Cities Index.
Agenda packet

La Quinta City Council
April 4, 2023

Document
Agenda packet
Meeting
April 4, 2023
Body
La Quinta City Council
Pages
38
Original file
29.6 MB
Text extracted from the city's file for reading and search. Open the original on www.laquintaca.gov. That file is the official record.

From Existing Conditions
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Valuation $394,938,416 $394,938,416 $394,938,416 $394,938,416 Calculation of Property Tax Revenue
Total Property Tax Collected by County at phase buildout1 $3,949,384 $3,949,384 $3,949,384 $3,949,384 Percent of Property Tax Allocated to City's General Fund 6.5% 6.5% 6.5% 6.5% Annual Property Tax revenue allocated to City $256,710 $256,710 $256,710 $256,710 From Future Development (Building values only)
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase - 598 2,393 2,991 Maximum density permitted (units/acre)1 3.00 3.00 3.00 3.00 Maximum potential units constructed during this phase 0 1,795 7,178 8,973 Number of total potential units constructed at buildout1 0 1,795 8,973 17,946 Median value per unit2 $792,500 $792,500 $792,500 $792,500 Total Value $0 $1,422,220,500 $7,111,102,500 $14,222,205,000 Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $14,222,205 $71,111,025 $142,222,050 Percent of Property Tax Allocated to City's General Fund3 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $924,443 $4,622,217 $9,244,433 Property Tax Revenue
3 La Quinta Finance Department
Buildout Phase
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC)
Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
Existing Conditions
(Includes all parcels, vacant and developed.)
Buildout Phase
1 Riverside County Assessor data, aquired November 2022. 2 Median sale price, December 2022
1 Assumes 3 DU/acre, consistent with City development patterns 333 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase 0.0 2.5 9.8 12.3 Maximum density permitted (units/acre)1 16.0 16.0 16.0 16.0 Maximum potential units constructed during this phase 0 39 157 197 Number of total potential units constructed at buildout 0 39 197 394 Average value per unit1 $225,000 $225,000 $225,000 $225,000 Total Value $0 $8,856,000 $44,280,000 $88,560,000
Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $88,560 $442,800 $885,600 Percent of Property Tax Allocated to City's General Fund2 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $5,756 $28,782 $57,564 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase 0.00 23.66 94.64 118.30 Square footage constructed during this phase 0.00 257,657 1,030,630 1,288,287 Total square footage constructed at phase buildout 0 257,657 1,288,287 2,576,574 Average value per square foot1 $170.92 $170.92 $170.92 $170.92 Total Value $0 $44,038,803 $220,194,014 $440,388,028
Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $440,388 $2,201,940 $4,403,880 Percent of Property Tax Allocated to City's General Fund 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $28,625 $143,126 $286,252 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase 0.00 3.99 15.96 19.95 Square footage constructed during this phase 0.00 43,451 173,804 217,256 Total square footage constructed at phase buildout 0 43,451 217,256 434,511 Average value per square foot1 $170.92 $170.92 $170.92 $170.92 Total Value $0 $7,426,662 $37,133,310 $74,266,620
Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $74,267 $371,333 $742,666 Percent of Property Tax Allocated to City's General Fund 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $4,827 $24,137 $48,273 2 La Quinta Finance Department
1 average value per square foot of new commercial development, per building permits 2019-2021, Palm Desert Building Department.

Zoning Designation: High Density Residential (16/AC)
Total Developable Acres: 24.6
No. of Potential Buildout Units: 394
Zoning Designation: Neighborhood Commercial
Total Developable Acres: 39.9
No. of Potential Buildout Sq. Ft.: 434,511
Zoning Designation: Community Commercial
Total Developable Acres: 236.6
No. of Potential Buildout Sq. Ft.: 2,576,574
Buildout Phase
Buildout Phase
Buildout Phase
1 average value per square foot of new commercial development, per building permits 2019-2021, Palm Desert Building Department. 1 based on average value of new multi-family dwelling unit, per building permits 2019-2021, Palm Desert Building Department, and average construction hard costs plus contingency of new multi-family dwelling unit at Millenium Palm Desert. 334 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase 0.00 6.46 25.84 32.30 Square footage constructed during this phase 0.00 98,489 393,957 492,446 Total square footage constructed at phase buildout 0 98,489 492,446 984,892 Average value per square foot1 $139.66 $139.66 $139.66 $139.66 Total Value $0 $13,754,996 $68,774,980 $137,549,961
Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $137,550 $687,750 $1,375,500 Percent of Property Tax Allocated to City's General Fund 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $8,941 $44,704 $89,407 Zoning Designation: Industrial
Total Developable Acres: 64.6
No. of Potential Buildout Sq. Ft.: 984,892
Buildout Phase
1 average value per square foot of new industrial/business park development, per building permits 2019-2021, Palm Desert Building Department. 335 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing conditions $256,710 $256,710 $256,710 $256,710 Future Low Density Residential $0 $924,443 $4,622,217 $9,244,433 Future High Density Residential $0 $5,756 $28,782 $57,564 Future Community Commercial $0 $28,625 $143,126 $286,252 Future Neighborhood Commercial $0 $4,827 $24,137 $48,273 Future Industrial $0 $8,941 $44,704 $89,407
Total annual Property Tax revenue at phase buildout: $256,710 $1,229,303 $5,119,675 $9,982,640 Property Tax Revenue Summary Table
Buildout Phase
Annual Property Tax revenue allocated to City from:
336 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Property Tax Revenue to City $256,710 $256,710 $256,710 $256,710 Percentage of Property Tax Revenue1 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $152,999 $152,999 $152,999 $152,999 From Future Development
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 598.20 2,392.80 2,991.00 Maximum density permitted (units/acre) 3.00 3.00 3.00 3.00 Maximum potential units constructed during this phase 0 1,795 7,178 8,973 Number of total potential units constructed at phase buildout 0 1,795 8,973 17,946 Property Tax Revenue Allocated to City $0 $924,443 $4,622,217 $9,244,433 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $550,968 $2,754,841 $5,509,682 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 2.46 9.84 12.30 Maximum density permitted (units/acre) 16.0 16.0 16.0 16.0 Maximum potential units constructed during this phase 0 39 157 197 Number of total potential units constructed at phase buildout 0 39 197 394 Property Tax Revenue Allocated to City $0 $5,756 $28,782 $57,564 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $3,431 $17,154 $34,308 Buildout Phase
Zoning Designation: High Density Residential (16/AC)
Total Developable Acres: 24.6
No. of Potential Buildout Units: 394
Land Use Buildout Data
Calculation of Annual Property Tax In Lieu of VLF revenue Property Tax In Lieu of Vehicle License Fees (VLF) Revenue Calculation of Annual Property Tax In Lieu of VLF revenue Land Use Buildout Data
Buildout Phase
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC)
Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
From Existing Conditions
Existing Conditions
(Includes all parcels, vacant and developed.)
Calculation of Annual Property Tax In Lieu of VLF revenue Buildout Phase
1 Per 2022/2023 Budget, PTINVLF is 59.6% of total property tax (not including RTTF passthrough) 337 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 23.66 94.64 118.30 Square footage constructed at Phase buildout 0 257,657 1,288,287 2,576,574 Property Tax Revenue Allocated to City $0 $28,625 $143,126 $286,252 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $17,061 $85,303 $170,606 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 3.99 15.96 19.95 Square footage constructed at Phase buildout 0 43,451 217,256 434,511 Property Tax Revenue Allocated to City $0 $4,827 $24,137 $48,273 Percentage of Property Tax Revenue 61% 61% 61% 61%
Annual Property Tax In Lieu of VLF revenue $0 $2,945 $14,723 $29,447 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 6.46 25.84 32.30 Square footage constructed at Phase buildout 0 98,489 492,446 984,892 Property Tax Revenue Allocated to City $0 $8,941 $44,704 $89,407 Percentage of Property Tax Revenue 61% 61% 61% 61%
Annual Property Tax In Lieu of VLF revenue $0 $5,454 $27,269 $54,539 Calculation of Annual Property Tax In Lieu of VLF revenue Zoning Designation: Industrial
Total Developable Acres: 64.6
No. of Potential Buildout Sq. Ft.: 984,892
Buildout Phase
Land Use Buildout Data
Zoning Designation: Community Commercial
Total Developable Acres: 236.6
No. of Potential Buildout Sq. Ft.: 856,711
Land Use Buildout Data
Calculation of Annual Property Tax In Lieu of VLF revenue Buildout Phase
Buildout Phase
Land Use Buildout Data
Calculation of Annual Property Tax In Lieu of VLF revenue Zoning Designation: Neighborhood Commercial
Total Developable Acres: 39.9
No. of Potential Buildout Sq. Ft.: 434,511
338 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Annual Property Tax In-Lieu VLF revenue to City from:

Existing conditions $152,999 $152,999 $152,999 $152,999 Future Low Density Residential $0 $550,968 $2,754,841 $5,509,682 Future High Density Residential $0 $3,431 $17,154 $34,308 Future Community Commercial $0 $17,061 $85,303 $170,606 Future Neighborhood Commercial $0 $2,945 $14,723 $29,447 Future Industrial $0 $5,454 $27,269 $54,539
Total annual Property Tax In-Lieu VLF revenue
at phase buildout: $152,999 $732,857 $3,052,290 $5,951,581 Buildout Phase
Motor Vehicle In-Lieu Revenue
Summary Table
339 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
New Units (100% of market value is subject to tax)
Number of acres developed - 598 2,393 2,991
Maximum Density permitted (units/acre) 3.0 3.0 3.0 3.0
Number of new units during this phase - 1,795 7,178 8,973 Market Value per unit $792,500 $792,500 $792,500 $792,500 Amount Subject to Property Transfer Tax for all new units sold $0 $1,422,220,500 $5,688,882,000 $7,111,102,500 Property Transfer Tax Rate 0.11% 0.11% 0.11% 0.11%
Total Property Transfer Tax Collected at Phase Buildout $0 $1,564,443 $6,257,770 $7,822,213 Percent of Property Transfer Tax allocated to City 50% 50% 50% 50% Total Property Transfer Tax Allocated to City General Fund $0 $782,221 $3,128,885 $3,911,106 Existing Units (80% of market value is subject to tax)
Number of Units changing ownership 0 179 718 897
Property Value per dwelling unit $792,500 $792,500 $792,500 $792,500 Unencumbered Value per unit (80% of value) $634,000 $634,000 $634,000 $634,000 Amount subject to Property Transfer Tax $0 $113,777,640 $455,110,560 $568,888,200 Property Transfer Tax Rate 0.11% 0.11% 0.11% 0.11%
Total Property Transfer Tax Collected $0 $125,155 $500,622 $625,777 Percent of Property Transfer Tax allocated to City 50% 50% 50% 50% Total Property Transfer Tax Allocated to City General Fund $0 $62,578 $250,311 $312,889 Total Property Transfer Tax (New and Existing Units) $0 $844,799 $3,379,196 $4,223,995 Property Transfer Tax Revenue
Buildout Phase
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC) Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
340 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Future Low Density Residential $0 $844,799 $3,379,196 $4,223,995 Total annual Property Transfer Tax revenue at phase buildout: $0 $844,799 $3,379,196 $4,223,995 Annual Property Transfer Tax revenue to City from:

Buildout Phase
Property Transfer Tax Revenue Summary Table
341 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Taxable Sales
Base sales tax collected by City $0 $0 $0 $0
Measure G sales tax collected by City $0 $0 $0 $0
Annual sales tax revenue collected by City $0 $0 $0 $0
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during this phase 0.0 23.7 94.6 118.3 Number of acres developed at phase buildout 0.0 23.7 118.3 236.6 Number of square feet developed during this phase 0 257,657 1,030,630 1,288,287 Number of square feet developed at phase buildout 0 257,657 1,288,287 2,576,574 Percent leasable space 90% 90% 90% 90%
No. of leasable square feet 0 231,892 1,159,458 2,318,917 Percent of leasable sq. ft. considered "Retail Commercial" 80% 80% 80% 80% No. of leasable sq. ft. considered "Retail Commercial" 0 185,513 1,159,458 2,318,917 Ave. annual sales volume per sq. ft. $283.00 $283.00 $283.00 $283.00 Total annual sales from "Retail Commercial" development $0 $52,500,272 $328,126,699 $656,253,398 Total annual sales at phase buildout $0 $52,500,272 $328,126,699 $656,253,398 City sales tax rate 1.00% 1.00% 1.00% 1.00%
Base sales tax collected by City - 525,003 3,281,267 6,562,534 Measure G tax rate 1.00% 1.00% 1.00% 1.00%
Measure G sales tax collected by City1 - 603,753 3,773,457 7,546,914 Annual sales tax revenue collected by City at phase buildout $0 $1,128,756 $7,054,724 $14,109,448 County-wide Measure A tax rate 0.50% 0.50% 0.50% 0.50%
Amount collected for County-wide Measure A fund $0 $262,501 $1,640,633 $3,281,267 Percent allocated to the Coachella Valley region 2 20% 20% 20% 20% Amount allocated to the Coachella Valley region $0 $52,500 $328,127 $656,253 Percent allocated to local streets and roads 2 35% 35% 35% 35% Amount allocated to local streets and roads $0 $18,375 $114,844 $229,689 Percent allocated to City 3 20% 20% 20% 20%
Amount allocated to City $0 $3,675 $22,969 $45,938
Calculation of Total Sales Tax Revenues
Calculation of Measure A Revenues
2 Measure A distribution data provided by John Standiford, Deputy Executive Director, Riverside County Transportation Commission, Dec. 30, 2021. 1 Includes 15% above 1% per historic performance -- assumed to be off-site delivery increase "Retail Commercial" Development
Sales Tax Revenue, Measure G Revenue
Measure A Revenue
Calculation of Total Leasable Square Feet
From Future Commercial Development
Zoning Designation: Community Commercial
Total Developable Acres: 236.6
No. of Potential Buildout Sq. Ft.: 856,711
Buildout Phase
Land Use Data
Existing Conditions
Existing Sales Tax Collected
Buildout Phase
342 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during this phase 0.0 4.0 16.0 20.0 Number of acres developed at phase buildout 4.0 20.0 20.0 Number of square feet developed during this phase 0 43,451 173,804 217,256 Number of square feet developed at phase buildout 0 43,451 217,256 434,511 Percent leasable space 90% 90% 90% 90%
No. of leasable square feet 0 39,106 195,530 391,060
Percent of leasable sq. ft. considered "Retail Commercial" 80% 80% 80% 80% No. of leasable sq. ft. considered "Retail Commercial" 0 31,285 195,530 391,060 Ave. annual sales volume per sq. ft. $283.00 $283.00 $283.00 $283.00 Total annual sales from "Retail Commercial" development $0 $8,853,596 $55,334,976 $110,669,952 Total annual sales at phase buildout $0 $8,853,596 $55,334,976 $110,669,952 City sales tax rate 1.00% 1.00% 1.00% 1.00%
Base sales tax collected by City - 88,536 553,350 1,106,700 Measure G tax rate 1.00% 1.00% 1.00% 1.00%
Measure G sales tax collected by City1 $0 $101,816 $636,352 $1,272,704 Annual sales tax revenue collected by City at phase buildout $0 $190,352 $1,189,702 $2,379,404 County-wide Measure A tax rate 0.50% 0.50% 0.50% 0.50%
Amount collected for County-wide Measure A fund $0 $44,268 $276,675 $553,350 Percent allocated to the Coachella Valley region 1 20% 20% 20% 20% Amount allocated to the Coachella Valley region $0 $8,854 $55,335 $110,670 Percent allocated to local streets and roads 1 35% 35% 35% 35% Amount allocated to local streets and roads $0 $3,099 $19,367 $38,734 Percent allocated to City 1 20% 20% 20% 20%
Amount allocated to City $0 $620 $3,873 $7,747
Zoning Designation: Neighborhood Commercial
Total Developable Acres: 39.9
No. of Potential Buildout Sq. Ft.: 434,511
Buildout Phase
Land Use Data
Calculation of Total Leasable Square Feet
"Retail Commercial" Development
Calculation of Total Sales Tax Revenues
1 Includes 15% above 1% per historic performance -- assumed to be off-site delivery increase Calculation of Measure A Revenues1
1 Measure A distribution data provided by John Standiford, Deputy Executive Director, Riverside County Transportation Commission, Dec. 30, 2021. 343 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Sales Tax $0 $0 $0 $0
Future Community Commercial $0 $1,128,756 $7,054,724 $14,109,448 Future Neighborhood Commercial $0 $190,352 $1,189,702 $2,379,404 Total annual Sales Tax revenue at phase buildout: $0 $1,319,108 $8,244,426 $16,488,852 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Future Community Commercial $0 $3,675 $22,969 $45,938
Future Neighborhood Commercial $0 $620 $3,873 $7,747
Total annual Measure A revenue at phase buildout: $0 $4,295 $26,842 $53,685 Annual Measure A revenue to City from:

Buildout Phase
Sales Tax Revenue Summary Table
Annual Sales Tax revenue to City from:

Buildout Phase
Measure A Revenue Summary Table
344 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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From Existing Conditions
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current TOT Collected by County $437,183 $437,183 $437,183 $437,183 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during this phase 0 598 2,393 2,991 Number of acres developed at phase buildout 0 598 2,991 2,991 Number of units developed during this phase 0 1,795 7,178 8,973 Number of units developed at phase buildout 0 1,795 8,973 17,946 Participation Rate 10% 10% 10% 10%
Total STVRs at Phase Buildout 0 179 897 1795
Average rate ($ per night) $365.00 $365.00 $365.00 $365.00 Average occupancy rate 50% 50% 50% 50%
Annual revenue from all rooms at phase buildout $0 $11,954,279 $59,771,396 $119,542,793 City's Transient Occupancy Tax Rate 10% 10% 10% 10%
City's annual TOT revenue at phase buildout $0 $1,195,428 $5,977,140 $11,954,279 Transient Occupancy Tax Revenue
From Future Short Term Vacation Rentals
Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
Buildout Phase
Land Use Buildout Data
Calculation of TOT Revenue
Existing Conditions
Transient Occupancy Tax Collected by County
2020/2021 Fiscal Year
Buildout Phase
345 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing STVRs $437,183 $437,183 $437,183 $437,183
Future STVRs $0 $1,195,428 $5,977,140 $11,954,279
Total annual TOT revenue at phase buildout: $437,183 $1,632,611 $6,414,323 $12,391,462 Annual TOT revenue to City from:

Buildout Phase
TOT Revenue
Summary Table
346 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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From Existing Conditions
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Housing Units 425 425 425 425
Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 1,007 1,007 1,007 1,007 Estimated annual per capita gas tax revenue 2 $30.18 $30.18 $30.18 $30.18 Annual gas tax revenue at phase buildout $30,399 $30,399 $30,399 $30,399 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase - 598 2,393 2,991 Numbers of acres developed at phase buildout - 598 2,991 2,991 Number of potential units constructed during this phase - 1,795 7,178 8,973 Number of potential units at phase buildout - 1,795 8,973 17,946 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 4,253 21,266 42,532 Estimated annual per capita gas tax revenue 2 $30.18 $30.18 $30.18 $30.18 Annual gas tax revenue at phase buildout $0 $128,362 $641,808 $1,283,616 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase 0.0 2.5 9.8 12.3 Numbers of acres developed at phase buildout 0.0 2.5 12.3 12.3 Number of potential units constructed during this phase 0 39 157 197 Number of potential units at phase buildout 0 39 197 197 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 93 466 466
Estimated annual per capita gas tax revenue 2 $30.18 $30.18 $30.18 $30.18 Annual gas tax revenue at phase buildout $0 $2,815 $14,076 $14,076 2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).
2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Zoning Designation: High Density Residential (16/AC)
Total Developable Acres: 24.6
No. of Potential Buildout Units: 394
Buildout Phase
Calculation of Annual Gas Tax Revenue
1 California Department of Finance, January 1, 2022.

Calculation of Annual Gas Tax Revenue
Gas Tax Revenue
1 California Department of Finance, January 1, 2022.

Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
Buildout Phase
Existing Housing Units
Buildout Phase
Calculation of Annual Gas Tax Revenue
1 California Department of Finance, January 1, 2022.
2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).
347 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 16 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Units $30,399 $30,399 $30,399 $30,399
Future Low Density Residential $0 $128,362 $641,808 $1,283,616 Future High Density Residential $0 $2,815 $14,076 $14,076 Total Annual Gas Tax Revenue at phase buildout: $30,399 $161,576 $686,283 $1,328,092 Buildout Phase
Annual Gas Tax revenue to City from:

Gas Tax Revenue
Summary Table
348 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 17 of 29 ends

From Existing Conditions
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Housing Units 425 425 425 425
Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 1,007 1,007 1,007 1,007 Estimated annual per capita franchise revenue 2 $55.34 $55.34 $55.34 $55.34 Annual franchise revenue at phase buildout $55,741 $55,741 $55,741 $55,741 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase - 598 2,393 2,991 Numbers of acres developed at phase buildout - 598 2,991 5,982 Number of potential units constructed during this phase - 1,795 7,178 8,973 Number of potential units at phase buildout - 1,795 8,973 17,946 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 4,253 21,266 42,532 Estimated annual per capita franchise revenue 2 $55.34 $55.34 $55.34 $55.34 Annual franchise revenue at phase buildout $0 $235,372 $1,176,861 $2,353,722 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase 0.00 2.46 9.84 12.30 Numbers of acres developed at phase buildout 0.00 2.46 12.30 12.30 Number of potential units constructed during this phase 0 39 157 197 Number of potential units at phase buildout 0 39 197 197 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 93 466 466
Estimated annual per capita franchise revenue 2 $30.18 $30.18 $30.18 $30.18 Annual franchise revenue at phase buildout $0 $2,815 $14,076 $14,076 1 California Department of Finance, January 1, 2022.
2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Calculation of Annual Franchise Revenue
1 California Department of Finance, January 1, 2022.

Calculation of Annual Franchise Revenue
Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
Buildout Phase
Franchise Fees Revenue
2 Franchise tax revenue $2,095,000 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Zoning Designation: High Density Residential (16/AC)
Total Developable Acres: 24.6
No. of Potential Buildout Units: 394
Buildout Phase
Existing Housing Units
Buildout Phase
Calculation of Annual Franchise Revenue
1 California Department of Finance, January 1, 2022.
2 Franchise tax revenue $2,095,000 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).
349 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 18 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Units $55,741 $55,741 $55,741 $55,741
Future Low Density Residential $0 $235,372 $1,176,861 $2,353,722 Future High Density Residential $0 $2,815 $14,076 $14,076 Total annual Franchise Fee revenue at phase
buildout: $55,741 $293,929 $1,246,679 $2,423,540
Annual Franchise Fee revenue to City from:

Buildout Phase
Franchise Fees Revenue
Summary Table
350 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 19 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of units constructed during this phase 0 1,795 7,178 8,973 DIF per unit $9,380 $9,380 $9,380 $9,380
Total DIF collected $0 $16,833,348 $67,333,392 $84,166,740 Number of units constructed during this phase 0 39 157 197 DIF per unit $6,113 $6,113 $6,113 $6,113
Total DIF collected $0 $240,608 $962,431 $1,203,038
Number of SF constructed during this phase - 257,657 1,030,630 1,288,287 DIF per 1,000 SF $9,191 $9,191 $9,191 $9,191
Total DIF collected $0 $2,368,129 $9,472,517 $11,840,646 Number of SF constructed during this phase - 43,451 173,804 217,256 DIF per 1,000 SF $9,191 $9,191 $9,191 $9,191
Total DIF collected $0 $399,359 $1,597,436 $1,996,795
Number of SF constructed during this phase - 98,489 393,957 492,446 DIF per 1,000 SF1 $7,589 $7,589 $7,589 $7,589
Total DIF collected $0 $747,434 $2,989,737 $3,737,171
Total Revenue for that phase $0 $20,588,878 $82,355,513 $102,944,391 Development Impact Fees - New Development
Buildout Phase
From future Low Density Residential Development
From future High Density Residential
From future Community Commercial
From future Neighborhood Commercial
From future Industrial
1 The City does not have a DIF for Industrial development. The Office/Medical DIF has been assumed for purposes of analysis. 351 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 20 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4 (Build
Out)
Current Units 425 425 425 425
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 1,007 1,007 1,007 1,007 Calculating Annual Costs of General Government
Cost of General Government (per capita)1 $374.89 $374.89 $374.89 $374.89 Total annual cost of General Government at phase buildout $377,608 $377,608 $377,608 $377,608 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0 598 2393 2991
Maximum density permitted (units/acre) 3 3 3 3
Maximum potential units constructed during this phase 0 1,795 7,178 8,973 Number of total potential units constructed at phase buildout 0 1,795 8,973 17,946 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 4,253 21,266 42,532 Calculating Annual Costs of General Government
Cost of General Government (per capita)1 $374.89 $374.89 $374.89 $374.89 Total annual cost of General Government at phase buildout $0 $1,594,483 $7,972,414 $15,944,829 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0.00 2.46 9.84 12.30 Maximum density permitted (units/acre) 16 16 16 16
Maximum potential units constructed during this phase 0 39 157 197 Number of total potential units constructed at phase buildout 0 39 197 394 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 93 466 933 Calculating Annual Costs of General Government
Cost of General Government (per capita)1 $374.89 $374.89 $374.89 $374.89 Total annual cost of General Government at phase buildout $0 $34,971 $174,855 $349,709 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Community Resources, Wellness Center, Recreation Programs, Park Maintenance, Marketing, Public Buildings, Design & Development, Planning, Building, Code Compliance/Animal Control, and Engineering Services.

Costs of General Government
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC) Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Community Resources, Wellness Center, Recreation Programs, Park Maintenance, Marketing, Public Buildings, Design & Development, Planning, Building, Code Compliance/Animal Control, and Engineering Services.

Buildout Phase
Zoning Designation: High Density Residential (16/AC)
Total Developable Acres: 24.6
No. of Potential Buildout Units: 394
Buildout Phase
Existing Conditions
425 Existing Homes
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Community Resources, Wellness Center, Recreation Programs, Park Maintenance, Marketing, Public Buildings, Design & Development, Planning, Building, Code Compliance/Animal Control, and Engineering Services. 352 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 21 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Development $377,608 $377,608 $377,608 $377,608 Future Low Density Residential $0 $1,594,483 $7,972,414 $15,944,829 Future High Density Residential $0 $34,971 $174,855 $349,709 Total annual General Government Costs at phase buildout: $377,608 $2,007,062 $8,524,877 $16,672,146 Costs of General Government
Summary Table
Buildout Phase
Annual General Government Costs from:
353 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 22 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4 (Build
Out)
Current Units 425 425 425 425
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 1,007 1,007 1,007 1,007 Calculating Annual Costs of Public Works
Cost of Public Works (per capita)1 $54.48 $54.48 $54.48 $54.48 Total annual cost of Public Works at phase buildout $54,875 $54,875 $54,875 $54,875 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 598 2,393 2,991 Maximum density permitted (units/acre) 3 3 3 3
Maximum potential units constructed during this phase 0 1,795 7,178 8,973 Number of total potential units constructed at phase buildout 0 1,795 8,973 17,946 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 4,253 21,266 42,532 Calculating Annual Costs of Public Works
Cost of Public Works (per capita)1 $54.48 $54.48 $54.48 $54.48 Total annual cost of Public Works at phase buildout $0 $231,714 $1,158,572 $2,317,144 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0.00 2.46 9.84 12.30 Maximum density permitted (units/acre) 16 16 16 16
Maximum potential units constructed during this phase 0 39 157 197 Number of total potential units constructed at phase buildout 0 39 197 394 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 93 466 933 Calculating Annual Costs of Public Works
Cost of Public Works (per capita)1 $54.48 $54.48 $54.48 $54.48 Total annual cost of Public Works at phase buildout $0 $5,082 $25,410 $50,821 Zoning Designation: High Density Residential (16/AC)
Total Developable Acres: 24.6
No. of Potential Buildout Units: 394
Buildout Phase
Costs of Public Works
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC)
Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Public Works Administration, Development Services, Streets Existing Conditions
425 Existing Homes
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Public Works Administration, Development Services, Streets 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Public Works Administration, Development Services, Streets 354 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 23 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Residential $54,875 $54,875 $54,875 $54,875
Future Low Density Residential $0 $231,714 $1,158,572 $2,317,144 Future High Density Residential $0 $5,082 $25,410 $50,821 Total annual Public Works Costs at phase buildout: $54,875 $291,671 $1,238,858 $2,422,840 Annual Public Works Costs from:

Costs of Public Works
Summary Table
Buildout Phase
355 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 24 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Units 425 425 425 425
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 1,007 1,007 1,007 1,007 Calculating Annual Costs of Police Protection
Cost of Police Services (per capita)1 $480.35 $480.35 $480.35 $480.35 Total annual cost of Police Protection at phase
buildout $483,833 $483,833 $483,833 $483,833
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 598 2,393 2,991 Maximum density permitted (units/acre) 3 3 3 3
Maximum potential units constructed during this phase 0 1,795 7,178 8,973 Number of total potential units constructed at phase
buildout 0 1,795 8,973 17,946
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 4,253 21,266 42,532 Calculating Annual Costs of Police Protection
Cost of Police Services (per capita)1 $480.35 $480.35 $480.35 $480.35 Total annual cost of Police Protection at phase
buildout $0 $2,043,026 $10,215,128 $20,430,256
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0.00 2.46 9.84 12.30 Maximum density permitted (units/acre) 16 16 16 16
Maximum potential units constructed during this phase 0 39 157 197 Number of total potential units constructed at phase
buildout 0 39 197 394
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 93 466 933 Calculating Annual Costs of Police Protection
Cost of Police Services (per capita)1 $480.35 $480.35 $480.35 $480.35 Total annual cost of Police Protection at phase
buildout $0 $44,809 $224,043 $448,086
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Costs of Police Protection
Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
Buildout Phase
Zoning Designation: High Density Residential (16/AC)
Total Developable Acres: 24.6
No. of Potential Buildout Units: 394
Buildout Phase
Existing Conditions
425 Existing Homes
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police. 356 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 25 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Residential Units $483,833 $483,833 $483,833 $483,833 Future Low Density Residential $0 $2,043,026 $10,215,128 $20,430,256 Future High Density Residential $0 $44,809 $224,043 $448,086 Total annual Police Protection Costs at phase
buildout: $483,833 $2,571,667 $10,923,003 $21,362,174
Annual Police Protection Costs from:

Buildout Phase
Costs of Police Protection
Summary Table
357 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 26 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Units 425 425 425 425
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 1,007 1,007 1,007 1,007 Calculating Annual Costs of Fire Protection
Cost of Fire Protection (per capita)1 $233.81 $233.81 $233.81 $233.81 Total annual cost of Fire Protection at phase buildout $235,505 $235,505 $235,505 $235,505 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 598 2,393 2,991 Maximum density permitted (units/acre) 3 3 3 3
Maximum potential units constructed during this phase 0 1,795 7,178 8,973 Number of total potential units constructed at phase
buildout 0 1,795 8,973 17,946
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 4,253 21,266 42,532 Calculating Annual Costs of Fire Protection
Cost of Fire Protection (per capita)1 $233.81 $233.81 $233.81 $233.81 Total annual cost of Fire Protection at phase buildout $0 $994,441 $4,972,206 $9,944,412 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0.00 2.46 9.84 12.30 Maximum density permitted (units/acre) 16 16 16 16
Maximum potential units constructed during this phase 0 39 157 197 Number of total potential units constructed at phase
buildout 0 39 197 394
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 93 466 933 Calculating Annual Costs of Fire Protection
Cost of Fire Protection (per capita)1 $233.81 $233.81 $233.81 $233.81 Total annual cost of Fire Protection at phase buildout $0 $21,811 $109,053 $218,105 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Costs of Fire Protection
Existing Conditions
425 Existing Homes
Buildout Phase
Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 5,982
No. of Potential Buildout Units: 17,946
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Zoning Designation: High Density Residential (16/AC)
Total Developable Acres: 24.6
No. of Potential Buildout Units: 394
Buildout Phase
358 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 27 of 29 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Residential Units $235,505 $235,505 $235,505 $235,505 Future Low Density Residential $0 $994,441 $4,972,206 $9,944,412 Future High Density Residential $0 $21,811 $109,053 $218,105 Total annual Fire Protection Costs at phase buildout: $235,505 $1,251,757 $5,316,764 $10,398,022 Annual Fire Protection Costs from:

Costs of Fire Protection
Summary Table
Buildout Phase
359 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 28 of 29 ends

Phase 1
(At
Annexation)
Phase 2 (10%
of Vacant
Land
Developed)
Phase 3
(50% of Vacant
Land Developed)
Phase 4
(Build Out)
Property Tax
County RPTTF $285,000 $285,000 $285,000 $285,000
Property Tax in Lieu of VLF $152,999 $732,857 $3,052,290 $5,951,581 Property Transfer Tax $0 $844,799 $3,379,196 $4,223,995 Sales Tax & Measure G $0 $1,319,108 $8,244,426 $16,488,852 Transient Occupancy Tax $437,183 $1,632,611 $6,414,323 $12,391,462 Franchise Fees $55,741 $293,929 $1,246,679 $2,423,540
Subtotal, General Fund $930,923 $5,108,304 $22,621,913 $41,764,430 Gas Tax $30,399 $161,576 $686,283 $1,328,092
Measure A $0 $4,295 $26,842 $53,685
Subtotal, Special Revenue Funds $30,399 $165,870 $713,126 $1,381,776 Total, All Revenues $991,721 $5,440,045 $24,048,165 $44,527,982 Costs of General Government $377,608 $2,007,062 $8,524,877 $16,672,146 Costs of Public Works $54,875 $291,671 $1,238,858 $2,422,840 Costs of Police Protection $483,833 $2,571,667 $10,923,003 $21,362,174 Costs of Fire Protection $235,505 $1,251,757 $5,316,764 $10,398,022 Total Annual Costs $1,151,821 $6,122,157 $26,003,502 $50,855,183 Balance at Phase Buildout -$160,100 -$682,112 -$1,955,337 -$6,327,200 Total Development Impact Fees $0 $20,588,878 $82,355,513 $102,944,391 Total Development Impact Fee Revenues $0 $20,588,878 $82,355,513 $102,944,391 DEVELOPMENT IMPACT FEE REVENUES (One time only)
Total Potential Costs/Revenues Summary Table
Buildout Phase
Special Revenue Funds:

General Fund:

ANNUAL REVENUES

ANNUAL COSTS
360 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 29 of 29 ends

Phase 1
(At
Annexation)
Phase 2 (10%
of Vacant
Land
Developed)
Phase 3
(50% of Vacant
Land Developed)
Phase 4
(Build Out)
Property Tax $256,710 $1,229,303 $5,119,675 $9,982,640
Property Tax in Lieu of VLF $152,999 $732,857 $3,052,290 $5,951,581 Property Transfer Tax $0 $844,799 $3,379,196 $4,223,995 Sales Tax & Measure G $0 $1,319,108 $8,244,426 $16,488,852 Transient Occupancy Tax $437,183 $1,632,611 $6,414,323 $12,391,462 Franchise Fees $55,741 $293,929 $1,246,679 $2,423,540
Subtotal, General Fund $902,633 $6,052,607 $27,456,588 $51,462,070 Gas Tax $30,399 $161,576 $686,283 $1,328,092
Measure A $0 $4,295 $26,842 $53,685
Subtotal, Special Revenue Funds $30,399 $165,870 $713,126 $1,381,776 Total, All Revenues $963,431 $6,384,348 $28,882,840 $54,225,623 Costs of General Government $377,608 $2,007,062 $8,524,877 $16,672,146 Costs of Public Works $54,875 $291,671 $1,238,858 $2,422,840 Costs of Police Protection $483,833 $2,571,667 $10,923,003 $21,362,174 Costs of Fire Protection $235,505 $1,251,757 $5,316,764 $10,398,022 Total Annual Costs $1,151,821 $6,122,157 $26,003,502 $50,855,183 Balance at Phase Buildout -$188,390 $262,191 $2,879,338 $3,370,440 Total Development Impact Fees $0 $20,588,878 $82,355,513 $102,944,391 Total Development Impact Fee Revenues $0 $20,588,878 $82,355,513 $102,944,391

ANNUAL COSTS
DEVELOPMENT IMPACT FEE REVENUES (One time only)
Total Potential Costs/Revenues Summary Table
Buildout Phase

ANNUAL REVENUES
General Fund:

Special Revenue Funds:
361 Click Here to Return to Agenda
B
Appendix B
Expanded Sphere:

Detailed Cost/Revenue Tables
362 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 1 of 38 ends

From Existing Conditions
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Valuation $354,004,620 $354,004,620 $354,004,620 $354,004,620 Calculation of Property Tax Revenue
Total Property Tax Collected by County at phase buildout1 $3,540,046 $3,540,046 $3,540,046 $3,540,046 Percent of Property Tax Allocated to City's General Fund 6.5% 6.5% 6.5% 6.5% Annual Property Tax revenue allocated to City $230,103 $230,103 $230,103 $230,103 From Future Development (Building values only)
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase - 177 707 884
Maximum density permitted (units/acre)1 2 2 2 2
Maximum potential units constructed during this phase 0 354 1,414 1,768 Number of total potential units constructed at buildout1 0 354 1,768 3,536 Median value per unit2 $792,500 $792,500 $792,500 $792,500 Total Value $0 $280,228,000 $1,401,140,000 $2,802,280,000 Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $2,802,280 $14,011,400 $28,022,800 Percent of Property Tax Allocated to City's General Fund3 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $182,148 $910,741 $1,821,482 Property Tax Revenue
Buildout Phase
Existing Conditions
(Includes all parcels, vacant and developed.)
1 Riverside County Assessor data, aquired November 2022.

Zoning Designation: Very Low Density Residential (2/AC) Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
1 Assumes 2 DU/acre, consistent with City development patterns 2 Median sale price, December 2022
3 La Quinta Finance Department
363 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 2 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase - 33 132 165
Maximum density permitted (units/acre)1 3 3 3 3
Maximum potential units constructed during this phase 0 99 395 494 Number of total potential units constructed at buildout1 0 99 494 987 Median value per unit2 $792,500 $792,500 $792,500 $792,500 Total Value $0 $78,219,750 $391,098,750 $782,197,500
Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $782,198 $3,910,988 $7,821,975 Percent of Property Tax Allocated to City's General Fund3 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $50,843 $254,214 $508,428 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase - 45 179 224
Maximum density permitted (units/acre)1 8 8 8 8
Maximum potential units constructed during this phase 0 358 1,430 1,788 Number of total potential units constructed at buildout1 0 358 1,788 3,576 Median value per unit2 $792,500 $792,500 $792,500 $792,500 Total Value $0 $283,398,000 $1,416,990,000 $2,833,980,000 Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $2,833,980 $14,169,900 $28,339,800 Percent of Property Tax Allocated to City's General Fund3 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $184,209 $921,044 $1,842,087 3 La Quinta Finance Department
2 Median sale price, December 2022
3 La Quinta Finance Department
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
Buildout Phase
2 Median sale price, December 2022
1 Assumes 3 DU/acre, consistent with City development patterns Zoning Designation: Medium Density Residential (8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
Buildout Phase
1 Assumes 8 DU/acre, consistent with City zoning
364 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 3 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase 0.0 3.5 14.0 17.5 Maximum density permitted (units/acre)1 16.0 16.0 16.0 16.0 Maximum potential units constructed during this phase 0 56 223 279 Number of total potential units constructed at buildout 0 56 279 558 Average value per unit1 $225,000 $225,000 $225,000 $225,000 Total Value $0 $12,564,000 $62,820,000 $125,640,000
Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $125,640 $628,200 $1,256,400 Percent of Property Tax Allocated to City's General Fund2 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $8,167 $40,833 $81,666 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase 0.0 23.7 94.6 118.3 Square footage constructed during this phase 0.0 257,549 1,030,194 1,288,034 Total square footage constructed at phase buildout 0 257,549 1,287,743 2,575,777 Average value per square foot1 $170.92 $170.92 $170.92 $170.92 Total Value $0 $44,020,190 $220,100,948 $440,251,719
Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $440,202 $2,201,009 $4,402,517 Percent of Property Tax Allocated to City's General Fund 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $28,613 $143,066 $286,164 2 La Quinta Finance Department
Zoning Designation: High Density Residential (16/AC)
Total Developable Acres:35
No. of Potential Buildout Units: 559
Zoning Designation: Community Commercial
Total Developable Acres: 236.5
No. of Potential Buildout Sq. Ft.: 2,575,777
Buildout Phase
Buildout Phase
1 average value per square foot of new commercial development, per building permits 2019-2021, Palm Desert Building Department. 1 based on average value of new multi-family dwelling unit, per building permits 2019-2021, Palm Desert Building Department, and average construction hard costs plus contingency of new multi-family dwelling unit at Millenium Palm Desert. 365 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 4 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Calculation of Property Tax Revenue
Number of acres developed during phase 0.00 44.50 178 222.50 Square footage constructed during this phase 0.00 678,447 2,713,788 3,214,030 Total square footage constructed at phase buildout 0 678,447 3,392,235 6,606,265 Average value per square foot1 $139.66 $139.66 $139.66 $139.66 Total Value $0 $94,751,908 $473,759,540 $922,630,970
Property Tax Rate 1% 1% 1% 1%
Total Property Tax Collected by County at Phase Buildout $0 $947,519 $4,737,595 $9,226,310 Percent of Property Tax Allocated to City's General Fund 6.50% 6.50% 6.50% 6.50% Annual Property Tax revenue allocated to City $0 $61,589 $307,944 $599,710 Zoning Designation: Industrial (includes 40.96 AC of
private land at Airport, designated MC)
Total Developable Acres: 445
No. of Potential Buildout Sq. Ft.: 6,606,265
Buildout Phase
1 average value per square foot of new industrial/business park development, per building permits 2019-2021, Palm Desert Building Department. 366 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 5 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing conditions $230,103 $230,103 $230,103 $230,103 Future Very Low Density Residential $0 $182,148 $910,741 $1,821,482 Future Low Density Residential $0 $50,843 $254,214 $508,428 Future Medium Density Residential $0 $184,209 $921,044 $1,842,087 Future High Density Residential $0 $8,167 $40,833 $81,666 Future Community Commercial $0 $28,613 $143,066 $286,164 Future Industrial $0 $61,589 $307,944 $599,710
Total annual Property Tax revenue at phase buildout: $230,103 $745,671 $2,807,944 $5,369,640 Property Tax Revenue
Summary Table
Buildout Phase
Annual Property Tax revenue allocated to City from:
367 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 6 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Property Tax Revenue to City $230,103 $230,103 $230,103 $230,103 Percentage of Property Tax Revenue1 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $137,141 $137,141 $137,141 $137,141 From Future Development
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 176.80 707.20 884.00 Maximum density permitted (units/acre) 2.00 2.00 2.00 2.00 Maximum potential units constructed during this phase 354 1,414 1,768 Number of total potential units constructed at phase
buildout 0 354 1,768 3,536
Property Tax Revenue Allocated to City $0 $182,148 $910,741 $1,821,482 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $108,560 $542,802 $1,085,603 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 32.90 131.60 164.50 Maximum density permitted (units/acre) 3.00 3.00 3.00 3.00 Maximum potential units constructed during this phase 0 99 395 494 Number of total potential units constructed at phase
buildout 0 99 494 987
Property Tax Revenue Allocated to City $0 $50,843 $254,214 $508,428 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $30,302 $151,512 $303,023 Property Tax In Lieu of Vehicle License Fees (VLF) Revenue Calculation of Annual Property Tax In Lieu of VLF revenue Land Use Buildout Data
Buildout Phase
Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
From Existing Conditions
Existing Conditions
(Includes all parcels, vacant and developed.)
Calculation of Annual Property Tax In Lieu of VLF revenue Buildout Phase
1 Per 2022/2023 Budget, PTINVLF is 59.6% of total property tax (not including RTTF passthrough) Zoning Designation: Very Low Density Residential
Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
Land Use Buildout Data
Calculation of Annual Property Tax In Lieu of VLF revenue 368 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 7 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 44.70 178.80 223.50 Maximum density permitted (units/acre) 8.00 8.00 8.00 8.00 Maximum potential units constructed during this phase Buildout Phase 0 0 0 Number of total potential units constructed at phase
buildout 0 358 1,788 3,576
Property Tax Revenue Allocated to City $0 $184,209 $921,044 $1,842,087 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $109,788 $548,942 $1,097,884 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 3.49 13.96 17.45 Maximum density permitted (units/acre) 16.0 16.0 16.0 16.0 Maximum potential units constructed during this phase 0 56 223 279 Number of total potential units constructed at phase
buildout 0 56 279 558
Property Tax Revenue Allocated to City $0 $8,167 $40,833 $81,666 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $4,867 $24,336 $48,673 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 23.65 94.60 118.25 Square footage constructed at Phase buildout 0 257,549 1,287,743 2,575,777 Property Tax Revenue Allocated to City $0 $28,613 $143,066 $286,164 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $17,053 $85,267 $170,554 Buildout Phase
Zoning Designation: High Density Residential (16/AC)
Total Developable Acres:35
No. of Potential Buildout Units: 559
Land Use Buildout Data
Zoning Designation: Community Commercial
Total Developable Acres: 236
No. of Potential Buildout Sq. Ft.: 2,575,777
Calculation of Annual Property Tax In Lieu of VLF revenue Calculation of Annual Property Tax In Lieu of VLF revenue Buildout Phase
Land Use Buildout Data
Calculation of Annual Property Tax In Lieu of VLF revenue Zoning Designation: Medium Density Residential
(8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
Buildout Phase
Land Use Buildout Data
369 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 8 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during phase 0.00 44.50 178.00 222.50 Square footage constructed at Phase buildout 0 678,447 3,392,235 6,606,265 Property Tax Revenue Allocated to City $0 $61,589 $307,944 $599,710 Percentage of Property Tax Revenue 59.6% 59.6% 59.6% 59.6% Annual Property Tax In Lieu of VLF revenue $0 $36,707 $183,534 $357,427 Calculation of Annual Property Tax In Lieu of VLF revenue Zoning Designation: Industrial (includes 40.96 AC of
private land at Airport, designated MC)
Total Developable Acres: 445
No. of Potential Buildout Sq. Ft.: 6,606,265
Buildout Phase
Land Use Buildout Data
370 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 9 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Annual Property Tax In-Lieu VLF revenue to City from:

Existing conditions $137,141 $137,141 $137,141 $137,141 Future Very Low Density Residential $0 $108,560 $542,802 $1,085,603 Future Low Density Residential $0 $30,302 $151,512 $303,023 Future Medium Density Residential $0 $109,788 $548,942 $1,097,884 Future High Density Residential $0 $4,867 $24,336 $48,673 Future Community Commercial $0 $17,053 $85,267 $170,554 Future Industrial $0 $36,707 $183,534 $357,427
Total annual Property Tax In-Lieu VLF revenue
at phase buildout: $137,141 $444,420 $1,673,535 $3,200,306 Buildout Phase
Motor Vehicle In-Lieu Revenue
Summary Table
371 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 10 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10% of
Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
New Units (100% of market value is subject to tax)
Number of acres developed - 177 707 884
Maximum Density permitted (units/acre) 2.0 2.0 2.0 2.0
Number of new units during this phase - 354 1,414 1,768 Market Value per unit $792,500 $792,500 $792,500 $792,500 Amount Subject to Property Transfer Tax for all new units sold $0 $280,228,000 $1,120,912,000 $1,401,140,000 Property Transfer Tax Rate 0.11% 0.11% 0.11% 0.11%
Total Property Transfer Tax Collected at Phase Buildout $0 $308,251 $1,233,003 $1,541,254 Percent of Property Transfer Tax allocated to City 50% 50% 50% 50% Total Property Transfer Tax Allocated to City General Fund $0 $154,125 $616,502 $770,627 Existing Units (80% of market value is subject to tax)
Number of Units changing ownership 0 35 141 177
Property Value per dwelling unit $792,500 $792,500 $792,500 $792,500 Unencumbered Value per unit (80% of value) $634,000 $634,000 $634,000 $634,000 Amount subject to Property Transfer Tax $0 $22,418,240 $89,672,960 $112,091,200 Property Transfer Tax Rate 0.11% 0.11% 0.11% 0.11%
Total Property Transfer Tax Collected $0 $24,660 $98,640 $123,300 Percent of Property Transfer Tax allocated to City 50% 50% 50% 50% Total Property Transfer Tax Allocated to City General Fund $0 $12,330 $49,320 $61,650 Total Property Transfer Tax (New and Existing Units) $0 $166,455 $665,822 $832,277 Phase 1 (At
Annexation)
Phase 2 (10% of
Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
New Units (100% of market value is subject to tax)
Number of acres developed - 33 132 165
Maximum Density permitted (units/acre) 3.0 3.0 3.0 3.0
Number of new units during this phase - 99 395 494
Market Value per unit $792,500 $792,500 $792,500 $792,500 Amount Subject to Property Transfer Tax for all new units sold $0 $78,219,750 $312,879,000 $391,098,750 Property Transfer Tax Rate 0.11% 0.11% 0.11% 0.11%
Total Property Transfer Tax Collected at Phase Buildout $0 $86,042 $344,167 $430,209 Percent of Property Transfer Tax allocated to City 50% 50% 50% 50% Total Property Transfer Tax Allocated to City General Fund $0 $43,021 $172,083 $215,104 Existing Units (80% of market value is subject to tax)
Number of Units changing ownership 0 10 39 49
Property Value per dwelling unit $792,500 $792,500 $792,500 $792,500 Unencumbered Value per unit (80% of value) $634,000 $634,000 $634,000 $634,000 Amount subject to Property Transfer Tax $0 $6,257,580 $25,030,320 $31,287,900 Property Transfer Tax Rate 0.11% 0.11% 0.11% 0.11%
Total Property Transfer Tax Collected $0 $6,883 $27,533 $34,417 Percent of Property Transfer Tax allocated to City 50% 50% 50% 50% Total Property Transfer Tax Allocated to City General Fund $0 $3,442 $13,767 $17,208 Total Property Transfer Tax (New and Existing Units) $0 $46,463 $185,850 $232,313 Property Transfer Tax Revenue
Buildout Phase
Zoning Designation: Very Low Density Residential (2/AC) Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC) Total Developable Acres: 329
No. of Potential Buildout Units: 987
Buildout Phase
372 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 11 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10% of
Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
New Units (100% of market value is subject to tax)
Number of acres developed - 45 179 224
Maximum Density permitted (units/acre) 8.0 8.0 8.0 8.0
Number of new units during this phase - 358 1,430 1,788 Market Value per unit $792,500 $792,500 $792,500 $792,500 Amount Subject to Property Transfer Tax for all new units sold $0 $283,398,000 $1,133,592,000 $1,416,990,000 Property Transfer Tax Rate 0.11% 0.11% 0.11% 0.11%
Total Property Transfer Tax Collected at Phase Buildout $0 $311,738 $1,246,951 $1,558,689 Percent of Property Transfer Tax allocated to City 50% 50% 50% 50% Total Property Transfer Tax Allocated to City General Fund $0 $155,869 $623,476 $779,345 Existing Units (80% of market value is subject to tax)
Number of Units changing ownership 0 36 143 179
Property Value per dwelling unit $792,500 $792,500 $792,500 $792,500 Unencumbered Value per unit (80% of value) $634,000 $634,000 $634,000 $634,000 Amount subject to Property Transfer Tax $0 $22,671,840 $90,687,360 $113,359,200 Property Transfer Tax Rate 0.11% 0.11% 0.11% 0.11%
Total Property Transfer Tax Collected $0 $24,939 $99,756 $124,695 Percent of Property Transfer Tax allocated to City 50% 50% 50% 50% Total Property Transfer Tax Allocated to City General Fund $0 $12,470 $49,878 $62,348 Total Property Transfer Tax (New and Existing Units) $0 $168,338 $673,354 $841,692 Zoning Designation: Medium Density Residential (8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
Buildout Phase
373 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 12 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10% of
Vacant Land
Developed)
Phase 3 (50% of
Vacant Land
Developed)
Phase 4
(Build Out)
Future Very Low Density Residential $0 $166,455 $665,822 $832,277 Future Low Density Residential $0 $46,463 $185,850 $232,313 Future Medium Density Residential $0 $168,338 $673,354 $841,692 Total annual Property Transfer Tax revenue at phase buildout: $0 $168,338 $673,354 $841,692 Annual Property Transfer Tax revenue to City from:

Buildout Phase
Property Transfer Tax Revenue
Summary Table
374 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 13 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Taxable Sales
Base sales tax collected by City $0 $0 $0 $0
Measure G sales tax collected by City $0 $0 $0 $0
Annual sales tax revenue collected by City $0 $0 $0 $0
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during this phase 0.0 23.7 94.6 118.3 Number of acres developed at phase buildout 0.0 23.7 118.3 236.5 Number of square feet developed during this phase 0 257,549 1,030,194 1,288,034 Number of square feet developed at phase buildout 0 257,549 1,287,743 2,575,777 Percent leasable space 90% 90% 90% 90%
No. of leasable square feet 0 231,794 1,158,968 2,318,199 Percent of leasable sq. ft. considered "Retail Commercial" 80% 80% 80% 80% No. of leasable sq. ft. considered "Retail Commercial" 0 185,435 1,158,968 2,318,199 Ave. annual sales volume per sq. ft. $283.00 $283.00 $283.00 $283.00 Total annual sales from "Retail Commercial" development $0 $52,478,082 $327,988,015 $656,050,275 Total annual sales at phase buildout $0 $52,478,082 $327,988,015 $656,050,275 City sales tax rate 1.00% 1.00% 1.00% 1.00%
Base sales tax collected by City - 524,781 3,279,880 6,560,503 Measure G tax rate 1.00% 1.00% 1.00% 1.00%
Measure G sales tax collected by City1 - 603,498 3,771,862 7,544,578 Annual sales tax revenue collected by City at phase buildout $0 $1,128,279 $7,051,742 $14,105,081 County-wide Measure A tax rate 0.50% 0.50% 0.50% 0.50%
Amount collected for County-wide Measure A fund $0 $262,390 $1,639,940 $3,280,251 Percent allocated to the Coachella Valley region 2 20% 20% 20% 20% Amount allocated to the Coachella Valley region $0 $52,478 $327,988 $656,050 Percent allocated to local streets and roads 2 35% 35% 35% 35% Amount allocated to local streets and roads $0 $18,367 $114,796 $229,618 Percent allocated to City 2 20% 20% 20% 20%
Amount allocated to City $0 $3,673 $22,959 $45,924
Calculation of Total Sales Tax Revenues
Calculation of Measure A Revenues
2 Measure A distribution data provided by John Standiford, Deputy Executive Director, Riverside County Transportation Commission, Dec. 30, 2021. 1 Includes 15% above 1% per historic performance -- assumed to be off-site delivery increase "Retail Commercial" Development
Sales Tax Revenue, Measure G Revenue
Measure A Revenue
Calculation of Total Leasable Square Feet
From Future Commercial Development
Zoning Designation: Community Commercial
Total Developable Acres: 236.5
No. of Potential Buildout Sq. Ft.: 2,575,777
Buildout Phase
Land Use Data
Existing Conditions
Existing Sales Tax Collected
Buildout Phase
375 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 14 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Sales Tax $0 $0 $0 $0
Future Community Commercial $0 $1,128,279 $7,051,742 $14,105,081 Total annual Sales Tax revenue at phase buildout: $0 $1,128,279 $7,051,742 $14,105,081 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Future Community Commercial $0 $3,673 $22,959 $45,924
Total annual Measure A revenue at phase buildout: $0 $3,673 $22,959 $45,924 Annual Measure A revenue to City from:

Buildout Phase
Sales Tax Revenue
Summary Table
Annual Sales Tax revenue to City from:

Buildout Phase
Measure A Revenue
Summary Table
376 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 15 of 38 ends

