La Quinta City Council
March 7, 2023

Exhibit A
Scope of Services

1. Services to be Provided:

Installation of a shade structures at Fritz Burns Park located at the corner of 52nd Avenue and Avenida Bermudas; and at the X-Park located at the corner of Dunes Palms Road and Black Hawk Way.

Fritz Burns structures at the pickleball and tennis corridors, and over the seating area. 163 Click Here to Return to Agenda
Exhibit A

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Exhibit A

X-Park structures located at the turf area along the west side of the park (area 1); and east of the building (area 2); and two structures in the center of the park (area 3). 165 Click Here to Return to Agenda
Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive 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 TWENTY-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, 172 Click Here to Return to Agenda
Exhibit A

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. 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 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. 173 Click Here to Return to Agenda
Exhibit A

(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, 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. 174 Click Here to Return to Agenda
Exhibit C

Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Three Hundred, Thirty-Nine Thousand, Two Hundred Seventy-Three Dollars ($339,273) (“Contract Sum”).

The break down is:

Project No 2022-26 Fritz Burns Park: One Hundred Eight-Five thousand, Fifty-Seven Dollars ($185,057). This sum shall be paid to Contracting Party in progress billings:
• 10% upon completion of design drawings.
• 35% for materials before shipping; and
• Final balance on completion and acceptance of the work.

Project No 2022-28 X-Park: One Hundred Fifty-Four Thousand, Two Hundred and Sixteen Dollars ($154,216). To be paid upon completion and acceptance of installation after July 1, 2023.

Attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 175 Click Here to Return to Agenda
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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.

Work shall commence on an agreed upon date on or around March 15, 2023, and terminate on completion and acceptance of installation on or around September 30, 2023.
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Exhibit D

Exhibit D
Special Requirements
Contractor is responsible to pull required City permits (fees will be waived) and schedule required inspections.

Shade fabric colors are to be blue.

Contractor is responsible to ensure all measurements are accurate. Contractor is responsible for mobilization, storage of materials, and any required pedestrian and/or traffic control.
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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
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

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

Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 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 178 Click Here to Return to Agenda
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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.

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

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

Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.

In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.

E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.

E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
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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. 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 180 Click Here to Return to Agenda
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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 self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.

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

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

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

15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
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Exhibit E

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

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

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

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

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

21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement.

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 182 Click Here to Return to Agenda
Exhibit F

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

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 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. 184 Click Here to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: March 7, 2023

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH

KILEY AND ASSOCIATES, LLC TO PROVIDE FEDERAL LOBBYIST SERVICES

RECOMMENDATION
Approve an agreement for contract services with Kiley & Associates, LLC to provide federal lobbyist services; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• The City does not have an existing contract for federal lobbyist services. At the state level, the City contracts with Joe A. Gonsalves & Son for state government relations and lobbyist services.
• The City published a Request for Proposals (RFP) for these services beginning January 13, 2023, and ending January 27, 2023.
• Staff reviewed the proposal submissions, conducted interviews with the top firms, and recommends approval of a contract with Kiley & Associates, LLC as the City’s federal lobbyist (Attachment 1).

FISCAL IMPACT
The annual cost is not-to-exceed $42,000 per year ($3,500 monthly). The total contract cost is not-to-exceed $136,500 for the initial contract term of three (3) months in the current fiscal year and subsequent three (3) fiscal years for a total of thirty-nine (39) months. An optional extension of one term for two (2) years is available, with the same terms of the annual not to-exceed amount of $42,000 per year ($3,500 monthly), totaling $84,000. Funds are available in the General Fund budget (101-1002-60101, Contract Services, Administrative).

Cost summary for the services are as follows:

FISCAL YEAR MONTHLY BASE ANNUAL BASE
2022/2023 $3,500 $10,500
2023/2024 $3,500 $42,000
BUSINESS SESSION ITEM NO. 2
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2024/2025 $3,500 $42,000
2025/2026 $3,500 $42,000
INITIAL 39-MONTH TERM TOTAL $136,500
2026/2027 $3,500 $42,000
2027/2028 $3,500 $42,000
2-YEAR EXTENSION TOTAL (OPTIONAL) $84,000

CONTRACT NOT-TO-EXCEED TOTAL
(WITH OPTIONAL EXTENSION)
$220,500

BACKGROUND/ANALYSIS
In January 2023, the City issued an RFP to identify a strategic partner that would bolster federal legislative advocacy efforts, identify and assist the City in obtaining federal funding for City programs and projects, and coordinate opportunities for City leaders to meet with federal legislators and agency staff in Washington, D.C. and locally. Staff evaluated proposals based on experience and qualifications, conducted interviews with the top firms and recommends Kiley & Associates, LLC as the City’s federal lobbyist.

Upon the Council’s approval, the initial term of this agreement would begin April 3, 2023, and expire on June 30, 2026, with an option to renew for an additional two (2) years. The agreement can be terminated at any time with a 30-day written notice.

ALTERNATIVES
Council may elect to not approve this agreement. However, staff does not recommend this alternative due to the immediate need for these services and the excellent services expected from this firm.

Prepared by: Jeremy Griffin, Management Specialist
Approved by: Gilbert Villalpando, Director
Attachment: 1. Agreement for Contract Services
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and KILEY & ASSOCIATES, LLC, a Limited Liability Corporation (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

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

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

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

1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement.

Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, 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, ATTACHMENT 1
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and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

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

1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any 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.
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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 Forty-Two Thousand Dollars ($42,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the 189 Click Here to Return to Agenda
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Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

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

3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.

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

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on April 3, 2023, and terminate on June 30, 2026 (“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.
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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) Gregory Kiley, President – Kiley & Associates, LLC
Tel No. (202) 544-6897
Email: [email protected]
(b) Kimberly VanWyhe, Vice President – Kiley & Associates, LLC Tel No. (917) 678-0130
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be 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 City Manager 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 191 Click Here to Return to Agenda
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transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein.

City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
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4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

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

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

6. INDEMNIFICATION.

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

7. RECORDS AND REPORTS.

7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is 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 193 Click Here to Return to Agenda
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enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk 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.
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7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement 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 195 Click Here to Return to Agenda
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as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the 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 196 Click Here to Return to Agenda
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authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

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

8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

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

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 197 Click Here to Return to Agenda
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No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS.

