Agenda packet — La Quinta City Council, October 17, 2023 (part 1 of 2)

CITY COUNCIL AGENDA Page 1 of 7 OCTOBER 17, 2023

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, OCTOBER 17, 2023
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, Mayor Evans

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda.

The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION.

SIGNIFICANT EXPOSE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

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

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CITY COUNCIL AGENDA Page 2 of 7 OCTOBER 17, 2023

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. TALUS – PROJECT STATUS UPDATE

CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

PAGE

1. APPROVE SPECIAL JOINT MEETING MINUTES OF THE CITY COUNCIL AND PLANNING COMMISSION OF SEPTEMBER 26, 2023
9 2. APPROVE CITY COUNCIL MEETING MINUTES OF OCTOBER 3, 2023 13

3. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND DEPUTY CITY CLERK TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY CLERKS’

NEW LAW AND ELECTIONS SEMINAR IN SAN DIEGO, CALIFORNIA, DECEMBER 13 – 15, 2023
21 4. EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE OCTOBER 10, 2023, PLANNING COMMISSION MEETING
23 5. APPROPRIATE FUNDING AND AWARD CONTRACT TO LEONIDA BUILDERS, INC FOR THE COVE TRAILS PARKING LOT IMPROVEMENTS PROJECT NO. 2022-30
25 6. APPROVE EXTENDING THE LEASE AGREEMENT WITH PACIFIC MOBILE STRUCTURES THROUGH 2025 FOR THE PUBLIC WORKS MAINTENANCE

TRAILER
29 7. ADOPT RESOLUTION TO AUTHORIZE EXAMINATION OF (1) SALES AND USE TAX RECORDS, AND (2) TRANSACTION AND USE TAX RECORDS [RESOLUTION NO. 2023-035]
41 8. APPROVE DEMAND REGISTERS DATED SEPTEMBER 29, AND OCTOBER 6, 2023
47 9. APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED JULY 21, AUGUST 4, AND SEPTEMBER 1, 2023
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CITY COUNCIL AGENDA Page 3 of 7 OCTOBER 17, 2023

STUDY SESSION
PAGE

1. DISCUSS LAND-BASED FINANCING OPTIONS AND PROVIDE DIRECTION

REGARDING FUTURE POLICY UPDATES
69 BUSINESS SESSION
PAGE
73 119

1. APPROVE AMENDMENT NO. 5 AND RELATED DOCUMENTS TO PURCHASE,

SALE, AND DEVELOPMENT AGREEMENT WITH SILVERROCK

DEVELOPMENT COMPANY, LLC, SILVERROCK PHASE I, LLC, AND

SILVERROCK LAND II, LLC, TALUS LA QUINTA (FORMERLY

SILVERROCK RESORT) AND REQUIRE DEVELOPER TO PRESENT

MONTHLY PROGRESS UPDATES AT COUNCIL MEETINGS ONCE

FINANCING IS CLOSED AND UNTIL THE LUXURY HOTEL IS OPEN

2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH CARAHSOFT

TECHNOLOGY CORPORATION FOR THE PURCHASE AND

IMPLEMENTATION OF ZOOM CLOUD PHONE SYSTEM AND RELATED

SOFTWARE

3. INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.60 OF THE LA QUINTA

MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE [ORDINANCE NO. 605]
177
STUDY SESSION – CONTINUED
PAGE

2. DISCUSS CITY BRANDED MERCHANDISE 185

3. DISCUSS OPTIONS FOR USE OF RECENTLY ACQUIRED HISTORICAL BUILDING LOCATED AT 51001 EISENHOWER DRIVE
187
PUBLIC HEARINGS – None

DEPARTMENTAL REPORTS

1. CITY MANAGER – MARKETING QUARTERLY REPORT – JULY – SEPTEMBER 2023
189

2. CITY ATTORNEY

3. CITY CLERK – SHORT-TERM VACATION RENTAL PROGRAM
CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW – QUARTERLY REPORT – JULY – SEPTEMBER 2023
195

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC SAFETY

8. PUBLIC WORKS
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CITY COUNCIL AGENDA Page 4 of 7 OCTOBER 17, 2023

MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

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

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

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

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

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

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

13. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Fitzpatrick)

14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

15. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

16. CVAG PUBLIC SAFETY COMMITTEE (Peña)

17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)

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

19. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey)

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

21. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

22. SUNLINE TRANSIT AGENCY (Peña)

23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)

24. ANIMAL CAMPUS COMMISSION (Sanchez)

25. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez & Peña)

26. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

27. FINANCIAL ADVISORY COMMISSION MEETING MINUTES OF AUGUST 9, 2023 203

28. PLANNING COMMISSION MEETING MINUTES OF JUNE 27, 2023 207

29. PLANNING COMMISSION MEETING MINUTES OF AUGUST 22, 2023 215

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on November 7, 2023, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

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CITY COUNCIL AGENDA Page 5 of 7 OCTOBER 17, 2023

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on October 13, 2023.

DATED: October 13, 2023
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.

PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

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

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CITY COUNCIL AGENDA Page 6 of 7 OCTOBER 17, 2023

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

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

In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments.

Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor.

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda.

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CITY COUNCIL AGENDA Page 7 of 7 OCTOBER 17, 2023
*** TELECONFERENCE PROCEDURES – PURSUANT TO AB 2449***

APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

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

ZOOM LINK: https://us06web.zoom.us/j/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 – 8782
Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at [email protected] any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

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8 CITY COUNCIL AND PLANNING COMMISSION Page 1 of 3 SEPTEMBER 26, 2023

SPECIAL JOINT MEETING MINUTES

CITY COUNCIL & PLANNING COMMISSION

SPECIAL JOINT MEETING

MINUTES
TUESDAY, SEPTEMBER 26, 2023

CALL TO ORDER
A special joint meeting of the La Quinta City Council and Planning Commission was called to order at 4:00 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, and Mayor Evans ABSENT: Mayor Pro Tem Sanchez
PRESENT: Commissioners Caldwell, Guerrero, Hassett, Hernandez, McCune, Tyerman, and Chairperson Nieto
ABSENT: None
MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to excuse Mayor Pro Tem Sanchez’s absence. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Sanchez).

PLEDGE OF ALLEGIANCE
Planning Chairperson Nieto led the audience in the Pledge of Allegiance.

CONFIRMATION OF AGENDA – Confirmed

PLANNING COMMISSIONER HERNANDEZ JOINED THE SPECIAL JOINT MEETING AT 4:02 P.M.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Announced out of Agenda order after Study Session >>>
City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received on Matters Not on the Agenda from La Quinta resident Claudia Snyder regarding an unpermitted special event recently held at the DuPont Estate, which were distributed to Council and the Planning Commission, made public, published on the City’s website, and included in the public record of this meeting.

STUDY SESSION

1. UPDATE ON HIGHWAY 111 CORRIDOR SPECIFIC PLAN – PROJECT NO. 2019-05
CONSENT CALENDAR ITEM NO. 1
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CITY COUNCIL AND PLANNING COMMISSION Page 2 of 3 SEPTEMBER 26, 2023

SPECIAL JOINT MEETING MINUTES
PUBLIC SPEAKER: Steve Cherry, La Quinta – said he was unhappy that nothing of substance has been done on this project in the last four years; complained about the lack of signage identifying store locations along the Highway 111 corridor; and wants a Sunline bus route along Madison Street and a stop-and-go bus line along Highway 111.

PUBLIC SPEAKER: Alena Callimanis, La Quinta – parking of Home Depot rental vehicles and the In-N-Out Burger and Chick-fil-A along Highway 111 are unattractive; and thanked the City for all the support provided during the Tropical Cyclone Hilary storm event.

Design and Development Director Castro and Planning Manager Flores introduced GHD, Inc. consultants: 1) Todd Tregenza, Senior Transportation Planner, AICP, the overall project manager for this project, and 2) Jonathan Linkus, Service Line Leader – Urban Planning and Communities, and Planning Lead for this project, who presented the staff report, which is on file in the Clerk’s Office.

Council and Commissioners discussed the density of the affordable housing project in the City of Indio located at Highway 111 and Jefferson Street; options for small-format retail/shaded outdoor malls; small retail interspersed with large box stores, often in parking lots; forward-thinking and synergy opportunities for existing commercial owners; interviews with current stakeholders resulted in them addressing their existing issues; housing infill, including short-term vacation rental units, along the corridor; learning what works/doesn’t work regarding high density housing; the increase in urban bicycling; the need to rethink all streets to accommodate bicycles; to diversify, a restaurant or bar on top floors of buildings is a consideration; the market demand for affordable housing, and possible locations along the corridor; controlling design standards, setbacks, open space, landscaping, etc. on affordable housing projects; activating housing complexes with ground floor retail, or office, etc.; basis of retail market demand estimates; and the future of retail.

MAYOR EVANS ASKED COUNCILMEMBER PEÑA TO ASSUME PRESIDING

OFFICER RESPONSIBILITIES FOR THE REMAINDER OF THE SPECIAL JOINT MEETING AND LEFT THE DAIS AT 5:03 P.M.

Council and Commissioners discussed changes in buying habits and reduction of parking needed by big box stores; feasibility of including medical office space in the plan; financial viability of market-rate housing if permitted to build four stories or more; making the cultural trail more inviting, have it meander in and out of pocket parks, retail and restaurants; making the corridor more driver-friendly and attractive to drivers; current landscaping of some retailers is very poor, standards need to be enforced; using kiosks with shared covered seating for infill; means to adjust setback standards; tactics the City can use to spur the type of development desired, such as incentives, buying a section of parking lots, etc.; and perhaps it’s time to start a General Plan discussion.

COUNCILMEMBER PEÑA CALLED FOR A BRIEF RECESS AT 5:46 P.M. 10 CLICK HERE to Return to Agenda
CITY COUNCIL AND PLANNING COMMISSION Page 3 of 3 SEPTEMBER 26, 2023

SPECIAL JOINT MEETING MINUTES
COUNCILMEMBER PEÑA RECONVENED THE SPECIAL JOINT MEETING AT 6:07 P.M. WITH COUNCILMEMBERS FITZPATRICK AND McGARREY, AND

PLANNING COMMISSIONERS CALDWELL, GUERRERO, HASSETT,
HERNANDEZ, McCUNE, TYERMAN, AND CHAIRPERSON NIETO PRESENT Council and Commissioners discussed looking forward to the final corridor Specific Plan; California Environmental Quality Act (CEQA) calculations for workforce housing; reconsidering the height of buildings along the Whitewater wash; timing of planned repaving and this project along Highway 111; moving bus stops closer to internal housing complexes; using smaller bus vehicles; power supply to all new development will be a major component; use of parking structures to reduce parking footprint; reexamining landscape, especially trees, and using permeable parking material; blending the new updated development with the old, existing retail and asphalt; need to consider this vision for the corridor’s future when reviewing all new projects; and staff was urged to bring this corridor Specific Plan to Council as a Business Session item as soon as possible.

City Clerk Radeva announced Written Public Comments received on Matters Not on the Agenda as noted on page 1 of these minutes, out of Agenda order.

COUNCIL AND PLANNING COMMISSION MEMBERS’ ITEMS – None

ADJOURNMENT
There being no further business, Councilmember Peña adjourned the special joint meeting at 6:59 p.m.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL MINUTES Page 1 of 7 OCTOBER 3, 2023

CITY COUNCIL

MINUTES
TUESDAY, OCTOBER 3, 2023

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey (joined the meeting 3:40 p.m.), Peña, and Mayor Evans
ABSENT: Mayor Pro Tem Sanchez
MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to excuse Mayor Pro Tem Sanchez’s absence from tonight’s meeting. Motion passed: ayes – 3, noes – 0, absent – 2 (McGarrey and Sanchez), abstain – 0.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

CONFIRMATION OF AGENDA
Councilmember Fitzpatrick said she would like to comment on Consent Calendar Item Nos. 4 and 5. Council concurred.

CLOSED SESSION

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

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:32 P.M.

CITY ATTORNEY IHRKE REPORTED DURING “REPORT ON ACTION(S) TAKEN IN CLOSED SESSION” THAT COUNCILMEMBER MCGARREY JOINED THE COUNCIL MEETING AT 3:40 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:06 P.M. WITH ALL MEMBERS PRESENT WITH THE

EXCEPTION OF MAYOR PRO TEM SANCHEZ
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

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

CONSENT CALENDAR ITEM NO. 213 CLICK HERE to Return to Agenda CITY COUNCIL MINUTES Page 2 of 7 OCTOBER 3, 2023

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Philip Bettencourt, La Quinta – said he is the official representative of the Marine Committee for Rancho La Quinta Homeowners Association (HOA) who are again hosting a Thanksgiving Day Ceremony for the U.S. Marine Corp, which offers Marines use of HOA facilities such as golf, tennis, and pickleball, and offers valley residents the opportunity to share their Thanksgiving Day with Marines from the Air Ground Combat Center in 29 Palms; and extended an invitation to the Council to join the Rancho La Quinta residents at the Ceremony to welcome the Marines.

Mayor Evans, on behalf of the Council, thanked the Rancho La Quinta HOA for their hospitality and thoughtfulness.

PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker Realtor and La Quinta resident – provided an update on Chamber events and activities, including the State-of-the-City event, held on 9/28/2023 at the Embassy Suites Hotel, and thanked the Council and City staff for their collaboration and attendance; and noted upcoming events, and announcements of new businesses.

PUBLIC SPEAKER: Kristine Hinos, La Quinta – requested information on the Cove gas project underway.

Councilmember McGarrey disclosed that she works for Southern California Gas Company, and provided a brief description of the project to upgrade gas lines.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. PROCLAMATION IN RECOGNITION OF NATIONAL FIRE PREVENTION WEEK – OCTOBER 8–14, 2023
Mayor Evans presented a Proclamation in recognition and observance of National Fire Prevention Week; this year’s theme is “Cooking safety starts with YOU! Pay attention to fire prevention,” and the campaign aims to educate the public about simple but important steps that can be taken to help reduce the risk of fire when cooking at home.

Riverside County Fire Department La Quinta Division Chief Richard Tovar accepted the proclamation, thanked Council for the recognition, and briefly spoke about the importance of fire safety and prevention.

2. PROCLAMATION IN RECOGNITION OF ROBERT AND TINA CUNARD FOR 42

YEARS OF BUSINESS IN THE CITY WITH CUNARD'S SANDBAR
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CITY COUNCIL MINUTES Page 3 of 7 OCTOBER 3, 2023
Mayor Evans read the history of Mr. and Mrs. Cunard in La Quinta, and Cunard’s Sandbar; Mayor Evans presented a proclamation to Robert “Bob” and Tina Cunard in recognition of 42 years of business in the City.

Mr. Cunard spoke of the restaurant’s history, and he and his family accepted the proclamation with thanks.

3. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA CHAPTER - COACHELLA VALLEY BRANCH – AWARDED THE PROJECT OF MERIT AWARD 2022-2023 FOR THE TRAFFIC, MOBILITY, AND

BEAUTIFICATION CATEGORY TO THE CITY OF LA QUINTA FOR THE JEFFERSON STREET AT AVENUE 53 ROUNDABOUT PROJECT NO. 2017-09 Mayor Evans congratulated the City on obtaining this prestigious award.

Public Works Director/City Engineer McKinney commended the collaborative efforts and thanked the La Quinta community, staff, and City consultants for their engagement and work on the project.

CONSENT CALENDAR

1. APPROVE MINUTES OF SEPTEMBER 19, 2023

2. AUTHORIZE OVERNIGHT TRAVEL FOR MAINTENANCE & OPERATIONS

SUPERINTENDENT TO ATTEND CALIFORNIA PARKS AND RECREATION

SOCIETY MAINTENANCE MANAGEMENT SCHOOL IN LAKE ARROWHEAD, CALIFORNIA NOVEMBER 6 - 10, 2023

3. EXCUSE ABSENCE OF COMMISSIONER CASTO FROM THE SEPTEMBER 13, 2023, QUARTERLY HOUSING COMMISSION MEETING

4. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND

ADVERTISE FOR BID THE EISENHOWER BASIN SLOPE REPAIR PROJECT NO. 2023-22 LOCATED ON THE WEST SIDE OF EISENHOWER DRIVE

BETWEEN AVENIDA FERNANDO AND COACHELLA DRIVE

5. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND

ADVERTISE FOR BID THE CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-15

6. APPROVE DEMAND REGISTERS DATED SEPTEMBER 15, AND 22, 2023

7. APPROVE AMENDMENT NO. 1 TO AMENDED AND RESTATED AGREEMENT

FOR CONTRACT LEGAL SERVICES WITH RUTAN & TUCKER, LLP
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CITY COUNCIL MINUTES Page 4 of 7 OCTOBER 3, 2023
COMMENTS ON CONSENT CALENDAR ITEMS:

ITEM NO. 4 - Councilmember Fitzpatrick said some of the repairs were caused by recent storm damage, and Mayor Evans explained the location and extent of the damage.

ITEM NO. 5 – Councilmember Fitzpatrick asked City Engineer McKinney to explain the details of the slurry seal improvement projects, and Councilmember McGarrey provided additional detail.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as recommended. Motion passed: ayes – 4, noes – 0, absent – 1 (Sanchez), abstain – 0.

BUSINESS SESSION

1. APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2023/24
Management Analyst Calderon presented the staff report, which is on file in the Clerk’s Office.

Mayor Evans and Councilmember McGarrey noted they are members of the Rotary Club, which does not constitute a conflict of interest in voting on this item.

The following PUBLIC SPEAKERS, listed in the order in which they spoke, provided an overview of the objectives, services, and programs their respective organizations offer to the community:
 Donald Kagan, Volunteer Team Lead with California Care Force Council expressed a consensus to add a $500 starter grant for the California Care Force to the First Round of Community Services Grant allocations.  Dr. Rick Axelrod, Assistant Medical Director with LifeStream Blood Bank of San Bernardino and Riverside Counties
 Bruce Cathcart, Secretary with The Rotary Club of La Quinta Foundation  Dr. Janet Braslow, Tech Trek Coordinator AAUS PS with American Association of University Women Inc.
 Dom Calvano, President and co-founder of Alzheimer’s Coachella Valley  Jill Beighley, Operation School Bell Chair and Past President with Assistance League Coachella Valley
 Juanita Hernandez, Program Specialist with Autism Society Inland Empire (attending via Teleconference)
 Kelly Becker, La Quinta High School Teacher, and La Quinta High School Boys’ & Girls’ Water Polo Team; and La Quinta High School Students Cameron JacksonDungey, accompanied by Bella Garczynski, Ella Kotz, and Audrey Lennon 16 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 5 of 7 OCTOBER 3, 2023
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve the first round Community Services Grants for fiscal year 2023/24 as detailed below for a total not to exceed amount of $25,450:
 American Association of University Women Inc. (AAUW CA SPF) $2,500  Alzheimer’s Coachella Valley (ACV) $ 500
 Assistance League Coachella Valley $2,000
 Autism Society Inland Empire $2,500
 La Quinta High School Blackhawk Boosters (Aquatics) $5,000  La Quinta High School Boys’ & Girls’ Water Polo Team $5,000  LifeStream (Blood Bank of San Bernardino & Riverside Counties) $2,500  The Rotary Club of La Quinta Foundation $4,950
 (added) California Care Force $ 500
Motion passed: ayes – 4, noes – 0, absent – 1 (Sanchez), abstain – 0.

2. APPROVE VETERAN NOMINATIONS FOR INCLUSION ON VETERANS’

ACKNOWLEDGEMENT MONUMENTS AT CIVIC CENTER CAMPUS
Community Services Management Analyst Calderon introduced Administrative Technician Erika Arvizu who presented the staff report, which is on file in the Clerk’s Office.

Council discussed possible criteria change to reduce the duration of residency which allows for more new residents to be included; and standardizing the plaques for consistency (the Coast Guard plaques states “U.S.” whereas all other service branches spell out “United States”.

MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to approve the 21 veteran nominations, as listed in the staff report, for inclusion on the City’s Veterans Acknowledgment Monuments at Civic Center Campus. Motion passed: ayes – 4, noes – 0, absent – 1 (Sanchez), abstain – 0.

3. APPROVE AN AMENDMENT TO COOPERATIVE AGREEMENT WITH THE

COUNTY OF RIVERSIDE, FOR FIRE PROTECTION, FIRE PREVENTION,

RESCUE, FIRE MARSHAL, AND MEDICAL EMERGENCY SERVICES, TO

ADOPT THE MUNICIPAL STAFFING MODEL AND MODIFY STAFFING
LEVELS AT FIRE STATION 93
Public Safety Manager Mendez presented the staff report, which is on file in the Clerk’s Office with Riverside County Fire Deputy Division Chief Robert Fish of East Operations, and Riverside County Fire Division Chiefs Biran White and Richard Tovar providing additional information.

