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 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 permanent 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 139 CLICK HERE to Return to Agenda
Exhibit A
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, 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.
140 CLICK HERE to Return to Agenda
Exhibit B
Exhibit B
Schedule of Compensation
Pursuant to this Agreement, Contracting Party shall receive services in lieu of monetary compensation, as detailed in the Scope of Services Exhibit A, valued in the total amount not to exceed Eight Hundred Thousand ($800,000.00) (the “Contract Sum”) during the Agreement Term (Section 3.4).
141 CLICK HERE to Return to Agenda
Exhibit C
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement.
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Exhibit D
Exhibit D
Special Requirements
None.
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Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable 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 144 CLICK HERE to Return to Agenda
Exhibit E
performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 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 145 CLICK HERE to Return to Agenda
Exhibit E
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.
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.
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Exhibit E
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. 147 CLICK HERE to Return to Agenda
Exhibit E
Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any selfinsured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
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Exhibit E
11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of noncompliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
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Exhibit E
18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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Exhibit F
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 151 CLICK HERE to Return to Agenda
Exhibit F
provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions 152 CLICK HERE to Return to Agenda
Exhibit F
identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement.
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City of La Quinta
CITY COUNCIL MEETING: November 1, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO AUTHORIZE THE CITY MANAGER
TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC
DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2023/24
RECOMMENDATION
Adopt a resolution to authorize the City Manager to submit applications to the Riverside County Economic Development Agency for Community Development Block Grant funds; execute the Supplemental Agreements for Fiscal Year 2023/24; and allocate $23,400 to the Boys and Girls Club of the Coachella Valley Fee Waiver/Reduction Program, $132,600 to the City of La Quinta Americans with Disabilities Act Improvements Project.
EXECUTIVE SUMMARY
• The Community Development Block Grant (CDBG) funds programs to revitalize neighborhoods, promote economic development, and improve community facilities and services.
• The City is eligible to receive approximately $156,000 in CDBG funds in 2023/24; 15% can be used for public service projects and 85% for public improvements or housing services.
• City-approved grant applications must be submitted to the Riverside County Economic Development Agency (County EDA) no later than November 18, 2022. The exact amount of CDBG funding will be confirmed in the second quarter of 2023.
FISCAL IMPACT
Upon approval by the Department of Housing and Urban Development (HUD) and the County EDA, the City will receive an estimated $156,000 in CDBG funds. The final fiscal year (FY) 2023/24 funding allocation will be based upon actual funds received. Revenues and expenses will be incorporated in FY PUBLIC HEARING ITEM NO. 1
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2023/24 budget and tracked in a special revenue fund Account No. 210-0000- 43105 CDBG (Federal Assistance Fund 210).
BACKGROUND/ANALYSIS
The City is a cooperating city of the County’s CDBG program and has participated since 1983. HUD oversees the County’s program and the County distributes annual funding to cooperating cities. The CDBG program requires that each project/activity the funds are used for meets one of the three national objectives: 1) benefit low and moderate-income individuals; 2) aid in the prevention or elimination of slums or blight; or 3) meet a need having a particular urgency.
Public Services
CDBG funding can be used for public services, such as childcare, recreation and education programs; however, only 15% of the awarded annual allocation may be designated for public services, or a maximum of $23,400 for FY 2023/24 based on the total amount of $156,000 anticipated to be distributed to the City. The County EDA has a minimum funding requirement of $10,000 for this category. The Boys and Girls Club requested $23,400 for FY 2023/24.
Public Improvements
CDBG funding can be used for public improvements, which include construction, reconstruction, rehabilitation, and accessibility improvements.
Public improvement funds can be used for facilities and improvements that are publicly owned or owned by a non-profit agency open to the public. These funds must be used for improvements that benefit low- and moderate-income individuals or neighborhoods. Based on the County’s guidelines for allocation of funds, 85% of the awarded annual allocation may be designated for public/capital improvements, or a maximum of $132,600 for FY 2023/24 based on the total amount anticipated to be distributed to the City.