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

To City:

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

KILEY & ASSOCIATES, LLC
Attention: Gregory Kiley
636 North Carolina Avenue, SE
Washington, D.C. 20003

10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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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.

10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (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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-14-
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:

KILEY & ASSOCIATES, LLC
a Limited Liability Corporation

GREGORY KILEY
President
Dated:

ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California

KIMBERLY VANWYHE
Vice President
Dated:

APPROVED AS TO FORM:

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

Exhibit A
Scope of Services

1. Services to be Provided:

The Contracting Party will collaborate with the City to help develop its federal legislative priorities. This partnership will include the following services:
• Onboarding. This is an extremely important element of our engagement with our city clients. Our first action with a new client is an in-depth meeting to understand the needs of the City. We work the City Manager’s office and department heads to establish priorities, goals and a tailored scope of work to help our clients meet their legislative goals.
• Raising the City’s profile with the Federal House and Senate delegation, Federal Agencies, and the Biden Administration.
• Tracking all federal bills that impact the City. Further, when an important bill is being heard in committee, we have our staff in the committee room. If needed, we can provide testimony and meet in the offices of the committee staff and Members to advocate the City’s position.
• At the federal level, we will provide the City with a monthly written report of legislative activity. Further, we regularly provide federal updates as Congress works on issues that impact our clients. We also will appear before the City Council for federal updates whenever requested.
• In Washington, D.C., we actively monitor bills and actions that impact cities and residents. We provide updates as soon as Congressional Leadership and the White House act. This active presence is something we strive for daily to help our clients reach their goals.
• Conduct an annual review with City staff to ensure the legislative goals of the City and Council are met.
• We are transparent, ethical and customer service oriented. We are proud that clients think of us as an integral part of their business, capable of delivering the services they need when they need them. We often think of our firm as an extension of City staff and an integral part of your Washington, D.C. team. • Assisting the City’s interests by changing laws or federal/state regulations as necessary.
• Coordinating with the dedicated day-to-day points of contact on identifying and refining the City’s top project and policy priorities for their legislative agenda (i.e. securing federal money for drainage projects, roadway expansion, park projects, street repairs, tourism, public safety, and electric power). 201 Click Here to Return to Agenda
Exhibit A

• Target key allies and influential lawmakers, Congressional committees, White House policy makers as we advocate for the City.
• Coordinating with the City to engage on Federal Community Project Funding Programs processes for federal funding.
• Regularly updating the City on Federal grant opportunities and issues that are pertinent to the City’s legislative priorities.
• Representing the City at Executive Branch meetings and hearings in Washington, D.C.
• Tracking news articles and press releases on issues that will impact local governments and the City.
• Coordinating an annual trip for City elected officials and staff to Washington, D.C. to meet with and/or brief the Congressional delegation, White House officials, and key staff in the federal agencies.
• Helping with issues that have a federal nexus, which include providing comments on federal regulations; connecting local officials to federal agency professionals; and providing our expertise on funding programs, grant applications, and other legislative and agency opportunities. • Engaging regularly with coalitions such as the National League of Cities and the United States Conference of Mayors on behalf of the City. Also assisting with the League of California Cities on issues when there is a federal overlap. • Work with the City to identify federal funding opportunities and provide advocacy letters for federal related matters whenever necessary. • Utilizing our vast prior expertise in economic development, work with the City to identify, prioritize and explore growth opportunities for the City and its residents.
• Create a federal schedule for legislative affairs, work closely with the City on federal legislative priorities and assist the City by filing for all lobbyist compliance requirements.
• On public safety, support efforts through federal departments and agencies, and relevant Congressional committees to increase public safety within the City. Facilitate engagement with U.S. Department of Justice Liaison Office and the City.
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Exhibit A

• In the area of public utilities, work with relevant Congressional committees – energy, water, electricity and biosolids to enhance City capabilities and capacities. Support monitoring Army Corps of Engineers projects. Support efforts and work with federal partners to maintain City’s statewide water conservation targets.
• In transportation and infrastructure, work with relevant Congressional committees and federal agencies to bolster the City’s parks, electric power and transportation infrastructure.
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Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive 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 TWENTY-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, 204 Click Here to Return to Agenda
Exhibit A

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 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. 205 Click Here to Return to Agenda
Exhibit A

(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, 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. 206 Click Here to Return to Agenda
Exhibit B

Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid annually to Contracting Party under this Agreement is not to exceed Forty-Two Thousand Dollars ($42,000.00) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

The annual cost is not-to-exceed $42,000 per year ($3,500 monthly). The total contract cost is not-to-exceed $136,500 for the initial contract term of three (3) months in the current fiscal year and subsequent three (3) fiscal years for a total of thirty-nine (39) months. An optional extension of one term for two (2) years is available, with the same terms of the annual not to-exceed amount of $42,000 per year ($3,500 monthly), totaling $84,000. Funds are available in the General Fund budget (101-1002-60101, Contract Services, Administrative).

Cost summary for the services are as follows:

FISCAL YEAR MONTHLY BASE ANNUAL BASE
2022/2023 $3,500 $10,500
2023/2024 $3,500 $42,000
2024/2025 $3,500 $42,000
2025/2026 $3,500 $42,000
INITIAL 39-MONTH TERM TOTAL $136,500
2026/2027 $3,500 $42,000
2027/2028 $3,500 $42,000
2-YEAR EXTENSION TOTAL (OPTIONAL) $84,000

CONTRACT NOT-TO-EXCEED TOTAL
(WITH OPTIONAL EXTENSION) $220,500
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Exhibit C

Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
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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)
Auto Liability Additional Insured
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/Technology Errors and Omissions 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 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 210 Click Here to Return to Agenda
Exhibit E

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.
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 deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services. 211 Click Here to Return to Agenda
Exhibit E

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 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 212 Click Here to Return to Agenda
Exhibit E

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. 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 self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not 213 Click Here to Return to Agenda
Exhibit E

allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.