Council discussed the reduction in paramedics in the budget; the nationwide shortage of paramedics; CalFire’s program to recruit medics; staffing at Fire Stations No. 93, No. 70, and No. 32; definition of firefighter-medics – paramedics versus EMTs (emergency 17 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 6 of 7 OCTOBER 3, 2023
medical technician) versus BLSs (basic life support); staffing per engine; standard of quality expected by the Council and residents of La Quinta; concern for unfilled Captain positions; and recruitment efforts and local paramedic programs.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve an Amendment to Cooperative Agreement with the County of Riverside, for fire protection, fire prevention, rescue, fire marshal, and medical emergency services, to adopt the Municipal Staffing Model and modify staffing levels at Fire Station 93 as detailed in Attachment 1 to the staff report. Motion passed: ayes – 4, noes – 0, absent – 1 (Sanchez), abstain – 0.

STUDY SESSION – None
PUBLIC HEARINGS – None
Repeated item >>> PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Melissa Labayog, La Quinta – stated that there is a large short-term vacation rental (STVR) population in La Quinta; concerned about a large STVR property near her home; stated there is an ongoing investigation by the Riverside County Sheriff's Department regarding a possible sexual assault at a nearby STVR property; there was an unscheduled party last night at an STVR property; asked that STVR licenses be revoked and to remove all ability for strangers to stay at the following addresses:
 78435 Cameo Dunes Place
 46485 Cameo Palms Drive
 46555 Cameo Palms Drive
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña reported on his attendance at the Riverside County Sheriff’s Association Golf Tournament; and a land use bus tour for City Attorneys from various California cities.

Councilmember Fitzpatrick reported on her attendance at the Volunteer Captains KickOff meeting for the La Quinta Arts Celebration held on 9/28/2023.

Mayor Evans reported on her attendance at Coffee-with-a-Cop event; and the National Municipal Lawyers Association conference held at the La Quinta Resort last week.

Councilmember McGarrey reported on her attendance at Coffee-with-a-Cop event; and the La Quinta Farmer’s Market in Old Town.
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CITY COUNCIL MINUTES Page 7 of 7 OCTOBER 3, 2023

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2023, Mayor Evans reported on her participation in the following organization’s meeting:
 GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU
La Quinta’s representative for 2023, Councilmember Peña reported on his participation in the following organizations’ meetings:
 CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES  SUNLINE TRANSIT AGENCY

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to adjourn at 5:58 p.m. Motion passed: ayes – 4, noes – 0, absent – 1 (Sanchez), abstain – 0.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND

DEPUTY CITY CLERK TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY CLERKS’ NEW LAW AND ELECTIONS SEMINAR IN SAN DIEGO, CALIFORNIA, DECEMBER 13 – 15, 2023

RECOMMENDATION
Authorize overnight travel for the City Clerk and Deputy City Clerk, to attend the League of California Cities City Clerks’ New Law and Elections Seminar in San Diego, California, December 13 – 15, 2023.

EXECUTIVE SUMMARY
 Annually, the League of California Cities (League) holds the City Clerks’ New Law and Elections Seminar (Seminar) which provides updates on new election-related legislation and election best practices.
 The Seminar’s location rotates between northern and southern California cities; this year it is held in San Diego, CA.
 Staff will gain knowledge in key areas such as updates on elections, Fair Political Practices Commission, Public Records Act, records management, and performance management.

FISCAL IMPACT
Estimated expenses are $2,800, which includes registration, travel, lodging, and meals for two employees. Funds are available in the City Clerk’s Travel and Training budget (Account No. 101-1005-60320).

BACKGROUND/ANALYSIS
The League is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence State and Federal policy decisions that affect cities.

This annual event is a two-and-a-half-day intensive Seminar that provides participants with the tools and resources to stay abreast on new legislation; and will review key topics CONSENT CALENDAR ITEM NO. 3
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such as elections, new law, and Fair Political Practices Commission updates; new Public Records Act requirements; initiatives, referendums, and recalls; best practices for automating records management programs; and strategies for success in performance management. The Seminar also provides an opportunity to network with other industry professionals.

ALTERNATIVES
Council may elect not to approve this request; however, since this will provide information that is vital to successfully administering the 2024 Presidential election, staff does not recommend this alternative.

Prepared by: Laurie McGinley, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
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City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE OCTOBER 10, 2023, PLANNING COMMISSION MEETING

RECOMMENDATION
Excuse absence of Commissioner Mary Caldwell from the October 10, 2023, Planning Commission meeting.

EXECUTIVE SUMMARY
 On October 4, 2023, Commissioner Caldwell requested to be excused from the October 10, 2023, Planning Commission meeting due to previously scheduled travel.
 Commissioner Caldwell has one excused absence for fiscal year 2023/24.

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

BACKGROUND/ANALYSIS
Section 2.06.090 of the La Quinta Municipal Code states: “If any member of a board, commission or committee absents him or herself from two consecutive regular meetings, or absents him or herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after-the-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above-stated limitations on absences.”

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

Prepared by: Oscar Mojica, Permit Technician
Approved by: Monika Radeva, City Clerk
CONSENT CALENDAR ITEM NO. 4
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CONSENT CALENDAR ITEM NO. 5
City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDING AND AWARD CONTRACT TO LEONIDA

BUILDERS, INC FOR THE COVE TRAILS PARKING LOT IMPROVEMENTS PROJECT NO. 2022-30

RECOMMENDATION
Appropriate $29,000; award a contract to Leonida Builders, Inc. for the Cove Trails Parking Lot Improvements Project No. 2022-30 located on Calle Tecate between Avenida Madero and Avenida Juarez; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount.

EXECUTIVE SUMMARY
• This project has two locations with identical scopes of work (Attachment 1):
o Calle Tecate and Avenida Madero; Calle Tecate and Avenida Bermudas – Work will include removal of four (4) inches of unstable existing native dirt and rock and replace it with four (4) inches of compacted class II aggregate base.
• Leonida Builders, Inc. of Acton, California, submitted the lowest responsible and responsive bid at $89,850 (Attachment 2).

FISCAL IMPACT
This project is not currently part of the City’s Capital Improvement Program (CIP). Funding for this project in the amount of $100,000 was allocated from the Greater Palm Springs Convention and Visitors Bureau (GPSCVB) Tourism Grant for construction costs. Staff recommends appropriating an additional $29,000 from General Fund Unassigned Reserves to supplement the soft costs. The following is the requested project budget:

Total Budget
Design/Professional: $ 10,000
Inspection/Testing/Survey: $ 10,000
Construction: $ 89,850
Contingency: $ 19,150
Total Budget: $ 129,000
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BACKGROUND/ANALYSIS
In January 2023 the City’s grant application was approved for GPSCVB Tourism Grant funding. The grant will provide $100,000 towards the construction phase of the improvements. The improvements to the parking lots will support the ‘Greater Palm Springs’ destination pillars, stimulate the existing tourism location, and enhance the visitor experience. Also, the project will help mitigate the dust that is generated by vehicles driving over the native surface and allow for a more structured parking lot to include additional vehicles as well as allow for transit vans that bring hiking groups from the drive markets.

On September 12, 2023, staff solicited construction bids from qualified contractors. The City received six (6) bids on October 5, 2023. Leonida Builders, Inc. of Acton, California, submitted the lowest responsible and responsive bid at $89,850.

Contingent upon approval to award the project on October 17, 2023, the following is the project schedule:

Council Considers Project Award October 17, 2023
Execute Contract and Mobilize October 18 to November 6, 2023 Construction (10 Working Days) November 2023
Accept Improvements December 2023

ALTERNATIVES
Staff does not recommend an alternative.

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

2. Bid Comparison Summary
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*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend

VICINITY MAP
Notes
REPORT PRINTED ON... 7/6/2023 11:20:59 AM

COVE TRAILS PARKING LOT IMPROVEMENTS
0 6, 12,037
019
Feet
Blueline Streams
World Street Map
ATTACHMENT 1
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Bid Opening Date: 10/05/2023 COVE TRAILS PARKING LOT IMPROVEMENTS City Project No. 2022-30
Bid Comparison
ATTACHMENT 2
Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 16,000.00 $ 16,000.00 $ 15,000.00 $ 15,000.00 $ 3,612.00 $ 3,612.00 $ 5,000.00 $ $ 5,000.00 $ 10,000.00 $ 10,000.00 $ 6,426.00 $ 6,426.00 $ 21,895.00 $ 21,895.00 2 Site Control LS 1 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 $ 7,576.00 $ 7,576.00 $ 3,000.00 $ $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 18,500.00 $ 18,500.00 $ 1,073.00 $ 1,073.00 3 Dust Conrtrol LS 1 20,000.00 $ 20,000.00 $ 6,000.00 $ 6,000.00 $ 9,910.00 $ 9,910.00 $ 15,000.00 $ $ 15,000.00 $ 3,500.00 $ 3,500.00 $ 10,000.00 $ 10,000.00 $ 4,472.00 $ 4,472.00 4 Clearing and Grubbing/Earthwork LS 1 52,050.00 $ 52,050.00 $ 22,000.00 $ 22,000.00 $ 25,582.00 $ 25,582.00 $ $ 39,000.00 $ 39,000.00 $ 4,500.00 $ 4,500.00 $ 51,000.00 $ 51,000.00 $ 89,966.00 $ 89,966.00 5 Furnish and Install 4" Class II Aggregate Base CY 857 $ 80.00 $ 68,560.00 $ 50.00 $ 42,850.00 $ 66.40 $ 56,904.80 $ 61.00 $ 52,277.00 $ 115.00 $ 98,555.00 $ 115.00 $ 98,555.00 $ 84.63 $ 72,527.91 $ 166,610.00 $ 89,850.00 $ 103,584.80 $ 114,277.00 $ 119,555.00 $ 184,481.00 $ 189,933.91 $ 166,610.00 $ 89,850.00 $ 103,584.80 $ 114,277.00 $ 119,555.00 $ 184,481.00 $ 189,933.91 LCR Earthwork & Engineering
Corporation Granite Construction Company Prestige Paving Company Base Bid Only
Sub-Total Base Bid:

Engineer's Estimate - Base Bid Leonida Builders, Inc. Three Peaks Corporation Tri-Star Contracting II 28 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: APPROVE EXTENDING THE LEASE AGREEMENT WITH PACIFIC MOBILE STRUCTURES THROUGH 2025 FOR THE PUBLIC WORKS MAINTENANCE

TRAILER

RECOMMENDATION
Approve extending the Lease Agreement with Pacific Mobile Structures for two additional years, through October 31, 2025, for the Public Works maintenance trailer; and authorize the City Manager to execute the Lease.

EXECUTIVE SUMMARY
 In 2019, Council approved a two-year Lease Agreement (Lease) with Pacific Mobile Structures (Pacific) for the Public Works maintenance trailer, which was extended in 2021, and is set to expire on October 27, 2023.  Proposed Lease RO012213, included as Attachment 1, would extend the Lease for two additional years, through October 31, 2025.

FISCAL IMPACT
Funds are budgeted in fiscal year 2023/24 Facility and Fleet Fund account no. 501-0000- 71032 in the amount of $36,850. If needed, the Lease may be extended at the end of the two-years at the same monthly rate. There is an additional cost to remove the trailer at the end of the Lease, which is based on the rate in effect at the end of the Lease, and it is anticipated to be up to $20,000. Lease payments after October 2025 and the removal, if needed, will be budgeted in future fiscal years.

BACKGROUND/ANALYSIS
On August 6, 2019, Council approved a two-year Lease with Pacific for the Public Works maintenance trailer, which expired in October 2021. On September 21, 2021, Council approved a two-year Lease extension, which is set to expire on October 27, 2023, however, the Lease allows for an additional two-year extension.

The Lease is operational, meaning should the City decide to purchase the trailer at the end of the Lease, the purchase price would be $201,000, and the previous Lease payments would not be credited towards the purchase price. Staff does not recommend this option, CONSENT CALENDAR ITEM NO. 6
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as there has not been a long-term use identified for this trailer and it would be subject to additional costly relocation and utility hook-up connections at any potential site.

ALTERNATIVES
Council may direct staff to purchase the trailer from Pacific at a cost of $201,000; or Council could deny this request, and direct staff to seek other alternatives.

Prepared by: Alfred Berumen, Management Analyst
Approved by: Tony Ulloa, Facilities Deputy Director
Attachment: Lease Agreement with Pacific dated September 27, 2023 30 CLICK HERE to Return to Agenda
[email protected]
RO012213-202304270904 Page 1 of 2
Lease Agreement #RO012213
Date: 9/27/2023
Company:

City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253-2839
Contact:

Site Location:

City of La Quinta
78106 Francis Hack Ln
La Quinta, CA 92253-5220
Site Contact:

Michael Thompson
Cell: 951.816.0977
Office: 951.784.8990
Term: 24 Months Start: 11/01/2023 End: 10/31/2025 Delivery: 10/28/2019 PO/Job#:

Rental Costs Per Month Eff. Date Qty Rate Extended Tax
36x60 Office w/RR Rental – Unit# 3689 10/28/2019 1 $2,526.00 $2,526.00 $221.03 Rental - OSHA Step 10/28/2019 1 $10.00 $10.00 $0.88
Rental - Sublease Ramps 12/6/2022 1 $304.00 $304.00 $0.00 Subtotals $2,840.00 $221.91
Total Due Each Month $3,061.91
Estimated Removal Costs* Eff. Date Qty Rate Extended Tax Break, Remove - Skirting 1 R.I.E. $0.00 R.I.E.

Break, Remove - Standard 1 R.I.E. $0.00 R.I.E.

Break, Remove - Tiedown 12 R.I.E. $0.00 R.I.E.

Return - Freight 1 R.I.E. $0.00 R.I.E.
*Calculated at return using current market rates for lease terms greater than 12 mo. Subtotals $0.00 R.I.E.

Total Due at End of Lease R.I.E.

ATTACHMENT 1
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[email protected]
RO012213-202304270904 Page 2 of 2
Lease Agreement #RO012213
By signing below, the Lease Agreement becomes a binding contract between Pacific Mobile Structures (Lessor) and City of La Quinta (Lessee) in accordance with the terms and conditions set forth on the proceeding pages. Payment is due upon receipt of the first invoice. Lessee is to provide site improvements, utility connections, and handicap accessibility to the building. Building permits/fees and prevailing wages are not included. Site needs to be dry, compacted with minimum 1,500 PSF, level to +/- 6” difference in grade, and accessible by normal truck delivery. All costs to roll, crane or forklift building are not included. Ramping quoted assumes a grade difference of 30” to 36” from door threshold to ramp entrance. Standard setup does not include removal of axles, tires, and tow bars (available upon request). Extra trip charges may occur if Lessee stops work in progress. Removal costs are based on original term end date; after this date, costs will be based on prevailing rates at the date of termination.

Physical Damage & Commercial Liability insurance coverage is required beginning on the date of delivery. Before the return of the building, two weeks' notice is required.

Company Name: City of La Quinta
Printed Name Title of Authorized Corporate Signer
Signature Date
Invoicing Options
Please use the following email addresses for electronic delivery:

A/P email address on file: [email protected]
New A/P email address:

City of La Quinta is opting out of electronic delivery.

Invoices will be mailed to: New billing address:
78495 Calle Tampico
La Quinta, CA 92253-2839
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Rev. Sep 21

1. Lease
The transaction is a lease and not a sale. LESSEE does not acquire through this Lease or by payment of rental amounts, any right, title or interest in leased equipment, or any right to purchase such leased equipment. LESSEE acknowledges that the leased equipment is personal property and shall not, at any time, constitute real property, an improvement thereon or a fixture.

2. Rental Period
The rental period shall commence upon the date of delivery of the equipment by LESSOR to the LESSEE and continue until the termination date set forth in each Rental Order, or as earlier terminated as provided herein.

3. Determination of Rental Charges; Leased Equipment
LESSEE shall pay rent, on a monthly basis, in the amounts set forth in the Rental Order issued by LESSOR reflecting the negotiated rental rate and describing the leased equipment.

4. Payment
Payments are due on the first of each month in the amount described in each Rental Order and shall be deemed late if not paid by the 20th of each month, at which time a finance charge of 1% per month will be assessed until paid. Invoices issued by LESSOR are solely for LESSEE’s convenience and payment is due regardless of timely delivery of any invoice.

5. Access, Site Conditions, Utility Service
LESSEE shall provide free and clear access for delivery and return of leased equipment by standard mobile transport vehicles. LESSEE shall provide site that is dry, compacted with minimum 1,500 PSF, and level ground on no more than six-inch slope from one end to the other for safe installation and removal of the leased equipment. Site selection is the sole responsibility of LESSEE and LESSOR shall have no liability for determining the adequacy of any site. Furthermore, LESSOR solely reserves the right, for any reason, to refuse to release delivery and/or provide removal at any site it deems inadequate for use, installation and/or removal. LESSEE shall be responsible for obtaining any permits required to install, remove and operate the equipment. LESSEE shall provide at LESSEE’s expense site improvements, adequate electrical power, water and other utility services with proper connection to leased equipment and handicap accessibility to the building. LESSEE shall provide at LESSEE’s expense the disconnection of electrical power, water and other utility services prior to LESSOR’s pick up of the leased equipment.

6. Other Fees, Expenses and Taxes
In addition to the rental payments provided for herein, LESSEE shall pay all expenses, fees, charges, and fuel surcharges incurred in connection with the leased equipment during its delivery, use and return. Additional charges include, but are not limited to, the following instances: (1) where travel permits and/or pilots are required for delivery/return; (2) where the delivery site is not a level, compacted and accessible site; (3) where tie downs are required. The number of seismic tie-downs is estimated with assumptions to site surface and seismic zone. If engineering is requested, then the quantities will be adjusted to the engineered plans. If the tie down option is not taken, LESSEE assumes liability; (4) where alternate steps are needed (temporary steps furnished but steps may not meet all local codes); (5) where state/federal prevailing wages are required (unless quoted otherwise); (6) where axles, tires and tow bars need to be removed; (7) where extra trip charges are needed if LESSEE stops work in progress; (8) where grade for ramping is different than 30” to 36” from door threshold to ramp entrance; (9) where LESSEE delays the delivery of the equipment greater than 60 days from proposed delivery date; (10) where lease is cancelled prior to delivery of equipment and LESSOR has made modifications to the building or performed scope of work items. LESSEE also agrees to pay any fines, servicing costs, sales taxes, use taxes, personal or real property taxes and other use taxes, and all assessments and other governmental charges whatsoever payable on LESSEE’s use, possession, rental, shipment, transportation, delivery or operation thereof. If a lease is terminated early, the remaining contractual balance shall be immediately due and payable, unless waived by LESSOR in its sole discretion.

7. Delivery and Return of Leased Equipment
LESSOR shall not be liable to LESSEE for any failure or delay in delivering the leased equipment. By taking delivery thereof, LESSEE acknowledges that the leased equipment is in good working condition, free of any physical defect or damage, and is fit for the purpose for which it is leased. Further, the leased equipment shall remain at the delivery site until the termination of the lease, at which time LESSOR shall pick up the leased equipment. The leased equipment shall not be moved without LESSOR’s prior written consent. Two weeks’ notice is required prior to equipment return date. Rent is required to be paid until the leased equipment is picked up. Delivery and return costs will be quoted at time of rental. However, return costs are to be at the prevailing rate at termination of lease, thus they are subject to change depending on special circumstances such as fuel costs and delivery routes.

8. Eligible Use, Assignment, and Subletting
LESSEE shall use or permit the use of the leased equipment only for lawful purposes and operate in compliance with all laws. LESSEE shall use the interior of the equipment only for typical office, storage or restroom purposes and shall not in any scenario use the interior of the equipment for agriculture purposes. If the leased equipment is used by LESSEE or by any party in association with unlawful or ineligible purposes prior to it being returned to LESSOR, this shall result in an immediate DEFAULT of the lease. LESSEE agrees to reimburse LESSOR upon demand for any and all damages and incidental costs LESSOR incurs, including, but not limited to, time and cost expenses associated with participating in governmental administrative or law enforcement processes, attorney fees, and remedial costs. LESSEE shall not assign, transfer, sublet, or in any way assign its rights hereunder, and shall not pledge, permit to be liened, mortgaged, or otherwise encumber its rights or interests hereunder. All third-party claims of possession, interest or ownership by or through LESSEE as stated herein, shall be deemed invalid. LESSOR may assign its rights hereunder without notice to, or consent from, LESSEE.

