00 $ 15,000.00 $ 1,200.00 $ 1,200.00 A1.2 Sand Filter Maintenance LS 1 25000 $ 25,000.00 $ 24,100.31 $ 24,100.31 $ 40,000.00 $ 40,000.00 $ 16,000.00 $ 16,000.00 $ 29,000.00 $ 27,208.03 $ 55,000.00 $ 17,200.00
$ 1,717,581.98 $ 1,595,208.71 $ 1,636,400.75 $ 1,715,482.80 Miscaluations and Rounding Errors
Conserve LandCare Marina Landscape, Inc.

Grand Total Base Bid Area 01 , Base Bid Area 02 and Additive Alternate 01:

ADDITIVE ALTERNATE 01 - Marbella and Sierra Del Rey
Sub-Total Additive Alternate 01 Bid:

Engineer's Estimate - Base Bids Urban Habitat

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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO URBAN HABITAT FOR CONSTRUCTION OF THE LA QUINTA LANDSCAPE IMPROVEMENTS PROJECT NO. 2016-03G,

LOCATED AT THE LA QUINTA X-PARK, ON THE SOUTH SIDE OF WESTWARD HO

DRIVE AND EAST SIDE OF DUNE PALMS ROAD

RECOMMENDATION
Award a contract to Urban Habitat to construct the La Quinta Landscape Improvements Project located at the La Quinta X-Park, on the south side of Westward Ho Drive and east side of Dune Palms Road; and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY
• This landscape improvement project will complete the Measure G-funded La Quinta Landscape Renovation Project. The limits of the project include the frontage of the X-Park on both Dune Palms Road and Westward Ho Drive and the interior of the X-Park (Attachment 1).
• The project includes:
o Placing approximately 49,000 square feet of decomposed granite on the interior of the X-Park adjacent to features;
o Placing parkway and driveway landscaping on approximately 30,000 square feet using the Desert Oasis plant pallet; o Wall cleaning and painting
• Urban Habitat of La Quinta, California, submitted the lowest responsible and responsive bid at $529,819.52 (Attachment 2).

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

CONSENT CALENDAR ITEM NO. 11
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Total Budget
(All Phases)
Phase 6.1 –
Topaz
Phase 6.2&6.3
– Desert Pride,
Marbella &
Sierra Del Rey
X-Park*
Professional: $ 547,258 $ 20,000 $ 35,000 $ 15,000
Design: $ 699,212 $ 86,692 $ 121,070 $ 30,000
Inspection/Tes
ting/Survey:
$ 677,242 $ 115,000 $ 40,000 $ 10,000
Construction: $ 6,970,407 $ 648,851 $ 1,595,208 $ 529,820 Contingency: $ 1,069,029 $ 119,457 $ 160,000 $ 30,000
Total Budget: $ 9,963,148 $ 990,000 $ 1,951,278 $ 614,820 *Note:

Approximately $3,000,000 is expected to be available for the construction of Landscape Renovation Turf Conversion projects (Cactus Flower).

BACKGROUND/ANALYSIS
These improvements will entail completing the improvements at the X-Park with landscaping. The landscaping is designed using the Desert Oasis landscape palette, which uses hardscape textures with minimal planting to create an aesthetically pleasing environment with lower installation, long-term maintenance, and water costs. Both natural and artificial turf will be used at standing and resting areas. Wall cleaning/painting complete the renovation effort. There will also be a ‘board yard’ installed to allow participants to leave portions of skate boards no longer useable; this is a concept brought over from the skate park at the La Quinta Park.

In order to keep dust and maintenance at a minimum, decomposed granite, turf, and artificial turf will be used on the interior of the X-Park. This will also allow for guests to freely move around the interior of the park without the need to avoid planting material.

On June 7, 2022, staff solicited construction bids from qualified contractors.

The City received 2 bids on July 6, 2022. Urban Habitat of La Quinta, California, submitted the lowest responsible and responsive bid at $529,819.52.

Contingent upon award of the project on July 19, 2022, the following is the project schedule:

Council Considers Project Award July 19, 2022
Execute Contract and Mobilize July 20 to August 12, 2022 Construction (30 Working Days) August to September 2022 Accept Improvements October 2022
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ALTERNATIVES
Staff does not recommend an alternative.