CDBG Applications
The City received four applications for CDBG funding (Attachment 1) – The Boys and Girls Club of the Coachella Valley, Desert Ability Center, and Neuro Vitality Center and Foundation submitted a public service application; and the City’s Engineering Services Division submitted a public improvement-funding request.
Staff recommends awarding the anticipated public service funds of $23,400 to the Boys and Girls Club; and $132,600 to the City’s Engineering Services division. The Boys and Girls Club funding will benefit 23 children who attend; 156 CLICK HERE to Return to Agenda
the public improvement request will fund American with Disabilities Act (ADA) improvements at City facilities that benefit individuals with disabilities and those who have low and moderate income.
Agency and Public Review
A request for applications and notice of funding availability was posted to the City’s website on August 24, 2022. A public notice was published in The Desert Sun on October 14, 2022, announcing the availability of funds and the public hearing date.
ALTERNATIVES
Council may allocate funds to an alternate single applicant in each category, or an alternate combination of applicants and funding amounts in each category. Council could elect to not approve the recommended community development needs/CDBG funding priorities or modify the proposed needs/funding priorities list.
Prepared by: Carley Escarrega, Management Assistant
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Fiscal Year 2023/24 CDBG Summary of Applications 157 CLICK HERE to Return to Agenda
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RESOLUTION NO. 2022 - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADOPTING
PROPOSALS, AUTHORIZING THE CITY MANAGER
TO SUBMIT APPLICATIONS FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, AND
AUTHORIZATION FOR THE CITY MANAGER TO
EXECUTE SUPPLEMENTAL AGREEMENT FOR
FISCAL YEAR 2023/2024
WHEREAS, The City of La Quinta (City) is a participating jurisdiction in the Riverside County Economic Development Agency Community Development Block Grant Program, and
WHEREAS, the City and County of Riverside (County) cooperatively administer the Community Development Block Grant (CDBG) program under the provision of the Cooperative Agreement executed between the City and County, and under applicable U.S. Department of Housing and Urban Development rules; and
WHEREAS, the Public Works Department published a public hearing notice in The Desert Sun newspaper on October 14, 2022, announcing the public hearing date, availability of funds, and requesting proposals; and WHEREAS, pursuant to said agreement, the City Council held a public hearing on November 1, 2022, to consider public comments on community needs and the use of such funds; and
WHEREAS, the CDBG Funds for Fiscal Year 2023/2024 is estimated to be approximately $156,000 to begin July 1, 2023; and
WHEREAS, the City must submit project applications to the Riverside County Economic Development Agency; and
WHEREAS, merits of all proposals were openly discussed and considered; and
WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected:
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Resolution No. 2022 – XXX
CDBG Funds and Priorities for Fiscal Year 2023/2024
Adopted: November 1, 2022
PROJECT NAME SPONSOR AMOUNT
Miscellaneous ADA Improvements City of La Quinta $132,600 Fee Waiver/Reduction Program Coachella Valley Boys and
Girls Club La Quinta Unit
$ 23,400
TOTAL: $156,000
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:
SECTION 1. That the City of La Quinta hereby selects the above-named projects, for use of Community Development Block Grant funds.
SECTION 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the Riverside County Economic Development Agency in a timely manner proposing the named use of funds.
SECTION 3. That the City Council hereby authorizes the City Manager to approve and execute the 2023/24 Supplemental Agreement between the Riverside County Economic Development Agency and the City.
SECTION 4. That the City Council hereby authorizes the City Manager to execute any and all necessary documents and other agreements to consummate all activities in this resolution.