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

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

14. 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 214 Click Here to Return to Agenda
Exhibit E

given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

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

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

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

21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement.

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 215 Click Here to Return to Agenda
Exhibit F

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

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 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. 217 Click Here to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING:

STAFF REPORT
AGENDA TITLE: AUTHORIZE A MEMBER OF THE CITY COUNCIL TO ISSUE A LETTER OF CONCERN TO REINSTATE RIVERSIDE COUNTY SHERIFF’S

DEPARTMENT SCHOOL RESOURCE OFFICERS AT COACHELLA VALLEY UNIFIED

SCHOOL DISTRICT SCHOOLS

RECOMMENDATION
Authorize a Member of the City Council to issue a letter of concern to reinstate Riverside County Sheriff’s Department Resource School Officers at Coachella Valley Unified School District schools.

EXECUTIVE SUMMARY
• Over the last 4 months Riverside County Sheriff’s Department (RCSD) Deputies have responded to 10 incidents of school violent threats at various Coachella Valley Unified School District (CVUSD) schools, which have jeopardized student and staff safety; parents and students are demanding improved safety measures. • School Resource Officers (SRO) can help prevent and mitigate safety incidents as they work closely with school staff, students, parents, and the RCSD to provide a safe learning environment for local schools.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
Between November 2022 and February 2023, RCSD Deputies have responded to 10 incidents of school violent threats at various CVUSD schools.

Students and parents are demanding improved safety measures and urging CVUSD to return SROs to the schools in an effort to provide protection from violence and possible weapons being brought to school by students. CVUSD Board voted to remove SROs from its schools in 2018 in favor of a “restorative justice model.” The community expressed its safety concerns at the February 23, 2023, CVUSD Board meeting where many students attended in protest of these incidents and lack of safety measures; as well as by hundreds of CVUSD students who walked out of class in protest on Monday, February 27, 2023.

BUSINESS SESSION ITEM NO. 3
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Implementing SROs into school districts is a standard practice with other local districts.

Since 2003, Desert Sands Unified School District and La Quinta have partnered to share the cost of SROs. SROs work closely with school staff, students, parents, and the RCSD to provide a safe learning environment at local schools.

La Quinta residents located south of Avenue 48 and east of Jefferson are within CVUSD service boundaries depicted in CVUSD area map (Attachment 2).

ALTERNATIVES
Council may elect not to issue a letter of concern.

Attachment: 1. CVUSD Boundary Map
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ATTACHMENT 1
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DEPARTMENTAL REPORT ITEM NO. 4

COMMUNITY RESOURCES

QUARTERLY REPORT
In response to local declaration and other State and County orders, the department shifted rules to provide COVID-19 related Public Safety and Social Service needs.

Code Compliance / Animal Control
October 1 – December 31, 2022
722
635
743
599
568 519
750
684
604 587 533 594 542 609
790 809
653 630
439 391
496
714
525
434
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Site Inspections*
2021 2022
*Site inspections are required to confirm violations and regular code complaints (e.g., trash containers, landscaping, property maintenance issues, etc.).
1 2
4 5
8 7
12 Administrative
Citations
Business License
Zoning
Animal Control
Vehicle Issues
Building Code
STVRs
Property Maintenance
Hearing Types
• 3 Administrative Hearings
• 1 Administrative Appeal Superior Court
Quarter Highlights:
• $36,000 in administrative citations were paid this quarter • $19,000 in back transient occupancy tax (TOT), that Code Officers assisted in collecting.