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

2. Bid Comparison Summary
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ATTACHMENT 1
N
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Bid Opening Date: 07/06/2022 X-Park Landscaping and Irrigation Improvements City Project No. 2016-03G ATTACHMENT 2
Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 $ 50 50,330.00 $ 8 ,330.00 $ ,467.09 $ 8,467.09 $ 21,000.00 $ 21,000.00 2 Traffic Control LS 1 $ 10 10,300.00 $ 1 ,300.00 $ ,320.92 $ 1,320.92 $ 3,000.00 $ 3,000.00 3 Dust Control LS 1 $ 13 13,306.00 $ 7 ,306.00 $ ,331.10 $ 7,331.10 $ 15,000.00 $ 15,000.00 4 Demolition and Disposal per Plans (including bollard removal) LS 1 $ 10,000.00 $ 10,000.00 $ 9,071.42 $ 9,071.42 $ 15,000.00 $ 15,000.00 5 Site Walls per Plan SF 12 $ 55.00 $ 660.00 $ 132.09 $ 1,585.08 $ 1,600.00 $ 19,200.00 6 Clean/Paint Walls per Plan LS 1 $ 7 7,000.00 $ 6 ,000.00 $ ,510.28 $ 6,510.28 $ 4,000.00 $ 4,000.00 7 Concrete for Board Yard per Plans SF 108 $ 10.00 $ 1,080.00 $ 19.81 $ 2,139.48 $ 70.00 $ 7,560.00 8 Sidewalk Construction per Plans SF 600 $ 10.00 $ 24.20 6,000.00 $ $ 14,520.00 $ 30.00 $ 18,000.00 9 Stamped Concrete per Plans SF 483 $ 10.00 $ 26.41 4,830.00 $ $ 12,756.03 $ 48.50 $ 23,425.50 10 Drainage Concrete Box/Grate per Plans EA 7 $ 1 210.00 $ 264.18 ,470.00 $ $ 1,849.26 $ 480.00 $ 3,360.00 11 Full Depth Asphalt Concrete Grind (4"±), Compact
Existing Aggregate Base, and 4" Asphalt Concrete Overlay SF 8 $ 40.00 $ 320.00 $ 396.27 $ 3,170.16 $ 1,250.00 $ 10,000.00 12 Modification of Existing Fence and Furnish and Install Pedestrian Gate per Plans EA 1 1,000.00 $ 1,000.00 $ 10,303.17 $ $ 10,303.17 $ 9,375.00 $ 9,375.00 13 Trash Enclosure per Plans LS 1 $ 20 20,000.00 $ 50 ,000.00 $ ,729.94 $ 50,729.94 $ 100 100,000.00 $ ,000.00 14 Keystone Block Wall 6" high block, 3-course. Locations to be determined in field LF 100 $ 80.00 $ 8,000.00 $ 49.05 $ 4,905.00 $ 80.00 $ 8,000.00 15 Clearing, Grubbing, Weed Abatement, and Soil Preparation (including rock and debris removal) LS 1 $ 11,741.00 $ 11,741.00 $ 14,899.98 $ 14,899.98 $ 10,500.00 $ 10,500.0016 Curb, including mow curb, median type curb, and modified median curb as designated in the Plans LF 1,802 $ 10.00 $ 18,020.00 $ 21.58 $ 38,887.16 $ 55.00 $ 99,110.0017 3/4" Crushed Rock - Desert Gold SF 18,036 $ 1.50 $ 1.19 27,054.00 $ $ 21,462.84 $ 0.90 $ 16,232.40 18 6" Minus Baja Cresta Rubble SF 2,651 $ 3.50 $ 3.77 9,278.50 $ $ 9,994.27 $ 2.80 $ 7,422.80 19 3/8" Crushed Rock - Apache Brown SF 1,018 $ 1.88 $ 2.25 1,913.84 $ $ 2,290.50 $ 0.90 $ 916.20 20 3/8" Minus Decomposed Granite - Desert Gold SF 36,145 $ 2.00 $ 72,290.00 $ 1.46 $ 52,771.70 $ 1.60 $ 57,832.0021 3/8" Minus Stabilized Decomposed Granite - Desert Gold SF 12,615 $ 2.50 $ 31,537.50 $ 1.26 $ 15,894.90 $ 1.60 $ 20,184.00 22 Lawn - Sod SF 4,215 $ 2.50 $ 1.46 10,537.50 $ $ 6,153.90 $ 1.00 $ 4,215.00 23 Artificial Turf with Heatblock Technology SF 3,590 $ 9.50 $ 20.79 34,105.00 $ $ 74,636.10 $ 15.50 $ 55,645.00 24 Furnish and Install Boulders per Plans EA 36 $ 125.00 $ 231.16 4,500.00 $ $ 8,321.76 $ 130.00 $ 4,680.00 25 Furnish and Install Landscaping per Plans LS 1 $ 18 18,005.00 $ 57 ,005.00 $ ,198.49 $ 57,198.49 $ 42,000.00 $ 42,000.00 26 Furnish and Install Irrigation per Plans LS 1 $ 43 43,613.00 $ 74 ,613.00 $ ,719.18 $ 74,719.18 $ 80,000.00 $ 80,000.0027 90 - Day Maintenance Period LS 1 $ 2 2,375.00 $ 15 ,375.00 $ ,851.04 $ 15,851.04 $ 1,500.00 $ 1,500.00 28 Apply Stained Arrow per Caltrans Standard Plan A24A, Bike Lane Arrow, Three-part application EA 1 $ 500.00 $ 500.00 $ 2,078.77 $ 2,078.77 $ 4,000.00 $ 4,000.00 $ 419,766.34 $ 529,819.52 $ 661,157.90
$ 419,766.34 $ 529,819.52 $ 661,157.90
Miscalculations and Rounding Errors
Grand Total Base Bid
Sub-Total Base Bid:

Engineer's Estimate - Base Bid Urban Habitat Marina Landscape, Inc. 97 CLICK HERE to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE DESIGN AND

DEVELOPMENT DIRECTOR, PLANNING MANAGER, SENIOR AND ASSOCIATE

PLANNERS TO ATTEND AMERICAN PLANNING ASSOCIATION CALIFORNIA CHAPTER’S ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, OCTOBER 1-4, 2022

RECOMMENDATION
Authorize overnight travel for the Design and Development Director, Planning Manager, Senior and Associate Planners to attend the American Planning Association California Chapter’s Annual Conference in Anaheim, California, October 1-4, 2022.

EXECUTIVE SUMMARY
• The American Planning Association (APA) California Chapter is a network of practicing planners, citizens, and elected officials committed to urban, suburban, regional, and rural planning in the State of California. • The APA Conference attendees will participate in educational sessions, discussion forums and networking.

FISCAL IMPACT
Estimated expenses are $1,800 per attendee and includes conference registration, hotel, parking, travel, and meals for four days. Funds are included in the Design and Development 2022/2023 Travel and Training budget (101- 6001-60320 and 101-6002-60320).