SECTION 5. If there is shortfall in funding, the City Council directs the City Manager to request the County of Riverside to increase the City’s public service cap in order to fully fund public service approved applications.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Resolution No. 2022 – XXX
CDBG Funds and Priorities for Fiscal Year 2023/2024
Adopted: November 1, 2022
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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CITY OF LA QUINTA
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
2023/2024 SUMMARY OF APPLICATIONS RECEIVED
Public Service Applications
THE BOYS AND GIRLS CLUBS OF THE COACHELLA VALLEY - LA QUINTA UNIT:
• The Boys and Girls Club of the Coachella Valley was founded in 1966. • After school program has been provided in the City of La Quinta since 1994. • The fee waiver/reduction program has been funded by the City of La Quinta with CDBG funds for the past 20 years.
Funds Requested/Service Provided:
▪ Requesting $23,400 for fee waiver/reduction program to provide scholarships benefiting extremely low-, very low-, low-, and moderate-income children. ▪ $23,400 will enable 23 qualifying children to take advantage of the Club’s services and programs.
DESERT ABILITY CENTER:
• The Desert Ability Center was founded in 2016.
• Serves Coachella Valley children, youth, adults and veterans with physical disabilities.
Funds Requested/Service Provided:
▪ Requesting $15,000 for support of the development of a sled hockey program in partnership with the Acrisure Arena.
▪ This is a new program with the opening of the new Arena and will be launched in October 2023.
▪ CDBG funds will allow them to have all necessary equipment NEURO VITALITY CENTER AND FOUNDATION:
• The Neuro Vitality Center and Foundation was founded in 1979. • New program, Desert Memory Club, would service up to 24 clients throughout the Coachella Valley with memory issues from Dementia and Alzheimer’s Disease.
Funds Requested/Service Provided:
▪ Requesting $80,885.87 for support in expanding their capacity for care of clients in the Desert Memory Club program.
▪ This is a new program that will be launched in November 2022. ▪ CDBG funds will allow them to construct restroom facilities, which could double their capacity.
ATTACHMENT 1
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Public Improvement Applications
CITY OF LA QUINTA:
Project Summary:
• The City of La Quinta Public Works Department submitted an application requesting $132,600 of CDBG funding for Americans with Disabilities Act (ADA) improvements at various City owned public parks and public facilities. • Project will correct ADA deficiencies at various City owned public parks and facilities throughout the City of La Quinta.
• The ADA improvements at various City owned facilities throughout the City will promote easier accessibility for individuals with disabilities. • The improvements are based upon an ADA Transition Plan Report previously completed by the City.
• Funding will allow for design, construction, inspection, and testing costs associated with ADA improvements.
164 CLICK HERE to Return to Agenda
DEPARTMENTAL REPORT ITEM NO. 4
COMMUNITY RESOURCES
PERIODIC REPORT
In response to local declaration and other State and County orders, the department shifted roles to provide COVID-19 related Public Safety and Social Service needs.
Code Compliance / Animal Control
July 1 – September 30, 2022
722
635
743
599 568 519
750
684
604
542
609
790 809
653 630
439 391
496
Jan Feb Mar Apr May Jun Jul Aug Sep
Site Inspections*
2021 2022
*Site inspections are required to confirm violations and regular code complaints (e.g., trash containers, landscaping, property maintenance issues, etc.). 20 18
8 5
4 Administrative
Citations
Property Maintenance
STVRs
Vehicle Issues
Building Code
Animal Control
Hearing Types • 18 Administrative Hearings
• 1 Suspension Appeal Hearing
• 1 Administrative Appeal Superior Court
Quarter Highlights:
Three specific STVR cases resulted in the collection of $115,805.00 this quarter. The monies collected were
for fines, underreported TOT, and cost recovery. All
three properties are now in compliance.
Two properties owned by the same person were
reported by an observant neighbor. One house was
being advertised as located in a neighboring City to
avoid the requirement to have an active STVR permit
for short term bookings on the platform. This is
something STVR vendors do not identify. The third
property had been operating and advertising with a
fraudulent STVR permit number so they could
complete bookings on the platform. 165 CLICK HERE to Return to Agenda False Alarms
• $137,876 in fees collected to
date
• City Staff outreach to
businesses with multiple false
alarms.