Before and After: Landscape case
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False Alarms
• $137,977 in fees collected to date
• City Staff outreach to businesses
with multiple false alarms.
• Number of false alarms continue
to decrease year by year. To date,
false alarms have decreased a
total of 34.1% compared to 2018
Animal Control Update
1 2
4 8
17 23 79
Impounds
Confiscated Stray-Known Wait
Adoption Return Owner Surrendered
Stray-Dead Foster Return
Stray
6 6
7 8
14 18
48 Outcomes
Euthanized Untreatable
Euthanized Treatable
RCDAS Community Cat Program
Return to Owner
Transfer Adoption Partner
In Foster Home
Adoption
Riverside County Animal Services
Department of Animal Services – Coachella Campus has walk-in hours from 10 a.m. to 4 p.m. 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-year period have been received from a particular business, residence or property.
2397
2062
1725 1711
1579
2018 2019 2020 2021 2022
False Alarms
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Social Services & Community Programs
October 1 – December 31, 2022
Wellness Center, FIND Food Distribution, Fritz Burns Pool, & Sports • Distributed 32,285 pounds of food (food packages/boxes of dry goods and produce) to 995 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 982 participants (660 for open/lap swim; 178 Water Aerobics; 18 Aqua Fit; 85 Senior Splash; 41 Floating Pumpkin Patch event) at Fritz Burns Pool programs/classes. • Wellness Center provided fitness & recreation programs to 6,965 participants/fitness members (6,419 fitness gym participants; 546 program participants for Gentle Yoga, Essential Fitness, Mat Pilates, Tai Chi, Ballroom Dance, Pickleball 101, Monday Matinee Movies, Chuck Jones Center Workshop, Social Bridge, Mah Jongg, Ukulele, and Quilting for Good Times). Social service offerings such as the Riverside County Warm Center, LiHeap – Riverside County Community Action program, and Curative COVID-19 testing were available to the public.
• Youth sports programs had 32,168 total participants (players, spectators, coaches) for AYSO (soccer – 23,250), Friday Night Lights (flag football – 3,445), and La Quinta Youth Sports Association (baseball – 5,473). Practices and league games are held at La Quinta Park, Colonel Mitchell Paige Middle School, and the La Quinta Sports Complex. La Quinta High School Baseball also practiced at the Sports Complex this quarter due to their baseball fields being renovated. • Open Court Time basketball and volleyball programs, a City of La Quinta’s partnership with Desert Recreation District, had a total of 271 participants at the La Quinta Boys & Girls Club Gym. 225 Click Here to Return to Agenda
Library/Creation Station (Makerspace)
October 1 – December 31, 2022
• Attendance: 20,000 persons visited and participated in various programs; 40,800+ items were circulated.
• Events: Festival of Frights, CryptoZoo Walk Thru, Cryptid Art Contest, and Digital Escape Room.
• Programs: Baby/Toddler/Preschool Storytimes; Tween Doggy Tales (partnership with Animal Samaritans/Animal Companion Therapy Program); Chess Club; Sensory Hour; SOS: Something on Saturday Family Programming; Teen Anime Zone; Impulse Affirmation; Teen Game Night; Graphic Novel Club; Read the World; Readers Club; Page Turners Book Club; and BYOB: Bring Your Own Baby Book Club for adults with babies. • Attendance: 500 people participated in various programs/services. • Memberships: 13 new memberships; 52 active memberships. • Programs: MakerCraft (Jack-o’-Lanterns, Not-Sew-Scary mini pillows, Vintage Motel Keychains, Harvest Faire Crafts, Unusual Holiday Movie Ornaments, Upcycled Paper Snowman, Holiday Craft Leftovers), Friction Kitchen (Churros & Dulce de Leche dip, Fried Green Tomatoes, and Makin’ Bacon Pancakes), Paint with Michele (Gato de Dia de los Muertos, God of Egypt Bastet, and Petroglyphic Cat) , MakerSpace Camps (Crochet Baskets and Electronics: Fairy-Light Mirror Cutie), and Gingerbread Contest. 226 Click Here to Return to Agenda
Museum
October 1 – December 31, 2022
• Attendance: 1,700+ visitors/participants.
• Exhibits: The Ranges Between: Lincoln’s Scout, Making a City, and Dia de Muertas Mini Altars.
• Events: Music in the Museum, Lincoln’s Scout reception, Franklin Elementary field trip, annual Casita Lighting, group tours and lectures.
• 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.
• Social Media Promotion: Friday Fun Facts and Exhibit Content is shared via social media with Facebook, Twitter, Instagram, and YouTube subscribers. 227 Click Here to Return to Agenda
Veterans Recognition Ceremony @ Civic Center Courtyard
• The Veterans Recognition Ceremony was held on Friday, November 11, to honor and recognize 19 veterans and former honorees in the branches of the United States Air Force, Army, Coast Guard, Marines, and Navy.
• Gold Star Family recognition to honor Staff Sgt. James Perez, US Army and Cpl. Hunter Lopez, US Marine Corps.
• Col. Howard Thompson, retired US Army, was the guest speaker along with musical performances from Doug Hassett and the La Quinta High School Wind Ensemble. • A flyover was provided by the Palm Springs Air Museum, American flag quilts provided by the Ophelia Project, and the presentation of colors provided by BSA Scout Troops 1701 and 451.
• A Fallen Solider Table was displayed throughout November at the La Quinta Museum to honor those who are no longer with us.
• A newly installed flag retirement box, located in the south parking lot of City Hall, is available for residents to properly discard their worn U.S. flags.

Community Events
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Community Events
Tree Lighting Ceremony @ Civic Center Campus
• The annual Tree Lighting Ceremony was held on Friday, December 2. Mayor and Councilmembers provided holiday greetings and counted down the light of the Christmas Tree.
• Santa Claus was available for Instagram photos in front of the tree and live performances were provided by Natasha Terrell; Dance, Play, & Pretend and Beginning Ballet; La Quinta High School Wind Symphony; and Ballet Folklorico Sol Del Desierto. • Too Tall Tomm handed out candy canes, the Grinch and Frozen’s Elsa and Anna greeted participants and were available for pictures at the photo booth; and a Letter to Santa station was available for all participants to write down requests for the holiday season. • Holiday gift bags with toys and treats were provided to children in attendance. • The Holiday Train provided rides for children and families through the park. 229 Click Here to Return to Agenda
Concert in the Park Series @ SilverRock Park
• Fake Matthews Band, celebrating the music of the Dave Matthews Band, performed on Saturday, November 19 from 5:30-8:30 p.m.
• Approximately 400+ persons in attendance.
• City staff provided information and giveaways and food trucks were available to participants.

Community Events
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• Attendance: 4,642 residents and 4,036 non-residents used the park this quarter. • Total Memberships: 195 memberships sold (130 resident and 65 non-resident). • Programs: California Amateur Skateboard League (skateboarding contest); Fivestar Fridays (community skate jam, local best trick jam, and skateboarding best trick); Quad Skating Night (Iocal skate jam); Thanksgiving Skate Camp; Christmas Skate Camp (2 sessions); Lucky Pro Scooters (demo and contest); Ride CV BMX Jam( with long jump and bunny hop contests); and Quad skating clinic and session. • Events: La Quinta X Park Grand Opening (New Balance Pro Team & Power Peralta guests); Hot Wheels x Nitro Circus Super Chargers (skate, BMX, and scooter contest series); and El Gato Classic Legends of Skateboarding.

X Park
October 1 – December 31, 2022
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LA QUINTA SHERIFF’S STATION

QUARTERLY REPORT
October 1, 2022 – December 31, 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.

6.2 14.8

23.1 30.5

6.6 13.8

27.7 33.1

5.7 17.2

27.4 35.8
Priority 1: Average
Response
Priority 2: Average
Response
Priority 3: Average
Response
Priority 4: Average
Response
Average Response Time
October November December
22 524
400
202
26 432
378
190
30 428 423
220
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
October November December
DEPARTMENTAL REPORT ITEM NO. 8
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0 0
12 70
3 2 6
17 0 0
8 70
1 12
3 15
1 0 0
68 1
19 7 14
Rape Homicide Aggravated
Assault
Larceny Robbery Burglary Vehicle
Theft
Simple
Assault
Crime Statistics
September October November
Special Enforcement Team &
Business District
• Actions: 498
• Property Recovered: $812.59
• Narcotics Seized: Meth 7.7 g
Traffic Team
• Actions: 877
Community Service Officers &
Crime Prevention Specialists
• Actions: 1,089
School Resource Officers
• Actions: 78
Gang Task Force
• Actions in La Quinta: 8
• Recovered Firearms: 0
• Narcotics Seized: Meth 7.1g
Citizens on Patrol
• Actions: 5
• Hours Donated: 419.75 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:
• 238 videos related to police investigations have been queried. • Of those queried, 61 videos related to police investigations have been exported. • Special events managed:
• Alpha Win Triathlon (October)
• La Quinta Art Celebration (November)
• Ironman 2022 (December)
• No businesses have opted out of the PSCS.