BACKGROUND/ANALYSIS
The APA Conference provides networking and educational opportunities for planning professionals throughout California and the United States. The conference includes keynote speakers, concurrent tracks of programs/seminars, and practical “nuts and bolts” planning sessions dealing with various topics including recent trends and practices regarding land use policies, housing, community engagement, and environmental legislation.

Recognizing that much of this conference occurs over the weekend, the planning staff attending will stagger their time during normal working hours to insure proper coverage in the department.

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ALTERNATIVES
Council may elect not to authorize this request.

Prepared by: Cheri Flores, Planning Manager
Approved by: Danny Castro, Design and Development Director 100 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JULY 12, 2022 PLANNING COMMISSION MEETING

RECOMMENDATION
Excuse absence of Commissioner Mary Caldwell from the July 12, 2022 Planning Commission meeting.

EXECUTIVE SUMMARY
 On May 12, 2022, Commissioner Caldwell requested to be excused from the July 12, 2022 Planning Commission Meeting, as she would be out of the country.
 Commissioner Caldwell has no excused or unexcused absences for fiscal year 2022/23.

FISCAL IMPACT
No meeting attendance compensation is paid to absent members.

BACKGROUND/ANALYSIS
The Municipal Code states: “If any member of a board, commission or committee absents him/herself from two consecutive regular meetings, or absents him/herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after-the-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above-stated limitations on absences.”

ALTERNATIVES
Council may deny this request, which would result in the absence being counted toward the Commissioner’s limitation on absences as noted above.

Prepared by: Laurie McGinley, Acting Deputy City Clerk
Approved by: Monika Radeva, City Clerk
CONSENT CALENDAR ITEM NO. 13
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

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

MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY ONLY WHEN A

PUBLIC MEETING OF THE LEGISLATIVE BODY IS HELD VIRTUALLY PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)

RECOMMENDATION
Affirm Resolution No. 2021-035 findings related to the state of emergency due to COVID-19 authorizing the City Manager to implement teleconference accessibility only when a public meeting of the legislative body is held virtually pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165).

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

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
AB 361 was signed into law by the Governor on September 16, 2021, which went into effect immediately as urgency legislation (codified under Government Code § 54953) and waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. Specifically, the bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person.

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

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

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

As noted above, Council must reconsider the state of emergency due to COVID19 every 30 days and affirm the findings under Resolution No. 2021-035. If approved, AB 361 teleconference procedures and accessibility for conducting public meetings would still be authorized, but notices of City legislative body meetings and agendas will include teleconference instructions and ability to participate by teleconference only when such AB 361 procedures are applied.

Council has affirmed the findings under Resolution No. 2021-035 as follows:
 October 19, 2021
 November 16, 2021
 December 7, 2021
 December 21, 2021
 January 18, 2022
 February 15, 2022
 March 15, 2022
 April 5, 2022
 May 3, 2022
 May 17, 2022
 June 7, 2022
 June 21, 2022
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: 1. Council Resolution No. 2021-035
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RESOLUTION NO. 2021 - 035

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO

IMPLEMENT TELECONFERENCE ACCESSIBILITY

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

ATTACHMENT 1 105 CLICK HERE to Return to Agenda
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021

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

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

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

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

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

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

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

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

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

AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: APPROVE SHORT-FORM SERVICES AGREEMENTS WITH

ACORN TECHNOLOGIES, INC TO PROVIDE TRAFFIC INFRASTRUCTURE

INFORMATION TECHNOLOGY SUPPORT SERVICES AND PUBLIC SAFETY

CAMERA SYSTEM INFORMATION TECHNOLOGY SUPPORT SERVICES

RECOMMENDATION
Approve Short-Form Services Agreements with Acorn Technologies, Inc., to provide traffic infrastructure information technology support services, and public safety camera system information technology support services; and authorize the City Manager to execute the agreements.

EXECUTIVE SUMMARY
• The City has invested $3.25 million in City and Federal grant funds to install fiber optic traffic signal controller communications links and new traffic signal controllers; and has invested $1.37 million in a Public Safety Camera System.
• The traffic signal control system is managed via Centracs Traffic Management Software with three traffic servers and traffic infrastructure information technology (IT) support services are needed. • IT support services are also needed for the City’s Public Safety Camera System.
• Acorn Technologies, Inc. (Acorn) provides IT services for the City. • Per the purchasing policy, amounts paid in total to vendors or contractors over $50,000 must be approved by Council.

FISCAL IMPACT
Funding is available in the Information Technology services Software Implementation/Enhancements account (502-0000-71049) for the cost of both agreements, $7,200 for traffic IT support and $1,980 for public safety camera system IT support.

CONSENT CALENDAR ITEM NO. 15
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BACKGROUND/ANALYSIS
The City has invested $156,100 in fiber optic signal interconnects and new traffic signal controllers in conjunction with the City’s $3.1 million investment in signal coordination citywide pursuant to the Highway Safety Improvement Program (HSIP) grants the City received in 2016. The City is working with the Coachella Valley Association of Governments (CVAG) to ensure that the City’s system is coordinated with CVAG’s valley-wide traffic signal coordination initiative. Once the CVAG valley-wide system is complete, they will be responsible for the information technology support for the City’s system.

The City’s current traffic signal control system employs Centracs signal management software and has three servers (data base and communications). IT support services are needed to provide traffic infrastructure support and public safety camera system support, as needed.

Acorn currently provides IT Services for the City and is qualified to provide the necessary services for the traffic and camera system infrastructure. The current contract with Acorn exceeds $50,000 and per the purchasing policy, amounts paid in total to vendors or contractors over this threshold must be approved by Council.

ALTERNATIVES
Council may elect to deny, delay or modify these agreements, or direct staff to bid these services.

Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Traffic IT Agreement with Acorn Technologies, Inc.