• Businesses with excessive
false alarms this quarter: 10
Prior quarter: 7
149
141
123
161
183
147
137
102 107
July August September
2020 2021 2022
Animal Control Update
59 26
20 10
8 4
2 0
Impounds
Stray Stray-Dead
Foster Return Owner Surrendered
Adoption Return Stray-Known Wait
Dispo Requested Confiscated
48 19
13 7
7 6
2 Outcomes
Adoption
Transfer Adoption Partner
Euthanized Untreatable
In Foster Home
Return to Owner
RCDAS Community Cat Program
Euthanized Treatable
Riverside County Animal Services
Department of Animal Services continues to operate on appointment-only system. In the event of a pet emergency, animal control question, or if you are interested in adopting, fostering or rescuing, please call 951-358-7387. Potential adopters, fosters, or resources can also send an email to [email protected] or visit their website at:
https://www.rcdas.org/.
A false alarm means the activation of a security alarm system necessitating response by peace officers when an emergency does not exist. A service fee is due to the city after an excessive number of false alarms (defined as three or more false alarms) within a one (1)- year period have been received from a particular business, residence or property. 166
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Social Services & Community Programs
July 1 – September 30, 2022
FIND Food Distribution & Wellness Center
• Distributed 34,106 pounds of food (food packages/boxes of dry goods and produce) to 1,040 persons at Coral Mountain, Hadley Villas, Vista Dunes, Washington Street Apartments, and Wolff Waters; FIND provided mobile pantries for food distribution five times per month at La Quinta High School and La Quinta Community Fitness Center & Park.
• Desert Recreation District (DRD) served 2,152 participants (1,779 for open swim and swim lessons; 373 classes) at Fritz Burns Pool programs including Aqua Fit, Water Aerobics, Senior Splash, and the Mermaid Splash Party event.
• Wellness Center provided fitness & recreation programs to 6,446 participants/fitness members (6,076 fitness gym participants; 370 program participants for Yoga, Tai Chi, Ballroom Dance, Social Bridge, Mah Jongg, Ukulele, and Quilting for Good Times). Social service offerings such as the Riverside County Cool Center and Curative COVID-19 testing were available to the public.
• Youth sports programs had 13,200 total participants (players, spectators, coaches) for AYSO (soccer - 7,800), Friday Night Lights (flag football – 3,025), and La Quinta Youth Sports Association (baseball – 2,375). Practices and league games are held at La Quinta Park, Colonel Mitchell Paige Middle School, and the La Quinta Sports Complex. • Open Court Time basketball and volleyball programs, a City of La Quinta’s partnership with Desert Recreation District, had a total of 476 participants at the La Quinta Boys & Girls Club Gym.
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Library/Creation Station Makerspace
July 1 – September 30, 2022
• Attendance: 16,100+ persons visited and participated in various programs. • Events: Summer Reading Program “Take-n-Make Postcards from Camp”, Tween/Teen Comic Celebration, and Library Card Sign-Up Month. • Programs: Baby/Toddler/Preschool Storytimes; Tween Doggy Tales (partnership with Animal Samaritans/Animal Companion Therapy Program); Sensory Hour; SOS: Something on Saturday Family Programming; Super Sleuths; Impulse Affirmation; Teen Game Night; Graphic Novel Club; Read the World; Readers Club; and Page Turners Book Club.
• Attendance: 1,200+ people participated in various programs/services. • Memberships: 14 new memberships; 41 active memberships. • Programs: MakerCraft, Friction Kitchen, Paint with Michele, MakerSpace Camps, Summer Reading Program Crafts, and partnerships/collaborations with Coachella Library, La Quinta Library, and La Quinta Museum. 168
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Museum
July 1 – September 30, 2022
• Attendance: 1,100+ visitors/participants.
• Exhibits: The Ranges Between: Lincoln’s Scout, Making a City, and Yosemite People.