9. Non-Liability of LESSOR and Indemnification
Unless caused solely by LESSOR’s gross negligence or willful misconduct, LESSOR shall not be liable to LESSEE for any third party claims, actions, suits or proceedings of any kind and nature whatsoever, including any damages, liabilities, penalties, costs, expenses and reasonable consultant and legal fees based on, arising out of, connected with or resulting from the leased equipment or by the use, maintenance, operation, handling or storage thereof, for the loss of LESSEE’s business or damages whatsoever or howsoever caused or for LESSEE’s obligations under this Lease (hereinafter “Claim(s)”), including, without limitation, Claims relating to ownership, use, possession or disposal of the leased equipment, Claims arising in contract or tort (including negligence, strict liability or otherwise), Claims arising out of latent defects of the leased equipment (regardless of whether the same are discoverable by LESSOR or LESSEE), Claims arising out of or relating to the violation of applicable law, including environmental law, or the existence or release of hazardous materials at the site where the leased equipment is located, or Claims arising out of any trademark, patent or copyright infringement, but excluding (a) any Claims that accrue in respect of circumstances that occur after LESSOR has taken possession of the leased equipment after termination of this Lease, provided that such Claims do not relate to LESSEE’s use, possession or operation of the leased equipment, or (b) any Claims that result from the gross negligence or willful misconduct of LESSOR. If any Claim is made against LESSEE or LESSOR, the party receiving notice of such Claim shall promptly notify the other, as set forth in Section 11, but the failure of such person receiving notice to notify the other shall not relieve LESSEE of any obligation hereunder. LESSEE shall indemnify, defend and hold harmless LESSOR, its employees and agents from any and all losses, damages, claims, demands, or liability of any kind whatsoever, including legal expenses and attorney’s fees arising from the use, condition or operation of the leased equipment.

10. Insurance Requirements
LESSEE, at its sole cost and expense, will obtain and keep in force, from the delivery date until the removal of the equipment, the following policies:
(a) Blanket Commercial General Liability Insurance providing coverage on ISO form CG 00 01 or a substitute providing equivalent coverage, and subject to policy limitations or exclusions reasonably acceptable to LESSOR, in the amount of not less than $1,000,000 per occurrence, naming LESSOR as additional insured and endorsed to state that it shall be primary and non-contributory insurance as respects to LESSOR’s insurance. All insurance held by LESSOR shall be excess, secondary and non-contributory as respects to LESSEE’s insurance. i. If LESSOR does not receive the general liability certificate prior to delivery, then the LESSEE will pay a monthly non-insurance penalty fee for each month that the LESSEE fails to provide the required certificate of insurance. Such fees shall be calculated by LESSOR at its then prevailing rate(s) and will not be refunded in arrears. LESSOR is not an insurance company and the fee is not an insurance policy. (b) Commercial Property Insurance, providing coverage under ISO CP 10 30, Causes of Loss-Special Form or the equivalent, and subject to policy limitations or exclusions reasonably acceptable to LESSOR, for an amount no less than 100% of the replacement cost of the leased equipment as established by LESSOR, with LESSOR added as loss payee.

Lease Agreement - Terms and Conditions
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Rev. Sep 21
i. If LESSOR does not receive the property insurance certificate as required prior to delivery or if the LESSEE selects the Property Damage Waiver, then the LESSEE will automatically be enrolled in the Property Damage Waiver Program (Program). LESSOR is not an insurance company and the Program is not an insurance policy. The Program only covers damage caused by fire, theft, vandalism and malicious mischief. The LESSEE is responsible for the first $2,000 in damages, per unit/per loss occurrence. The Program only covers the unit itself, and LESSEE is responsible for insuring the contents. The Program does not cover property damage caused by any of the following: (a) acts of God (earthquake, seismic activity, high winds, hurricane, tornado, flood), (b) acts of terrorism, (c) building contents, (d) damages caused by LESSEE or its employees, (e) collision damage from vehicles and other equipment, (f) collision damage while being transported or moved, or (g) abuse or neglect by LESSEE. The responsibility for property damage due to these perils is on the LESSEE. Either party can cancel the Program with ten (10) days prior written notice. If the Program is canceled, the LESSEE must provide Property insurance as required under section 10(b). All Program fees must be paid in order for this option to be valid. If the LESSEE fails to pay their rent or the Program fees, the Program will be terminated automatically. Fees will not be refunded in arrears. Claims must be reported to LESSOR by fax or email within 48 hours of their occurrence.

LESSEE shall be liable for all deductible portions of all required insurance. LESSEE will deliver certificates evidencing all such insurance to LESSOR prior to delivery of the equipment, provided, however, that LESSOR shall be under no duty either to ascertain the existence of or to examine such insurance policies or to advise LESSEE in the event such insurance coverage shall not comply with the requirements hereof. Each insurer shall agree by endorsement to the policy or policies issued by it or by an independent instrument furnished to LESSOR, that it will give LESSOR at least ten (10) days’ prior written notice of cancellation of the policy for nonpayment of premiums and at least thirty (30) days’ prior written notice for alteration or cancellation due to any other reason or for non-renewal of the policy. If the insurers are unable to or unwilling to provide such notice, LESSEE shall provide such notice. All required insurance shall be maintained with insurance companies rated A- X or better by AM Best (or an equivalent rating by another nationally recognized insurance rating agency of similar standing) or with other insurance companies satisfactory to LESSOR.

11. Accidents or Claims
LESSEE shall within 24 hours after any property damage or casualty event involving the leased equipment notify LESSOR by telephone, and within 48 hours notify LESSOR in writing. Said report shall state the time, place, and nature of the event, the damage sustained, the names and addresses of persons involved, persons injured and witnesses, and any other information relating to said event and it shall promptly forward to LESSOR all correspondence, notices or documents received in connection with any claim or demand relating to the leased equipment or its operation, and shall aid in the investigation and defense of all such claims and demands.

Nothing herein shall be deemed to modify the provisions of the paragraph herein in which LESSEE holds LESSOR harmless and indemnifies LESSOR against all these matters, and LESSOR shall have no responsibility to take any action whatsoever in the event of such casualty.

12. Maintenance and Damage
LESSEE shall at LESSEE’s own expense, and at all times, keep the equipment in good and efficient working order, condition and repair and shall maintain thereon such identification of ownership as LESSOR may require. LESSOR will maintain and make any repairs required from normal use to the roof, doors, windows, light fixtures, heating, ventilating and air conditioning systems (HVAC), except that LESSEE shall replace HVAC filters, light bulbs and ballasts as required and pay for any damage caused by the LESSEE. LESSEE shall bear the risk of damage, theft or destruction of the leased equipment from every cause, except as outlined in paragraph 10(b) (i), if selected and shall make all replacements, repairs or substitution of parts of equipment thereon at its expense, all of which shall constitute LESSEE’s obligatory maintenance of the leased equipment. If LESSEE does not adequately maintain the equipment or adequately repair any damage for which LESSEE is responsible, LESSOR shall have the option to perform the maintenance or repair at LESSEE’s expense. LESSEE shall at its expense provide adequate janitorial service to keep the leased equipment in good condition, fair wear and tear excepted. On termination of this lease, the leased equipment shall be returned to LESSOR in the same condition as when delivered, fair wear and tear excepted. In the event that the leased equipment is completely destroyed beyond repair, LESSEE shall continue to pay rent to LESSOR, until the LESSOR is made whole through receipt of full payment for the replacement cost of the leased equipment.

13. Inspection by LESSOR
LESSOR may inspect the leased equipment at any reasonable time and may provide a notice of non-responsibility or preservation of LESSOR’s interest.

14. Default
An event of default will have occurred if LESSEE: (a) does not pay rent when due, or otherwise fails to perform as required under this Lease or under any other agreement with LESSOR, (b) becomes insolvent, assigns its assets for the benefit of creditors, or enters (voluntary or involuntarily) into a bankruptcy or receivership proceeding, (c) shall suffer an adverse material change in its financial or business condition from the date hereof and as a result LESSOR deems itself insecure or (d) uses the equipment in an ineligible way, such as use of the interior of the equipment for agriculture purposes, which is prohibited.

15. Remedies
Upon the occurrence of an event of default, LESSOR may, in its sole discretion, (a) do one or more or the following with respect to all or part of the leased equipment, concurrently or separately: (i) demand the return of the leased equipment, (ii) enter upon LESSEE’s premises and without any court order or other process of law, repossess and remove all or part of the leased equipment, or render the leased equipment unusable without removal, either with or without notice to LESSEE and with or without terminating this Lease, and LESSEE hereby waives any trespass or other right of action for damages by reason of such entry, removal, or disabling of the leased equipment, (iii) proceed by appropriate court action or actions either at law or in equity to enforce performance by LESSEE of the applicable covenants of the Lease, (b) demand and recover judgment for the remaining balance of all rent due through the remaining term of the lease, and recover all other amounts due hereunder and any other damages caused by such default, and (c) exercise any other remedies available under the Uniform Commercial Code or any other law. All of LESSOR’s rights and remedies hereunder and at law and in equity shall be cumulative; any waiver of such rights or remedies must be in writing, and a waiver of LESSOR’s rights or remedies on one occasion shall not constitute a waiver of any other existing or future right or remedy. Should LESSOR be required to take possession of the leased equipment, LESSEE agrees to pay the cost of repossession, storing, shipping, and repairing the leased equipment.

16. LESSEE’s Possession on Termination
If LESSEE retains possession of the leased equipment beyond the Rental Order term expiration date without proper written renewal notice, LESSOR shall have the option of (a) deeming this Lease renewed as a month to month tenancy per LESSOR’s standard rental rates at such time, as determined by LESSOR in its sole discretion, or (b) repossessing its leased equipment and other property at any time without notice.

17. Attorney’s Fees, Collection Fees, Interest
If LESSEE defaults on this Lease, LESSOR shall be entitled to recover from LESSEE all items of damages, costs and expenses, including court costs, reasonable attorney’s fees and repossession fees, incurred by LESSOR to enforce its rights and remedies hereunder, whether suit is filed or not, and including all attorneys’ fees and costs incurred in any bankruptcy proceeding. LESSOR shall also be entitled to interest on delinquent invoices at the rate of 1.0% per month or the maximum rate permitted by law until such invoice is paid in full.

18. Miscellaneous; Consent to Jurisdiction; Jury Waiver This Lease shall be construed and interpreted under the laws of the state in which the equipment is located. All signed copies shall constitute duplicate originals.

THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY. LESSEE consents to the jurisdiction of state and federal courts located in the state of Washington for the determination of all disputes arising under this Lease.

19. Entire Agreement
This Lease, and any Rental Order issued in connection herewith, contains the entire agreement between the LESSOR and LESSEE and may not be altered, modified, terminated or otherwise changed unless agreed to in writing by LESSOR. This Lease contains the entire understanding of the parties and supersedes any other document from the LESSEE or any other agreement, including verbal, among the parties.

20. Notices
All notices required under the terms and provisions of this Lease shall be in writing and shall become effective three (3) days following mailing if mailed by US certified mail, or upon receipt if given in any other manner, addressed to Pacific Mobile Structures at PO Box 1404, Chehalis WA 98532, and to LESSEE set forth on the face page hereof, or at such other address as either party may designate in writing. The payment remittance address is to Pacific Mobile Structures at PO Box 24747, Seattle WA 98124.

Lease Agreement - Terms and Conditions
34 CLICK HERE to Return to Agenda
[email protected]
Insurance Requirements
Date: 9/27/2023
Company:

City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253-2839
Contact:

Site Location:

City of La Quinta
78106 Francis Hack Ln
La Quinta, CA 92253-5220
Site Contact:

Michael Thompson
Cell: 951.816.0977
Office: 951.784.8990
Thank you for your business!
In accordance with our Lease/Rental Terms and Conditions, under section 9, the RENTER, at its sole cost and expense, will obtain and keep in force, from the delivery date until the removal of the equipment, the following policies:
 Blanket Commercial General Liability Insurance, providing coverage on ISO form CG 00 01, or a substitute providing equivalent coverage, and subject to policy limitations or exclusions reasonably acceptable to Pacific Mobile Structures, Inc. (PMSI), in the amount of not less than $1,000,000 per occurrence, naming PMSI as additional insured and endorsed to state that it shall be primary non-contributory insurance as respects to PMSI’s insurance.
 Commercial Property Insurance, providing coverage under ISO CP 10 30, Causes of Loss-Special Form or the equivalent, and subject to policy limitations or exclusions reasonably acceptable to PMSI, for an amount no less than 100% of the replacement cost of the leased equipment, with PMSI added as loss payee.

Please send this form to your insurance carrier prior to the scheduled delivery date of your building and have the insurance certificate sent directly to Pacific Mobile Structures via email or fax. Please see the attached example of an acceptable insurance certificate.

Unit # Value Manufacturer Year Mfg. Serial #
3689 $223,560.00 Phoenix Modular 2019 3689
Renter will give PMSI at least ten (10) days' prior written notice of cancellation of the policy for nonpayment of premiums and at least thirty (30) days' prior written notice for alteration or cancellation due to any other reason or for non-renewal of the policy. If the insurers are unable to or unwilling to provide such notice, Renter shall provide such notice. Al required insurance shall be maintained with insurance companies rated A- X or better by AM Best (or an equivalent rating by another nationally recognized insurance rating agency of similar standing) or with other insurance companies satisfactory to PMSI.

Please Note:

If PMSI does not receive the General Liability Insurance Certificate prior to delivery, then the Renter will pay a monthly non-insurance penalty fee for each month that the Renter falls to provide the required certificate of insurance. The fee is calculated as follows: Dollar Value of Rental Unit divided by 100, multiplied by $0.30.

If PMSI does not receive the Property Insurance Certificate as required prior to delivery, then the Renter will automatically be enrolled in the Property Damage Waiver Program, at the Renter's expense, at a monthly cost of 9% of the current monthly rental fee.

We are here to help! Please contact Franci Wolf for any insurance related questions or concerns Phone: 360.345.1576 Fax: 360.748.0578 Email: [email protected] 35 CLICK HERE to Return to Agenda

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Enter Policy
Number
Insurance Agent/Broker Name
Insurance Agent/Broker Street Address or P.O. Box
City, State, and Zip Code
Contact and Phone Number
Customer Name
Customer Street Address or P.O. Box
City, State, and Zip Code
Month/Date/Year
Name of Insurance
Name of Insurance Company (if applicable)
Name of Insurance Company (if applicable)
Enter NAIC #
Enter NAIC #
Enter NAIC #
x x
x
Enter Policy Number Enter
Effective
Date
Enter
Expiration
Date
1,000,000
100,000
N/A
1,000,000
2,000,000
1,000,000
Other: Property, Equipment, Inland Marine, etc.

All rental and lease equipment, which shall
include all mobile office and storage containers,
as provided by written contract with lessor/lessee
loss payee
Enter
Effective
Date
Enter
Expiration
Date
Insurance
Coverage Limits
Pacific Mobile Structures, Inc. is named as additional insured for general liability and loss payee on any and all, current and future, leased mobile units and equipment.

Pacific Mobile Structures, Inc.

Attn: Franci Wolf
P.O. Box 1404
Chehalis, WA 98532
Phone: 360.345.1576 Fax: 360.748.0578
[email protected]
A
Sample Certificate
V1 031919
V1 03.19.19
REV. Feb.. 2020
Pacific Mobile Structures, Inc. is named as additional insured for general liability and loss payee under property insurance maintained by RENTER on any and all, current and future, leased mobile units and equipment.

B
X
36 CLICK HERE to Return to Agenda

MOBILE OFFICE MUST-HAVES
It’s quick & easy to add any item to your order!
Step & Ramp Systems
Security
Accessories
Chairs

SECURITY DOOR
BAR

SECURITY WINDOW

BARS CONTAINER LOCK
3’ WHITEBOARD 4’ WHITEBOARD BOOT SCRAPER

EXECUTIVE ROLLING
CHAIR

METAL FOLDING
CHAIR

PADDED METAL

FOLDING CHAIR
Item #1501 Item #1503 Item #1428
Item #1424 Item #1432 Item #1431
Item #1405 Item #1406 Item #1407
94 mm Heavy-duty steel padlock
Bolt down boot scraper with heavy-duty
bristles 1.53” L x 6.02” W
Dry-Erase whiteboard with aluminum frame
48” H x 36” W
Dry-Erase whiteboard with aluminum frame
36” H x 24” W
Fully adjustable ergonomic mid-back rolling
executive chair — Height range
43-15/16”- 47”
Black metal solid folding chair with two
cross braces for stability and a tube-in-tube
reinforced frame

18.3” L x 17.95” W x 30” H
Professional grade vinyl upholstered steel
folding chair with triple-welded cross brace
for stability
$10.00 $25.00 $40.00
$10.00 $15.00 $5.00
$15.00 $4.00 $5.00
/month /month one-time fee
/ month / month / month
/ month / month / month
Security door bars on all exterior doors Security window bars on all exterior windows
Item #1011
OSHA Compliant Aluminum Step 40”x 60”
platform with adjustable threshold from 26”
to 40”
Item #1020
Aluminum adjustable ramp system with
high-grip surface fully customizable to
match your specific needs.

Item #1402
OSHA Clip-On Canopy
$25.00 /month

CLIP-ON
CANOPY

ADA RAMP

SYSTEM CALL
for pricing
OSHA STEP $40.00 /month
37 CLICK HERE to Return to Agenda
S
month
Item #1011 Item #1011
Desks & Tables
Storage & Organization
Building Enhancements
Appliances

DESK WITH MOBILE

PEDESTAL

DESK & CHAIR
COMBO

FOLDING TABLE
6’ or 8’

PLAN TABLE
Item #1409 Item #1410 Item #1415
Item #1416
Item #1421
30”x60” desk with matching 2-drawer
laminate mobile pedestal
30”x60” desk with matching 2-drawer
laminate mobile pedestal combined with
executive chair and floor mat
Rectangle resin gray folding table.

Available in 6’ or 8’ L x 30” W
Wall-mounted 36” D plan table
$40.00 $50.00 $12 or $16 $18.00 / month / month / month / month 2-DRAWER

FILE CABINET

MINI BLINDS

MICROWAVE REFRIGERATOR
4-DRAWER

FILE CABINET

MODULAR WALLS

BOOKCASE

CARPET TILES

STEEL STORAGE

CABINET

COFFEE BAR
Item #1411
Item #1417 Item #1422
Item #1418 Item #1419 Item #1427 Item #1408
Item #1412 Item #1403 Item #1423
Vertical 2-Drawer heavy-duty letter-sized
metal file cabinet

28.38” H x 15” W x 22” D
1” Horizontal slat light filtering vinyl blinds on
all windows.

Standard countertop microwave 18.2-cu ft refrigerator with top-freezer

65.375” H x 30” W x 33.5” D
Vertical 4-Drawer heavy-duty file cabinet
52” H x 15” W x 22” D
Price is per linear foot. Our design team
will work with you to develop the perfect
solution!
Adjustable laminate bookcase
48” H x 36” W x 12” D
Add carpet tiles to any mobile office. Cost is
per square foot. Call us today to learn more!
Heavy-duty large steel free-standing cabinet
72” H x 36” W x 18” D
Price and size will vary based on the design.

Call us today to customize your coffee bar!
$18.00
$15.00
$15.00 $70.00
$28.00 $15.00
$3.80 FT
$40.00
CALL
/ month
/ month
/ month / month
/ month
/ month
/ month
one-time fee
/ month
for pricing
All items are subject to available inventory. Prices shown are suggested and may vary based on the quantity, color/types, condition, and location.

Pricing is based upon 3+ month rentals. Additional fees may apply to rentals less than 3 months. @pacificmobile 833.792.1181 [email protected] pacificmobile.com $2.75 LF
38 CLICK HERE to Return to Agenda
STORAGE CONTAINER Specials!
AMAZING PRICES AND CAN BE DELIVERED WITHIN THREE DAYS!

FOR AN IMMEDIATE QUOTE, PLEASE REACH OUT TO HALEY SMITHERS AT H A L E Y. S M I T H E R S @ PA C I F I C M O B I L E . C O M OR 480.744.2862 8’X40’
$95 PER MONTH
LOCAL DELIVERY $195
$125 PER MONTH
LOCAL DELIVERY $295
8’X20’
W E C O N S I ST E N T LY O F F E R A VA R I E T Y O F S I Z E S , I N C L U D I N G 8 ' X 7 ' , 8 ' X 1 0 ' , 8 ' X 2 0 ' , A N D 8 ' X 4 0 ' STO R AG E U N I T S .

THESE UNITS ARE ACCESSIBLE AT MOST OF OUR LOCATIONS AND COME WITH BOTH SINGLE AND DOUBLE-DOOR OPTIONS.

A D D I T I O N A L LY, W E P R OV I D E S P E C I A L I Z E D M AT E R I A L P I P E R AC KS A N D S E C U R E LO C KS F O R A D D E D C O N V E N I E N C E A N D S E C U R I T Y.