2. Public Safety Camera IT Agreement with Acorn
Technologies, Inc.
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1 CITY OF LA QUINTA

SHORT-FORM SERVICES AGREEMENT
($25,000 OR LESS)

1. PARTIES AND DATE. This Agreement is made and entered into this 19th day of July, 2022, (“Effective Date”) by and between the City of La Quinta, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, CA (“City”) and Acorn Technology Services, with its principal place of business at 1960 Chicago Avenue Suite E9 Riverside, CA 92507 (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit “A.”

3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit “B.”

4. TERM. The term of this Agreement shall be from July 1, 2022 to June 30, 2023, unless earlier terminated as set forth in the attached Terms and Conditions.

5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit “C” but in no event shall Vendor’s compensation exceed Seven Thousand Two Hundred Dollars ($7,200) without written amendment.

6. FORCE MAJEURE. The time period specified 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 Vendor 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 Vendor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City 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 their judgment such delay is justified, and the City’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for performance of services, which are determined ATTACHMENT 1
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2 by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.

7. INSURANCE. In accordance with Section 4 of Exhibit “A,” Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers, officials, employees and agents.

Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate
Additional Insured Endorsement naming City of La Quinta (above) Primary and Non-Contributory Endorsement
Automobile Liability:
$1,000,000 combined single limit for bodily injury and property damage.

Workers’ Compensation:

Statutory Limits / Employer’s Liability $1,000,000 per accident or disease Workers’ Compensation Endorsement with Waiver of Subrogation Professional Liability (Errors and Omissions):

Errors and Omissions liability insurance with a limit of not less than $1,000,000
per claim
Cyber Liability:
$1,000,000 per occurrence/$2,000,000 aggregate
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3 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF LA QUINTA ACORN TECHNOLOGY SERVICES
a California Municipal Corporation,
and Charter City

JON MCMILLEN MICKEY MCGUIRE
City Manager Chief Executive Officer
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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A-1
EXHIBIT “A”

TERMS AND CONDITIONS

1. Compensation. Vendor shall be paid on a
time and materials or lump sum basis, as may
be set forth in Exhibit “C”, within 30 days of
completion of the Work and approval by the
City.

2. Compliance with Law. Vendor shall comply
with all applicable laws and regulations of the
federal, state and local government. Vendor
shall assist the City, as requested, in obtaining
and maintaining all permits required of Vendor
by Federal, State and local regulatory agencies.

Vendor is responsible for all costs of clean up
and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.

3. Standard of Care. The Vendor shall perform
the Work in accordance with generally accepted
professional practices and principles and in a
manner consistent with the level of care and
skill ordinarily exercised by members of the
profession practicing under similar conditions.

4. Insurance. The Vendor shall take out and
maintain, during the performance of all work
under this Agreement: A. Commercial General
Liability Insurance in the amounts specified in
Section 7 of the Agreement for bodily injury,
personal injury and property damage, at least
as broad as Insurance Services Office
Commercial General Liability coverage
(Occurrence Form CG 0001), and if no amount
is selected in Section 7 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B.

Automobile Liability Insurance for bodily injury
and property damage including coverage for
owned, non-owned and hired vehicles, of at
least $1,000,000 per accident for bodily injury
and property damage, at least as broad as
Insurance Services Office Form Number CA
0001 (ed. 6/92) covering automobile liability,
Code 1 (any auto); C. Workers’ Compensation
in compliance with applicable statutory
requirements and Employer's Liability Coverage
of at least $1,000,000 per accident or disease.

Vendor shall also submit to City a waiver of
subrogation endorsement in favor of city, and
D. Professional Liability (Errors and Omissions)
coverage, if checked in section 6 of the
Agreement, with a limit not less than
$1,000,000 per claim and which shall be
endorsed to include contractual liability.

Insurance carriers shall be authorized by the
Department of Insurance, State of California, to
do business in California and maintain an agent
for process within the state. Such insurance
carrier shall have not less than an "A"; "Class
VII" according to the latest Best Key Rating
unless otherwise approved by the City.

Contracting Party shall procure and maintain
Cyber Liability insurance with limits of $1,000,
000 per occurrence/ loss which shall include the
following coverage: a. Liability arising from the
theft, dissemination and/ or use of confidential
or personally identifiable information; including
credit monitoring and regulatory fines arising
from such theft, dissemination or use of the
confidential information. b. Network security
liability arising from the unauthorized use of,
access to, or tampering with computer systems.
c. Liability arising from the failure of technology
products software) required under the contract
for Consultant to properly perform the services
intended. d. Electronic Media Liability arising
from personal injury, plagiarism or
misappropriation of ideas, domain name
infringement or improper deep -linking or
framing, and infringement or violation of
intellectual property rights. e. Liability arising
from the failure to render professional services.

5. Indemnification. The Vendor shall indemnify
and hold harmless the City, its Council,
members of the Council, agents and employees
of the City, against any and all claims, liabilities,
expenses or damages, including responsible
attorneys’ fees, for injury or death of any
person, or damage to property, or interference
with use of property, or any claim of the Vendor
or subcontractor for wages or benefits which
arise in connection with the performance of this
Agreement, except to the extent caused or
resulting from the active negligence or willful
misconduct of the City, its Council, members of
the Council, agents and employees of the City.

The foregoing indemnity includes, but is not
limited to, the cost of prosecuting or defending
such action with legal counsel acceptable to the
City and the City’s attorneys’ fees incurred in
such an action.
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A-2

6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the
State of California. If any action is brought to
interpret or enforce any term of this Agreement,
the action shall be brought in a state or federal
court situated in the County of Riverside, State
of California.