Significant Incident Involving the PSCS:

On November 26, 2022, there was a fatal traffic collision involving a bicyclist and vehicle on Eisenhower and Coachella, which was caught on PSCS. Police were able to use the video as definitive evidence to charge the driver with vehicular manslaughter. 234 Click Here to Return to Agenda 1 TO: City Manager Jon McMillen DATE: 02/09/2023
FROM: Lt. Andy Martinez
SUBJECT: CSO Pilot Program Update
_____________________________________________________________________________________ Background
In June of 2020, La Quinta City Council heard a presentation from the Riverside County Sheriff’s Department’s Research & Development (R&D) Team who presented a staffing deployment strategy intended to yield a police services cost savings and efficient deployment of resources to meet the specific needs of La Quinta. During this presentation and based on FY 18/19 data, it was said that deputies and CSO’s handled 93.60% and 6.40% of community generated calls for service, respectively.

In December of 2020, La Quinta City Council voted to reduce the daily police contract Daily Patrol Hours (DPH) hours from 135 to 130 and re-task one CSO from a Traffic Assignment to Patrol as a pilot program, which became effective in January of 2021.

Staffing
During this review period, deputy staffing was distributed across two shifts, Dayshift (6AM – 6PM), and Nightshift (6PM—AM). At the contract level of 130 daily hours, shifts are staffed with 6 and 5 deputies on Dayshift and Nightshift, respectively.

The current police services contract includes a total of 6 CSO, 5 of which are assigned to patrol and 1 to Crime Prevention and Community Services. Patrol CSO’s are currently only authorized a 4/10 schedule, working 4 days per week, 10-hour shifts. 2 CSO’s split the week on night shift, working 5PM to 3AM. 3 CSO’s split the week on Dayshift; 2 working Sunday-Wednesday and 1 working Wednesday - Saturday (7AM-5PM).

Results
To measure results, Calls For Service (CFS) during calendar years 2018, 2019, 2020, 2021 and 2022 were evaluated. A significant effort was made to duplicate the calculations used by the Matrix Group and Sheriff’s R&D for consistency in reporting, but due to minor variances these results do vary by approximalty 5%. The following is a summary of results.

RIVERSIDE COUNTY SHERIFF’S DEPARTMENT

CHAD BIANCO, SHERIFF
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2 Measure of Deputy Proactive Time (Community CFS Only) Total CFS Deputy CSO Proactive Time % Change (18/19 avg) 2018 Community CFS 16,580 15,494 1,086 61.6%
2019 Community CFS 16,000 15,022 978 63.2%
2020 Community CFS 14,952 14,137 815 66.0% +3.6%
2021 Community CFS 15,072 13,873 1,199 64.3% +1.9%
2022 Community CFS 14,460 13,138 1,322 64.8% +2.4%
Measure of Total Deputy Proactive Time (Community CFS + Self Initiated Activity) Total Activity Deputy CSO Proactive Time % Change (2018) 2018 All Activity 27,020 24,956 2,064 52.2%
2019 All Activity 29,067 26,061 1,886 51.6% - .6%
2020 All Activity 28,773 24,157 2,226 52.8% + .6%
2021 All Activity 24,757 20,634 3,300 53.7% +1.5%
2022 All Activity 26,422 21,667 2,574 53.3% +1.3%
CSO & Deputy – Average Response/Handling Time
Travel Time Response Time* Time on Scene Total Avg Time 2018 Avg. Respose Time 13:53 23:51 33:52 0:49:44
2019 Avg. Respose Time 14:04 23:28 32:52 0:49:03
2020 Avg. Respose Time 12:55 21:33 33:14 0:48:25
2021 Avg. Respose Time 15:41 28:37 37:36 0:55:47
2022 Avg. Respose Time 16:52 29:41 42:22 1:04:01
*Response Time is a product of Travel Time plus Dispcath Handling Time (not shown) and most meanigful to community callers.

As a result of this pilot program and considering the reduction in staffing (135 to 130 DPH) deputies gained 2.4% in proactive time as compared to the FY 18/19 average. CSO’s handled 9.1% of CFS in 2022 as compared to 6.4% reported for FY 18/19 by Sheriff’s R&D. Also worth noting, during 2022 CSO’s were responsible for 16.4% of all patrol activity as compared to 7.1% in 2018.

During this review, it was also determined that patrol deputies are assigned about 68% of calls that are qualified for a CSO. Since most shifts (with the exception of Sun-Wed Day Shift) are only staffed with one CSO, there may not always be a CSO available to respond and in an effort to manage response times, calls are being handled by deputies.
_________________________________
Lt. Andy Martinez
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FIRE DEPARTMENT

QUARTERLY REPORT
October 1, 2022 – December 31, 2022
Incident Response Activity
Incident Type #
Medical 1,032
False Alarm 126
Public Service Assistance 97
Traffic Collision 72
Standby 13
Other Fire 6
Residential Fire 3
Vehicle Fire 0
Rescue 3
Ringing Alarm 7
Other Miscellaneous 3
Hazardous Materials 2
Commercial Fire 0
Multi-Family Dwelling Fire 1
Wildland Fire 2
Incident Total In La Quinta 1,367
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 1,271
LQ Resources Aiding Other
Jurisdictions
769
Resources Aiding LQ 459
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Truck Report
For this quarter, Truck 86 recorded 28 responses and Truck 33 had 10 responses in the City of La Quinta.