From Existing Conditions
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current TOT Collected by County $0 $0 $0 $0
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during this phase 0 177 707 884 Number of acres developed at phase buildout 0 177 884 1,768 Number of units developed during this phase 0 354 1,414 1,768 Number of units developed at phase buildout 0 354 1,768 3,536 Participation Rate 10% 10% 10% 10%
Total STVRs at Phase Buildout 0 35 177 354
Average rate ($ per night) $365.00 $365.00 $365.00 $365.00 Average occupancy rate 50% 50% 50% 50%
Annual revenue from all rooms at phase buildout $0 $2,355,418 $11,777,090 $23,554,180 City's Transient Occupancy Tax Rate 10% 10% 10% 10%
City's annual TOT revenue at phase buildout $0 $235,542 $1,177,709 $2,355,418 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during this phase 0 33 132 165 Number of acres developed at phase buildout 0 33 165 329 Number of units developed during this phase 0 99 395 494 Number of units developed at phase buildout 0 99 494 987 Participation Rate 10% 10% 10% 10%
Total STVRs at Phase Buildout 0 10 49 99
Average rate ($ per night) $365.00 $365.00 $365.00 $365.00 Average occupancy rate 50% 50% 50% 50%
Annual revenue from all rooms at phase buildout $0 $657,465 $3,287,327 $6,574,654 City's Transient Occupancy Tax Rate 10% 10% 10% 10%
City's annual TOT revenue at phase buildout $0 $65,747 $328,733 $657,465 Calculation of TOT Revenue
Transient Occupancy Tax Revenue
From Future Short Term Vacation Rentals
Zoning Designation: Very Low Density Residential
(2/AC)
Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
Land Use Buildout Data
Calculation of TOT Revenue
Existing Conditions
Transient Occupancy Tax Collected by County
2020/2021 Fiscal Year
Buildout Phase
Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
Buildout Phase
Land Use Buildout Data
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Sphere of Influence Analysis
City of La Quinta

Page 16 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Number of acres developed during this phase 0 45 179 224 Number of acres developed at phase buildout 0 45 224 447 Number of units developed during this phase 0 358 1,430 1,788 Number of units developed at phase buildout 0 358 1,788 3,576 Participation Rate 10% 10% 10% 10%
Total STVRs at Phase Buildout 0 36 179 358
Average rate ($ per night) $365.00 $365.00 $365.00 $365.00 Average occupancy rate 50% 50% 50% 50%
Annual revenue from all rooms at phase buildout $0 $2,382,063 $11,910,315 $23,820,630 City's Transient Occupancy Tax Rate 10% 10% 10% 10%
City's annual TOT revenue at phase buildout $0 $238,206 $1,191,032 $2,382,063 Zoning Designation: Medium Density Residential
(8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
Buildout Phase
Land Use Buildout Data
Calculation of TOT Revenue
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Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing STVRs $0 $0 $0 $0
Future STVRs $0 $539,495 $2,697,473 $5,394,946
Total annual TOT revenue at phase buildout: $0 $539,495 $2,697,473 $5,394,946 TOT Revenue
Summary Table
Annual TOT revenue to City from:

Buildout Phase
379 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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From Existing Conditions
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Housing Units 276 276 276 276
Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 654 654 654 654
Estimated annual per capita gas tax revenue 2 $30.18 $30.18 $30.18 $30.18 Annual gas tax revenue at phase buildout $19,741 $19,741 $19,741 $19,741 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase - 177 707 884
Numbers of acres developed at phase buildout 177 884 1,768 Number of potential units constructed during this phase - 354 1,414 1,768 Number of potential units at phase buildout - 354 1,768 3,536 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 838 4,190 8,380 Estimated annual per capita gas tax revenue 2 $30.18 $30.18 $30.18 $30.18 Annual gas tax revenue at phase buildout $0 $25,292 $126,459 $252,918 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase - 33 132 165
Numbers of acres developed at phase buildout - 33 165 329 Number of potential units constructed during this phase - 99 395 494 Number of potential units at phase buildout - 99 494 987 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 234 1,170 2,339 Estimated annual per capita gas tax revenue 2 $30.18 $30.18 $30.18 $30.18 Annual gas tax revenue at phase buildout $0 $7,060 $35,298 $70,597 2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Gas Tax Revenue
1 California Department of Finance, January 1, 2022.

Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
Buildout Phase
Existing Housing Units
Buildout Phase
Calculation of Annual Gas Tax Revenue
1 California Department of Finance, January 1, 2022.
2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Zoning Designation: Very Low Density Residential
(2/AC)
Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
Calculation of Annual Gas Tax Revenue
1 California Department of Finance, January 1, 2022.
2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Calculation of Annual Gas Tax Revenue
380 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase - 45 179 224
Numbers of acres developed at phase buildout - 45 224 447 Number of potential units constructed during this phase - 358 1,430 1,788 Number of potential units at phase buildout - 358 1,788 3,576 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 848 4,238 8,475 Estimated annual per capita gas tax revenue 2 $30.18 $30.18 $30.18 $30.18 Annual gas tax revenue at phase buildout $0 $25,578 $127,890 $255,779 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase 0.0 3.5 14.0 17.5 Numbers of acres developed at phase buildout 0.0 3.5 17.5 34.9 Number of potential units constructed during this phase 0 56 223 279 Number of potential units at phase buildout 0 56 279 558 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 132 662 1,323
Estimated annual per capita gas tax revenue 2 $30.18 $30.18 $30.18 $30.18 Annual gas tax revenue at phase buildout $0 $3,994 $19,970 $39,940 1 California Department of Finance, January 1, 2022.
2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Calculation of Gas Tax Revenue
1 California Department of Finance, January 1, 2022.

Calculation of Annual Gas Tax Revenue
Zoning Designation: Medium Density Residential
(8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
Buildout Phase
2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Zoning Designation: High Density Residential (16/AC)
Total Developable Acres:35
No. of Potential Buildout Units: 559
Buildout Phase
381 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Units $19,741 $19,741 $19,741 $19,741
Future Very Low Density Residential $0 $25,292 $126,459 $252,918 Future Low Density Residential $0 $7,060 $35,298 $70,597 Future Medium Density Residential $0 $25,578 $127,890 $255,779 Future High Density Residential $0 $3,994 $19,970 $39,940 Total Annual Gas Tax Revenue at phase buildout: $19,741 $81,665 $329,359 $638,976 Annual Gas Tax revenue to City from:

Buildout Phase
Gas Tax Revenue
Summary Table
382 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 21 of 38 ends

From Existing Conditions
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Housing Units 276 276 276 276
Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 654 654 654 654
Estimated annual per capita franchise revenue 2 $55.34 $55.34 $55.34 $55.34 Annual franchise revenue at phase buildout $36,199 $36,199 $36,199 $36,199 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase - 177 707 884
Numbers of acres developed at phase buildout - 177 884 1,768 Number of potential units constructed during this phase - 354 1,414 1,768 Number of potential units at phase buildout - 354 1,768 3,536 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 838 4,190 8,380 Estimated annual per capita franchise revenue 2 $55.34 $55.34 $55.34 $55.34 Annual franchise revenue at phase buildout $0 $46,377 $231,883 $463,767 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase - 33 132 165
Numbers of acres developed at phase buildout - 33 165 329 Number of potential units constructed during this phase - 99 395 494 Number of potential units at phase buildout - 99 494 987 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 234 1,170 2,339 Estimated annual per capita franchise revenue 2 $55.34 $55.34 $55.34 $55.34 Annual franchise revenue at phase buildout $0 $12,945 $64,725 $129,451 Zoning Designation: Very Low Density Residential
(2/AC)
Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
Calculation of Annual Franchise Revenue
1 California Department of Finance, January 1, 2022.
2 Franchise tax revenue $2,095,000 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
Buildout Phase
Calculation of Annual Franchise Revenue
1 California Department of Finance, January 1, 2022.

Franchise Fees Revenue
Existing Housing Units
Buildout Phase
Calculation of Annual Franchise Revenue
1 California Department of Finance, January 1, 2022.
2 Franchise tax revenue $2,095,000 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).
2 Franchise tax revenue $2,095,000 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).
383 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase - 45 179 224
Numbers of acres developed at phase buildout - 45 224 447 Number of potential units constructed during this phase - 358 1,430 1,788 Number of potential units at phase buildout - 358 1,788 3,576 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 848 4,238 8,475 Estimated annual per capita franchise revenue 2 $55.34 $55.34 $55.34 $55.34 Annual franchise revenue at phase buildout $0 $46,901 $234,507 $469,013 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Development Summary
Number of acres developed during phase 0.0 3.5 14.0 17.5 Numbers of acres developed at phase buildout 0.0 3.5 17.5 34.9 Number of potential units constructed during this phase 0 56 223 279 Number of potential units at phase buildout 0 56 279 558 Average no. persons per household1 2.37 2.37 2.37 2.37
Potential population at phase buildout 0 132 662 1,323
Estimated annual per capita franchise revenue 2 $55.34 $55.34 $55.34 $55.34 Annual franchise revenue at phase buildout $0 $7,324 $36,619 $73,237 Zoning Designation: Medium Density Residential
(8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
Buildout Phase
Calculation of Annual Franchise Revenue
1 California Department of Finance, January 1, 2022.
2 Franchise tax revenue $2,095,000 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Buildout Phase
Calculation of Annual Franchise Revenue
1 California Department of Finance, January 1, 2022.
2 Gas tax revenue $1,142,800 (City of La Quinta Budget, 2022/2023) divided by City population 37,860 (California Department of Finance, January 1, 2022).

Zoning Designation: High Density Residential (16/AC)
Total Developable Acres:35
No. of Potential Buildout Units: 559
384 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 23 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Units $36,199 $36,199 $36,199 $36,199
Future Very Low Density Residential $0 $46,377 $231,883 $463,767 Future Low Density Residential $0 $12,945 $64,725 $129,451 Future Medium Density Residential $0 $46,901 $234,507 $469,013 Future High Density Residential $0 $7,324 $36,619 $73,237 Total annual Franchise Fee revenue at phase
buildout: $36,199 $149,746 $603,933 $1,171,667
Buildout Phase
Annual Franchise Fee revenue to City from:

Franchise Fees Revenue
Summary Table
385 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant
Land
Developed)
Phase 3 (50%
of Vacant
Land
Developed)
Phase 4 (Build
Out)
Number of units constructed during this phase - 354 1,414 1,768 DIF per unit $9,380 $9,380 $9,380 $9,380
Total DIF collected $0 $3,316,768 $13,267,072 $16,583,840 Number of units constructed during this phase 0 99 395 494 DIF per unit $9,380 $9,380 $9,380 $9,380
Total DIF collected $0 $925,806 $3,703,224 $4,629,030
Number of units constructed during this phase - 358 1,430 1,788 DIF per unit $9,380 $9,380 $9,380 $9,380
Total DIF collected $0 $3,354,288 $13,417,152 $16,771,440 Number of units constructed during this phase 0 56 223 279 DIF per unit $6,113 $6,113 $6,113 $6,113
Total DIF collected $0 $341,350 $1,365,400 $1,706,750
Number of SF constructed during this phase - 257,549 1,030,194 1,288,034 DIF per 1,000 SF $9,191 $9,191 $9,191 $9,191
Total DIF collected $0 $2,367,128 $9,468,513 $11,838,320 Number of SF constructed during this phase - 678,447 2,713,788 3,214,030 DIF per 1,000 SF1 $7,589 $7,589 $7,589 $7,589
Total DIF collected $0 $5,148,734 $20,594,937 $24,391,274 Total Revenue for that phase $0 $15,454,074 $61,816,298 $75,920,654 From future Low Density Residential Development
From future Medium Density Residential Development
Development Impact Fees - New Development
Buildout Phase
From future Very Low Density Residential Development
From future High Density Residential
From future Community Commercial
From future Industrial
1 The City does not have a DIF for Industrial development. The Office/Medical DIF has been assumed for purposes of analysis. 386 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 25 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Units 276 276 276 276
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 654 654 654 654 Calculating Annual Costs of General Government
Cost of General Government (per capita)1 $374.89 $374.89 $374.89 $374.89 Total annual cost of General Government at phase buildout $245,223 $245,223 $245,223 $245,223 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0 177 707 884
Maximum density permitted (units/acre) 2 2 2 2
Maximum potential units constructed during this phase 0 354 1,414 1,768 Number of total potential units constructed at phase buildout 0 354 1,768 3,536 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 838 4,190 8,380 Calculating Annual Costs of General Government
Cost of General Government (per capita)1 $374.89 $374.89 $374.89 $374.89 Total annual cost of General Government at phase buildout $0 $314,170 $1,570,849 $3,141,698 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0 33 132 165
Maximum density permitted (units/acre) 3 3 3 3
Maximum potential units constructed during this phase 0 99 395 494 Number of total potential units constructed at phase buildout 0 99 494 987 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 234 1,170 2,339 Calculating Annual Costs of General Government
Cost of General Government (per capita)1 $374.89 $374.89 $374.89 $374.89 Total annual cost of General Government at phase buildout $0 $87,694 $438,469 $876,939 Costs of General Government
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Community Resources, Wellness Center, Recreation Programs, Park Maintenance, Marketing, Public Buildings, Design & Development, Planning, Building, Code Compliance/Animal Control, and Engineering Services.

Buildout Phase
Existing Conditions
276 Existing Homes
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Community Resources, Wellness Center, Recreation Programs, Park Maintenance, Marketing, Public Buildings, Design & Development, Planning, Building, Code Compliance/Animal Control, and Engineering Services.

Zoning Designation: Very Low Density Residential (2/AC) Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Community Resources, Wellness Center, Recreation Programs, Park Maintenance, 387 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 26 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0 45 179 224
Maximum density permitted (units/acre) 8 8 8 8
Maximum potential units constructed during this phase 0 358 1,430 1,788 Number of total potential units constructed at phase buildout 0 358 1,788 3,576 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 848 4,238 8,475 Calculating Annual Costs of General Government
Cost of General Government (per capita)1 $374.89 $374.89 $374.89 $374.89 Total annual cost of General Government at phase buildout $0 $317,724 $1,588,619 $3,177,238 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0.0 3.5 14.0 17.5 Maximum density permitted (units/acre) 16 16 16 16
Maximum potential units constructed during this phase 0 56 223 279 Number of total potential units constructed at phase buildout 0 56 279 558 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout - 132 662 1,323 Calculating Annual Costs of General Government
Cost of General Government (per capita)1 $374.89 $374.89 $374.89 $374.89 Total annual cost of General Government at phase buildout $0 $49,613 $248,066 $496,132 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Community Resources, Wellness Center, Recreation Programs, Park Maintenance, Marketing, Public Buildings, Design & Development, Planning, Building, Code Compliance/Animal Control, and Engineering Services.