7. Termination. The City may terminate the
services procured under this Agreement by
giving 10 calendar days written notice to
Vendor. In such event, the City shall be
immediately given title and possession to any
original field notes, drawings and specifications,
written reports and other documents produced
or developed for the services. The City shall pay
Vendor the reasonable value of services
completed prior to termination. The City shall
not be liable for any costs other than the
charges or portions thereof which are specified
herein. Vendor shall not be entitled to payment
for unperformed services, and shall not be
entitled to damages or compensation for
termination of work. Vendor may terminate its
obligation to provide services under this
Agreement upon 30 calendar days' written
notice to the City only in the event of City’s
failure to perform in accordance with the terms
of this Agreement through no fault of Vendor.

8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to
anyone other than the City and the Vendor. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render
the other provisions unenforceable, invalid or
illegal. Notice may be given or delivered by
depositing the same in any United States Post
Office, certified mail, return receipt requested,
postage prepaid, addressed to the parties to the
addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this
Agreement without the written consent of the
City, which may be withheld for any reason.

Vendor is retained as an independent contractor
and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing
this Agreement represent that they have the
authority to sign on behalf of the parties and
bind the parties to this Agreement. This is an
integrated Agreement representing the entire
understanding of the parties as to those matters
contained herein, and supersedes and cancels
any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be
modified or altered except in writing signed by
both parties hereto.
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C-1
EXHIBIT “B”

SCOPE AND SCHEDULE OF SERVICES
SCOPE OF WORK:

Monthly Traffic Infrastructure support for:
o 1 New Network (Traffic)
o 3 Servers
o 1 Router
o 1 QNAP to store backup
SCHEDULE:

Vendor shall complete services identified in the Scope as requested by City within the time allowed by the total amount of Compensation.
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C-1
EXHIBIT “C”

COMPENSATION FOR SERVICES
As provided in Section 5 of this Agreement, the maximum total Compensation to be paid to Vendor under this Agreement is Seven Thousand Two Hundred Dollars ($7,200) (“Compensation”) as detailed below. The Compensation shall be paid to Vendor for the work tasks performed and properly invoiced by Vendor.

Deliverables:
• Monthly maintenance fee for Traffic Infrastructure support (12 months) $600 per month for 12 months of support services
Total cost: $7,200
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1 CITY OF LA QUINTA

SHORT-FORM SERVICES AGREEMENT
($25,000 OR LESS)

1. PARTIES AND DATE. This Agreement is made and entered into this 19th day of July, 2022, (“Effective Date”) by and between the City of La Quinta, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, CA (“City”) and Acorn Technology Services, with its principal place of business at 1960 Chicago Avenue Suite E9 Riverside, CA 92507 (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit “A.”

3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit “B.”

4. TERM. The term of this Agreement shall be from July 1, 2022 to June 30, 2023, unless earlier terminated as set forth in the attached Terms and Conditions.

5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit “C” but in no event shall Vendor’s compensation exceed One Thousand Nine Hundred and Eighty Dollars ($1,980) without written amendment.

6. FORCE MAJEURE. The time period specified 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 Vendor 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 Vendor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City 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 their judgment such delay is justified, and the City’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for performance of services, which are determined ATTACHMENT 2
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2 by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.

7. INSURANCE. In accordance with Section 4 of Exhibit “A,” Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers, officials, employees and agents.

Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate
Additional Insured Endorsement naming City of La Quinta (above) Primary and Non-Contributory Endorsement
Automobile Liability:
$1,000,000 combined single limit for bodily injury and property damage.

Workers’ Compensation:

Statutory Limits / Employer’s Liability $1,000,000 per accident or disease Workers’ Compensation Endorsement with Waiver of Subrogation Professional Liability (Errors and Omissions):

Errors and Omissions liability insurance with a limit of not less than $1,000,000
per claim
Cyber Liability:
$1,000,000 per occurrence/$2,000,000 aggregate
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3 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF LA QUINTA ACORN TECHNOLOGY SERVICES
a California Municipal Corporation,
and Charter City

JON MCMILLEN MICKEY MCGUIRE
City Manager Chief Executive Officer
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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A-1
EXHIBIT “A”

TERMS AND CONDITIONS

1. Compensation. Vendor shall be paid on a
time and materials or lump sum basis, as may
be set forth in Exhibit “C”, within 30 days of
completion of the Work and approval by the
City.

2. Compliance with Law. Vendor shall comply
with all applicable laws and regulations of the
federal, state and local government. Vendor
shall assist the City, as requested, in obtaining
and maintaining all permits required of Vendor
by Federal, State and local regulatory agencies.

Vendor is responsible for all costs of clean up
and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.

3. Standard of Care. The Vendor shall perform
the Work in accordance with generally accepted
professional practices and principles and in a
manner consistent with the level of care and
skill ordinarily exercised by members of the
profession practicing under similar conditions.

4. Insurance. The Vendor shall take out and
maintain, during the performance of all work
under this Agreement: A. Commercial General
Liability Insurance in the amounts specified in
Section 7 of the Agreement for bodily injury,
personal injury and property damage, at least
as broad as Insurance Services Office
Commercial General Liability coverage
(Occurrence Form CG 0001), and if no amount
is selected in Section 7 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B.

Automobile Liability Insurance for bodily injury
and property damage including coverage for
owned, non-owned and hired vehicles, of at
least $1,000,000 per accident for bodily injury
and property damage, at least as broad as
Insurance Services Office Form Number CA
0001 (ed. 6/92) covering automobile liability,
Code 1 (any auto); C. Workers’ Compensation
in compliance with applicable statutory
requirements and Employer's Liability Coverage
of at least $1,000,000 per accident or disease.