• Events: ABI Bird Show, Magic at the Museum, and Senior Group Tour. • Programs: Good Reads in the Gallery and La Sobremesa Book Clubs, STITCH Fiber Arts Club, TED Talk Discussion, Take a Break with Huell, Genealogy Club and Sketchbook Journaling.
169
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Cpl. Hunter Lopez Vigil @ Civic Center Campus
• A vigil was held on Friday, August 26 to honor and pay tribute to Cpl. Hunter Lopez.
• Various colors of light sabers were used to symbolize candlelight. • Special music selections provided by Sgt. Bryan Whitley, Riverside County Sheriff’s Department; Natasha Terrell, La Quinta High School student, sang the National Anthem.
• Participation from City of La Quinta and City of Indio, Riverside County Sheriff’s Department, La Quinta High School ROTC, Desert Sands Educational Foundation, Hunter Lopez Memorial Scholarship Fund, and Chief Deputy Herman Lopez & Deputy Alicia Lopez family, friends, and colleagues.
Community Events
170
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Community Events
9/11 Candlelight Vigil
• The September 11th Candlelight Vigil was held at Civic Center Campus; approximately 100+ persons in attendance.
• City Council and representatives from Riverside County Fire and Sheriff’s departments provided honoring remarks and moments of reflection. • Honored the 13 military services members who perished in the Kabul Airport attack in Afghanistan on August 26, 2021.
• Musical performances provided by La Quinta High School Blackhawk Brigade and Doug Hassett.
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Concert in the Park @ SilverRock Park
• Sean Oliu & The Coastline Cowboys performed on Saturday, September 24. • Approximately 400+ persons in attendance.
• City staff provided information and giveaways and food trucks were available to participants.
Community Events
172
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Pillars of the Community, Distinguished Artists &
Distinguished Athletes Recognition Ceremony 2022
• A recognition ceremony was held on Thursday, September 22 for three notable award categories.
• Karen Devine and Victory Grund, SIA recipient for 2022, were recognized as a Pillars of the Community.
• Jason & Nicole McQuaid were recognized as Distinguished Artists for their artistry in handblown glass making.
• Brandun Lee, pro boxer, and Emmi Von Scheer, La Quinta High School graduate and Cross Country, Water Polo, and Swim competitor, were recognized as Distinguished Athletes for their athletic contributions.
Community Events
173
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• Attendance: 3,959 residents and 1,700 non-residents used the park this quarter.
• Total Memberships: 112 memberships sold (67 resident and 45 non-resident).
X Park
July 1 – September 30, 2022
174
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182 CLICK HERE to Return to Agenda
LA QUINTA SHERIFF’S STATION
QUARTERLY REPORT
July 1, 2022 – September 30, 2022
Statistics
Priority 1 – Involve circumstances that pose a clearly defined threat to human life or property;
Priority 2 – Involve circumstances of an urgent but not life-threatening nature (e.g. minor assaults and batteries);
Priority 3 – Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace);
Priority 4 – Incidents occurring in the past or “cold” calls.