THIS OFFER IS VALID THROUGH 6/30/2024
39 CLICK HERE to Return to Agenda
40 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO AUTHORIZE EXAMINATION OF (1) SALES AND USE TAX RECORDS, AND (2) TRANSACTION AND USE TAX RECORDS

RECOMMENDATION
Adopt a resolution to authorize the examination of (1) Sales and Use Tax Records and (2) Transaction and Use Tax records by specified City employee positions.

EXECUTIVE SUMMARY
• Hinderliter de Llamas and Associates (HdL) and State of California require a Council resolution listing employee positions eligible to review City sales tax information. • Resolution amendments include position (title) changes and taxing agency name.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
A resolution listing the City employee positions authorized to examine the City’s (1) sales and use tax and (2) transactions and use tax records (Records) is required under state Revenue and Taxation Code § 7056(b), and also by HdL, sales tax consultant for the City. The proposed resolution updates the name of the state agency responsible for the collection and administration of sales taxes from the State Board of Equalization (Board) to the California Department of Tax and Fee Administration (Department), pursuant to the California Taxpayer Transparency and Fairness Act of 2017, which shifted certain services previously handled by the Board to the Department. This resolution also updates the following position titles:
• Assistant to the City Manager is now Director – Business Unit and Housing • Financial Services Analyst is now Principal Management Analyst Sales tax information may also be viewed by the City Manager and Finance Director/City Treasurer.

The resolution applies to both the Bradley Burns sales and use tax and the City’s Measure G transaction and use tax. The information is limited to employees referenced in the resolution.

CONSENT CALENDAR ITEM NO. 7
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ALTERNATIVES
No alternatives are recommended as sales tax measures were approved by the voters and only the California Department of Tax and Fee Administration may administer sales taxes.

Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director/City Treasurer 42 CLICK HERE to Return to Agenda
RESOLUTION NO. 2023 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AUTHORIZING EXAMINATION
OF (1) SALES AND USE TAX RECORDS, AND (2)

TRANSACTION AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 3 adopted on May 1, 1982, an ordinance imposing a sales and use tax to be administered by the State Board of Equalization (hereinafter referred to interchangeably as the “Board” or the “Department”), and providing penalties for violation, as amended by Ordinance No. 44, adopted on December 20, 1983, and codified in the La Quinta Municipal Code as Chapter 3.26 Sales and Use Tax, the City of La Quinta (“City”) entered into a contract with the Board to perform all functions incident to the City’s administration and collection of local sales and use taxes; and
WHEREAS, pursuant to Ordinance No. 540, adopted on May 17, 2016, an ordinance imposing a transaction and use tax to be administered by the Board and Section 7270 of the Revenue and Taxation Code, and codified in the La Quinta Municipal Code as Chapter 3.27 Transaction and Use Tax, the City entered into a contract with the Board to perform all functions incident to the City’s administration and collection of the local transactions and use taxes; and
WHEREAS, the California Taxpayer Transparency and Fairness Act of 2017, effective July 1, 2017, transferred certain services, among them (1) sales and use tax and (2) transactions use tax collections and administration, from the State Board of Equalization to the newly created California Department of Tax and Fee Administration; and
WHEREAS, the City deems it desirable and necessary for authorized representatives of the City to examine confidential records pertaining to: (1) sales and use taxes and (2) transactions and use taxes collected by the Department on behalf of the City, hereinafter collectively referred to as the “Records” pursuant to those contracts; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board Records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the Records of the Board; and
WHEREAS, this resolution supersedes all prior resolutions regarding this matter (Resolution Nos. 2002-070, 2016-049, and 2019-007).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:
43 CLICK HERE to Return to Agenda
Resolution No. 2023 – xxx
Authorization to Examine (1) Sales and Use Taxes and (2) Transaction and Use Taxes Collected by the Board for the City Adopted: (date)

Page 2 of 3 ends

SECTION 1. That the (1) City Manager, (2) Finance Director / City Treasurer, (3) Principal Management Analyst, and (4) Director of Business Unit and Housing Development, or other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to examine tax Records of the Department pertaining to (1) sales and use taxes and (2) transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Board. The information obtained by examination of Department Records shall be used only for purposes related to the following governmental functions of the City:
a) City Administration
b) Revenue Management and Budgeting
c) Community and Economic Development
d) Business License Tax Administration
SECTION 2. That Hinderliter, de Llamas & Associates is hereby designated to examine the Records of the Department pertaining to (1) sales and use taxes and (2) transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions:
a) Has an existing contract with the City to examine those Records; b) Is required by the contract to disclose information contained in, or derived from those Records only to the officer or employee authorized under Section 1 of this resolution to examine the information;
c) Is prohibited by that contract from performing consulting services for a retailer during the term of the contract;
d) Is prohibited by that contract from retaining the information contained in, or derived from those Records after that contract has expired.

SECTION 3. That this resolution shall go into effect upon adoption and shall supersede all prior resolutions regarding this matter (Resolution Nos. 2002-070, 2016- 049, and 2019-007), adopted by the City pursuant to subdivision (b) of Revenue and Taxation Section 7056; and
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

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

AYES:

NOES:
44 CLICK HERE to Return to Agenda
Resolution No. 2023 – xxx
Authorization to Examine (1) Sales and Use Taxes and (2) Transaction and Use Taxes Collected by the Board for the City Adopted: (date)

Page 3 of 3 ends

ABSENT:

ABSTAIN:

________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED SEPTEMBER 29, AND OCTOBER 6, 2023

RECOMMENDATION
Approve demand registers dated September 29, and October 6, 2023.

EXECUTIVE SUMMARY – None

FISCAL IMPACT
Demand of Cash:

City $ 1,961,772.74
Successor Agency of RDA $ -
Housing Authority $ 19,503.99
$ 1,981,276.73

BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for September 29, and October 6, 2023.

Warrants Issued:
212014-212054 $ 445,400.81
212055-212108 $ 965,363.67
Wire Transfers $ 271,406.53
Payroll Tax Transfers $ 51,242.85
Payroll Direct Deposit $ 240,341.25
Payroll Checks 37677-37676 $ 7,521.62
$ 1,981,276.73
CONSENT CALENDAR ITEM NO. 8
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Vendor Account Name Amount Purpose
City of Indio Contributions to Other
Agencies
$563,052.87 Jefferson Street Slurry Share
Payment
Visit Greater Palm
Springs
VGPS $126,226.06 FY 23/24 Qtr 2 City Funding &
FY 22/23 Reconciliation
Additional Funding
Granite Construction
Company
Construction $91,787.38 Ave 50 & Ave 52 Pavement
Rehab Progress Payment
Vintage Associates(1) Various $85,039.00 Sept Park Maintenance & Storm Clean Up Services
Urban Habitat Retention Payable $80,313.03 City Landscape Renovation Improvement Retention Payment
(1) Payments w ere made 9/29/23 & 10/6/23.

Wire Transfers: Twelve transfers totaled $274,407. Of this amount, $200,050 was to Landmark and $49,222 was to CalPERS (See Attachment 2 for a complete listing).

Purchase Orders/Contracts: As a normal course of operations, any purchase order (PO) over $50,000 must go to City Council for individual consideration. Additional POs under this threshold are reported quarterly for review. See attached list (Attachment 3) for POs with a value of $25,000 to $50,000 issued from July 1 to September 30, 2023.

Investment Transactions: Full details of investment transactions, as well as total holdings, are reported quarterly in the Treasurer’s Report.

Transaction Issuer Type Par Value
Settle
Date
Coupon
Rate YTM
Purchase Legacy Bank and Trust CD 248,000 9/27/2023 4.500% 4.500% Maturity Triad Bank CD 248,000 9/29/2023 1.350% 1.350%
Maturity United States Treasury Treasury Note 500,000 9/30/2023 1.375% 1.410% Purchase Federal Home Loan Banks Agency 1,000,000 10/3/2023 4.750% 4.760% Prepared by: Jesse Batres, Finance Technician
Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers

2. Wire Transfers

3. Purchase Orders
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Demand Register
City of La Quinta Packet: APPKT03609 - 09/29/2023 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
CHARTER COMMUNICATIONS… 212018 09/16-10/15/23 - FS #70 CABLE (1860) Cable/Internet - Utilities 101-2002-61400 41.76 CHARTER COMMUNICATIONS… 212018 09/16-10/15/23 - FS #32 CABLE (8152) Cable/Internet - Utilities 101-2002-61400 94.55 VINTAGE E & S INC 212054 09/18/23 - WC GENERATOR TRANSFER … Maintenance/Services 101-3008-60691 675.32 GARDAWORLD 212027 09/2023 - ARMORED SERVICES Professional Services 101-1006-60103 301.24 DATA TICKET, INC. 212023 08/2023 - CODE CITATION PROCESSING Administrative Citation Servi… 101-6004-60111 379.00 DATA TICKET, INC. 212023 08/2023 - POLICE CITATION PROCESSING Administrative Citation Servi… 101-6004-60111 241.82 TPX COMMUNICATIONS 212047 08/23-09/22/23 - EOC PHONE LINE SVC Telephone - Utilities 101-2002-61300 1,794.98 VERITAS TECHNOLOGIES LLC 212051 08/2023 - DATA BACK UP FOR LASERFIC… Professional Services 101-1005-60103 1,146.64 DESERT CONCEPTS CONSTR… 212025 LQ COVE TRAIL PLANT & IRRGATION INS… Maintenance/Services 101-3005-60691 3,700.00 VINTAGE ASSOCIATES 212053 09/2023 - PARK MAINTENANCE Landscape Contract 101-3005-60112 67,311.00 LH PRODUCTIONS 212034 09/11/23 - AV SERVICES FOR SEPT 11 M… Community Experiences 101-3003-60149 2,725.83 USA DRAIN AND PLUMBING… 212050 FS #32 FAUCET LEAKING REPAIR Maintenance/Services 101-2002-60691 686.50 USA DRAIN AND PLUMBING… 212050 FB PARK RESTROOM TOILET REPAIR Maintenance/Services 101-3008-60691 645.00 MISSION LINEN SUPPLY 212035 UNIFORM SHIRTS Uniforms 101-3005-60690 250.00 MISSION LINEN SUPPLY 212035 UNIFORM SHIRTS Uniforms 101-3008-60690 250.00 RASA/ERIC NELSON 212040 FTM 2023-0001 ONCALL MAP CHECKING… Map/Plan Checking 101-7002-60183 510.00 RASA/ERIC NELSON 212040 34642 104 LOTS ONCALL MAP CHECKIN… Map/Plan Checking 101-7002-60183 3,796.00 RASA/ERIC NELSON 212040 ROBERT BROOKS PARCEL ONCALL MAP … Map/Plan Checking 101-7002-60183 350.00 RASA/ERIC NELSON 212040 38668 EASEMENTS ONCALL MAP CHECK… Map/Plan Checking 101-7002-60183 860.00 RASA/ERIC NELSON 212040 38668 EASEMENTS ONCALL MAP CHECK… Map/Plan Checking 101-7002-60183 700.00 DEPARTMENT OF JUSTICE 212024 08/2023 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 315.00 PWLC II, INC 212039 09/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,616.00 GRAINGER 212029 FRAMING HAMMER, SCREWDRIVER, & … Tools/Equipment 101-7003-60432 227.16 GRAINGER 212029 DRIFT PUNCH TOOL Tools/Equipment 101-7003-60432 212.55 VERIZON WIRELESS 212052 08/14-09/13/23 - EOC CELL (7813) Mobile/Cell Phones/Satellites 101-2002-61304 246.75 THE LOCK SHOP, INC 212045 KEYS FOR WC Maintenance/Services 101-3008-60691 198.79 RIVERSIDE ASSESSOR 212041 08/2023 - RECORDING FEES Due to County Recorder 101-0000-20325 155.00 RIVERSIDE ASSESSOR 212041 08/2023 - RECORDING FEES Technical 101-6004-60108 20.00 COACHELLA VALLEY WATER D… 212020 WATER SERVICE Water - Utilities 101-2002-61200 595.97 COACHELLA VALLEY WATER D… 212020 WATER SERVICE Water -Monticello Park - Utili… 101-3005-61201 1,973.70 COACHELLA VALLEY WATER D… 212020 WATER SERVICE Water -Fritz Burns Park - Utili… 101-3005-61204 209.63 COACHELLA VALLEY WATER D… 212020 WATER SERVICE Water -Seasons Park - Utilities 101-3005-61208 26.64 COACHELLA VALLEY WATER D… 212020 WATER SERVICE Water -Community Park - Util… 101-3005-61209 495.82 COACHELLA VALLEY WATER D… 212020 WATER SERVICE Water - Utilities 101-3008-61200 97.13 OCEAN SPRINGS TECH INC 212037 07/2023 - FB POOL MONTHLY MAINTEN… Fritz Burns Pool Maintenance 101-3005-60184 5,460.00 OCEAN SPRINGS TECH INC 212037 CALCIUM HYPOCHLORITE FOR FB POOL Fritz Burns Pool Maintenance 101-3005-60184 390.97 OCEAN SPRINGS TECH INC 212037 08/2023 - FB POOL MONTHLY MAINTEN… Fritz Burns Pool Maintenance 101-3005-60184 5,460.00 OCEAN SPRINGS TECH INC 212037 FB POOL LIFE RING REPLACEMENT Fritz Burns Pool Maintenance 101-3005-60184 350.36 OCEAN SPRINGS TECH INC 212037 FB POOL HANDRAIL COVER REPLACEME… Fritz Burns Pool Maintenance 101-3005-60184 187.63 OCEAN SPRINGS TECH INC 212037 09/2023 - FB POOL MONTHLY MAINTEN… Fritz Burns Pool Maintenance 101-3005-60184 6,082.00 COUNTY OF RIVERSIDE PUBL… 212021 08/2023 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 136.83 COACHELLA VALLEY WATER D… 212020 WATER SERVICE PM 10 - Dust Control 101-7006-60146 42.39 TECHNOGYM USA CORP 212044 FITNESS EQUIPMENT FOR WC PAYMENT… Machinery & Equipment 101-3002-80101 22,063.31 ROADPOST USA INC. 212042 09/23-10/22/23 - EOC SATELLITE PHON… Mobile/Cell Phones/Satellites 101-2002-61304 200.85 BEAZER HOMES HOLDINGS 212016 REFUND DUST CONTROL DEPOSIT TRACT… Developer Deposits 101-0000-22810 10,420.00 CARREIRO, BRIAN K 212017 09/19/23 - CITY COUNCIL MEETING DIN… Travel & Training 101-1001-60320 250.00 GRAHAM, MARCIE 212028 09/18-09/22/23 - CAL TRAVEL SUMMIT… Travel & Training 101-3007-60320 3,568.01 HINDERLITER DE LLAMAS & … 212031 7/1-9/30/23 - TRANSACTIONS TAX CON… Consultants 101-1006-60104 678.66 Fund 101 - GENERAL FUND Total: 148,140.79
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC 212046 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 96.61 MISSION LINEN SUPPLY 212035 UNIFORM SHIRTS Uniforms 201-7003-60690 330.12 Fund 201 - GAS TAX FUND Total: 426.73
ATTACHMENT 1
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Demand Register Packet: APPKT03609 - 09/29/2023 JB
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 202 - LIBRARY & MUSEUM FUND
VINTAGE ASSOCIATES 212053 09/2023 - PARK MAINTENANCE Landscape Contract 202-3004-60112 930.00 VINTAGE ASSOCIATES 212053 09/2023 - PARK MAINTENANCE Landscape Contract 202-3006-60112 194.00 COACHELLA VALLEY WATER D… 212020 WATER SERVICE Water - Utilities 202-3006-61200 430.19 Fund 202 - LIBRARY & MUSEUM FUND Total: 1,554.19
Fund: 215 - LIGHTING & LANDSCAPING FUND
LANDMARK GOLF MANAGE… 212033 07/2023 - SRR PERIMETER LANDSCAPE … SilverRock Way Landscape 215-7004-60143 5,278.00 DESERT CONCEPTS CONSTR… 212025 LANDSCAPE MAINTENANCE & CLEANUP… Maintenance/Services 215-7004-60691 600.00 VINTAGE ASSOCIATES 212053 09/2023 - PARK MAINTENANCE Landscape Contract 215-7004-60112 12,124.00 CREATIVE LIGHTING & ELECT… 212022 09/2023 - LIGHTING MAINTENANCE SER… Consultants 215-7004-60104 6,488.42 MISSION LINEN SUPPLY 212035 UNIFORM SHIRTS Uniforms 215-7004-60690 250.00 PWLC II, INC 212039 09/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 62,674.00 IMPERIAL IRRIGATION DIST 212032 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 453.03 IMPERIAL IRRIGATION DIST 212032 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 24.68 COACHELLA VALLEY WATER D… 212020 WATER SERVICE Water - Medians - Utilities 215-7004-61211 3,569.60 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 91,461.73 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
GRANITE CONSTRUCTION C… 212030 9/2023 AVE 50 & AVE 52 PAYMENT REH… Retention Payable 401-0000-20600 -4,830.92 GRANITE CONSTRUCTION C… 212030 9/2023 AVE 50 & AVE 52 PAYMENT REH… Construction 401-0000-60188 96,618.30 URBAN HABITAT 212049 RETENTION PAYMENT Retention Payable 401-0000-20600 80,313.03 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 172,100.41 Fund: 501 - FACILITY & FLEET REPLACEMENT
MOWERS PLUS INC 212036 OIL MIX FOR EQUIPMENT Parts, Accessories, and Upfits 501-0000-60675 18.04 MOWERS PLUS INC 212036 HONDA TRASH PUMP REPAIRS Vehicle Repair & Maintenan… 501-0000-60676 34.50 SERVPRO 212043 HUB EMERGENCY WATER RESTORATION City Bldg Repl/Repair 501-0000-71103 14,633.08 AUTOZONE 212015 BUG REMOVER WASHER FLUID Parts, Accessories, and Upfits 501-0000-60675 6.30 CHEVROLET CADILLAC 212019 2022 CHEVY SILVERADO VIN F182355 OI… Vehicle Repair & Maintenan… 501-0000-60676 224.91 ENTERPRISE FM TRUST 212026 09/2023 - FLEET LEASES Vehicles, Rentals & Leases 501-0000-71030 3,781.42 PACIFIC MOBILE STRUCTURES… 212038 10/2023 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 21,786.76 Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS… 212018 07/2023 - CH CABLE (4625) Cable/Internet - Utilities 502-0000-61400 175.81 CHARTER COMMUNICATIONS… 212018 08/2023 - CH CABLE (4625) Cable/Internet - Utilities 502-0000-61400 175.81 CHARTER COMMUNICATIONS… 212018 09/2023 - CH CABLE (4625) Cable/Internet - Utilities 502-0000-61400 175.81 TYLER TECHNOLOGIES 212048 09/05-09/11/23 - SOFTWARE SERVICE Software Implementation/E… 502-0000-71049 1,156.25 TPX COMMUNICATIONS 212047 08/23-09/22/23 - EOC PHONE LINE SVC Telephone - Utilities 502-0000-61300 3,789.49 Fund 502 - INFORMATION TECHNOLOGY Total: 5,473.17
Fund: 504 - INSURANCE FUND
AED BRANDS, LLC 212014 AED CPR PADS (24) Operating Supplies 504-1010-60420 3,706.20 Fund 504 - INSURANCE FUND Total: 3,706.20
Fund: 601 - SILVERROCK RESORT
GARDAWORLD 212027 09/2023 - SRR ARMORED SERVICES Bank Fees 601-0000-60455 736.35 GARDAWORLD 212027 08/2023 - SRR ARMORED SVC TIER PRIC… Bank Fees 601-0000-60455 14.48 Fund 601 - SILVERROCK RESORT Total: 750.83
Grand Total: 445,400.81
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Demand Register Packet: APPKT03609 - 09/29/2023 JB
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 148,140.79
201 - GAS TAX FUND 426.73
202 - LIBRARY & MUSEUM FUND 1,554.19
215 - LIGHTING & LANDSCAPING FUND 91,461.73
401 - CAPITAL IMPROVEMENT PROGRAMS 172,100.41
501 - FACILITY & FLEET REPLACEMENT 21,786.76
502 - INFORMATION TECHNOLOGY 5,473.17
504 - INSURANCE FUND 3,706.20
601 - SILVERROCK RESORT 750.83
Grand Total: 445,400.81
Account Summary
Account Number Account Name Expense Amount
101-0000-20325 Due to County Recorder 155.00
101-0000-22810 Developer Deposits 10,420.00
101-1001-60320 Travel & Training 250.00
101-1005-60103 Professional Services 1,146.64
101-1006-60103 Professional Services 301.24
101-1006-60104 Consultants 678.66
101-2001-60174 Blood/Alcohol Testing 315.00
101-2001-60420 Operating Supplies 136.83
101-2002-60112 Landscape Contract 1,616.00
101-2002-60691 Maintenance/Services 686.50
101-2002-61200 Water - Utilities 595.97
101-2002-61300 Telephone - Utilities 1,794.98
101-2002-61304 Mobile/Cell Phones/Sate… 447.60
101-2002-61400 Cable/Internet - Utilities 136.31
101-3002-80101 Machinery & Equipment 22,063.31
101-3003-60149 Community Experiences 2,725.83
101-3005-60112 Landscape Contract 67,311.00
101-3005-60184 Fritz Burns Pool Mainten… 17,930.96
101-3005-60690 Uniforms 250.00
101-3005-60691 Maintenance/Services 3,700.00
101-3005-61201 Water -Monticello Park -… 1,973.70
101-3005-61204 Water -Fritz Burns Park -… 209.63
101-3005-61208 Water -Seasons Park - Ut… 26.64
101-3005-61209 Water -Community Park … 495.82
101-3007-60320 Travel & Training 3,568.01
101-3008-60690 Uniforms 250.00
101-3008-60691 Maintenance/Services 1,519.11
101-3008-61200 Water - Utilities 97.13
101-6004-60108 Technical 20.00
101-6004-60111 Administrative Citation … 620.82
101-7002-60183 Map/Plan Checking 6,216.00
101-7003-60432 Tools/Equipment 439.71
101-7006-60146 PM 10 - Dust Control 42.39
201-7003-60429 Traffic Control Signs 96.61
201-7003-60690 Uniforms 330.12
202-3004-60112 Landscape Contract 930.00
202-3006-60112 Landscape Contract 194.00
202-3006-61200 Water - Utilities 430.19
215-7004-60104 Consultants 6,488.42
215-7004-60112 Landscape Contract 74,798.00
215-7004-60143 SilverRock Way Landsca… 5,278.00
215-7004-60690 Uniforms 250.00
215-7004-60691 Maintenance/Services 600.00
215-7004-61116 Electric - Utilities 453.03
215-7004-61117 Electric - Medians - Utilit… 24.68
215-7004-61211 Water - Medians - Utiliti… 3,569.60
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Account Summary
Account Number Account Name Expense Amount
401-0000-20600 Retention Payable 75,482.11
401-0000-60188 Construction 96,618.30
501-0000-60675 Parts, Accessories, and … 24.34
501-0000-60676 Vehicle Repair & Maint… 259.41
501-0000-71030 Vehicles, Rentals & Leas… 3,781.42
501-0000-71032 Building Leases 3,088.51
501-0000-71103 City Bldg Repl/Repair 14,633.08
502-0000-61300 Telephone - Utilities 3,789.49
502-0000-61400 Cable/Internet - Utilities 527.43
502-0000-71049 Software Implementatio… 1,156.25
504-1010-60420 Operating Supplies 3,706.20
601-0000-60455 Bank Fees 750.83
Grand Total: 445,400.81
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 255,854.57
16-006E BEAZER HOMES EXP BEAZER HOMES HOLDINGS CORP 10,420.00 201603RP Retention Payable La Quinta Landscape Renovation Improvement 80,313.03 202201CT Construction Expense Avenue 50 Pavement Rehab (Wash St to Eisenhower) 96,618.30 202201RP Retention Payable Avenue 50 Pavement Rehab (Wash St to Eisenhower) -4,830.92 202216E General PW Maint - Desert Concep… General PW Maintenance - Desert Concepts 4,300.00 9/11E September 11 Vigil Expense September 11 Vigil 2,725.83 Grand Total: 445,400.81
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will reportas "none" in this section.
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Demand Register
City of La Quinta Packet: APPKT03615 - 10/06/2023 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
VISIT GREATER PALM SPRINGS 212106 FY 22/23 RECONCILIATION ADDITIONAL … VGPS - Visit Greater Palm Spr… 101-3007-60151 28,877.76 VINTAGE E & S INC 212105 7/10-7/14/23 - CIVIC PARK NEW LIGHT … Maintenance/Services 101-3005-60691 3,615.00 VINTAGE E & S INC 212105 7/31-8/3/23 - SPLASH PAD PUMP HOUSE… Maintenance/Services 101-3005-60691 6,429.70 SOUTHWEST AQUATICS INC 212096 09/2023 - LAKE MAINTENANCE SERVICES Civic Center Lake Maintenan… 101-3005-60117 1,350.00 SOUTHWEST AQUATICS INC 212096 09/2023 - LAKE MAINTENANCE SERVICES SilverRock Lake Maintenance 101-3005-60189 1,350.00 SOUTHWEST AQUATICS INC 212096 SRR DRAIN VAULT/ GAS PUMP CIRCULAT… SilverRock Lake Maintenance 101-3005-60189 1,275.00 BOX OF KITTENS 212061 2023 STATE OF THE CITY VIDEOS PAYM… Community Special Events 101-1001-60137 4,000.00 PENA, JOHN 212091 9/20-9/22/23 - LEAGUE OF CA CONFER… Travel & Training 101-1001-60320 416.89 MCMILLEN, JON 212086 9/20-9/22/23 - LEAGUE OF CA CONFER… Travel & Training 101-1002-60320 446.89 MCGARREY, DEBORAH 212083 9/20-9/22/23 - LEAGUE OF CA CONFER… Travel & Training 101-1001-60320 118.43 SANCHEZ, STEVE 212094 09/20-09/22/23 - LEAGUE OF CA CONFE… Travel & Training 101-1001-60320 197.28 YOUR VERY FAVORITE LLC 212108 ILLUSTRATION AND PRINTING SERVICES … Sales Taxes Payable 101-0000-20304 -1,678.41 TRI-STATE MATERIALS INC 212102 LANDSCAPE D.G FOR SRR PARK Materials/Supplies 101-3005-60431 1,728.48 TRI-STATE MATERIALS INC 212102 LANDSCAPE D.G FOR SRR PARK Materials/Supplies 101-3005-60431 712.10 TRI-STATE MATERIALS INC 212102 LANDSCAPE D.G FOR X-PARK Materials/Supplies 101-3005-60431 3,532.20 TRI-STATE MATERIALS INC 212102 LANSCAPE D.G FOR X-PARK Materials/Supplies 101-3005-60431 2,972.57 SIGNATURE TINT 212095 PARK SIGNAGE Materials/Supplies 101-3005-60431 581.85 DECKARD TECHNOLOGIES, I… 212069 10/2023 - RENTALSCAPE Professional Services 101-1005-60103 3,750.00 BOYS & GIRLS CLUB OF COA… 212062 07/1-09/30/23 - JOINT FACILITY USE Boys & Girls Club 101-3001-60135 10,000.00 BOYS & GIRLS CLUB OF COA… 212062 10/1-12/31/23 - JOINT FACILITY USE Boys & Girls Club 101-3001-60135 10,000.00 SPARKLETTS 212098 09/06/23 & 09/20/23 - CITYWIDE DRINK… Citywide Supplies 101-1007-60403 244.82 JOE A GONSALVES & SON 212079 10/2023 - LOBBYIST SERVICES Contract Services - Administr… 101-1002-60101 3,500.00 HR GREEN PACIFIC INC 212078 08/2023 - ONCALL PLAN CHECK SVCS E… Map/Plan Checking 101-7002-60183 3,020.00 MADDEN MEDIA 212082 09/2023 - MEDIA SERVICES Marketing & Tourism Promot… 101-3007-60461 54,149.96 MADDEN MEDIA 212082 09/2023 - MEDIA SERVICES/WEBSITE D… Marketing & Tourism Promot… 101-3007-60461 7,857.14 NBS 212087 07/2023 - ELECTRIC UTILITY FEASIBILITY … Contingency for Operations 101-1002-60510 435.00 VINTAGE ASSOCIATES 212104 09/18-09/22/23 - STORM CLEAN UP SVCS Materials/Supplies 101-3005-60431 4,480.00 ANSAFONE CONTACT CENTE… 212060 09/2023 - PM 10 ANSWERING SERVICE PM 10 - Dust Control 101-7006-60146 137.15 XPRESS GRAPHICS 212107 STREET POLE BANNERS LQAC LQ Art Event 101-3003-60512 6,500.00 ALL PRO BEVERAGE INC 212056 LOBBY COFFEE SUPPLIES Citywide Supplies 101-1007-60403 479.53 COACHELLA VALLEY ECONOM… 212066 2023 CVEP ECONOMIC SUMMIT Travel & Training 101-1001-60320 600.00 ODP BUSINESS SOLUTIONS, L… 212090 DYMO LABELS Office Supplies 101-1006-60400 18.64 ODP BUSINESS SOLUTIONS, L… 212090 CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 114.65 ODP BUSINESS SOLUTIONS, L… 212090 COFFEE & LABELS Office Supplies 101-6004-60400 133.44 DESERT RECREATION DISTRI… 212070 08/2023 - FB POOL OPERATIONS & PRO… Fritz Burns Pool Programming 101-3003-60184 36,496.82 STAPLES ADVANTAGE 212100 NOTEBOOK REPORTERS Office Supplies 101-1002-60400 96.98 AIR & HOSE SOURCE, INC. 212055 50 FT HOSE Operating Supplies 101-7003-60420 813.66 SOUTHWEST BOULDER & ST… 212097 LANDSCAPE ROCK FOR SRR PARK Materials/Supplies 101-3005-60431 1,663.88 SOUTHWEST BOULDER & ST… 212097 SILICA SAND FOR SRR PARK Materials/Supplies 101-3005-60431 614.45 ALPHA MEDIA LLC 212057 09/2023 - IRONMAN DIGITAL ADS Community Experiences 101-3003-60149 800.00 ALPHA MEDIA LLC 212057 09/2023 - IRONMAN DIGITAL ADS PALM… Community Experiences 101-3003-60149 275.00 ALPHA MEDIA LLC 212057 09/2023 - IRONMAN RADIO ADS MIX 10… Community Experiences 101-3003-60149 2,171.88 AMERICAN FORENSIC NURSE… 212058 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 802.20 AMERICAN FORENSIC NURSE… 212058 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 -133.70 AMERICAN FORENSIC NURSE… 212058 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 66.85 RETAIL LEASE TRAC INC 212092 ECONOMIC DEVELOPMENT RETAIL MA… Subscriptions & Publications 101-1002-60352 850.00 EISENHOWER MEDICAL CEN… 212073 08/01/23 - SEXUAL ASSAULT EXAM LA2… Sexual Assault Exam Fees 101-2001-60193 1,200.00 VISIT GREATER PALM SPRINGS 212106 FY 23/24 QTR 2 CITY FUNDING VGPS - Visit Greater Palm Spr… 101-3007-60151 97,348.30 SOUTHWEST BOULDER & ST… 212097 FY 22/23 R/C CRUSHED ROCK TO 101-60… Materials/Supplies 101-3005-60431 -850.46 SOUTHWEST BOULDER & ST… 212097 FY 22/23 R/C CRUSHED ROCK FROM 10… Lot Cleaning/Gravel Program 101-6004-60120 850.46 GOVOS, INC. 212075 10/2023 - STVR PERMITTING SOFTWARE Professional Services 101-1005-60103 3,820.00 KILEY & ASSOCIATES 212080 09/2023 - FEDERAL LOBBYIST SERVICES Contract Services - Administr… 101-1002-60101 3,500.00 OCEAN SPRINGS TECH INC 212089 09/2023 - LQ SPLASH PAD MAINTENAN… LQ Park Water Feature 101-3005-60554 1,038.00 53 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount DISH NETWORK 212071 09/22-10/21/23 - EOC CABLE Cable/Internet - Utilities 101-2002-61400 100.70 PENA, JOHN 212091 09/30/23 ATTORNEY CONF BUS TOUR U… Travel & Training 101-1001-60320 23.07 DOUG L KINLEY 212072 FY 23/24 ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reim… 101-1004-50252 135.00 ANAYA, JULIO C. 212059 FY 23/24 ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reim… 101-1004-50252 200.00 MCGINLEY, LAURIE 212084 NOTARY EXAM FOR O.MOJICA REIMBUR… Travel & Training 101-1005-60320 40.00 RIVERSIDE COUNTY SHERIFF … 212093 07/25-08/24/23 - MOTOR FUEL CHARGES Sheriff - Other 101-2001-60176 510.57 MCMILLEN, JON 212086 9/29/23 SHERIFF'S DEPART GOLF CHARI… Travel & Training 101-1001-60320 400.00 Fund 101 - GENERAL FUND Total: 314,179.73
Fund: 201 - GAS TAX FUND
LANDMARK CONSULTANTS, … 212081 8/31-9/13/23 - WASHINGTON/AVE 47 … Road Improvements 201-7003-72111 618.00 Fund 201 - GAS TAX FUND Total: 618.00
Fund: 215 - LIGHTING & LANDSCAPING FUND
VINTAGE E & S INC 212105 7/10-7/14/23 - STREET NEW LIGHT POL… Maintenance/Services 215-7004-60691 2,520.32 SPARKLETTS 212099 09/06/23 & 09/20/23 DRINKING WATER Operating Supplies 215-7004-60420 292.15 STAPLES ADVANTAGE 212100 COFFEE SUPPLIES Operating Supplies 215-7004-60420 139.67 STAPLES ADVANTAGE 212100 DISPOSABLE GLOVES Safety Gear 215-7004-60427 224.50 AIR & HOSE SOURCE, INC. 212055 20 FT HOSE & HOLE STRAINER Materials/Supplies 215-7004-60431 818.01 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 3,994.65
Fund: 221 - AB 939 - CALRECYCLE FUND
YOUR VERY FAVORITE LLC 212108 ILLUSTRATION AND PRINTING SVCS SAL… AB 939 Recycling Solutions 221-0000-60127 1,678.41 YOUR VERY FAVORITE LLC 212108 ILLUSTRATION AND PRINTING SERVICES AB 939 Recycling Solutions 221-0000-60127 18,681.80 Fund 221 - AB 939 - CALRECYCLE FUND Total: 20,360.21
Fund: 241 - HOUSING AUTHORITY
CAHA, BECKY 212063 09/2023 - HOUSING CONSULTANT SERV… Professional Services 241-9101-60103 6,375.00 Fund 241 - HOUSING AUTHORITY Total: 6,375.00
Fund: 270 - ART IN PUBLIC PLACES FUND
MCGRATH METAL 212085 9/11 MEMORIAL QR CODE SIGN POST Operating Supplies 270-0000-60482 326.25 Fund 270 - ART IN PUBLIC PLACES FUND Total: 326.25
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
HERMANN DESIGN GROUP I… 212076 07/2023 - CACTUS FLOWER LANDSCAPE… Design 401-0000-60185 325.00 HERMANN DESIGN GROUP I… 212076 07/2023 - CACTUS FLOWER LANDSCAPE… Design 401-0000-60185 1,875.00 NV5 212088 7/30-8/26/23 - ALLEY DESERT CLUB DR … Technical 401-0000-60108 2,185.00 NV5 212088 7/30-8/26/23 - AVE 50/52 PAVEMENT R… Technical 401-0000-60108 11,560.00 NV5 212088 7/30-8/26/23 - FRED WARING DR PAVE… Technical 401-0000-60108 3,745.00 CONVERGINT TECHNOLOGIES… 212067 07/2023 - CITYWIDE CAMERA SYSTEM … Construction 401-0000-60188 1,937.42 CONVERGINT TECHNOLOGIES… 212067 08/2023 - CITYWIDE CAMERA SYSTEM … Construction 401-0000-60188 1,937.42 CITY OF INDIO 212065 AVE 50 WIDENING IMPROVEMENTS RE… Contributions to Other Agenc… 401-0000-60480 1,037.92 CITY OF INDIO 212065 JEFFERSON ST SLURRY REIMB CITY OF I… Contributions to Other Agenc… 401-0000-60480 33,219.45 CITY OF INDIO 212065 JEFFERSON ST SLURRY REIMB CITY OF I… Contributions to Other Agenc… 401-0000-60480 501,010.52 CITY OF INDIO 212065 JEFFERSON/HWY 111 SLURRY REIMB CI… Contributions to Other Agenc… 401-0000-60480 27,784.98 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 586,617.71 Fund: 501 - FACILITY & FLEET REPLACEMENT
HILARIO, BENJAMIN 212077 VEHICLE WASHES Vehicle Repair & Maintenan… 501-0000-60676 440.00 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 440.00
Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS… 212064 08/15-09/14/23 - WC CABLE (8105) Cable/Internet - Utilities 502-0000-61400 154.66 TYLER TECHNOLOGIES 212103 11/1/23-10/31/24 - HARDWARE ANNUA… Software Licenses 502-0000-60301 572.98 CHARTER COMMUNICATIONS… 212064 09/12-10/11/23 - CITY YARD CABLE (408… Cable/Internet - Utilities 502-0000-61400 81.77 FRONTIER COMMUNICATIO… 212074 09/12-10/11/23 - X PARK INTERNET Cable/Internet - Utilities 502-0000-61400 904.11 Fund 502 - INFORMATION TECHNOLOGY Total: 1,713.52
Fund: 503 - PARK EQUIP & FACILITY FUND
COOK AND SOLIS CONSTRUC… 212068 SRR LAKE EQUIPMENT REPLACEMENT P… Parks 503-0000-71060 30,404.64 Fund 503 - PARK EQUIP & FACILITY FUND Total: 30,404.64
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Demand Register Packet: APPKT03615 - 10/06/2023 JB
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 504 - INSURANCE FUND
TRIPLETT, ALCADIA 212101 8/30-9/1/23 CJPIA ACADEMY HOTEL RE… Travel & Training 504-1010-60320 333.96 Fund 504 - INSURANCE FUND Total: 333.96
Grand Total: 965,363.67
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Demand Register Packet: APPKT03615 - 10/06/2023 JB
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 314,179.73
201 - GAS TAX FUND 618.00
215 - LIGHTING & LANDSCAPING FUND 3,994.65
221 - AB 939 - CALRECYCLE FUND 20,360.21
241 - HOUSING AUTHORITY 6,375.00
270 - ART IN PUBLIC PLACES FUND 326.25
401 - CAPITAL IMPROVEMENT PROGRAMS 586,617.71
501 - FACILITY & FLEET REPLACEMENT 440.00
502 - INFORMATION TECHNOLOGY 1,713.52
503 - PARK EQUIP & FACILITY FUND 30,404.64
504 - INSURANCE FUND 333.96
Grand Total: 965,363.67
Account Summary
Account Number Account Name Expense Amount
101-0000-20304 Sales Taxes Payable -1,678.41
101-1001-60137 Community Special Even… 4,000.00
101-1001-60320 Travel & Training 1,755.67
101-1002-60101 Contract Services - Admi… 7,000.00
101-1002-60320 Travel & Training 446.89
101-1002-60352 Subscriptions & Publicat… 850.00
101-1002-60400 Office Supplies 96.98
101-1002-60510 Contingency for Operati… 435.00
101-1004-50252 Annual Wellness Dollar … 335.00
101-1005-60103 Professional Services 7,570.00
101-1005-60320 Travel & Training 40.00
101-1006-60400 Office Supplies 18.64
101-1007-60403 Citywide Supplies 839.00
101-2001-60174 Blood/Alcohol Testing 735.35
101-2001-60176 Sheriff - Other 510.57
101-2001-60193 Sexual Assault Exam Fees 1,200.00
101-2002-61400 Cable/Internet - Utilities 100.70
101-3001-60135 Boys & Girls Club 20,000.00
101-3003-60149 Community Experiences 3,246.88
101-3003-60184 Fritz Burns Pool Progra… 36,496.82
101-3003-60512 LQ Art Event 6,500.00
101-3005-60117 Civic Center Lake Maint… 1,350.00
101-3005-60189 SilverRock Lake Mainten… 2,625.00
101-3005-60431 Materials/Supplies 15,435.07
101-3005-60554 LQ Park Water Feature 1,038.00
101-3005-60691 Maintenance/Services 10,044.70
101-3007-60151 VGPS - Visit Greater Palm… 126,226.06
101-3007-60461 Marketing & Tourism Pr… 62,007.10
101-6004-60120 Lot Cleaning/Gravel Prog… 850.46
101-6004-60400 Office Supplies 133.44
101-7002-60183 Map/Plan Checking 3,020.00
101-7003-60420 Operating Supplies 813.66
101-7006-60146 PM 10 - Dust Control 137.15
201-7003-72111 Road Improvements 618.00
215-7004-60420 Operating Supplies 431.82
215-7004-60427 Safety Gear 224.50
215-7004-60431 Materials/Supplies 818.01
215-7004-60691 Maintenance/Services 2,520.32
221-0000-60127 AB 939 Recycling Solutio… 20,360.21
241-9101-60103 Professional Services 6,375.00
270-0000-60482 Operating Supplies 326.25
401-0000-60108 Technical 17,490.00
401-0000-60185 Design 2,200.00
401-0000-60188 Construction 3,874.84
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Account Summary
Account Number Account Name Expense Amount
401-0000-60480 Contributions to Other A… 563,052.87
501-0000-60676 Vehicle Repair & Maint… 440.00
502-0000-60301 Software Licenses 572.98
502-0000-61400 Cable/Internet - Utilities 1,140.54
503-0000-71060 Parks 30,404.64
504-1010-60320 Travel & Training 333.96
Grand Total: 965,363.67
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 316,324.09
201603D Design Expense La Quinta Landscape Renovation Improvement2,200.00 202003CT Construction Expense Citywide Public Safety Camera System 3,874.84 202108T Technical Expense FY 21/22 PMP Slurry Seal Improvements 2,185.00 202117CB Contribution Expense Jefferson Street Slurry Seal Improvements 33,219.45 202201T Technical Expense Avenue 50 Pavement Rehab (Wash St to Eisenhower) 11,560.00 202203T Technical Expense Fred Waring Drive Pavement Rehabilitation 3,745.00 202205CB Contribution Expense Avenue 50 Widening Improvements (Jeff to Madison) 1,037.92 202207CB Contribution Expense Highway 111 at Jefferson Street Rehabilitation 528,795.50 202320E Cyclone Hilary FEMA Reimbursable… Tropical Cyclone Hilary 45,104.99 IRONE Ironman Expense Ironman Event 3,246.88
LQACE La Quinta Art Celebration - Expense La Quinta Art Celebration 6,500.00 STVRE Short Term Vacation Rental Expen… Short Term Vacation Rental Tracking 7,570.00 Grand Total: 965,363.67
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
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City of La Quinta
Bank Transactions 9/25/2023 – 10/6/2023
Wire Transaction
Listed below are the wire transfers from 9/25/2023– 10/6/2023.