Vendor shall also submit to City a waiver of
subrogation endorsement in favor of city, and
D. Professional Liability (Errors and Omissions)
coverage, if checked in section 6 of the
Agreement, with a limit not less than
$1,000,000 per claim and which shall be
endorsed to include contractual liability.

Insurance carriers shall be authorized by the
Department of Insurance, State of California, to
do business in California and maintain an agent
for process within the state. Such insurance
carrier shall have not less than an "A"; "Class
VII" according to the latest Best Key Rating
unless otherwise approved by the City.

Contracting Party shall procure and maintain
Cyber Liability insurance with limits of $1,000,
000 per occurrence/ loss which shall include the
following coverage: a. Liability arising from the
theft, dissemination and/ or use of confidential
or personally identifiable information; including
credit monitoring and regulatory fines arising
from such theft, dissemination or use of the
confidential information. b. Network security
liability arising from the unauthorized use of,
access to, or tampering with computer systems.
c. Liability arising from the failure of technology
products software) required under the contract
for Consultant to properly perform the services
intended. d. Electronic Media Liability arising
from personal injury, plagiarism or
misappropriation of ideas, domain name
infringement or improper deep -linking or
framing, and infringement or violation of
intellectual property rights. e. Liability arising
from the failure to render professional services.

5. Indemnification. The Vendor shall indemnify
and hold harmless the City, its Council,
members of the Council, agents and employees
of the City, against any and all claims, liabilities,
expenses or damages, including responsible
attorneys’ fees, for injury or death of any
person, or damage to property, or interference
with use of property, or any claim of the Vendor
or subcontractor for wages or benefits which
arise in connection with the performance of this
Agreement, except to the extent caused or
resulting from the active negligence or willful
misconduct of the City, its Council, members of
the Council, agents and employees of the City.

The foregoing indemnity includes, but is not
limited to, the cost of prosecuting or defending
such action with legal counsel acceptable to the
City and the City’s attorneys’ fees incurred in
such an action.
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A-2

6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the
State of California. If any action is brought to
interpret or enforce any term of this Agreement,
the action shall be brought in a state or federal
court situated in the County of Riverside, State
of California.

7. Termination. The City may terminate the
services procured under this Agreement by
giving 10 calendar days written notice to
Vendor. In such event, the City shall be
immediately given title and possession to any
original field notes, drawings and specifications,
written reports and other documents produced
or developed for the services. The City shall pay
Vendor the reasonable value of services
completed prior to termination. The City shall
not be liable for any costs other than the
charges or portions thereof which are specified
herein. Vendor shall not be entitled to payment
for unperformed services, and shall not be
entitled to damages or compensation for
termination of work. Vendor may terminate its
obligation to provide services under this
Agreement upon 30 calendar days' written
notice to the City only in the event of City’s
failure to perform in accordance with the terms
of this Agreement through no fault of Vendor.

8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to
anyone other than the City and the Vendor. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render
the other provisions unenforceable, invalid or
illegal. Notice may be given or delivered by
depositing the same in any United States Post
Office, certified mail, return receipt requested,
postage prepaid, addressed to the parties to the
addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this
Agreement without the written consent of the
City, which may be withheld for any reason.

Vendor is retained as an independent contractor
and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing
this Agreement represent that they have the
authority to sign on behalf of the parties and
bind the parties to this Agreement. This is an
integrated Agreement representing the entire
understanding of the parties as to those matters
contained herein, and supersedes and cancels
any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be
modified or altered except in writing signed by
both parties hereto.
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EXHIBIT “B”

SCOPE AND SCHEDULE OF SERVICES
SCOPE OF WORK:

Monthly Public Safety Camera System support for:
• (1) Directory Server
• (1) Cisco Switch in the Server Rack
SCHEDULE:

Vendor shall complete services identified in the Scope as requested by City within the time allowed by the total amount of Compensation.
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C-1
EXHIBIT “C”

COMPENSATION FOR SERVICES
As provided in Section 5 of this Agreement, the maximum total Compensation to be paid to Vendor under this Agreement is One Thousand Nine Hundred and Eighty Dollars ($1,980) (“Compensation”) as detailed below. The Compensation shall be paid to Vendor for the work tasks performed and properly invoiced by Vendor.

Deliverables:
• Monthly maintenance fee for Traffic Infrastructure support (12 months) $165 per month for 12 months of support services
Total cost: $1,980
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR
CONTRACT SERVICES WITH GOVINVEST INC. TO ADD MODULES FOR LABOR

COSTING AND FINANCIAL FORECASTING

RECOMMENDATION
Approve Amendment No. 1 to Agreement for Contracting Services with GovInvest Inc. to add modules for labor costing and financial forecasting, in the amount of $17,000; and authorize the City Manager to execute the Amendment.

EXECUTIVE SUMMARY
 The City currently utilizes GovInvest Inc. for actuarial consulting and technology services that includes required annual pension and healthcare actuarial services in order to comply with Governmental Accounting Standards Board (GASB) Statements 68 and 75, which establish standards for the measurement, display, and recognition of Pension and Other Post-Employment Benefits (OPEB) expenses and liabilities.
 In November 2020, Council awarded the actuarial consulting and technology services contract to GovInvest Inc, which expires December 31, 2025.
 Amendment No. 1 (Amendment 1), included as Attachment 1, proposes the addition of modules for labor costing and financial forecasting.

FISCAL IMPACT
The annual cost for the additional modules will be $17,000 for the initial term through December 31, 2025. Funds for these additional modules are available in the Finance Department account 101-1006-60104, Consultants; implementation fees are waived with upfront payment of the contract amount.

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BACKGROUND/ANALYSIS
In November 2020, City Council awarded the actuarial consulting and technology services contract to GovInvest Inc, for a total not to exceed amount of $106,000, for an initial term of five years, expiring December 31, 2025, with an option to extend for two additional years.