Zoning Designation: High Density Residential (16/AC)
Total Developable Acres:35
No. of Potential Buildout Units: 559
Buildout Phase
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Community Resources, Wellness Center, Recreation Programs, Park Maintenance, Zoning Designation: Medium Density Residential (8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
388 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Development $245,223 $245,223 $245,223 $245,223 Future Very Low Density Residential $0 $314,170 $1,570,849 $3,141,698 Future Low Density Residential $0 $87,694 $438,469 $876,939 Future Medium Density Residential $0 $317,724 $1,588,619 $3,177,238 Future High Density Residential $0 $49,613 $248,066 $496,132 Total annual General Government Costs at phase buildout: $245,223 $1,014,424 $4,091,227 $7,937,230 Costs of General Government
Summary Table
Buildout Phase
Annual General Government Costs from:
389 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

Page 28 of 38 ends

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Units 276 276 276 276
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 654 654 654 654 Calculating Annual Costs of Public Works
Cost of Public Works (per capita)1 $54.48 $54.48 $54.48 $54.48 Total annual cost of Public Works at phase buildout $35,636 $35,636 $35,636 $35,636 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 177 707 884
Maximum density permitted (units/acre) 2 2 2 2
Maximum potential units constructed during this phase 0 354 1,414 1,768 Number of total potential units constructed at phase buildout 0 354 1,768 3,536 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 838 4,190 8,380 Calculating Annual Costs of Public Works
Cost of Public Works (per capita)1 $54.48 $54.48 $54.48 $54.48 Total annual cost of Public Works at phase buildout $0 $45,656 $228,280 $456,560 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 33 132 165
Maximum density permitted (units/acre) 3 3 3 3
Maximum potential units constructed during this phase 0 99 395 494 Number of total potential units constructed at phase buildout 0 99 494 987 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 234 1,170 2,339 Calculating Annual Costs of Public Works
Cost of Public Works (per capita)1 $54.48 $54.48 $54.48 $54.48 Total annual cost of Public Works at phase buildout $0 $12,744 $63,720 $127,439 Costs of Public Works
Zoning Designation: Very Low Density Residential (2/AC) Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Public Works Administration, Development Services, Streets Existing Conditions
276 Existing Homes
Buildout Phase
Zoning Designation: Low Density Residential (Ag Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Public Works Administration, Development Services, Streets Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Public Works Administration, Development Services, Streets 390 Click Here to Return to Agenda
Sphere of Influence Analysis
City of La Quinta

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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 45 179 224
Maximum density permitted (units/acre) 8 8 8 8
Maximum potential units constructed during this phase 0 358 1,430 1,788 Number of total potential units constructed at phase buildout 0 358 1,788 3,576 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 848 4,238 8,475 Calculating Annual Costs of Public Works
Cost of Public Works (per capita)1 $54.48 $54.48 $54.48 $54.48 Total annual cost of Public Works at phase buildout $0 $46,172 $230,862 $461,725 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0.0 3.5 14.0 17.5 Maximum density permitted (units/acre) 16 16 16 16
Maximum potential units constructed during this phase 0 56 223 279 Number of total potential units constructed at phase buildout 0 56 279 558 Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout - 132 662 1,323 Calculating Annual Costs of Public Works
Cost of Public Works (per capita)1 $54.48 $54.48 $54.48 $54.48 Total annual cost of Public Works at phase buildout $0 $7,210 $36,050 $72,099 Zoning Designation: High Density Residential (16/AC)
Total Developable Acres:35
No. of Potential Buildout Units: 559
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Public Works Administration, Development Services, Streets 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Public Works Administration, Development Services, Streets Zoning Designation: Medium Density Residential (8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
Buildout Phase
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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Residential $35,636 $35,636 $35,636 $35,636
Future Very Low Densty Residential $0 $45,656 $228,280 $456,560 Future Low Density Residential $0 $12,744 $63,720 $127,439 Future Medium Density Residential $0 $46,172 $230,862 $461,725 Future High Density Residential $0 $7,210 $36,050 $72,099 Total annual Public Works Costs at phase buildout: $35,636 $147,419 $594,548 $1,153,459 Annual Public Works Costs from:

Costs of Public Works
Summary Table
Buildout Phase
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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Units 276 276 276 276
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 654 654 654 654 Calculating Annual Costs of Police Protection
Cost of Police Services (per capita)1 $480.35 $480.35 $480.35 $480.35 Total annual cost of Police Protection at phase
buildout $314,207 $314,207 $314,207 $314,207
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 177 707 884
Maximum density permitted (units/acre) 2 2 2 2
Maximum potential units constructed during this phase 0 354 1,414 1,768 Number of total potential units constructed at phase
buildout 0 354 1,768 3,536
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 838 4,190 8,380 Calculating Annual Costs of Police Protection
Cost of Police Services (per capita)1 $480.35 $480.35 $480.35 $480.35 Total annual cost of Police Protection at phase
buildout $0 $402,549 $2,012,743 $4,025,487
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - - - -
Maximum density permitted (units/acre) 3 3 3 3
Maximum potential units constructed during this phase 0 99 395 494 Number of total potential units constructed at phase
buildout 0 99 494 987
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 234 1,170 2,339 Calculating Annual Costs of Police Protection
Cost of Police Services (per capita)1 $480.35 $480.35 $480.35 $480.35 Total annual cost of Police Protection at phase
buildout $0 $112,363 $561,815 $1,123,630
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Costs of Police Protection
Zoning Designation: Very Low Density Residential
(2/AC)
Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
Existing Conditions
276 Existing Homes
Buildout Phase
Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
Buildout Phase
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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 45 179 224
Maximum density permitted (units/acre) 8 8 8 8
Maximum potential units constructed during this phase 0 358 1,430 1,788 Number of total potential units constructed at phase
buildout 0 358 1,788 3,576
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 848 4,238 8,475 Calculating Annual Costs of Police Protection
Cost of Police Services (per capita)1 $480.35 $480.35 $480.35 $480.35 Total annual cost of Police Protection at phase
buildout $0 $407,102 $2,035,512 $4,071,024
Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0.0 3.5 14.0 17.5 Maximum density permitted (units/acre) 16 16 16 16
Maximum potential units constructed during this phase 0 56 223 279 Number of total potential units constructed at phase
buildout 0 56 279 558
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 132 662 1323 Calculating Annual Costs of Police Protection
Cost of Police Services (per capita)1 $480.35 $480.35 $480.35 $480.35 Total annual cost of Police Protection at phase
buildout $0 $63,570 $317,850 $635,699
Buildout Phase
Zoning Designation: High Density Residential (16/AC)
Total Developable Acres:35
No. of Potential Buildout Units: 559
Buildout Phase
Zoning Designation: Medium Density Residential
(8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Residential Units $314,207 $314,207 $314,207 $314,207 Future Very Low Density Residential $0 $402,549 $2,012,743 $4,025,487 Future Low Density Residential $0 $112,363 $561,815 $1,123,630 Future Medium Density Residential $0 $407,102 $2,035,512 $4,071,024 Future High Density Residential $0 $63,570 $317,850 $635,699 Total annual Police Protection Costs at phase
buildout: $314,207 $1,299,790 $5,242,126 $10,170,046
Annual Police Protection Costs from:

Buildout Phase
Costs of Police Protection
Summary Table
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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Current Units 276 276 276 276
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 654 654 654 654 Calculating Annual Costs of Fire Protection
Cost of Fire Protection (per capita)1 $233.81 $233.81 $233.81 $233.81 Total annual cost of Fire Protection at phase buildout $152,940 $152,940 $152,940 $152,940 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 177 707 884
Maximum density permitted (units/acre) 2 2 2 2
Maximum potential units constructed during this phase 0 354 1,414 1,768 Number of total potential units constructed at phase
buildout 0 354 1,768 3,536
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 838 4,190 8,380 Calculating Annual Costs of Fire Protection
Cost of Fire Protection (per capita)1 $233.81 $233.81 $233.81 $233.81 Total annual cost of Fire Protection at phase buildout $0 $195,940 $979,701 $1,959,403 Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 33 132 165
Maximum density permitted (units/acre) 3 3 3 3
Maximum potential units constructed during this phase 0 99 395 494 Number of total potential units constructed at phase
buildout 0 358 1,788 3,576
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 848 4,238 8,475 Calculating Annual Costs of Fire Protection
Cost of Fire Protection (per capita)1 $233.81 $233.81 $233.81 $233.81 Total annual cost of Fire Protection at phase buildout $0 $198,157 $990,784 $1,981,568 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Costs of Fire Protection
Existing Conditions
276 Existing Homes
Buildout Phase
Zoning Designation: Very Low Density Residential
(2/AC)
Total Developable Acres: 1,768
No. of Potential Buildout Units: 3,535
Buildout Phase
1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Zoning Designation: Low Density Residential (Ag
Overlay, 3/AC)
Total Developable Acres: 329
No. of Potential Buildout Units: 987
Buildout Phase
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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase - 45 179 224
Maximum density permitted (units/acre) 8 8 8 8
Maximum potential units constructed during this phase 0 358 1,430 1,788 Number of total potential units constructed at phase
buildout 0 358 1,788 3,576
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout 0 848 4,238 8,475 Calculating Annual Costs of Fire Protection
Cost of Fire Protection (per capita)1 $233.81 $233.81 $233.81 $233.81 Total annual cost of Fire Protection at phase buildout $0 $198,157 $990,784 $1,981,568 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Land Use Buildout Data
Number of acres developed during phase 0.0 3.5 14.0 17.5 Maximum density permitted (units/acre) 16 16 16 16
Maximum potential units constructed during this phase 0 56 223 279 Number of total potential units constructed at phase
buildout 0 56 279 558
Average number of persons per household 2.37 2.37 2.37 2.37 Total no. of potential residents at phase buildout - 132 662 1,323 Calculating Annual Costs of Fire Protection
Cost of Fire Protection (per capita)1 $233.81 $233.81 $233.81 $233.81 Total annual cost of Fire Protection at phase buildout $0 $30,943 $154,713 $309,426 1 City of La Quinta Budget, 2022-2023; General Fund Expenses for Police.

Zoning Designation: Medium Density Residential
(8/AC)
Total Developable Acres: 447
No. of Potential Buildout Units: 3,576
Buildout Phase
Zoning Designation: High Density Residential (16/AC)
Total Developable Acres:35
No. of Potential Buildout Units: 559
Buildout Phase
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Phase 1 (At
Annexation)
Phase 2 (10%
of Vacant Land
Developed)
Phase 3 (50%
of Vacant Land
Developed)
Phase 4
(Build Out)
Existing Residential Units $152,940 $152,940 $152,940 $152,940 Future Very Low Density Residential $0 $195,940 $979,701 $1,959,403 Future Low Density Residential $0 $198,157 $990,784 $1,981,568 Future Medium Density Residential $0 $198,157 $990,784 $1,981,568 Future High Density Residential $0 $30,943 $154,713 $309,426 Total annual Fire Protection Costs at phase buildout: $152,940 $776,136 $3,268,922 $6,384,904 Annual Fire Protection Costs from:

Costs of Fire Protection
Summary Table
Buildout Phase
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Phase 1
(At
Annexation)
Phase 2
(10% of
Vacant Land
Developed)
Phase 3
(50% of Vacant
Land Developed)
Phase 4
(Build Out)
Property Tax
Potential County RPTTF $250,000 $250,000 $250,000 $250,000 Property Tax in Lieu of VLF $137,141 $444,420 $1,673,535 $3,200,306 Property Transfer Tax $0 $168,338 $673,354 $841,692
Sales Tax & Measure G $0 $1,128,279 $7,051,742 $14,105,081 Transient Occupancy Tax $0 $539,495 $2,697,473 $5,394,946 Franchise Fees $36,199 $149,746 $603,933 $1,171,667
Subtotal, General Fund $423,340 $2,680,278 $12,950,037 $24,963,692 Gas Tax $19,741 $81,665 $329,359 $638,976
Measure A $0 $3,673 $22,959 $45,924
Subtotal, Special Revenue Funds $19,741 $85,338 $352,318 $684,899 Total, All Revenues $462,823 $2,850,954 $13,654,672 $26,333,491 Costs of General Government $245,223 $1,014,424 $4,091,227 $7,937,230 Costs of Public Works $35,636 $147,419 $594,548 $1,153,459 Costs of Police Protection $314,207 $1,299,790 $5,242,126 $10,170,046 Costs of Fire Protection $152,940 $776,136 $3,268,922 $6,384,904 Total Annual Costs $748,006 $3,237,769 $13,196,823 $25,645,640 Balance at Phase Buildout -$285,183 -$386,815 $457,850 $687,851 Total Development Impact Fees $0 $15,454,074 $61,816,298 $75,920,654 Total Development Impact Fee Revenues $0 $15,454,074 $61,816,298 $75,920,654 DEVELOPMENT IMPACT FEE REVENUES (One time only)
Total Potential Costs/Revenues Summary Table
Buildout Phase
Special Revenue Funds:

General Fund:

ANNUAL REVENUES

ANNUAL COSTS
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Phase 1
(At
Annexation)
Phase 2
(10% of
Vacant Land
Developed)
Phase 3
(50% of Vacant
Land Developed)
Phase 4
(Build Out)
Property Tax $230,103 $745,671 $2,807,944 $5,369,640
Property Tax in Lieu of VLF $137,141 $444,420 $1,673,535 $3,200,306 Property Transfer Tax $0 $168,338 $673,354 $841,692
Sales Tax & Measure G $0 $1,128,279 $7,051,742 $14,105,081 Transient Occupancy Tax $0 $539,495 $2,697,473 $5,394,946 Franchise Fees $36,199 $149,746 $603,933 $1,171,667
Subtotal, General Fund $403,443 $3,175,949 $15,507,981 $30,083,332 Gas Tax $19,741 $81,665 $329,359 $638,976
Measure A $0 $3,673 $22,959 $45,924
Subtotal, Special Revenue Funds $19,741 $85,338 $352,318 $684,899 Total, All Revenues $442,926 $3,346,625 $16,212,616 $31,453,131 Costs of General Government $245,223 $1,014,424 $4,091,227 $7,937,230 Costs of Public Works $35,636 $147,419 $594,548 $1,153,459 Costs of Police Protection $314,207 $1,299,790 $5,242,126 $10,170,046 Costs of Fire Protection $152,940 $776,136 $3,268,922 $6,384,904 Total Annual Costs $748,006 $3,237,769 $13,196,823 $25,645,640 Balance at Phase Buildout -$305,080 $108,856 $3,015,794 $5,807,491 Total Development Impact Fees $0 $15,454,074 $61,816,298 $75,920,654 Total Development Impact Fee Revenues $0 $15,454,074 $61,816,298 $75,920,654