Fire Inspection Report
4th Quarter Statistics – Office of the Fire Marshal:
• Development Plan Reviews – 127
• Planning Case Reviews – 15
• Construction inspections – 670 (54% increase from Q4 2021) • Facility Inspections – 191
Plan Reviews:
• Major Development Plans – The Peak - Multi-use
• TI Plans – WDC Kitchen Warehouse, Urban Oazis, Enzo’s Addition, Home Depot Tool Rental Center, Longhorn Steakhouse, RD RNNR, Panera Bread, Boba Shop
• Master Home Fire Sprinkler Plans – Palo Verde
• Special Event – New York Life @ LQRR, Alpha Win Triathlon, Merv Griffin Wedding with Fireworks, Tradition Fireworks, Rancho La Quinta Fireworks, Andalusia Fireworks, Halum Real Estate Event @ LQRR, Urquhart Wedding Tent, El Gato Classic, Summit Series @ LQRR, Amgen @ LQRR, La Quinta Art Celebration.

Construction Inspections:
• New Construction/Tenant Improvements – Target, Panera, WelBeHealth, Solterra Clubhouse, La Quinta Country Club, El Patio Restaurant, Crumble Cookie • Tract Home Development Inspections – Andalusia, Cantera, Signature, Jewel @ PGA, Coral Mountain @ PGA, Stone Creek Ranch, Capistrano, Bella & Rancho Santana, Point Happy, Solterra, Rancho Santana, Lion’s Gate, Palo Verde
• Custom Home Development Inspections – Madison Club, Hideaway, Traditions, Quarry, Cove Community.

Facility Inspections:
• State Fire Marshal Mandated Annual Inspections: Fire Systems Inspector Leilani Rojas began the FY22/23 initial annual inspections, beginning with the school facilities within the City. FSI Rojas continues to follow-up on the facilities still pending compliance. • Fire Code Complaint Inspections were conducted on the following facilities: Med Post Urgent Care, Peninsula Park HOA, PGA Nicklaus Clubhouse, Rubio Home, Corporate Center Business Park.

Significant Incident Report
On October 8, 2022, CALFIRE /Riverside County Fire and the City of La Quinta responded to a reported bathroom fire at a single-family home. First arriving company officer reported a fire in the ceiling of the residence. Crews quickly contained the fire to the bathroom ceiling, surrounding a ventilation fan. Due to damage to the electrical wiring, power was disconnected by IID resulting in the displacement of three adults and one infant, however the family was able to find alternative shelter. No injuries to civilians or firefighters were reported.
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Significant Incident Report
On October 15, 2022, CAL FIRE/Riverside County Fire Department resources were dispatched to a reported public assist for flooding at a four-unit apartment building located on Avenida Navarro in the City of La Quinta. The first unit on scene reported active flooding inside Unit A on the first floor. Water was dripping from the ceiling, flooding several rooms inside the unit. After the water was removed, Red Cross was contacted to assist two elderly females that lived in the unit due to additional rain expected throughout the night. The property management company was on scene but was unable to provide financial assistance. No other units were involved. The Building Department of La Quinta was notified of the incident. No reported injuries to fire personnel or civilians.

On October 28, 2022, CAL FIRE / Riverside County responded to reports of a structure fire in the City of La Quinta with a report of victims trapped. The first arriving unit reported light smoke from the eaves. RSO Deputy arrived at scene at the same time as the first arriving unit and conducted a victim rescue. The victim was transported to JFK Hospital with moderate injuries. Fire personnel were able to contain the fire to the kitchen area of the house. There were no injuries to fire personnel on this incident.

On December 20, 2022, CAL FIRE/Riverside County Fire Department units responded to a medical emergency call with a juvenile male that sustained burn injuries. The first unit on scene found one juvenile male suffering second degree burns to 7% of his body from playing with a lighter. Fire personnel provided ALS care and the patient was transported by AMR to a local hospital for further treatment. The incident was turned over to RSO for further investigation due to the burn injury and the juvenile not having adult supervision at the time of the incident. There were no additional civilian or firefighter injuries. 239 Click Here to Return to Agenda
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11. AIRPORT COMMISSION MEETING AGENDA
Wednesday, December 21, 2022 - 5:30 P.M.

Pursuant to Assembly Bill 361, this meeting will be conducted by teleconference and there will be no in-person public access to the meeting location.

Submit your public comment to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required.

Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.

To observe the meeting or to provide public comments at the meeting, please use the following link https://us02web.zoom.us/j/86019815290?pwd=ZitOZDIyeGZhNUNEQTVkU29nTUdPdz09 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916 City of Palm Springs: Riverside County:

Paul Slama
City of Cathedral City:

Vacant
City of Palm Desert:

Aftab Dada - Chair David Feltman Kevin Wiseman
Kevin J. Corcoran
Vice Chair Ken Hedrick City of Indian Wells:

Paul Budilo
City of Coachella:

Gabriel Martin
City of Rancho Mirage:

Thomas Weil Gerald Adams Scott G. Miller
Patricia Breslin John Payne City of La Quinta:

Kathleen Hughes
City of Desert Hot Springs:

Jan Pye
City of Indio:

Todd Burke M. Guillermo Suero Jhan Schmitz
Palm Springs City Staff
Teresa Gallavan Harry Barrett Jr., A.A.E. Jeremy Keating Interim City Manager Airport Executive Director Assistant Airport Director

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE

2. POSTING OF AGENDA

3. ROLL CALL

4. ACCEPTANCE OF AGENDA

5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission

6. APPROVAL OF MINUTES: Minutes of the Airport Commission Special Meetings of September 28, 2022 and October 6, 2022

REVISED AND

REPOSTED ON
DECEMBER 16, 2022
REPORTS AND INFORMATIONAL ITEM NO. 27
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Airport Commission Meeting Agenda
December 21, 2022 – Page 2
_______________________________________________________________________________________

7. INTRODUCTIONS AND PRESENTATIONS

7.A Riverside County Appointed Commissioner

7.B Assistant Airport Director

8. DISCUSSION AND ACTION ITEMS:

8.A Airport Art Tour Update

8.B Palm Springs Art Museum Artwork Loan Extension

8.C Palm Springs Air Museum Expansion

8.D Operations, Properties and Facilities Committee Update

8.E Formation of Ad Hoc Design Review Committee

8.F Formation of Ad Hoc Master Plan Review Committee

8.G 2023 Airport Commission Meetings

8.H Marketing Update

8.I Financial Summary Update

8.J Projects and Airport Capital Improvement Program Update

9. COMMISSIONERS REQUESTS AND REPORTS

10. REPORT OF COUNCIL ACTIONS:

10.A Past City Council Actions

10.B Future City Council Actions

11. RECEIVE AND FILE:

11.A Airline Activity Report November 2022

11.B Airline Activity Report Fiscal Year Comparison

11.C Airlines Schedules January 2023

12. COMMITTEES:

12.A Future Committee Meetings
ADJOURNMENT:

The Airport Commission will adjourn to a Regular Meeting on January 18, 2023, at 5:30 P.M.
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Airport Commission Meeting Agenda
December 21, 2022 – Page 3
_______________________________________________________________________________________

AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on December 15, 2022, in accordance with established policies and procedures.