Amendment 1 proposes to add modules for labor costing and financial forecasting by an additional amount of $17,000, increasing the contract for a total not to exceed amount of $123,000, for the initial term through December 31, 2025; this pricing includes six months of complimentary service from July – December 2022.

The addition of these modules will assist the City by elevating the process of planning, forecasting and budgeting by eliminating manual spreadsheets, automating the forecasting and scenario planning process, increasing transparency and trust across departments with visual graphs, and projecting labor costs with instant analysis and measuring changes in workforce.

ALTERNATIVES
Staff does not recommend other alternatives.

Prepared by: Claudia Martinez, Finance Director
Approved by: Jon McMillen, City Manager
Attachment: 1. Amendment No. 1 to Agreement for Contract Services 128 CLICK HERE to Return to Agenda
AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT
WITH GOVINVEST INC.

This Amendment No. 1 (“Amendment No. 1”) to Professional Services Agreement ("Agreement”) is made and entered into as of the 29th day of June 2022, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and GovInvest Inc. (“Consultant”).

RECITALS
WHEREAS, on or about December 1, 2020, the City and GovInvest Inc. entered into an Agreement to provide services related to actuarial consulting and technology services, for a total not to exceed amount of $106,000. The term of the Agreement expires on December 31st, 2025 (“Initial Term”); and WHEREAS, City and Contracting Party have mutually agreed to amend Section 1.1 - Scope of Services to include the addition of the labor costing module and financial forecasting module; and
WHEREAS, City and Contracting Party mutually agree to amend Section

2.1 - Contract Sum by an additional amount of $17,000 to include compensation for the labor costing module and financial forecasting module, for a total not to exceed amount of $123,000.

NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

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

1. Section 2.1 is amended to read as follows:

Section 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total not to exceed amount of One Hundred Six Thousand Dollars ($106,000), and in an additional amount not to exceed Seventeen Thousand Dollars ($17,000) during the Initial Term (contingent upon approval from the La Quinta City Council), for a contingent total not to exceed combined amount of One Hundred Twenty-Three Thousand Dollars ($123,000) (the “Contract Sum”), except as provided in Section 1.6.

ATTACHMENT 1
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Exhibit A
Scope of Services
Annual Fee Includes:
• Unlimited Logins: Credentials to access induvial cloud-based portals. • Portal Setup: Development of dedicated cloud-based portals. • Features & Reports: All features and reporting functions available within the cloud-based portal. • Setup, Support & Training: Dedicated support staff to assist in initial setup and unlimited ongoing training of the product and features. Refer to Implementation Steps below under User Training • Support Resources: Access to labor costing experts, training tools, webinars and conferences hosted by Company.
• Expert Sessions: Scheduled training hosted by in-house finance, negotiations & budget experts, as well as peer government users with extensive experience using the product. • Internal Presentation Support: In-house finance, negotiations and budget experts to support in developing and reviewing presentations based on product usage. • Dedicated Customer Success Manager: Specialist assigned to Client to facilitate communication with all available resources.

Implementation Steps
• Introductory 1-on-1 meeting between Customer’s project sponsor and GovInvest onboarding lead • Optional kick-off meeting with GovInvest onboarding lead and all customer stakeholders and others that will be involved in the onboarding process • User training: Digital one-on-one or group sessions focused on setting up projects and using software to support Customer’s objectives.
• Project configuration: support the customer in building a cost project for their first bargaining group • Census building: Support the customer building their census file through development of costing elements built into software and within the validation process.
• Validation: assist the customer in validating their results • Support: answer customer questions as they come up about modelling or validation Onboarding and implementation of the services included in this agreement, including data integration, data validation, training, and launch shall be completed by Customer with GovInvest onboarding team support. Implementation moves at pace of customer and their ability to compile appropriate data, understand MOU’s and GovInvest will support in software build out and representation of data.
•
Implementation Fee Includes
•
Annual Fee Includes
•
Initial Logins
•
Additional Logins
•
Initial Portal Setup
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Ongoing Maintenance
•
Current Features & Reports
•
Future Features & Reports
•
Initial Setup & Training
•
Future Support & Training
•
Current Support Resources
•
Future Support Services
•
Expert Training Session
•
Annual Expert Sessions
•
Internal Presentation Review (By Appointment)
•
Ongoing Presentation Support (By Appointment)
•
Dedicated Customer Success Manager
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Dedicated Customer Success Manager
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Cloud Based
•
Downloads
•
Total Cost (Annual)
•
Employee Results
•
Total Cost (Cumulative)
•
Employees by Funding Source
•
Payroll (Annual)
•
Cost by Funding Source
•
Difference from the Baseline (Annual)
•
Accounts by Cost
•
Difference from Baseline (Cumulative)
•
Accounts by Cost Accounting ID
•
Cost Breakdown (Cumulative)
•
Accounts by Employee Accounting ID
Cost Detail (Annual)
•
Accounts by Funding Source
Cost Category Breakdown (Cumulative)
•
Employees by Account
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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is One Hundred Six Thousand Dollars ($106,000), and an additional amount not to exceed Seventeen Thousand Dollars ($17,000) during the Initial Term (contingent upon approval from the La Quinta City Council), for a contingent total not to exceed combined amount of One Hundred Twenty-Three Thousand Dollars ($123,000) for the Initial Term.
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City of La Quinta
CITY COUNCIL MEETING: July 19, 2022

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH LH

PRODUCTIONS FOR AUDIO/VISUAL SERVICES

RECOMMENDATION
Approve Agreement for Contract Services with LH Productions for audio/ visual services for an amount not to exceed $80,000 per fiscal year, and an initial term of three year term; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• Since 2017, the City has utilized LH Productions (LH) services for several community events including the 9/11 Vigil, Veterans Recognition Ceremony, Tree Lighting Ceremony, and Concerts in the Park. • Under the proposed Agreement for Contract Services (Attachment 1), LH would provide audio/visual services for a three-year term expiring June 30, 2025 with an option to extend for an additional two years.