ANNUAL COSTS
DEVELOPMENT IMPACT FEE REVENUES (One time only)
Total Potential Costs/Revenues Summary Table
Buildout Phase

ANNUAL REVENUES
General Fund:

Special Revenue Funds:
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City of La Quinta
CITY COUNCIL MEETING: April 4, 2023

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICE WITH FLOCK

GROUP, INC TO INSTALL AN AUTOMATIC LICENSE PLATE READER SYSTEM

WITHIN THE BOUNDARIES OF THE CITY OF LA QUINTA AND AUTHORIZE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT AS THE ADMINISTRATOR AND

AUTHORIZED USER OF THE SYSTEM

RECOMMENDATION
Approve Agreement for Contract Services with Flock Group, Inc., as drafted, to install an automatic license plate reader system; authorize Riverside County Sheriff’s Department as the administrator and authorized user of the system; authorize the City Manager to approve minor revisions to the agreement that do not alter the intent of the agreement; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• On March 7, 2023, staff presented a study session to Council to review advancements in public safety technology, which included an Automated License Reader System (ALPR) for consideration.
• Flock’s ALPR system, named Flock Safety Falcon, is widely used in Riverside County (County), including by Riverside County Sheriff Department (RCSD) and nine (9) contract cities with RCSD.
• RCSD is at the forefront of the ALPR system managing over 500 Flock cameras throughout the County. Flock Group Inc. (Flock) is the sole source vendor for RCSD. • ALPR technology has dramatically increased the RCSD’s ability to capture and arrest criminal suspects fleeing in vehicles. The system is used as a crime-fighting tool used by law enforcement across the country.
• RCSD will be the designated administrator/authorized user of the ALPR system; RCSD already have policies and procedures in place and manage other contract cities systems.

FISCAL IMPACT
The Flock Safety Falcon ALPR system is provided under a subscription model at a flat annual fee of $2,500 per camera which includes the camera hardware, hardware maintenance, ALPR software, software updates, 30 days unlimited data storage, LTE PUBLIC HEARING ITEM NO. 1
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connectivity (wireless transmission), solar panels, poles, mounting equipment and monitoring.

The cost for leasing 69 Flock ALPR system cameras, including the equipment and software, is $172,500 per year ($14,375 base monthly rate); and a one-time implementation fee of $24,150, for a total amount not to exceed $369,150 for a 24-month lease from April 2022 to April 2024. Funds in the amount of $60,088, to cover the implementation fee of $24,150 and two and half (2.5) months (April 15 to June 30, 2023) of the contract are available in the current Fiscal Year’s (FY) Police Budget 101-2001- 60103, Professional Services). Funds for future FY will be added to the Prepaid Expense Account 101-0000-13600.

BACKGROUND/ANALYSIS
For many years, RCSD has utilized an ALPR system throughout the County. In 2020, RCSD implemented the Flock ALPR system, and since then, Flock has become their sole source vendor for the Flock Safety ALPR camera. Flock Safety is the only fully integrated ALPR one-stop solution which includes hardware, software, installation, and maintenance of the system. Flock Safety is also the sole provider of the patented “Vehicle Fingerprint” Technology, which allows the system to capture and identify characteristics of vehicles with or without license plates.

Flock’s Vehicle Fingerprint Technology analyzes vehicle license plates and/or vehicle characteristics such as color, type, make, and other identifiers such as stickers and roof racks. The vehicle characteristics are used to find matching vehicles and an alert system is activated throughout the Flock network once a match is found. This technology gathers objective evidence and facts about vehicles, not people, as it doesn’t use facial recognition.

People's privacy is protected by not using facial recognition technology and not recording any personally identifiable information such as names, addresses, or phone numbers. The camera footage is stored, secured, and encrypted in AWS Government Cloud and automatically deleted every thirty (30) days on a rolling basis. The camera only takes photos, and there is no live feed. The system is not monitored, and it is not used for surveillance purposes.

To date, Flock Safety contracts with over 1,000 cities and 1,500 law enforcement agencies across the country. In Riverside County, in addition to the RCSD, Flock also contracts with 20 out of 28 cities in the County, including Palm Desert and Indio. Currently, there are more than 500 Flock cameras in the County managed by RCSD, of these, 261 cameras are assigned to unincorporated county areas, and 263 cameras are leased by nine (9) RCSD contract cities.

Due to the increased use of ALPR technology on October 6, 2015, the State of California passed Senate Bill 34 (SB 34) (Stats. 2015, 532), which imposes rules to protect the security of the ALPR system and protect personal information. Per SB 34, cities are required to hold a public meeting to approve the use of ALPR cameras. In addition, this bill imposes specified requirements on an "ALPR operator and end-user” including, maintaining reasonable security procedures and practices to protect ALPR information, and implementing a usage and privacy policy with respect to that information. (Attachment 2).
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RCSD manages all the Flock cameras in the unincorporated County areas as well as the cameras for their contract cities. City of La Quinta will also designate RCSD as the administrator and authorized user of the system, therefore, only RCSD staff will have access to the La Quinta ALPR system to maintain the integrity of the data.

As an ALPR administrator and per SB 34, RCSD has established an ALPR Policy which is posted on the RCSD’s website as "Policy 412" within the RCSD Standards Manual (DSM), (Attachment 3). Per RCSD’s policy, ALPR data may only be used for official law enforcement purposes, and cannot be shared, transferred, or sold for any other use. All RCSD staff is required to attend four (4) hours of training about the system and policy prior to being given access to the system.

PUBLIC NOTICE
A public hearing notice was published in The Desert Sun on March 24, 2023; and posted at the bulletin board near the entrance at City Hall at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas.

ALTERNATIVES
• Council may elect to approve as presented.
• Council may elect to modify this item as presented.
• Council may continue the public hearing and provide further direction.

Prepared by: Martha Mendez, Public Safety Manager
Approved by: Jon McMillen, City Manager
Attachments: 1. RCSD Flock Safety ALPR Recommendation

2. Senate Bill 34 – Automated license plate recognition system: use of data

3. RCSD Automated License Plate Reader Policy - Policy 412

4. Draft Agreement with Flock Group, Inc.

5. RCSD Flock Success Stories
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1 TO: Jon McMillen, City Manager DATE: February 23, 2023 FROM: Lt. Andy Martinez
SUBJECT: Flock Safety ALPR Recommendation
_____________________________________________________________________________________ Attachments

1. Flock Safety Budgetary Quote, Services Agreement, Sole Source, and IRS W9 Background
The Riverside County Sheriff’s Department (RCSD) has utilized Automated License Plate Reading (ALPR) technology since the early 2000’s to enhance public safety, generate investigative leads and apprehend wanted persons. In 2015, Senate Bill 34 was passed to regulate how ALPR technology was deployed and used within communities and establish training and audit requirements.

In 2020, the RCSD tested Flock Safety ALPR technology and found that alerts were delivered to patrol staff a lot quicker, its user interface was more intuitive, and its support and maintenance inclusive subscription model was preferred over our legacy ALPR. It was also found that its cost did not present any barriers of entry for many contract cities and surrounding agencies, which enhances agency collaboration to combat crime from a regional perspective. As a result, RCSD chose Flock Safety as their preferred ALPR vendor.

To date, almost all Riverside County law enforcement agencies use some form of ALPR within their jurisdictions, most using or in the process of transitioning to Flock Safety.

Recommendation

1. The Riverside County Sheriff’s Department recommends council hold a public hearing for the use of ALPR technology, as prescribed by SB 34, within the La Quinta community.

2. The Riverside County Sheriff’s Department recommends council approve a subscription to Flock Safety for 69 ALPR cameras installed throughout the city.

3. The Riverside County Sheriff’s Department recommends council consider a subscription to Flock Safety’s Raven (Gunshot Detection) system for deployment in the Cove residential area.

RIVERSIDE COUNTY SHERIFF’S DEPARTMENT

CHAD BIANCO, SHERIFF
ATTACHMENT 1
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2 Future Opportunity
Flock Safety currently supports the integration of Computer Aided Dispatch (CAD) data, Automated Vehicle Locator (AVL), and Gunshot Detection into their software to visualize active calls, analyze crime and plan responses to active events. Flock Safety recently released a Video Management System (VMS) to allow agencies to integrate live cameras feeds into their system, which will associate a segment of live video to license plate reads, which has the potential to enhance and expedite the filtering of video and the search for vehicles. Integration of Axis cameras currently exists on a 1 to 1 level, but Flock is working on a full Genetec integration to streamline connections.

A common problem with sourcing technology for criminal investigations is identifying a single product that can serve as a central repository for all historical and current data to analyze and generate meaningful information. The Flock Group is the only known vendor that has this ability and is continuously working to enhance their level of service. Flock currently can integrate CAD, AVL, VMS, and Gunshot Detection features into a single solution allowing immediate access to patrol staff at critical moments from within their mobile computers, a stated goal for the La Quinta PSC System.

Camera Coverage/Use
When designing an ALPR technology deployment plan for maximum benefit, the local intended outcome/use case must be considered along with the focus areas entry and exit points, and areas of crime concentration that are intended to be mitigated. Deployed ALPR cameras create a virtual grid, generating specific data captured within; the more cameras that are added the smaller the virtual grids become, resulting in more accurate data. However, given that the City of La Quinta has deployed an effective PSCS throughout the city, a preliminary design was created to work in conjunction with the PSCS and larger virtual grids were preferred reducing the amount of cameras required and total cost.

While the existing PSCS helps law enforcement determine or confirm an accurate series of events, deployed in conjunction with ALPR, law enforcement will also be able to identify vehicles involved. In a typical use case where a license plate was not captured by the PSCS, investigating deputies will use PSCS to follow vehicles throughout the city until the vehicle reaches an ALPR grid point to help identify it.

Camera Deployment Focus Areas
The following are the minimum number of cameras required to fully capture license plate entering and leaving the city of La Quinta, address crime concerns with the La Quinta Cove community and help mitigate crime within the business district.

1. Business Corridor 19 Cameras

2. Cove Community 10 Cameras

3. Entry/Exit Points 40 Cameras
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3 Fiscal Impact
Flock Safety only offers a subscription model, which is inclusive of installation, support and on-going maintenance at a rate of $2,500 per camera annually. A one-time installation fee of $350 per camera is assessed in year one. This subscription model doesn’t allow for agency ownership of any camera; however, agencies retain ownership of data and images collected.

The testing of the VMS integration is currently being offered to the City of La Quinta free of charge. The standard fee for this service is $500 per camera annually, which allows for 7-day video retention on the Flock Safety secured servers (AWS Government Cloud) and ability to play back, search and export.

Flock Falcon ALPR $2,500 (x69) $175,500
One-Time Installation $350 (x69) $ 24,150
Flock Raven Gunshot Detection $ 50,000
Total First Year Cost $246,650
Reoccurring Annual Cost $222,500
_________________________________
Lt. Andy Martinez
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Budgetary Quote
This document is for informational purposes only. Pricing is subject to change.

Created Date: 02/21/2023
Expiration Date: 03/31/2023
Quote Number: Q-15489
Prepared By: Jesse Mund
Phone: 7138996379
Email: [email protected]
____________________________________________________________________________ Address Information
Bill To:
78495 Calle Tampico
La Quinta, California 92253
Ship To:
78495 Calle Tampico
La Quinta, California 92253
Billing Company Name: CA-City of La Quinta
Billing Contact Name:

Billing Email Address:

Billing Phone:

Billing Fax:
____________________________________________________________________________ Terms and Conditions
Contract Start Date: 03/31/2023 Billing
Frequency:
50% of Annual Contract + 100% of
Implementation Invoiced at
Signing. 25% of Annual Contract
Invoiced at First Camera
Validation. 25% of Annual Contract
Invoiced at Last Camera Validation.

Annual payments invoiced for
remainder of subscription term.

Subscription Term: 24 Months
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Professional Services and One-Time Purchases
Services and
One Time
Fees
Service Description Sales Price Quantity Total Price
Professional Services
- Standard
Implementation Fee
One-time Professional Services engagement. Includes
site and safety assessment, camera setup and testing,
and shipping and handling in accordance with the
Flock Safety Standard Implementation Service Brief.
$350.00 69.00 $24,150.00
Hardware and Software Products
Annual recurring amounts over subscription term
Products Product Description Product
Sales Price
Product
Quantity
Annual
Product
Price
Falcon Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with
Vehicle Fingerprint ™ technology (proprietary
machine learning software) and real-time alerts for
unlimited users.
$2,500.00 69 $172,500.00
Raven Audio
Detection Device -
1mi
Raven Audio detection - 1 square mile of coverage.

Number of units deployed depends on geography and
density of area. Raven detection is license by
coverage area, not number of units.
$25,000.00 2 $50,000.00
Subtotal Year 1: $246,650.00
Annual Recurring Subtotal: $222,500.00
Subscription Term: 24 Months
Estimated Tax: $0.00
Contract Total: $469,150.00
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Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice – this document is a non-binding proposal for providing informational purposes only. Pricing is subject to change. This proposal shall be valid until the documented expiration date. 410 Click Here to Return to Agenda
Sole Source Letter for Flock Safety™ ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera.

The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features:

1. Vehicle Fingerprint Technology™:
○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) ○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
○ Only LPR provider with “Visual Search” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
○ Falcon Flex™: an infrastructure-free, location-flexible license plate reader camera that is easy to self install. Falcon Flex ties seamlessly into the Flock ecosystem with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge

2. Integrated Cloud-Software & Hardware Platform:
○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
○ Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
○ Utilizes motion capture to start and stop recording without the need for a reflective plate
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
As of 12.13.2022
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○ Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption ○ Cloud storage of footage
○ Covert industrial design for minimizing visual pollution

3. Transparency & Ethical Product Design:
○ One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system
○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured

4. Integrated Audio & Gunshot Detection:
○ Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots)

5. Live Video Integration:
○ Ability to apply computer vision to third-party cameras using Wing™ LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint technology offered on the Flock Safety Falcon™ ALPR cameras ○ Wing™ Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ○ Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety’s Wing™ Suite ○ Access Wing™ Replay to unlock enhanced situational awareness with 7-day footage retention, Hot List Live Video Instant Replay, and downloadable MP4

6. Partnerships:
○ Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com
○ Flock Safety is the only LPR provider to be fully integrated into a dynamic network of Axon’s Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon cameras
○ Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
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7. Warranty & Service:
○ Lifetime maintenance and support included in subscription price ○ Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
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FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).