Wire Transfers:
09/28/2023 - WIRE TRANSFER - LANDMARK $ 654.00
09/29/2023 - WIRE TRANSFER - CALPERS $ 451.11
09/29/2023 - WIRE TRANSFER - CALPERS $ 5,476.67
09/29/2023 - WIRE TRANSFER - CALPERS $ 15,151.02
09/29/2023 - WIRE TRANSFER - CALPERS $ 28,142.95
09/29/2023 - WIRE TRANSFER - MISSION SQUARE $ 3,925.00
09/29/2023 - WIRE TRANSFER - MISSION SQUARE $ 10,801.28 10/03/2023 - WIRE TRANSFER - AMERITAS $ 44.98
10/03/2023 - WIRE TRANSFER - AMERITAS $ 103.74
10/03/2023 - WIRE TRANSFER - AMERITAS $ 1,017.23
10/03/2023 - WIRE TRANSFER - AMERITAS $ 6,242.46
10/06/2023 - WIRE TRANSFER - LANDMARK $ 199,396.09
TOTAL WIRE TRANSFERS OUT $271,406.53
ATTACHMENT 2
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City of La Quinta
Purchase Orders 7/1/23 – 9/30/23
Purchase Orders
Listed below are Purchase Orders issued from 7/1/23 – 9/30/23 with a value between $25,000 and $50,000 for City Council’s review.

Number Issue Date Vendor Name Description Amount
PO00000029-R7 07/01/2023 BENGAL ENGINEERING INC DUNE PALMS BRIDGE LOW WATER CROSSING PRJ 2011-05 $ 36,738.96 2324-0118 09/27/2023 ALPHA MEDIA LLC RADIO ADS FOR IRONMAN 2023 $ 26,475.00 2324-0116 09/26/2023 COOK AND SOLIS CONSTRUCTION, INC. SRR LAKE PUMP & EQUIPMENT REPLACEMENT $ 38,451.00 2324-0106 09/14/2023 PRECISION CONCRETE CUTTING SIDEWALK INSPECTION SERVICES $ 49,000.00 2324-0104 09/14/2023 COOK AND SOLIS CONSTRUCTION, INC. LAKE EQUIPMENT REPLACEMENT PARTS $ 30,404.64 2324-0101 09/12/2023 T & G GLOBAL, LLC 2023 HOLIDAY DECOR AND LIGHTING $ 48,983.87 2324-0095 09/05/2023 COACHELLA HORSE PARK LLC HORSE PARK SPONSORSHIP 2023/24 $ 25,000.00 2324-0091 08/24/2023 DECKARD TECHNOLOGIES, INC. FY 23/24-STVR REPORTING AND COMPLIANCE MONITORING $ 45,000.00 2324-0086 08/24/2023 UNIVERSAL CONSTRUCTION AND ENGIN 2022-27 CIVIC CENTER ACTIVITIES PROMENADE $ 49,611.25 2324-0082 08/23/2023 RINCON CONSULTANTS, INC. GEOGRAPHIC INFORMATION SYSTEMS SERVICE $ 30,000.00 2324-0074 07/24/2023 CASC ENGINEERING & CONSULTING ON-CALL STORMWATER COMPLIANCE INSPECTION SERVIC $ 30,000.00 2324-0068 07/01/2023 SOUTHWEST AQUATICS INC CIVIC CENTER LAKE MAINT AND SRR LAKE MAINT $ 32,400.00 2324-0065 08/09/2023 KILEY & ASSOCIATES FEDERAL LOBBYIST SERVICES $ 42,000.00 2324-0064 08/09/2023 COURTMASTER SPORTS, INC. PICKLEBALL COURT REPAIRS $ 31,200.00 2324-0061 07/17/2023 YOUR VERY FAVORITE LLC ILLUSTRATION AND PRINTING SERVICES $ 43,412.50 2324-0059 08/04/2023 CENTRAL COMMUNICATIONS STVR HOTLINE ANSWERING SERVICE $ 25,000.00 2324-0040 07/01/2023 GRANICUS FY 23/24 CITY WEBSITE HOSTING/GRAPHICS DESIGN SVC $ 25,140.77 2324-0037 07/21/2023 DATA TICKET, INC. PARKING AND ADMINISTRATIVE CITATION PROCESSING, C $ 25,000.00 2324-0032 07/01/2023 JOE A GONSALVES & SON FY 23-24 CITY LOBBYIST SERVICES $ 42,000.00 2324-0031 07/01/2023 PLACER LABS, INC. FY2023-24 VENUE ANALYTICS PLATFORM $ 30,850.00 2324-0026 07/01/2023 CLEARSOURCE FINANCIAL CONSULTINGFY 23/24-ANNUAL FEE SCHEDULE UPDATE $ 25,000.00 2324-0015 07/01/2023 GOVOS, INC. PERMITTING SOFTWARE FOR STVR PROGRAM FY 2023/24 $ 49,440.00 2324-0010 07/11/2023 RASA/ERIC NELSON FY 2324 ON-CALL MAP CHECKING SERVICES $ 40,000.00 2223-0224-R1 07/01/2023 VAN DERMYDEN MAKUS LAW CORPORAWORKPLACE CLIMATE ASSESSMENT $ 34,538.00 2223-0205-R1 07/01/2023 BMW MOTORCYCLES OF RIVERSIDE RIVERSIDE COUNTY POLICE MOTOR BIKE $ 32,742.60 2223-0199-R1 07/01/2023 BC DATA & POWER 2022-23 X PARK PUBLIC SAFETY CAMERA $ 41,968.99 2223-0196-R1 07/01/2023 BMW MOTORCYCLES OF RIVERSIDE RSO MOTORCYCLE $ 32,742.60 2223-0075-R1 07/01/2023 URBAN HABITAT 2016-03F2 & F3 DESERT PRIDE, MARBELLA, & DEL REY $ 27,900.25 2021-0164-R3 07/01/2023 CONVERGINT TECHNOLOGIES LLC 2020-03 CITYWIDE PUBLIC SAFETY CAMERA SYSTEM $ 35,685.11 TOTAL
$1,026,685.54
ATTACHMENT 3
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City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED JULY 21, AUGUST 4, AND SEPTEMBER 1, 2023

RECOMMENDATION
Approve demand registers for Southern California Gas Company dated July 21, August 4, and September 1, 2023.

EXECUTIVE SUMMARY – None

FISCAL IMPACT
Demand of Cash:

City $ 1,101.14
Successor Agency of RDA $ -
Housing Authority $ -
$ 1,101.14

BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for Southern California Gas Company dated July 21, August 4, and September 1, 2023.

Warrants Issued:
211512 $ 496.89
211639 $ 322.04
211818 $ 282.21
$ 1,101.14
Prepared by: Jesse Batres, Finance Technician
Approved by: Rosemary Hallick, Principal Management Analyst Attachment: 1. Demand Registers
CONSENT CALENDAR ITEM NO. 9
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10/9/2023 1:59:21 PM Page 1 of 2
Demand Register
City of La Quinta Packet: APPKT03534 - 07/21/2023 SOCALGAS JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
THE GAS COMPANY 211512 05/19-06/20/23 - FS #32 GAS SVC Gas - Utilities 101-2002-61100 42.99 THE GAS COMPANY 211512 05/19-06/20/23 - CH GAS SVC Gas - Utilities 101-3008-61100 214.27 THE GAS COMPANY 211512 05/19-06/20/23 - FB POOL GAS SVC Gas-Utilities FB Pool 101-3005-61100 15.78 THE GAS COMPANY 211512 05/19-06/20/23 - WC GAS SVC Gas - Utilities 101-3008-61100 99.02 THE GAS COMPANY 211512 05/26-06/27/23 - FS #93 GAS SVC Gas - Utilities 101-2002-61100 96.05 Fund 101 - GENERAL FUND Total: 468.11
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY 211512 05/19-06/20/23 - LIBRARY GAS SVC Gas - Utilities 202-3004-61100 15.78 Fund 202 - LIBRARY & MUSEUM FUND Total: 15.78
Fund: 501 - FACILITY & FLEET REPLACEMENT
THE GAS COMPANY 211512 06/2023 - SWEEPER FUEL Street Sweeper 501-0000-60678 13.00 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 13.00
Grand Total: 496.89
ATTACHMENT 1
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Demand Register Packet: APPKT03534 - 07/21/2023 SOCALGAS JB 10/9/2023 1:59:21 PM Page 2 of 2
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 468.11
202 - LIBRARY & MUSEUM FUND 15.78
501 - FACILITY & FLEET REPLACEMENT 13.00
Grand Total: 496.89
Account Summary
Account Number Account Name Expense Amount
101-2002-61100 Gas - Utilities 139.04
101-3005-61100 Gas-Utilities FB Pool 15.78
101-3008-61100 Gas - Utilities 313.29
202-3004-61100 Gas - Utilities 15.78
501-0000-60678 Street Sweeper 13.00
Grand Total: 496.89
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 483.89
CSA152E CSA 152 Expenses CSA 152 Project Tracking 13.00 Grand Total: 496.89
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
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10/9/2023 1:58:27 PM Page 1 of 2
Demand Register
City of La Quinta Packet: APPKT03551 - 08/04/2023 SOCAL GAS Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
THE GAS COMPANY 211639 06/20-07/20/23 - FS #32 GAS SVC Gas - Utilities 101-2002-61100 41.55 THE GAS COMPANY 211639 06/20-07/20/23 - CH GAS SVC Gas - Utilities 101-3008-61100 70.86 THE GAS COMPANY 211639 06/20-07/20/23 - FB POOL GAS SVC Gas-Utilities FB Pool 101-3005-61100 14.90 THE GAS COMPANY 211639 06/20-07/20/23 - WC GAS SVC Gas - Utilities 101-3008-61100 86.59 THE GAS COMPANY 211639 06/27-07/27/23 - FS #93 GAS SVC Gas - Utilities 101-2002-61100 91.58 Fund 101 - GENERAL FUND Total: 305.48
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY 211639 06/20-07/20/23 - LIBRARY GAS SVC Gas - Utilities 202-3004-61100 16.56 Fund 202 - LIBRARY & MUSEUM FUND Total: 16.56
Grand Total: 322.04
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Demand Register Packet: APPKT03551 - 08/04/2023 SOCAL GAS 10/9/2023 1:58:27 PM Page 2 of 2
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 305.48
202 - LIBRARY & MUSEUM FUND 16.56
Grand Total: 322.04
Account Summary
Account Number Account Name Expense Amount
101-2002-61100 Gas - Utilities 133.13
101-3005-61100 Gas-Utilities FB Pool 14.90
101-3008-61100 Gas - Utilities 157.45
202-3004-61100 Gas - Utilities 16.56
Grand Total: 322.04
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 322.04
Grand Total: 322.04
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
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10/9/2023 1:57:53 PM Page 1 of 2
Demand Register
City of La Quinta Packet: APPKT03580 - SoCal Gas 9/1/2023 Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
THE GAS COMPANY 211818 07/20-08/18/23 - FS #32 GAS SVC Gas - Utilities 101-2002-61100 35.31 THE GAS COMPANY 211818 07/20-08/18/23 - CH GAS SVC Gas - Utilities 101-3008-61100 33.55 THE GAS COMPANY 211818 07/20-08/18/23 - FB POOL GAS SVC Gas-Utilities FB Pool 101-3005-61100 14.30 THE GAS COMPANY 211818 07/20-08/18/23 - WC GAS SVC Gas - Utilities 101-3008-61100 79.07 THE GAS COMPANY 211818 07/27-08/25/23 - FS #93 GAS SVC Gas - Utilities 101-2002-61100 92.59 Fund 101 - GENERAL FUND Total: 254.82
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY 211818 07/20-08/18/23 - LIBRARY GAS SVC Gas - Utilities 202-3004-61100 14.30 Fund 202 - LIBRARY & MUSEUM FUND Total: 14.30
Fund: 501 - FACILITY & FLEET REPLACEMENT
THE GAS COMPANY 211818 07/2023 - SWEEPER FUEL Street Sweeper 501-0000-60678 13.09 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 13.09
Grand Total: 282.21
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Demand Register Packet: APPKT03580 - SoCal Gas 9/1/2023 10/9/2023 1:57:53 PM Page 2 of 2
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 254.82
202 - LIBRARY & MUSEUM FUND 14.30
501 - FACILITY & FLEET REPLACEMENT 13.09
Grand Total: 282.21
Account Summary
Account Number Account Name Expense Amount
101-2002-61100 Gas - Utilities 127.90
101-3005-61100 Gas-Utilities FB Pool 14.30
101-3008-61100 Gas - Utilities 112.62
202-3004-61100 Gas - Utilities 14.30
501-0000-60678 Street Sweeper 13.09
Grand Total: 282.21
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 269.12
CSA152E CSA 152 Expenses CSA 152 Project Tracking 13.09 Grand Total: 282.21
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
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City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: DISCUSS LAND-BASED FINANCING OPTIONS AND PROVIDE

DIRECTION REGARDING FUTURE POLICY UPDATES

RECOMMENDATION
Discuss land-based financing options and provide direction regarding future policy updates.

EXECUTIVE SUMMARY
• As the City looks to the future, potential growth and large infrastructure projects will require funding options.
• California law allows for several different types of land-based financing, including Community Facilities Districts (CFDs) and Assessment Districts (ADs). • The formation of these various districts requires the City to have a policy in place.

City’s current land-based financing policy was adopted in 1999 and will be updated to reflect Council direction as well as any changes to California law that have occurred since adoption.
• The City has partnered with Fieldman, Rolapp & Associates, Inc. (FRA), a Municipal Advisory firm with extensive experience in land-based financing.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
As the City looks to the future, several large and challenging undertakings are potentially on the horizon. The City, in conjunction with Terra Nova Planning & Research, Inc., has completed the initial Fiscal Impact Analysis of annexation of the La Quinta Sphere of Influence, as well as the potential expansion of the Sphere (City Council Study Session April 4, 2023). Additionally, Staff and NV5 have completed the Village Undergrounding Feasibility Study which looked at the costs associated with undergrounding the utility lines in the Cove and other areas of the City (City Council Study Session September 19, 2023).

Finally, the City has been closely monitoring various concerns regarding the aging electrical infrastructure, equipment, and over-taxed power grid, as well as the eventual expiration of the agreement between the Coachella Valley Water District and Imperial STUDY SESSION ITEM NO. 1
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Irrigation District (IID) which named IID as the electrical service provider to the Eastern Coachella Valley until 2032 (City Council Study Session August 1, 2023). These and other issues facing the City could require new funding sources for major capital projects.

One potential funding source could be land-based financing. California law allows for several different types of land-based financing, two of which are summarized below:
o Community Facilities Districts, or CFDs, authorized by the Mello-Roos Community Facilities Act of 1982, are utilized to fund public improvements with a useful life of over five years or eligible services, maintenance, and operations. The formation of a CFD requires 2/3 approval of qualified electors, which may be registered voters or landowners (if less than 12 registered voters in the proposed area). Bonds are sold to pay for the approved project(s), and repaid through special tax rates, as are outlined through the Rate and Method of Apportionment, that are assessed on the property tax bills. These districts provide for construction of community facilities with a general benefit to the owners.
o Assessment Districts, or ADs, are authorized by several laws, generally the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 for capital projects, and the Landscaping & Lighting Act of 1972 and the Benefit Assessment Act of 1982 for maintenance and public services. The formation of an AD is completed through a majority protest ballot process, wherein the AD may be formed if a majority of the landowners do not vote against it on ballots mailed with the Notice of Public Hearing. The assessment amount is based on the direct and special benefit each property receives from the improvements, and therefore can differ from one property to the next. ADs are commonly used for utility undergrounding projects.

Generally, in order to consider formation of land-based financing districts, a city must have a policy in place outlining what is allowed, the process involved, developer deposits required, etc. The City does have a policy; however, it was adopted in 1999 and is in need of an update to ensure it not only complies with current California law but also the general direction of Council. The City has partnered with Fieldman, Rolapp & Associates, Inc., a Municipal Advisory firm with over 50 years of experience, to review the City’s policy and municipal code and to draft needed updates. During this study session they will be presenting a more detailed overview of CFDs and ADs and explaining the use of ADs for utility undergrounding. Staff and FRA will incorporate any Council direction into the proposed policy revisions, which will be presented to Council for review at a future meeting.

Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Jon McMillen, City Manager
Attachment: 1. CFD/AD Formation Flow-Chart
70 CLICK HERE to Return to Agenda

1. Sell and deliver bonds and
receive bond proceeds

2. Initiate construction or
acquisition

3. Commence activities to
administer debt, levy and
collect special taxes and
comply with continuing
disclosure requirements
B
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E

PETITION INITIATED CFD

1. 10% Landowners

2. 10% Registered voters

3. Payment of pre-formation
costs (45 days for Agency
to determine fee)
Usual Sequence of Events
for Mello Roos
Community Facilities Districts
(Commencing with Section 53311
of the Government Code)
If no majority protest, resolutions adopted to form CFD* by:

1. Establishing boundaries

2. Determining necessity to incur bonded indebtedness

3. Authorizing levy of special tax

4. Approving types of facilities and services

5. Setting election
If more than 50% of registered voters (at least 6), or if the owners of more than 50% of the land area protest, then
CFD abandoned for one year. If majority protest only
against specific facilities, services or special tax, only that facility, service or tax must be dropped.
* Environmental review should be completed before formation of CFD

LEGISLATIVE BODY

COMMENCES PROCEEDINGS

1. Adopt Goals and Policies

2. Adopt resolutions to:
a. Approve boundaries
b. Designate name of CFD
c. Identify types of facilities &
services
d. Declare intention to:
1) Form CFD
2) Levy special tax
3) Issue bonds
e. Set time and place of
public hearing
f. Establish voting procedures
Within 90 days
Prepare Report
Public hearing held not
less than 30 days or
not more than 60 days
from adoption of
Resolution of Intention
REQUIRED -- Publish notice
(not later than 7 days before
Public Hearing)
OPTION -- Mailed notice

PUBLIC HEARING
May be continued up to 30 days, or with finding up
to 6 months.