FISCAL IMPACT
The proposed cost for audio/visual services is $80,000 per fiscal year for a total amount not to exceed $240,000 for the three-year term of the contract. Funds are available in the City’s Special Events Account (101-3003-60149).

BACKGROUND/ANALYSIS
Since 2017, LH has provided audio/visual services for the 9/11 Vigil, Veterans Recognition Ceremony, Tree Lighting Ceremony, City Picnic, and Tacos and Tequila Fiesta.

Upon completion of Silverrock Park in 2021, the Concerts in the Park series was added to LH contract and expanded services to include booking musical talent, securing food vendors, and supplying parking attendants.

As the City’s event audio/visual service provider for the past five years, LH is extremely familiar with the City’s unique needs and requirements concerning microphones, video monitors, lighting, stage setup and preparation, CONSENT CALENDAR ITEM NO. 17
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livestreaming, event locations, and event goals the City is seeking to achieve.

Furthermore, the services LH has provided since 2017 have contributed to enhancements and improvements to the City’s event lineup.

Council approval of this agreement would ensure continued execution of highquality audio/visual services at the City’s signature events for the next three years.

ALTERNATIVES
Council may elect not to approve the agreement and direct staff to explore other options for audio/visual service providers.

Prepared by: Michael Calderon, Community Resources Analyst Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Agreement for Contract Services with LH Productions 134 CLICK HERE to Return to Agenda

AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and LH PRODUCTIONS a California Limited Liability Corp (“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 art maintenance, repair, and preventative care, 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 136 CLICK HERE to Return to Agenda
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the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

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

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Eighty Thousand Dollars ($80,000) per fiscal year, encompassing the initial and any extended terms (the “Contract Sum”), which is comprised of $213,733.68 estimated costs for the Initial Term as noted in “Exhibit C” (the “Schedule of Performance”), as well as compensation for unanticipated additional audio/visual services if requested by the City, possible annual consumer price index increases, and any Extended Term except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include 137 CLICK HERE to Return to Agenda
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reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

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. The Contract Sum shall be paid to Contracting Party in installment payments made in accordance with the amount identified in Contracting Party’s Schedule of Compensation (Exhibit B) for work performed and properly invoiced by Contracting Party. 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) Lafayette Hight, President
Tel No.: (909) 772-0368
E-mail: [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 Chris Escobedo 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, 140 CLICK HERE to Return to Agenda
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discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service.

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

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

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

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

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and 141 CLICK HERE to Return to Agenda
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that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.

5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.

6. INDEMNIFICATION.

6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.

7. RECORDS AND REPORTS.

7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated 142 CLICK HERE to Return to Agenda
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increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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

7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and 143 CLICK HERE to Return to Agenda
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Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment.

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

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

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

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

7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft 144 CLICK HERE to Return to Agenda
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documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

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

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

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

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

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

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting 146 CLICK HERE to Return to Agenda
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Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.

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

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

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

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

Contracting Party agrees to at all times avoid conflicts of interest or the 147 CLICK HERE to Return to Agenda
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appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS.

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

To City:

CITY OF LA QUINTA
Attention: Chris Escobedo
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

LH Productions
Lafayette Hight
1453 Virginia Ave
Baldwin Park, CA, 91706

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. 148 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:

LH PRODUCTIONS,
a California LLC.
__________________________
LAFAYETTE HIGHT, President
LH Productions, LLC.

Dated:_____________________
ATTEST:

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

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
151 CLICK HERE to Return to Agenda
Exhibit A

Exhibit A
Scope of Services
Services to be Provided:

Contracting Party shall provide audio and video services for the City events outlined in the Project Schedule (Attachment 1) for the Initial Term of the Agreement.

If the Agreement is extended in accordance with Section 3.4 Term of the Agreement, City and Contracting Party shall execute a written amendment that will identify the services to be provided by Contracting Party for the Extended Term.
152 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 TWENTY153 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 154 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, 155 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.
156 CLICK HERE to Return to Agenda
Exhibit E

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 in a total amount not to exceed Eighty Thousand Dollars ($80,000) per fiscal year, encompassing the initial and any extended terms (the “Contract Sum”), which is comprised of $213,733.68 estimated costs for the Initial Term as noted in “Exhibit C” (the “Schedule of Performance”), as well as compensation for unanticipated additional audio/visual services if requested by the City, possible annual consumer price index increases, and any Extended Term except as provided in Section 1.7. The Contract Sum shall be paid for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement as per the payment schedule listed below.

Annual compensation per fiscal year: $80,000.00
Event compensation per fiscal year:

September: 9/11 Memorial - $2,276.68
November: Veterans Recognition Ceremony - $3,880.75
December: Tree Lighting Ceremony - $7,986.68
April: City Picnic - $2,211.43
Year Round Dates TBD: Concerts in the Park Series: $54,819.00 (7 per year) Waiver of Sub: $105
Additional Events/Services if Requested by the City: up to $8,755.44 157 CLICK HERE to Return to Agenda
Exhibit E

Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule (Attachment 1), attached hereto and incorporated herein by this reference. 158 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)
Auto Liability Additional Insured
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 Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
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 159 CLICK HERE to Return to Agenda
Exhibit E

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 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.

Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
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Exhibit E

c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.

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 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 161 CLICK HERE to Return to Agenda
Exhibit E