PUBLIC NOTICES
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 243 Click Here to Return to Agenda
Palm Springs Airport Commission Report – December 21, 2022 Meeting Public Comments ‐ None
Introductions & Presentations:  New Riverside Country Representative – Paul Slama from Tribal Headquarters Cabazon Band of Indians and various other valley boards and new Assistant Airport Director – Jeremy Keating formally from Arizona – 25 years as private pilot and transitioned into airport management. Teresa Gallavan is still acting as Palm Springs City Manager.

Discussion and Action Items:

Airport Art Tour – Gary Armstrong of PS Art Museum along with airport staff identified which art was donated to the city but not specifically to the airport or its location.  Goal is to identify best location for airport collection and discuss care and handling of each piece.

Palm Springs Art Museum Artwork Loan Extension – Jay Varata, Community  & Economic Development Director for the museum states that an extension for 5 additional years for 7 pieces of art. They will also rotate art and supplement the collection. Some pieces were deemed too small and the museum will speak to the artists about enhancing a piece to make more impact. The City of PS provides the insurance on the art.

Palm Springs Air Museum Expansion – Fred Bell spoke on behalf of air museum and discussed the $3million expansion as well as rebuilding the front end of the museum and updating restrooms.

The expansion will extend 2.5 acres to the south. Visitation is heavy and 21% more than last year.

Operations, Properties and Facilities Committee Update – New concessions will make a presentation on Feb. 23rd. A week prior to Thanksgiving the Overflow Parking Lot opened. The lots have been 84% full and utilizing two shuttles to transfer passengers and their luggage to the terminal. Signage needs to be improved. The baggage handling system (approved by a former Airport Executive Director with no consultation with the airport commission) has not worked as had been anticipated.  The cost is projected to be $20 million for a new system. The city attorney is evaluating options that the airport may have.

Formation of Ad Hoc Design Review Committee – Paradies and Marshall (the two concession companies winning the airport contracts) will be reviewed by Aftab Dada, David Feltman, Kevin Corcoran, Kevin Wiseman, John Payne and Todd Burke
Formation of Ad Hoc Master Plan Review Committee‐ Afab Dada, Ken Hedrick, Scott Miller and Kevin Corcoran
2023 Airport Commission Meetings – Afab Dada, the commission Chair, made the motion that the airport commission only meet 5 times a year. This motion was met with severe opposition by several airport commissioners who feel more meetings and more sub‐committees need to be created. Afab stated that these meetings consume a lot of time from the airport staff and take them away from their responsibilities.  They are not the best use of their time. One commissioner proclaimed that airport staff have proven not capable of making sound decisions and used the 244 Click Here to Return to Agenda
baggage claim system as an example. Because it was becoming very heated, this will not be an agenda item to discuss in January. More drama is sure to follow….

Marketing Update: Marketing Director on vacation so his report was written and presented at the meeting. November set a new record of 17.4 % over previous year. Travel for Christmas is anticipated to be up 5% to 2021. Over 5400 additional departing seats compared to 2021 from 12/21 to 12/26.

Logo update provided new options: Consultant took info from over 500 community surveys and stakeholder meeting. More meetings will follow with goal of presentation to City Council in March/April.

Financial Summary Update: Victoria Carpenter, Airport Administration Manager stated that the airport budget and actual revenue are holding very close to expectation and all revenues will now increase with December through March anticipated passenger lift. Year to date (through November) emplaned passengers are 47.2% over 2021 and deplaned passengers are 45.7% over 2021. Rental cars will also escalate dramatically over the next four months including December and this is a major revenue stream for the airport. Federal Grants are closely monitored and the CARES grant for COVID with over $11 million will expire in May 2024. All other current grants expire in 2025‐2027. The staff is always searching for grants to apply for to improve the airport.

Projects and Airport Capital Improvement Program Update – three points were discussed:

1. Update on the subject of airlines – insurance and baggage handling with anticipated update end of January

2. WIFI – IT Manager for City of PS has been contacted who there are also issues of weak WIFI at City Hall. Airport has received complaints on this topic.

3. Homeless spending the night at the airport – USO (who closes at 10 pm each night) states they were not aware of homeless issue at airport nor that the homeless were trying to steal bags from the military.  Military flights drop off servicemen after 10 pm and many elect to just spend the night at the airport due to early flight in the morning. Hotels offer complimentary rooms based on availability according to Afab, but miliary are nervous about missing a wake‐up call, or getting transportation to/from airport.  The homeless are using the restrooms and sleeping on chairs or on the floor. The airport commission had been told last summer by former PS City Manager that the airport would not be affected at all by opening the homeless shelter across the street. Obviously, the cold weather is bringing them inside.

Commissioners Requests and Reports – None
Report of Council Actions ‐ None
Next Airport Commission meeting will be a regular meeting on Jan. 18, 2023 at 5:30 pm

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11. AIRPORT COMMISSION MEETING AGENDA
Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Wednesday, February 15, 2023 - 5:30 P.M.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference.

There will be in-person public access to the meeting location.

To submit your public comment to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.