5.5 14.1
20.4 29.6
5.9 13.6
22.4 25.3
6.1 14.4
25.5 37.3
Priority 1: Average
Response
Priority 2: Average
Response
Priority 3: Average
Response
Priority 4: Average
Response
Average Response Time
July August September
25 400 383
170
18 431
367
142
21 401
353
178
Priority 1: Calls for
Service
Priority 2: Calls for
Service
Priority 3: Calls for
Service
Priority 4: Calls for
Service
Number of Calls for Service
July August September
DEPARTMENTAL REPORT ITEM NO. 8
183 CLICK HERE to Return to Agenda
0 0 2
71 1
19 4
10 0 0 1
67 2
9 2
10 0 0 3
62 1 4 2
14 Rape Homicide Aggravated
Assault
Larceny Robbery Burglary Vehicle
Theft
Simple
Assault
Crime Statistics
June July August
Special Enforcement Team &
Business District
• Actions: 339
• Property Recovered: $22,350.00
• Narcotics Seized: Meth 4.0 g, and
M30 Oxycodone Pills: 1
Traffic Team
• Actions: 756
Community Service Officers &
Crime Prevention Specialists
• Actions: 1,065
School Resource Officers
• Actions: 75
Narcotics Task Force
• Actions in La Quinta: 40
• Narcotics Seized: Meth 10.26 lbs, Cocaine
2.75 lbs, Fentanyl Powder 13.2 lbs, and
Heroin .5 oz
• Recovered Firearms: 2
Gang Task Force
• Actions in La Quinta: 21
• Recovered Firearms: 0
• Narcotics Seized: Meth 3.1g, and
Fentanyl Pills 1
Citizens on Patrol
• Actions: 5
• Hours Donated: 590.75 hours
Actions by Teams:
Public Safety Camera System Statistics
Public Safety Camera System (PSCS) went live on September 20, 2021, since then, La Quinta Sheriff’s Department (LQSD) and city staff have been using the system to monitor city property, traffic accidents, traffic flow, police investigations and managing special events.
System Statistics:
• Record Request to date: 40 (8 this quarter)
• Videos exported related to police investigations: 111 • Special events managed:
• Construction on Avenue 52 and Washington
• Granite Gas line installation
• No businesses have opted out of the PSCS.
An annual PSCS performance report will be provided to Council by the end of 2022. 184
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FIRE DEPARTMENT
QUARTERLY REPORT
July 1, 2022– September 30, 2022
Incident Response Activity
Incident Type #
Medical 885
False Alarm 100
Public Service Assistance 90
Traffic Collision 51
Standby 4
Other Fire 5
Residential Fire 4
Vehicle Fire 2
Rescue 4
Ringing Alarm 1
Other Miscellaneous 2
Hazardous Materials 1
Commercial Fire 1
Multi-Family Dwelling Fire 0
Wildland Fire 1
Incident Total In La Quinta 1,151
Average Enroute to
On-Scene Time
Enroute Time: When a unit has been
acknowledged as responding.
On-scene Time: When a unit has been
acknowledged as being on-scene.
DEPARTMENTAL REPORT ITEM NO. 9
Automatic Aid
LQ Resources Responding in LQ 1,055
LQ Resources Aiding Other
Jurisdictions
668
Resources Aiding LQ 416
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Truck Report
For this quarter, Truck 86 recorded 24 responses and Truck 33 had 8 responses in the City of La Quinta.
Fire Inspection Report
3rd Quarter Statistics – Office of the Fire Marshal:
• Development Plan Reviews – 165
• Planning Case Reviews – 12
• Construction inspections – 637 (91% increase from Q3 2021) • Facility Inspections – 239
Plan Reviews:
• Major Development Plans – Troutdale Village, Pikes Peak Multi-use, • Tenant Improvement Plans – Longhorn’s, Desert Wine Shop, Jamba Juice, CA Bistro, Senior Daycare Center
• Master Home Fire Sprinkler Plans – Bella, The Centre, Palo Verde, Point Happy, Stone Creek Ranch
• Special Event – Ironman, Alpha Win Triathlon, State of the City - Fireworks Construction Inspections:
• Tenant Improvements – Lowe’s, Amazon Fresh, Target, Jamba Juice, • Tract Home Development Inspections – Andalusia, Carmela, Signature, Coral Mountain @ PGA, Stone Creek Ranch, Jewel @ PGA, Capistrano, Bella & Rancho Santana. • Custom Home Development Inspections – Madison Club, Hideaway, Traditions, Quarry, Cove Community.
Facility Inspections:
• State Fire Marshal Mandated Annual Inspections: Fire Systems Inspector Leilani Rojas continues to work on the follow-up inspections for the non-compliant facilities and seeks reasonable compliance.