Agency: CA-City of La Quinta
Legal Entity Name: \FSLegalEntityName{r}\
Contact Name: Andy Martinez
Address:
78495 Calle Tampico
La Quinta, California 92253
Phone: (760) 457-9097
E-Mail: [email protected]
Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 24 months
Renewal Term: 24 months
Billing Term: Invoice Plan payment due Net 30 per
terms and conditions
Billing Frequency: 1 year invoices broken into 3
payments. 1st invoice: All professional
services/implementation costs and 50% of Annual
Recurring Subtotal. 2nd Invoice: 25% of Annual
Recurring Subtotal. 3rd Invoice: 25% of Annual
Recurring Subtotal. Annual payment at annual
subscription term date invoiced for the remainder of
subscription term after initial 12 months.
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Professional Services and One-Time Purchases
Name Price/Usage Fee QTY Subtotal
Professional Services - Standard Implementation Fee $350.00 69.00 $24,150.00 Hardware and Software Products
Annual recurring amounts over subscription term
Name Price/Usage Fee QTY Subtotal
Falcon $2,500.00 69.00 $172,500.00
Raven Audio Detection Device - 1mi $25,000.00 2.00 $50,000.00 Subtotal Year 1: $246,650.00
Subscription Term: 24 Months
Annual Recurring Total: $222,500.00
Estimated Sales Tax: $0.00
Total Contract Amount: $469,150.00
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I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.
\FSInitials1\
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: CA-City of La Quinta
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
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GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block of the Order Form (“Agency”) (each a “Party,” and together, the “Parties”).

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Agency upon the instructions of Non-Agency End User (as defined below) (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 “Advanced Search” means the provision of Services, via the web interface using Flock’s software applications, which utilize advanced evidence delivery capabilities including convoy analysis, multi-geo search, visual search, cradlepoint integration for automatic vehicle location, and common plate analysis.

1.2 “Agency Data” means the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.

1.3 “Agency Generated Data” means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite.
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1.4. “Agency Hardware” means the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

1.6 “Authorized End User(s)” means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.7 “Deployment Plan” means the strategic geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Services required under this Agreement.

1.8 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.9 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware or Agency Hardware.

1.10 “Falcon Flex” means an infrastructure-free, location-flexible license plate reader camera that enables the Agency to self-install.

1.11 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.

1.12 “Flock IP” means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.13 “Flock Safety Falcon™” means an infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.14 “Flock Safety Raven™” means an audio detection device that provides real-time alerting to law enforcement based on programmed audio events such as gunshots, breaking glass, and street racing.

1.15 “Flock Safety Sparrow™” means an infrastructure-free license plate reader camera for residential roadways that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes. 418 Click Here to Return to Agenda

1.17 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services.

1.18 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.19 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined below.

1.20 “Installation Services” means the services provided by Flock for installation of Agency Hardware and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware.

1.21 “Non-Agency End User(s)” means any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.

1.22 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.23 “Support Services” means Monitoring Services, as defined in Section 2.10 below.

1.24 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.25 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services, in accordance with the terms of this Agreement.

1.26 “Wing Suite” means the Flock interface which provides real-time access to the Flock Services, location of Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations.

1.27 “Wing Livestream” means real-time video integration with third-party cameras via the Flock interface.

1.28 “Wing LPR” means software integration with third-party cameras utilizing Flock’s Vehicle Fingerprint Technology™ for license plate capture.

1.29 “Wing Replay” means enhanced situational awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third-party cameras. 419 Click Here to Return to Agenda

1.30 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days.

Authorized End Users will be required to sign up for an account and select a password and username (“User ID”).

Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and Flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the Web Interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Services as contemplated herein, and under Section 2.5 below.

2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface.

2.5 Usage Restrictions.
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2.5.1 Flock IP. The permitted purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.

2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.

2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.

2.7 Suspension.

2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Agency; (b) Agency’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for 421 Click Here to Return to Agenda
anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Agency’s account (“Service Suspension”). Agency shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.

2.7.2 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.

2.8 Installation Services.

2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) will incur a charge for Flock’s thencurrent list price for Reinstalls, as listed in the then-current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware. 422 Click Here to Return to Agenda

2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.

2.8.3 Flock’s Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products.

2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency default on any 423 Click Here to Return to Agenda
payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.

2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).

Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected], at no additional cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on-site services for Falcon Flex.

2.11 Special Terms. From time to time, Flock may offer certain special terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon Agency’s prior written consent (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency 424 Click Here to Return to Agenda
will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency. Authorized End Users shall only use Agency-issued email addresses for the creation of their User ID. Agency is responsible for any activity associated with its account.

Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing 425 Click Here to Return to Agenda
Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order.

4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.5. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency Data.

4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to monitor or enforce Agency’s intellectual property rights to Agency Generated Data. To the extent legally permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data.
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4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts. Parties understand that the aforementioned license is required for continuity of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated Data.

5. PAYMENT OF FEES

5.1. Fees. Agency shall pay the fees as set forth in the Order Form.

5.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock thirty (30) days after the date of invoice. If Agency is a non-tax-exempt entity, Agency shall be responsible for all applicable taxes associated with Services (for non-tax-exempt reasons). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, to receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had due to such billing error.

6. TERM AND TERMINATION

6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form and shall commence at the time outlined in this section below (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 427 Click Here to Return to Agenda
a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party. b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware.
c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware. d. For Falcon Flex products: the Term shall commence upon execution of this Agreement. e. For Advanced Search products: the Term shall commence upon execution of this Agreement.

6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products and Advanced Search are not subject to refund for early termination. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination. Agency’s termination of this Agreement for Flock’s material breach of this Agreement shall not be considered a termination for convenience for the purposes of this Section 6.2.

6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.

6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further described in Section 4.2 (“No-Fee Term”). In the event a Non-Agency End User grants Agency access to Footage and/or notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No-Fee Term upon thirty (30) days’ notice to Agency. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice. 428 Click Here to Return to Agenda

6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2, 8.3,

8.4, 9.1 and 9.6.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT

MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 429 Click Here to Return to Agenda
PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request.

7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid-19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.

8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS

SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),

OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE

OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE

CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH

ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR

OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF

ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED 430 Click Here to Return to Agenda
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees.

9. INDEMNIFICATION
Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third Party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.1 or this Agreement.

10. MISCELLANEOUS

10.1 Compliance With Laws. The Agency agrees to comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice.

10.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

10.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, 431 Click Here to Return to Agenda
(i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail.

10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. Flock shall at all times be and act as an independent contractor.

10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

10.7 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be 432 Click Here to Return to Agenda
governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

10.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

10.11 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
AGENCY NOTICES ADDRESS:

ADDRESS:
/FlockAgencyNoticeAddress1/
ATTN: /FlockAgencyNoticeAttention1/
EMAIL: /FlockAgencyNoticeEmail1/
433 Click Here to Return to Agenda
434 Click Here to Return to Agenda




 
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462 Click Here to Return to Agenda
Policy
412
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Copyright Lexipol, LLC 2020/01/13, All Rights Reserved.

Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 1
Automated License Plate Readers
412.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 412.2 POLICY
The policy of the Riverside County Sheriff's Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 412.3 ADMINISTRATION
The ALPR technology, allows for the automated detection of license plates. It is used by the Riverside County Sheriff's Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to arrest warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Support Services Chief Deputy. This chief deputy will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 412.3.1 ALPR ADMINISTRATOR
The Support Services Chief Deputy shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.

ATTACHMENT 3
463 Click Here to Return to Agenda
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers
Copyright Lexipol, LLC 2020/01/13, All Rights Reserved.

Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 2
412.3.2 PUBLIC HEARING
Before implementing the current ALPR program within Riverside County, the department invited public opinion on the matter during an open meeting of the Riverside County Board of Supervisors in late 2017.
412.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. This training will be facilitated via the DocRead format and will cover general ALPR use, legal requirements, privacy issues, and data collection and destruction guidelines. (e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the deputy should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
412.4.1 REPORT WRITING
The ALPR EDP code shall be used as a secondary EDP and is required on any written report where ALPR technology was effectively utilized during an investigation. For example, if an abandoned stolen vehicle is located via a notification from the ALPR system, the recovery should be documented as a Stolen Vehicle Recovery and the corresponding EDP for the recovery should be first on the Form A. On the second line of the Form A, “ALPR” should be entered in the offense section and "25T1-N" should be entered in the EDP code section. This practice will ensure proper identification of ALPR-related incidents and crime trends. 412.5 DATA COLLECTION AND RETENTION
The Support Services Chief is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures. 464 Click Here to Return to Agenda
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers
Copyright Lexipol, LLC 2020/01/13, All Rights Reserved.

Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 3
All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 412.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Riverside County Sheriff's Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relates to a specific criminal investigation or department-related civil or administrative action. Department members shall only use their own assigned username and password when accessing any ALPR system. Department members shall include an identifiable justification, such as a file number, when accessing ALPR data. (c) Any printed ALPR information must be destoyed using a secure method. No materials shall be disposed of in regular trash or recycling containers. (d) NO ALPR data shall be given, sold, shared or otherwise transferred to any unauthorized party.
(e) ALPR system audits should be conducted on a regular basis. (f) Any breach or unauthorized or unintentional release of any ALPR information shall be immediately reported to the Support Services Chief Deputy. 412.6.1 DATA SECURITY AND RETENTION
(a) Electronic data gathered during ALPR usage is the property of the Riverside County Sheriff’s Department. The approved ALPR vendor will maintain responsibility for adherence to protocols involving information security in accordance with FBI CJIS security policy. The approved vendor will also be responsible for executing retention and/or deletion routines of electronically stored data as specified by the Riverside County Records Management and Archive Policy and in compliance with applicable laws.
(b) Authorized Department vendors with access to systems containing ALPR data shall maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. 465 Click Here to Return to Agenda
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers
Copyright Lexipol, LLC 2020/01/13, All Rights Reserved.

Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 4
(c) Sheriff’s TSB will require that ALPR login and query records are retained for a period of two years unless the information has been requested for investigative or other legal reasons. Any records retained must contain, at a minimum, the following information:
(a) The date and time ALPR information was accessed;
(b) The username of the person who accessed the information; (c) The license plate number or other data elements used to query the ALPR system;
(d) The stated purpose for accessing the information.
(d) ALPR records retained by the Department will be maintained, safeguarded, and purged according to all applicable laws and policies. Consistent with Government Code § 26202 and Riverside County Records Management and Archive Policy A-43, raw ALPR information will be retained for a period of two years and then be deleted.

ALPR data that may be needed for active or probable litigation, is the subject of an active public records request, or is needed for auditing purposes shall be maintained until the underlying matters are fully resolved before being deleted. ALPR information documented in criminal and/or administrative reports will follow the same retention period as the report. ALPR information placed in evidence will remain secured as evidence until destroyed per Department policy. Deletion of ALPR data will follow the steps specified pursuant to Board of Supervisors policy and in accordance with the Sheriff Department’s records retention schedule.
412.6.2 CUSTODIAN OF RECORD
The Commander of TSB, acting on behalf of the Riverside County Sheriff’s Department, is responsible for implementing the provisions of this usage and privacy policy as the official custodian/owner of the ALPR system, and ALPR information covered herein. 412.7 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the affected commander or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). Public record requests for ALPR data shall be routed to the CPRA Unit for disposition. 466 Click Here to Return to Agenda
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers
Copyright Lexipol, LLC 2020/01/13, All Rights Reserved.

Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 5
412.8 TRAINING
The department will ensure the presentation of department-approved training to those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). 467 Click Here to Return to Agenda
468 Click Here to Return to Agenda

AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“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 Flock’s Automated License Reader services, including software and hardware, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Notwithstanding any provisions in Exhibit A to the contrary, the terms and conditions in this Agreement excluding Exhibit A shall supersede, govern, and control in the event that there are any inconsistencies or direct or indirect conflicting provisions in Exhibit A, it being expressly understood and agreed by the Parties that Contracting Party has requested that it’s form agreement be attached to this Agreement as Exhibit A.

Contracting Party represents and warrants that Contracting Party is a provider of firstclass 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 ATTACHMENT 4 469 Click Here to Return to Agenda
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hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

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

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

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

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

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any 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, 470 Click Here to Return to Agenda
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restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer or assigned designee.

Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

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

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Ninety-Six Thousand, Six Hundred Fifty Dollars ($196,650.00), during the first year of the term and One Hundred Seventy-Two Thousand, Five Hundred Dollars $172,500 for each subsequent year. (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.
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2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules, and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

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

3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the 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 15, 2023, and terminate on April 14, 2025 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”), 472 Click Here to Return to Agenda
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and executed in writing. The Initial Term and, if applicable the Extended Term, are defined to be the “Term” of the Agreement.

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) Flock Group Inc.
1170 Howell
Mill Road NW, Ste 210
Atlanta, GA 30318
ATTN: Legal
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: Public Safety Manager
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 Public Safety 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 473 Click Here to Return to Agenda
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express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

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

City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, 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.
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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.

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 475 Click Here to Return to Agenda
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thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

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

7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and 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.
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7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.

7.5 Licensing of Intellectual Property. This Agreement creates a 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 477 Click Here to Return to Agenda
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out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

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

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the 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.
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8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable 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.
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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.

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: Public Safety Manager
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

FLOCK GROUP INC.
1170 Howell
Mill Road NW, Ste 210
Atlanta, GA 30318

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

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

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

10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.

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. 481 Click Here to Return to Agenda
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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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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California Municipal Corporation

JON McMILLEN, City Manager
City of La Quinta, California
Dated:

CONTRACTING PARTY:

By:

Name:

Title:

ATTEST:

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

Name:

Title:

APPROVED AS TO FORM:

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

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