LOCAL AGENCY INITIATED CFD

1. Written request of 2
members of legislative
body, or

2. Majority approval of
legislative body

1. Record Notice of Special Tax Lien (within 15
days of a landowner election or 90 days of a
registered voter election)

2. Initiate validation proceedings, if necessary

3. 30 day statute of limitations

ACTIONS BY LEGISLATIVE BODY
GENERAL ELECTION or SPECIAL ELECTION
90/180 days from Resolution of Formation
(unless time period shortened by 100% of electors)
2/3 vote required
(if less than 12 registered voters
or if no tax on residential property
-- landowner election)

ELECTION
Voters consider:

1. Levy of Special Tax

2. Establish appropriations limit

3. Authorize issuance of bonds

1. Certify election results

2. Enact ordinance to levy
special tax

3. Authorize issuance of bonds

4. Approve Preliminary Official
Statement and Continuing
Disclosure Agreement
Fieldman, Rolapp & Associates 19900 MacArthur Blvd., Suite 1100 Irvine, CA 92612 Phone: 949.660.7300 Fax: 949.474.8773  www.fieldman.com  © 2014 00088301
E
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ATTACHMENT 1
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Landowners of 60% of
land area waive 1931
Act requirements
Property Owner
Petition Initiated
District
Adopt Resolutions:

1. Approving Boundary Map*

2. Declaring Intention* and directing
preparation of 1913 Act Report
Actions by Legislative Body
File
petitions
with
Clerk/
Secretary Adopt Resolutions:

1. Preliminary approving
Engineer’s Report

2. Setting Public Hearing date

3. Calling for construction bids

4. Making appointments
Legislative Body
Commences Assessment
Proceedings

1. Conduct 1931 Act Hearing

2. Proceed and direct preparation of
1913 Act Report if:
a. No Majority protest AND
b. Either adequate values or 4/5 vote

3. If not, then abandon
Adopt resolutions:

1. Approving Boundary Map*

2. Declaring Intention* and directing
preparation of either:
a. 1931 Act Report
b. Combined 1931/1913 Act Report
by simple majority of legislative body
Local Agency Initiated District

BEGIN HERE
Actions by Legislative Body
File combined 1931/1913
Act Report
*Timing of adoption of Boundary Map
and Resolution of Intention varies
Usual Sequence of Events for
1913 Act Special Assessment
District
After Proposition 218
(Municipal improvement Act of 1913
Commencing with Section 10000 of the Streets
and Highways Code)
not sooner than 45 days from mailed notice and
assessment ballots

1. Present Engineer’s Report

2. Receive testimony

3. If no majority protest, legislative body may
adopt resolution confirming assessments**
Public Hearing
If ballots submitted in opposition to the
assessment exceeded ballots submitted in
favor, then majority protest. Ballots weighted
according to proportional financial obligation
of the affected property

1. Sell & deliver bonds & receive bond proceeds

2. Initiate construction or acquisition

3. Commence activities to administer debt, levy and collect assessments and comply with continuing disclosure requirements

1. Assessment Roll and Diagram
recorded with Superintendent of
Streets

2. Diagram and Notice of
Assessment recorded with a
County Recorder

3. Statement of Assessment mailed
to property owners and published
(once a week for two successive
weeks at at least 5 days apart)
**Environmental review should be
completed before formation of District
Legislative body:

1. Certifies paid and unpaid assessments

2. Authorizes issuance of bonds***

3. Approves Preliminary Official Statement and Continuing Disclosure Agreement

4. Adopts resolution awarding the construction contract Receive construction bids
Specific requirements of Proposition #218 and S.B. 919
End of Cash Collections/
Statute of Limitations
***1915 Act Bonds = Section 8500 et. seq. 1911 Act Bonds = Section 6400 et. seq.

Within 15 days
Boundary Map
is filed in the
Office of County
Recorder
Fieldman, Rolapp & Associates  19900 MacArthur Blvd., Suite 1100  Irvine, CA 92612  Phone: 949.660.7300  Fax: 949.474.8773  www.fieldman.com © 2014 File
1913
Act
Report
File
1913
Act
Report
File
1913
Act
Report
Not less than 30
days after
recordation of
Diagram and
Assessments
with the
Superintendent
of Streets
00093434
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City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 5 AND RELATED DOCUMENTS TO

PURCHASE, SALE, AND DEVELOPMENT AGREEMENT WITH SILVERROCK

DEVELOPMENT COMPANY, LLC, SILVERROCK PHASE I, LLC, AND SILVERROCK

LAND II, LLC, TALUS LA QUINTA (FORMERLY SILVERROCK RESORT) AND

REQUIRE DEVELOPER TO PRESENT MONTHLY PROGRESS UPDATES AT

COUNCIL MEETINGS ONCE FINANCING IS CLOSED AND UNTIL THE LUXURY

HOTEL IS OPEN

RECOMMENDATION
Approve Amendment No. 5 and related documents to the Purchase, Sale, and Development Agreement with SilverRock Development Company, LLC, SilverRock Phase I, LLC, SilverRock Land II, LLC, and TALUS La Quinta (formerly SilverRock Resort); authorize the City Manager and City Attorney to make minor revisions and additions as necessary that do not substantively change the business terms, and execute and implement said agreements and other documents necessary; and require developer to present monthly progress updates at Council meetings once financing is closed and until the luxury hotel is open.

EXECUTIVE SUMMARY
 In November 2014, Council approved a Purchase, Sale, and Development Agreement (PSDA) with SilverRock Development Company (SDC).  In May 2017, SDC initiated the work to realign golf course holes to accommodate the luxury hotel and improve the golf experience; this work was completed in November 2017.
 Amendment No. 3 was executed in November 2018 primarily to update schedule and project phasing to enable closing of the $212 million construction financing with Mosaic Real Estate (Mosaic).
 In April 2019, SDC commenced mass grading of the site in preparation for vertical development; this work was completed in November 2019.
 In March 2020, just after the COVID-19 pandemic started, SDC provided the first of several updates to Council including notification that they would be delaying the start of vertical construction as a result of the pandemic but that both SDC and BUSINESS SESSION ITEM NO. 1
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their financing partner, Mosaic, are committed to the successful completion of TALUS La Quinta.
 On April 15, 2020, SDC provided the City with a Force Majeure notice related to impacts to the development schedule associated with the COVID-19 pandemic.  In April 2021, the City issued a notice of default to SDC, per the terms of the PSDA which identified completion of the two hotels, spa, conference facility, and permanent golf clubhouse by December 31, 2020.
 In September 2021, SDC provided verification of revised capitalization.  Amendment No. 4 to the PSDA was executed on October 12, 2021, modifying the development schedule; decreasing the amount of a rebate available (which is calculated based on transient occupancy tax (TOT) receipts) by 5% for the 15-year term when calculating any rebate for continuous operation of the hotels, once opened, under TOT Covenant Agreements; identifying additional project milestones; increasing the purchase price on “Future Resort Property” (Option Property) for missing milestones; and requiring hotel operator to manage all resort residential short-term vacation rentals.
 Since January 17, 2023, when Robert Green gave his last update presentation to Council, construction at TALUS has continued but at a slow pace and with a focus on the Montage residential units while SDC has worked to secure additional funding necessary to recapitalize the project.
 As proposed, Amendment No. 5:
 Resets financial penalties for missed milestones and reset the schedule of performance to coincide with the loan closings.
 Allows for the recapitalization of the project due to the rising interest rates and costs for labor and materials since the COVID-19 Pandemic and identifies new lenders to be brought into the project.
 Outlines further reductions in rebates based on Transient Occupancy Tax (TOT) receipts that SDC faces if completion dates for either of the two hotels are not met. For example, should the hotels be six months late, the rebate program as agreed to under the original PSDA and modified by Amendment No. 4 will be reduced from 15 years to 14 years and 6 months.  Includes a provision giving the City additional oversight over how project funding is expended by SDC, ensuring that contractors and others are being paid on time.
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FISCAL IMPACT
The development of TALUS La Quinta will generate revenue for the City and the greater community. As the project is developed, the City will receive an estimated $7 million of Developer Impact Fees (DIF); annual property tax revenue that will continue to increase as the property is improved and sold (estimated to be over $640,000 annually within 10 years); sales tax generated through food, beverage and retail sales (estimated to exceed $580,000 annually within 10 years); and net TOT revenue from hotels and resort residences (estimated to exceed $2 million annually within 10 years). Furthermore, it is estimated that the project will generate 1,750 temporary construction jobs and 465 fulltime permanent operational jobs at the resort. The average Montage/Pendry employee is among the highest paid in the hospitality industry and would introduce to the community more than $19 million in employment opportunities. Finally, the City will be relieved from funding operational deficits associated with the golf course, dust control and parkway maintenance costs averaging approximately $600,000 annually.

BACKGROUND/ANALYSIS
Since the approval of Amendment No. 4 and during the construction of the luxury and lifestyle hotels, golf clubhouse and conference and shared facility (Core Project Components), SDC informed the City that the capitalization for the construction of those components would no longer include Mosaic, due to rising interest rates and costs of labor and materials which had brought the cost for project development from an estimated $400 million to an estimated $600 million. Instead, the funding would consist of three integrated components: C-Pace financing in the approximate amount of $170 million, a real property secured construction loan to SDC in the approximate amount of $95 million funded by bonds, and EB-5 funding of up to $90 million with the ability to obtain an additional $18 million.

It has been two years since Amendment No. 4 with SDC was executed, during which project construction on the two hotels, conference center and shared facility and new golf clubhouse continued on schedule until second half of 2022 when construction was paused. Major milestones have gone unmet while SDC works to close on new funding sources. Amendment No. 5 raises the purchase and sale price of Phase 2 land to the developer by $2 million as penalty for missing project milestones.

In December 2022, Robert Green secured a construction loan for $48 million from Builders Capital allowing SDC to continue work on the first 13 of 29 Montage luxury residential units with purchase agreements for most of the units which is required to close on financing needed to continue construction on the Core Project Components. He also received a commitment for a $49 million construction loan from Builders Capital for the construction of 20 of 55 Pendry residential units and was approved for $108 million in EB5 financing which has begun funding capital for the project.

There are two “Bridge Loans” associated with the project as well:
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 An up-to $25 million loan secured through Keillor Capital – $12.5 million of which is available as an initial installment with at least $10 million available to pay off subcontractor mechanics liens.
 A $79 million loan was secured and is awaiting closing through Silver Arch Capital, a placeholder loan to pay off the first bridge loan through Keillor Capital identified above, liens by general contractors Granite Construction and R.D. Olson Construction, and Poppy Bank, which holds the debt on the master site infrastructure.

SDC is near closing on recapitalization loans from two lenders: Lieef loan for about $170 million through C-PACE, a government sponsored program that provides clean energy loans to developers for using energy-efficient systems, and approximately $95 million in bond sales through Ziegler. When escrow closes on the Ziegler funds (senior loan) it will trigger the closing of the Lieef loan.

The Ziegler and Lieef funds will be dedicated to the construction of the Core Project Components which are the commercial components, including the two hotels, conference center and shared facility, and new golf clubhouse.

Staff has concluded negotiations with SDC on the revised schedule that still includes project milestones, with financial consequences for failing to meet, updated start and completion dates of project components as well as new and revised terms and conditions as outlined below.

Prior to the closing of escrow for the recapitalization loans, SDC will be subject to the requirement, consistent with the PSDA, to deliver copies of the draft final loan documents to the City Attorney and City Manager for confirmation of financial feasibility to complete the Core Project Components.

Upon the closing of escrow with the recapitalization lenders and from the loan proceeds made available from the loans, SDC will pay all outstanding mechanic’s liens and encumbrances affecting the Core Project Components.

Updated Schedule of Performance
The chart below details Amendment No. 4 and proposed Amendment No. 5 schedule of performance dates. The Amendment No. 5 changes provide time extensions to complete major milestones:

Project Component
Start Finish Start Finish
Luxury Hotel
Vertical construction
8/30/21 9/30/23 8/30/2021 3/13/2025
Amendment No. 4 Amendment No. 5
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Lifestyle Hotel
Vertical construction
9/30/22 7/31/24 520 days after the closing of
Recapitalization Loans but
not later than 12/5/25
12/31/2026
Conference & Shared
Services
8/30/21 9/30/23 8/30/2021 3/13/2025
Golf Clubhouse &
Practice Range
8/30/21 11/1/22 8/30/2021 11/25/2024
Completion dates or timeframes listed in this table are the outside dates permissible under this Agreement. The developer must show good faith diligence in closing escrow on the recapitalization loans by no later than January 1, 2024. However, under Section 3 of Amendment No. 5, the developer has the right to extend outside date for the closing of the recapitalaztion loans to June 30, 2024. To the extent such outside date is extended, then the completion dates under items 8,9,11,13,15,16 and 22 are automatically extended to the same extent. This is permissible if the City Attorney and City Manager are satisfied that the developer has been acting in good faith in continuing to close on the recapitalization loans.

Approving Amendment No. 5 will enable SDC to close on recapitalization loans, pay off liens and recall the contractors to resume construction of the commercial components of the project which are the hotels, shared facility and conference center and golf clubhouse.

SDC will continue to provide project updates at Council meetings that will include recent milestones achieved, scheduled updates and project highlights. Additionally, the City Manager will have oversight over payment of funds to contractors and subcontractors, ensuring they are being paid on time.

ALTERNATIVES
Council could direct staff to further modify the terms of Amendment No. 5, which would delay development and impact development financing.

Prepared by: Sherry Barkas, Specialist
Approved by: Jon McMillen, City Manager
Attachment: 1. Amendment No. 5 to Purchase, Sale and Development Agreement 77 CLICK HERE to Return to Agenda
AMENDMENT NO. 5 TO PURCHASE, SALE, AND

DEVELOPMENT AGREEMENT
THIS AMENDMENT NO. 5 TO PURCHASE, SALE, AND DEVELOPMENT AGREEMENT (“Amendment No. 5” or “Agreement”) is dated as of October ___, 2023 (“Agreement Date”), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city (the “City”), SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company (“Developer”), SILVERROCK PHASE I, LLC, a Delaware limited liability company (“SRPI”), and SILVERROCK LAND II, LLC, a Delaware limited liability company (“SRL”).

R E C I T A L S:

A. The SilverRock Resort Area and Original PSDA. Except for portions of land transferred to Developer, SRPI, and SRL, as described in the Recitals F and G of this Amendment No. 5, City owns fee title to that certain real property of approximately 525 acres located at the southwest intersection of Jefferson Street and Avenue 52, in the City of La Quinta, California, a general depiction of which is the Site Map attached as Exhibit ”A” to Amendment No. 3 (as defined below) and defined in the Original PSDA as the “SilverRock Resort Area.” City and Developer entered into that certain Purchase, Sale, and Development Agreement dated November 19, 2014 (the “Original PSDA”), pursuant to which City agreed to sell to Developer specified “Planning Areas” that are part of approximately 145 acres comprising what was then defined as the “Phase 1 Property” (approximately 125 acres) and the “Phase 2 Property” (approximately 20 acres) and collectively defined as the “Property” (as those terms are defined in the PSDA) in the SilverRock Resort Area, and Developer agreed to purchase from City specified “Planning Areas (PAs)” to thereafter construct, complete, and operate thereon a commercial project containing a luxury resort hotel and spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded residential units, a conference and shared service facility, a temporary and permanent clubhouse for the SilverRock Resort’s Arnold Palmer Classic Course, a mixed use village, a resort residential village, and associated amenities, all as further described in the Original PSDA as the “Project Components.” As provided in the Original PSDA, the Phase 1 Property included the Planning Areas (among other PAs) for the “Luxury Hotel” and “Luxury Branded Residential Development,” and the Phase 2 Property included the Planning Areas for the “Lifestyle Hotel” and “Lifestyle Branded Residential Development” (as defined in the Original PSDA). Additionally, pursuant to the Original PSDA, the “Parcel Map” was to be recorded (and has been recorded) against the Property, and applicable Parcel Map is attached as Exhibit ”B” to Amendment No. 3 (as defined below).

Additionally, the Original PSDA set forth a “Schedule of Performance” under which Developer was required to commence and complete the development of the Project Components on the Property, as more particularly described therein.

B. Amendment No. 1. City and Developer entered into that certain Amendment No. 1 to Purchase, Sale, and Development Agreement dated October 29, 2015 (“Amendment No. 1”) to, among other things, to update the Site Map and various timeframes within the Original PSDA, including certain timeframes within the Schedule of Performance.

C. Amendment No. 2. City and Developer entered into that certain Amendment No. 2 to Purchase, Sale, and Development Agreement dated April 18, 2017 (“Amendment No. 2”) to, among other things: (i) Modify the Phase 1 Property and Phase 2 Property in the Original PSDA and corresponding phased development obligations to the “Phase 1A Property” and “Phase 1B Property” (as defined in Amendment No. 2), with corresponding phased development obligations for the Project Components, Planning Areas (PAs), and “Parcels” (as defined in the Original PSDA and Amendment No. 2), including but not limited to the modification of the development phasing for the Luxury Hotel, Luxury Branded Residential Development, Lifestyle Hotel, and Lifestyle Branded Residential Development; (ii) Establish the “Phase 1C (Golf Course) Property,” “Phase 1D ATTACHMENT 1 78 CLICK HERE to Return to Agenda
2 (Ahmanson Ranch House) Property,” and “Phase 1E (Perimeter Landscaping and Trails) Property” (as defined in Amendment No. 2) with corresponding phased development obligations for certain Project Components, Planning Areas, and Parcels identified therein; (iii) Modify the Schedule of Performance; (iv) Specify the terms and conditions for the “Golf Course Realignment” (as defined in the Original PSDA); and (v) Grant to Developer a contingent option to purchase the “Future Resort Property” according to “Developer’s Future Resort Option” (as defined in Amendment No. 2) upon Developer meeting certain terms and conditions, as more particularly described therein.

D. The Phase 1A Property. Pursuant to the PSDA, Developer acquired from the City the Phase 1A Property (approximately 44.6 acres of the SilverRock Resort Area) by Grant Deed dated May 3, 2017 and recorded on November 6, 2017 as Instrument No. 2017-0463950 in the Official Records of the County of Riverside, California (“Recorder’s Office”), as amended by that certain Amendment to Grant Deed (Phase – 1A Property – PSDA Amendment No. 2), recorded on November 28, 2018 as Instrument No. 2018-0464670 in the Recorder’s Office. Thereafter, Developer assigned to SRPI (a Developer entity and permitted transferee pursuant to Section 603.1(d) of the Original PSDA), and SRPI assumed from Developer, all of Developer’s right, title, and interest in the Phase 1A Property and the “Project Agreements” (which include the PSDA) as they pertain to the Phase 1A Property by that certain Assignment and Assumption Agreement, recorded on November 28, 2018 as Instrument No. 2018-0465379 in the Recorder’s Office, and Developer transferred to SRPI the Phase 1A Property by Grant Deed recorded on November 28, 2018 as Instrument No. 2018-0464673 in the Recorder’s Office.

E. Amendment No. 3. City and Developer entered into that certain Amendment No. 3 to Purchase, Sale, and Development Agreement dated November 28, 2018 (“Amendment No. 3”) to, among other things: (i) Set forth amended and restated modifications for the development of the Phase 1A Property and set forth the terms and conditions for the purchase and sale of the Phase 1B Property; (ii) Modify the “Master Site Infrastructure Improvements (MSII)” (as defined in the Original PSDA) Phasing Plan; (iii) Modify the Schedule of Performance; (iv) Specify assignment and assumptions of interests from Developer; and (v) Incorporate provisions allowing for the closing of the construction loan for the Phase 1A Property and Phase 1B Property, as more particularly described therein.

F. Amendment No. 4. City and Developer entered into that certain Amendment No. 4 to Purchase, Sale, and Development Agreement dated October 12, 2021 (“Amendment No. 4”) to, among other things: (i) Set forth terms and conditions for the “Revised Capitalization” (as defined therein) to cover the then-projected remaining costs to develop the Phase 1A Property and Phase 1B Property and all Project Components thereon (excluding the Promenade Mixed-Use Village and Resort Residential Village); (ii) Modify the MSII Phasing Plan; (iii) Modify the Schedule of Performance; (iv) Specify the operation by a single hotel operator of short-term vacation rentals at the Luxury Branded Residential Development and Lifestyle Branded Residential Development, as set forth therein; (v) Modify the rebate reduction based on TOT receipts; (vi) Identify “Project Milestones” (as defined therein) of which failing to meet would result in increases to the purchase price for the “Future Resort Property Phase” if and when there is a valid exercise by Developer of the option to purchase the Future Resort Property (as set forth therein); (vii) If and when a valid exercise by Developer of the option to purchase the Future Resort Property occurs, clarify allowable uses on the Future Resort Property; and (viii) Incorporate provisions allowing for the closing of the construction loan for the Phase 1A Property and Phase 1B Property, as more particularly described therein. The Original PSDA, as modified by Amendment No. 1, Amendment No. 2 Amendment No. 3, and Amendment No. 4, is hereinafter referred to as the “PSDA.” G. The Phase 1B Property. Pursuant to the PSDA, SRPI acquired from the City the Phase 1B Property (approximately 84 acres of the SilverRock Resort Area) by Grant Deed dated 79 CLICK HERE to Return to Agenda
3 November 7 and November 28, 2018 and recorded on November 28, 2018 as Instrument No. 2018- 0464674 in the Recorder’s Office. Thereafter, SRPI assigned to SilverRock Land, LLC (a Developer entity and permitted transferee pursuant to Section 603.1(f) as provided in Amendment No. 3), and Silver Rock Land, LLC assumed from SRPI, all of Developer’s right, title, and interest in a portion of the Phase 1B Property—and specifically Parcels 10 and 11 identified in Amendment No. 3 for the Project Component known as the “Promenade Mixed-Use Village”—and the “Project Agreements” (which include the PSDA) as they pertain to Parcels 10 and 11/Promenade Mixed-Use Village by that certain Assignment and Assumption Agreement, recorded on April 10, 2019 as Instrument No. 2019-0120800 in the Recorder’s Office, and SRPI transferred to SilverRock Land, LLC these Parcels 10 and 11/Promenade Mixed-Use Village by Quitclaim Deed recorded on April 10, 2019 as Instrument No. 2019-0120799 in the Recorder’s Office. By quitclaim deed dated October 21, 2021 and recorded on October 25, 2021 as Instrument No. 2021-0628128 in the Recorder’s Office, SilverRock Land, LLC quitclaimed Parcels 10 and 11 to Developer. By quitclaim deed dated April 12, 2023 and recorded on April 13, 2023 as Instrument No. 2023-0105886 in the Recorder’s Office, Developer granted to SRL (a Developer entity and permitted transferee pursuant to Section 603.1(f) as provided in Amendment No. 3) a 42.8% undivided interest in Parcel 10.