• Fire Code Complaint Inspections were conducted on the following facilities: Broken Yolk Café, Mountain Dunes Clubhouse, Acuity Eye Group, Aldi, Wolf Waters Significant Incident Report
On 7/21/2022, CAL FIRE/Riverside County Firefighters were dispatched to a reported outside fire with threat in the area of Avenue 58 x Madison. First arriving Engine Company reported a large 50 x 30' pile of mulch well involved in the maintenance lot of a Country Club. After approximately 3 hours, firefighters were able to fully extinguish the large pile of mulch. There were no reported injuries to either civilian or firefighters.
On 7/31/2022, CAL FIRE/Riverside County Firefighters were dispatched to a residential fire located at the 79100 block of Ashley Place. First arriving Engine reported a residence with heavy smoke coming from the front door of the home. Firefighters were able to contain the fire to the Kitchen. All occupants were safely out of the residence and Red Cross was contacted to assist the family. There were no reported injuries to civilians or firefighters. 186
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On 8/7/2022, CAL FIRE/Riverside County Fire Department was dispatched to an inaccessible rescue on the Cove To Lake Trail. The patient was 1/2 mile from Lake Cahuilla suffering from dehydration. A successful hoist rescue was performed by Rescue 9 and the patient was offloaded to awaiting fire personnel who then assessed and transported to an awaiting ambulance where the patient denied medical transportation to a hospital. The patient suffered minor dehydration.
On 8/13/2022, CAL FIRE/Riverside County Firefighters were dispatched to a reported traffic collision with extrication on Hwy 111 and Washington Street. First arriving Engine Company reported a traffic accident involving 3 vehicles at the location listed above. All 4 occupants of the vehicles had moderate injuries and were transported to Desert Regional Medical Center.
On 8/15/2022, CAL Fire/Riverside County Fire Department responded to a report of commercial structure fire at the 78000 block of Highway 111. Upon arrival, fire staff indicated that there was no fire but a CO2 leak from a broken refrigeration line above the walk-in cooler of the business. Riverside County Environmental Health was called to the incident and air monitoring occurred by on scene crews. The leak was quickly isolated, and the business was ventilated. There were no civilian or firefighter injuries.
On 8/22/2022, CAL FIRE/Riverside County Fire Department responded to a residential fire at the 53200 block of Avenida Martinez. The first arriving fire engine reported a well-established fire to the rear of the property with power lines down. Hose lines were deployed to protect additional residences and keep the fire to the original structure.
Suppression efforts were hampered due to downed power lines. The fire extended into additional residents to the north and south of the original fire. RSO was also summonsed to the incident to assist with evacuation of additional homes in the area.
Once the power lines were de-energized, fire crews were able surround and contain the fire to the original home and 2 additional There were no civilian injuries; however, 2 firefighters suffered moderate injuries and were transported to local area hospitals for evaluation.
On 9/12/2022, CAL FIRE/Riverside County Fire Department resources were dispatched to a single-family fire at the 54500 block of Alysheba Drive. The first unit reported smoke coming from the roof of the residence. The fire was contained to the garage, attic, and courtyard. The fire displaced three adults that denied the need for Red Cross assistance. The City of La Quinta Building Department red tagged the building after it was evaluated. There were no civilian injuries, but two firefighters sustained moderate injuries. Both firefighters were transported to the hospital where they were treated and released.
On 9/18/2022, CAL FIRE/Riverside County Fire Department responded to a multi-vehicle traffic collision at the intersection of Avenue 48 and Dune Palms. The first arriving fire engine reported a two-car traffic collision with major damage. There were a total of five patients injured with various degrees of injuries, two moderate and three minor patients. Four patients from one vehicle were transported to a local area hospital, the fifth patient was assessed and treated on scene and released to Riverside County Sheriff's. There was major damage to electrical and traffic control devices. IID and La Quinta Public Works were requested to the scene to secure the damaged equipment. No firefighters were injured on this incident.
187
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