This is a hybrid in-person and virtual meeting. To virtually observe the meeting or to virtually provide public comments, please use the following Zoom link
https://us02web.zoom.us/j/86019815290?pwd=ZitOZDIyeGZhNUNEQTVkU29nTUdPdz09 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916 City of Palm Springs: Riverside County:

Paul Slama
City of Cathedral City:

Tony Michaelis
City of Palm Desert:

Aftab Dada - Chair David Feltman Kevin Wiseman
Kevin J. Corcoran
Vice Chair Ken Hedrick City of Indian Wells:

Paul Budilo
City of Coachella:

Gabriel Martin
City of Rancho Mirage:

Vacant Gerald Adams Scott G. Miller
Patricia Breslin John Payne City of La Quinta:

Kathleen Hughes
City of Desert Hot Springs:

Jan Pye
City of Indio:

Todd Burke M. Guillermo Suero Jhan Schmitz
Palm Springs City Staff
Teresa Gallavan Harry Barrett Jr., A.A.E. Jeremy Keating Interim City Manager Airport Executive Director Assistant Airport Director

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE

2. POSTING OF AGENDA

3. ROLL CALL

4. ACCEPTANCE OF AGENDA

5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission

6. APPROVAL OF MINUTES: Minutes of the Airport Commission Regular Meeting of November 22, 2022

7. INTRODUCTIONS AND PRESENTATIONS

7.A Cathedral City Appointed Commissioner Tony Michaelis REPORTS AND INFORMATIONAL ITEM NO. 28
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Airport Commission Meeting Agenda
February 15, 2023 – Page 2
_______________________________________________________________________________________

8. DISCUSSION AND ACTION ITEMS:

8.A Working Groups

8.B USO Update

8.C Marketing Update

8.D Ad Hoc Design Review Committee Update

8.E Budget and Finance Committee Update

8.F Airport Mid-Year FY22/23 Budget Update

8.G Airport Staffing Update

8.H Projects and Airport Capital Improvement Program Update

9. EXECUTIVE DIRECTOR REPORT

10. COMMISSIONERS REQUESTS AND REPORTS

11. REPORT OF COUNCIL ACTIONS:

11.A Past City Council Actions

11.B Future City Council Actions

12. RECEIVE AND FILE:

12.A Airline Activity Report January 2023

12.B Airline Activity Report Fiscal Year Comparison

13. COMMITTEES:

13.A Future Committee Meetings
ADJOURNMENT:

The Airport Commission will adjourn to a Special Meeting on February 28, 2023, at 1:00 P.M.
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Airport Commission Meeting Agenda
February 15, 2023 – Page 3
_______________________________________________________________________________________

AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on February 9, 2023, in accordance with established policies and procedures.

PUBLIC NOTICES
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 249 Click Here to Return to Agenda
Palm Springs Airport Commission Report – February 15, 2022 Meeting Public Comments ‐ None
Introductions & Presentations:  Introduction of new Cathedral City Commissioner Tony Michaelis .

Discussion and Action Items:

Working Groups – The airport staff have created a means of how to prioritize their tasks and that of the airport commission committees requests so that one can easily review the status of a topic. I feel the airport staff is intimidated by the demands of the current airport commission. There are 3 bullies that dominate and disrupt the meetings. They are abrasive and not pleasant. They do not understand that the commission reports to City Council and believe the airport should be independent as a federal entity. Unfortunately, the Commission Chairman, Afab Dada is not effective in controlling them and keeping them on topic.  The airport staff created the working group concept to protect themselves. Several temporary flights have been added for Coachella USO Update ‐ The airport offered the USO assistance with additional funding for development of a free lodging program and other resources to support and expand their services.  The USO responded that it  doesn’t require being open 24/7 at this time.

Marketing Update ‐ The January 2023 total passenger count was 43.9% over 2022. However we must be mindful that COVID/Omicron impacted both January & February 2022.  The new airport logo will be presented in April to PS City Council.

Ad Hoc Design Review – New menus and design of the latest airport bar and signage is fresh and inviting. It definitely has a PS vibe to it!
Airport Staffing Update – The airport is severely understaffed compared to comparable other airports of similar size. This is not new – it has been true since 2021. The airport flights and passengers have increased significantly but the airport staff has not.  From 2012 – 2021 the airport had a staff of 80.  In 2022 the staff was increased to 92.5 but there are 13 vacancies that need to be filled. By 2024 there should be 114 staff positions.  The airport has been challenged with greater than anticipated growth, changing regulations from both the TSA and FAA, our need for data in every department, and a greater need than ever before for public safety.  Harry Barrett, the Airport Executive Director, has vision and believes the airport staff needs to grow but not have “overgrowth”. He is seeking ways that the airport can share resources and be more efficient. This will be a primary task for him and one that is imperative to get the right individual in the right space.

Airport Mid‐Year 2022/23 Budget Update ‐ The airport is flourishing due to its steady growth and federal funding received during the pandemic. The most profitable fund is the Customer Facilities which is based on car rentals. The airport gains $9 per day up to 5 days or $45 on every car rental.

This has provided a surplus of $767,000 to date at mid‐year.  Another source of recognition is the General Airport Operations Fund.
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Highlights from the General Operations Fund are:

The General Airport Operations Fund Revenue ended the first two quarters of the fiscal year with total revenue at $25.7 million. This is an increase of 108% from the first two quarters of fiscal year 2022 due to the collection of the Coronavirus Aid, Relief and Economic Security Act (CARES) and the Airport American Rescue Plan Act (ARPA) funds in the second quarter of FY23. Mid‐year highlights are presented below:
• The Airport received approximately $6.0 million from the CARES Act and approximately $6.0 million from the ARPA Act fund.
• On‐Airport Car Rental Fees increased by 4%. Car Rental Fees at mid‐year FY22 were approximately $3.9 million compared to FY23 at $4 million.
• Airport Leased Parking increased by 13% due to an increase in passenger traffic. Airport Leased Parking at mid‐year FY22 were approximately $2.5 million compared to FY23 at $2.8 million • Terminal Non‐Airlines Commercial Rentals growth of 92% is driven by CLEAR leasing terminal space and the increase in sales from the food and beverage and retail concessionaire.

Executive Director Report from Harry Barrett ‐ Covered in the Airport Mid‐Year Report and Airport Staffing Update
Commissioners Requests and Reports – None
Report of Council Actions ‐ None
Next Airport Commission meeting will be a special meeting on Feb. 28, 2023 at 1 pm. I will not be able to attend due to La Quinta Art Celebration Artist Registration at Wellness Center and event starting the next day.
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