H. Hotel Operations and TOT Sharing Agreements. Pursuant to the Original PSDA and Amendment No. 2, Developer as “Participant” and City executed that certain Agreement to Share Transient Occupancy Tax Revenue (Luxury Hotel) dated on or about November 19, 2014 (“Luxury Hotel TOT Sharing Agreement”) to, among other things, require the Participant to enter into a “Hotel Management Agreement” with a City-approved “Hotel Manager” (as defined in the Luxury Hotel TOT Sharing Agreement) for continuous operation as the Luxury Hotel, and in exchange the City would make periodic payments to the Participant in specified amounts based on amounts of transient occupancy tax (“TOT”) collected from the Luxury Hotel as set forth in that certain Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury Hotel) dated May 3, 2017 and recorded on November 6, 2017 as Instrument No. 2017-0463952, as amended by that certain Amended and Restated Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury Hotel) dated November 28, 2018 and recorded on even date as Instrument No. 2018-0464671 (collectively, the “Luxury Hotel TOT Covenant Agreement”) in the Recorder’s Office. Similarly, pursuant to the Original PSDA and Amendment No. 2, Developer (as “Participant”) and City executed that certain Agreement to Share Transient Occupancy Tax Revenue (Lifestyle Hotel) dated on or about November 28, 2018 (“Lifestyle Hotel TOT Sharing Agreement”) to, among other things, require the Participant to enter into a “Hotel Management Agreement” with a City-approved “Hotel Manager” (as defined in the Lifestyle Hotel TOT Sharing Agreement) for continuous operation as the Lifestyle Hotel, and in exchange the City would make periodic payments to the Participant in specified amounts based on amounts of TOT collected from the Lifestyle Hotel as set forth in that certain Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Lifestyle Hotel), dated November 28, 2018 and recorded on even date as Instrument No. 2018-0464678 (the “Lifestyle Hotel TOT Covenant Agreement”) in the Recorder’s Office.

Furthermore, and in consideration of City approving a revised schedule of performance, Section 8.2 of Amendment No. 4 reduced the percentage of the “amount available for Rebate” by five percentage points (i.e., by subtracting 5%) from the total adjusted percentage to be applied pursuant to the Luxury Hotel TOT Covenant Agreement and the Lifestyle Hotel TOT Covenant Agreement, respectively, and to memorialize by recorded instrument the percentage reduction in rebate, Developer (as “Owner”) and City executed (a) that certain Amendment No. 1 to Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury Hotel) recorded on October 13, 2021, as Instrument No. 2021-0606108 (the “Luxury Hotel TOT First Amendment”), and (b) that certain Amendment No. 1 to Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Lifestyle Hotel) recorded on October 13, 2021, as Instrument No. 2021-0606083 (the “Lifestyle Hotel TOT First Amendment”). The Luxury Hotel TOT First Amendment and Lifestyle Hotel TOT First Amendment are collectively referred to as the “TOT First 80 CLICK HERE to Return to Agenda
4 Amendments.” The Luxury Hotel TOT Sharing Agreement and Lifestyle Hotel TOT Sharing Agreement are collectively referred to as the “TOT Sharing Agreements” (and track that definition in the Original PSDA), and the Luxury Hotel TOT Covenant Agreement, as amended by the Luxury Hotel TOT First Amendment, and Lifestyle Hotel TOT Covenant Agreement, as amended by the Lifestyle Hotel TOT First Amendment, are collectively referred to as the “TOT Covenant Agreements” (and generally track that definition in the Original PSDA).

I. Covenants, Easements, and Reservations for the Benefit of City. Pursuant to the PSDA, the City declared and retained for public utility purposes an easement in and over portions for the Phase 1B Property defined as the “Easement Area” in that certain Declaration of Conditions and Reservation of Easements recorded on November 28, 2018 as Instrument No. 2018-0464669 in the Recorder’s Office. Additionally pursuant to the PSDA, SRPI granted to City for public utility purposes an easement in and over portions of the Phase 1A Property defined as the “Easement Area” in that certain Grant of Easement and Agreement recorded on November 28, 2018 as Instrument No. 2018-0464680 in the Recorder’s Office. Additionally pursuant to the PSDA (and specifically Amendment No. 2), the City retains in perpetuity benefits for the public by requiring and designating specific uses for the Phase 1C (Golf Course) Property, Phase 1D (Ahmanson Ranch House) Property, and Phase 1E (Perimeter Landscaping and Trails) Property, pursuant to (respectively) that certain Covenant Affecting Real Property (Golf Course Use) by and between City and Developer, recorded May 11, 2017 as Instrument No. 2017-0189004 in the Recorder’s Office, that certain Covenant Affecting Real Property (Ahmanson Ranch House) by and between City and Developer, recorded May 11, 2017 as Instrument No. 2017-189769, and that certain Covenant Affecting Real Property (Perimeter Landscaping and Trails) by and between City and Developer, recorded May 11, 2017 as Instrument No. 2017-089266.

J. Options for the City to Re-Purchase Phase 1A and Phase 1B Properties. Pursuant to the PSDA, the City has an option to re-purchase and right of first refusal to re-purchase, all or portions of the Phase 1A Property and Phase 1B Property in the event Developer (or its assignees) are in default of the PSDA and fail to cure within the allowed cure period, pursuant to (respectively) that certain Option Agreement Phase 1A Property and Phase 1B Property (Excluding Planning Areas 7, 8, and 9) And Termination Of Prior Phase 1A Option Agreement dated November 28, 2018 and recorded on even date as Instrument No. 2018-0464676 in the Recorder’s Office (the “Phases 1A and 1B Properties Repurchase Option Agreement”), and that certain Option Agreement (Phase 1B Property – PA 7, 8, and 9) dated November 28, 2018 and recorded on even date as Instrument No. 2018-0464677 in the Recorder’s Office (the “PA 7-9 Repurchase Option Agreement”). The Phases 1A and 1B Properties Repurchase Option Agreement and PA 7-9 Repurchase Option Agreement are collectively referred to as the “City’s Repurchase Option Agreements.” As set forth in Amendment No. 3 and the City’s Repurchase Option Agreements, Planning Areas 7, 8, and 9 are Parcels 10, 11, and 12 on the Parcel Map constitute the Project Components identified as the Promenade Mixed-Use Village and “Resort Residential Village.” Among other terms and conditions, the City’s Repurchase Option Agreements set forth the calculation of a purchase price if the City decides to exercise an option or right of first refusal to repurchase all or any portions of the Phase 1A Property and/or Phase 1B Property for an uncured default and breach of the PSDA.

K. Summary of Reasons for Amendment. Subsequent to the approval of Amendment No 4, and during the construction of the Project Components on the Phase 1A Property and Phase 1B Property (specifically the construction of the “Luxury Hotel,” “Lifestyle Hotel,” “Permanent Golf Clubhouse,” and “Conference and Shared Services Facility” Project Components (as defined in the PSDA, and, collectively, herein after referred to as the “Core Project Components”), and related MSII appurtenant to these Project Components), Developer informed the City that that the Revised Capitalization for the Core Project Components would no longer include the Lender (as defined in Section 17.8 of Amendment No. 3 but would consist of three integrated components: C-Pace financing in the approximate amount of up to $170 million secured by property taxes (the “C-Pace 81 CLICK HERE to Return to Agenda
5 Loan”), a real property secured construction loan to Developer in the approximate amount of up to $95 million funded by bonds backed by credit enhancement (the “Bond Funded Construction Loan”) and EB-5 financing in an amount up to $90 million (with a right to obtain up to an approximately additional $18 million) secured by preferred membership interests in SRPI (the “EB5 Financing”). The EB-5 Financing was arranged by First Pathway Partners (“First Pathway”) and closed on or about December 9, 2022. Thereafter, Developer informed City that cost increases and other delays relating to the provision of materials and delays in the process of obtaining the Bond Backed Construction Loan led to a work stoppage, which has delayed the construction of the Core Project Components. Additionally, Developer informed the City that it has negotiated through Keillor Capital, with funds to be provided by RAF Pacifica Loan Opportunity Fund I, LLC, a Delaware limited liability company, and Arnold Fishman, as Trustee of The Arnold Fishman Revocable Trust dated July 15, 1999 (collectively, the “Keillor Funding Lenders”), an up to $25 million loan secured by Parcels 10, 11, and 12 that constitute Planning Areas 7, 8, and 9, with said funds to be used (among other specific project development purposes) to pay for costs to complete the planning, application, and City-processing for approval of the development plan and site development permit(s) for Planning Areas 7, 8, and 9, and to pay off and remove the majority of the subcontractor mechanic’s liens (not including those of the two general contractors) recorded against portions of the Phase 1A Property and the Phase 1B Property (generally referred to herein as the “Keillor Financing”).

Additionally, Developer informed the City that it has negotiated through Silver Arch Capital (“Silver Arch”) and is working on a closing for a $79,000,000 million loan to be secured by a financing deed of trust on Parcels 10, 11, and 12 that constitute Planning Areas 7, 8, and 9 (the Parcels that have the Promenade Mixed-Use Village and Resort Residential Village Project Components) and the Parcels that have the Core Project Components, with said funds to be used (among other specified project development purposes) to refinance the Keillor Financing and to pay off and remove any and all remaining mechanic’s liens of the two general contractors and subcontractors and pay off the existing loan made by Poppy Bank secured by the Lodging Project Component (generally referred to herein as the “Silver Arch Financing” and, collectively, the Keillor Financing and Silver Arch Financing are referred to periodically as the “Bridge Loans”).

L. To avoid a default under the PSDA as modified by Amendment No. 4, to memorialize the specifics of the Revised Capitalization and allow City to monitor the status thereof and require Developer to adhere to such financing plan, to further the continuing coordination of the development of the various phases with the financing obtained by Developer, and to reflect the current status of the Project, City and Developer now wish to amend the PSDA to, among other things: (i) Update the Schedule of Performance and phasing of development; (ii) Amend various terms of the PSDA required to facilitate the Core Project Components Capitalization (as defined below); (iii) Memorialize missed Project Milestones; and (iv) Make other clarifications to the PSDA, all as more particularly set forth herein.

M. Same Capitalized Words and Terms. Unless otherwise specifically defined herein, all capitalized words and terms used in this Amendment No. 5 shall have the meanings ascribed to such words and terms in the PSDA, and all Section references below refer to Sections of the PSDA (or, if applicable, Amendment to the PSDA).

A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference and a substantive part of this Agreement, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Effectiveness. This Agreement shall be effective as of the Agreement Date. 82 CLICK HERE to Return to Agenda
6 2. Core Project Component Capitalization. In furtherance and implementation of the Revised Capitalization referred to in Section 2 in Amendment No. 4 in Developer, SRPI, and SRL (for purposes of this Section 2.2 and the remainder of this Amendment No. 5, collectively referred to as “Developer”) are in the process of negotiating and closing with Recapitalization Lender #1 and Recapitalization Lender #2 (collectively, the “Amendment No. 5 Recapitalization Lenders” or “Recapitalization Lenders”) for the C-Pace Loan and Bond Funded Construction Loan described below (collectively referred to as the “Amendment No. 5 Recapitalization Loans” or “Recapitalization Loans”) to complete the construction, in accordance with the Schedule of Performance (as revised by this Amendment No. 5), of the Core Project Components, and, as specified, other Project Components on the Phase 1A Property and Phase 1B Property. (a) Lieef Real Estate Energy Partners, with contact information in Section 7.8 below (“Recapitalization Lender #1”)
Total Amount of funding from Recapitalization Lender #1:

Approximately $170 million. Upon closing, C-Pace proceeds net of all fees and costs due at closing shall be deposited into an escrow account (the “C-Pace Escrow Account”) maintained by a qualified trustee selected by Recapitalization Lender #1. Such funds shall only be disbursed and used for payment for completion of construction of the Project Components as further provided below in this Section 2 of this Amendment No. 5.
(b) Ziegler with contact information in Section 7.8 below (“Recapitalization Lender #2”)
Total Amount of funding from Recapitalization Lender #2: $95 million.

Recapitalization Lender #2 shall be responsible for providing sufficient funds to complete Core Project Components. Such funds shall only be disbursed and used for payment for completion of construction of the Core Project Components as further provided below in this Section 2 of this Amendment No. 5.

Closing on the Recapitalization Loans shall be serviced through the same escrow and shall occur concurrently so that all funds from the Recapitalization Loans will be available to Developer together and on or about the same day after the close of escrow. Upon the closing of the escrow with the Recapitalization Lenders and from the loan proceeds made available from the Recapitalization Loans, Developer shall pay any and all outstanding mechanic’s liens and encumbrances affecting the Core Project Components (collectively, the “Unauthorized Liens and Encumbrances”).

Prior to the closing of escrow for the Recapitalization Loans, Developer shall have delivered to the City Attorney and City Manager for review a copy of the draft loan documents relating to both Recapitalization Loans. Developer shall cause each Recapitalization Lender to provide to the City a copy of any notices of default sent to Developer and shall cause the Lenders to respond to inquiries from the City Manager (and, if authorized by the City Manager, the City Attorney and City Finance Director) regarding the status of the Recapitalization Loans, including but not limited to the use of funds from said loans and payments made or not made for construction relating to the Core Project Components.

No other funding sources for the Core Project Components are contemplated as a part of the Developer’s financing plan other than those set forth in Recital K of this Amendment No. 5.

Developer shall not modify the use of the funding sources, nor shall Developer take any action preventing the use of the funding sources, set forth in Recital K, so that said funding sources shall 83 CLICK HERE to Return to Agenda
7 be used for solely for the purpose of the continuation and completion of construction of, first, the Core Project Components, and secondly, other Project Components on the Phase 1A Property and Phase 1B Property. Developer shall not use or withdraw, or authorize the use or withdrawal of, the funds from the sources identified in Recital K in the identified accounts for said funds for any purpose other than payment for completion of construction of the Project Components, as identified above, on the Phase 1A Property and Phase 1B Property or to pay for costs to complete the planning, application, and City-processing for approval of the development plan and site development permit(s) for Planning Areas 7, 8, and 9. An unauthorized use or withdrawal of funds in violation of this Amendment No. 5 and/or not in furtherance of the completion of construction for the Project Components on the Phase 1A Property and Phase 1B Property shall be a default under the PSDA, and the City shall have the ability to pursue any and all rights and remedies under the PSDA (including under this Amendment No. 5).

Developer shall update the City Manager, no later than seven (7) days after the City Manager’s written request, on the status of construction and distribution of any funds from any funding sources set forth in Recital K for the Project Components on the Phase 1A Property and Phase 1B Property.

Developer shall have the obligation and shall cause the respective sources of funding identified in Recital K (i.e., Recapitalization Lender #1 for the C-PACE Loan, Recapitalization Lender #2 for the Bond Funded Construction Loan, First Pathway for the EB-5 Financing, the Keillor Funding Lenders for the Keillor Financing, and Silver Arch for the Silver Arch Financing) to respond to inquiries from the City Manager (and, if authorized by the City Manager, the City Attorney and City Finance Director) regarding the status of payment/repayment on the funding sources, including but not limited to the use of funds from said loans for construction of respective Project Components and payments made or not made for construction relating to the respective Project Components.

3. Schedule of Performance. The PSDA is amended by replacing the Schedule of Performance with the schedule attached hereto as Exhibit “A” and incorporated herein, which shall then be deemed the “Schedule of Performance” for purposes of the PSDA and referred to in this Agreement as the “Revised Schedule of Performance”. Reference is made to footnote 1 in the Revised Schedule of Performance. By notice to the City on or before the outside date for the closing of the Recapitalization Loans as set forth in item 7 of the Revised Schedule of Performance, Developer may extend such outside date on one or more occasions up to but not beyond June 30, 2024, upon demonstrating to the reasonable satisfaction of the City Manager that Developer has been and is continuing to use good faith commercially reasonably diligent efforts to obtain a closing of the Recapitalization Loans. For the purpose of this Agreement and Revised Schedule of Performance, the commencement of slab/foundation work (which shall include under slab utility work) constitutes “commencement of vertical construction.”

4. Master Site Infrastructure Improvements Phasing Plan. The Master Site Infrastructure Improvements, and requirements relating thereto, referred to in the PSDA, including Sections 205.1 and 304.2, shall be interpreted and, to the extent necessary, shall be deemed amended to give effect to and be consistent with the revised “Master Site Infrastructure Improvements Phasing Plan” attached to this Amendment No. 5 as Exhibit ”B” and incorporated herein.

5. Missed Project Milestones and Applicable Financial Incentive Reductions.

5.1 List of Missed Project Milestones. Article 9 in Amendment No. 4 sets forth the terms and conditions for meeting Project Milestones and Financial Incentive Reductions that apply, and continue to apply, to the Purchase Price to the Future Resort Property if, and only if, Developer may validly exercise Developer’s Future Resort Option and exercises that Developer’s Future Resort 84 CLICK HERE to Return to Agenda
8 Option. Developer failed to perform pursuant to the Schedule of Performance from Amendment No. 4, the following Project Milestones:
• Completion of Luxury Hotel guest room framing (Amend. No. 4, § 9.1(b)); • Substantial completion of the Luxury Hotel vertical construction (Amend. No. 4, § 9.1(c))
• Completion of Lifestyle Hotel guest room framing (Amend. No. 4, § 9.1(e)); • Substantial completion of the Lifestyle Hotel vertical construction (Amend. No. 4, § 9.1(f)))

5.2 Increase in Purchase Price for Future Resort Property for Past Missed Project Milestones. Notwithstanding any terms and conditions to the contrary in Amendment No. 4, as the sole remedy for not meeting the Project Milestones set forth in Amendment No. 4 as identified in Section 5.1 above, the Purchase Price for the Future Resort Property shall be increased by Two Million Dollars ($2,000,000), and the Purchase Price for the Future Resort Property shall be no less than Four Million Five Hundred Thousand Dollars ($4,500,000) (original Purchase Price from Amendment No. 4 at $2,500,000 + $2,000,000 ($500,000 x 4 missed Project Milestones).

5.3 New Project Milestones. The Revised Schedule of Performance sets forth the following new Project Milestones:
• Completion of Luxury Hotel guest room framing;
• Substantial completion of the Luxury Hotel vertical construction; • Completion of Lifestyle Hotel guest room framing;
• Substantial completion of the Lifestyle Hotel vertical construction.

5.4 Remainder of Article 9 in Amendment No. 4. Except for the modifications expressly provided in Sections 5.2 and 5.3 of this Amendment No. 5, all of the terms and conditions that may apply for Project Milestones and Financial Incentive Reductions (and all other terms and conditions relating to the Future Resort Property, Progress Reports, and other provisions in Article 9 of Amend. No. 4) shall continue to be operative (and shall be interpreted to apply equally to the new Project Milestones set forth in Section 5.3), including any and all requirements that must be met by Developer prior to having the ability to effectively exercise Developer’s Future Resort Option and ultimate determination of the Purchase Price for the Future Resort Property.

5.5 Updated Schedule of Performance and Continued Applicability of Financial Incentive Reductions. In furtherance of Sections 5.3 and 5.4 above, and it being the expressed intent of the Parties, if any of the new Project Milestone is not timely completed pursuant to the Revised Schedule of Performance set forth in Exhibit A attached to this Amendment No. 5, then, in addition to the increase referred to in Section 5,2 above and subject to the terms of Section 5.4 above, the Purchase Price for the Future Resort Property shall be increased by Five Hundred Thousand Dollars ($500,000) for each missed new Project Milestone under the Revised Schedule of Performance; for example, and in explanation of the foregoing and to avoid any doubt, the Revised Schedule of Performance updated the date of completion of Luxury Hotel guest room framing, and, as reflected in Section 5.2 above, even though Developer is subject to the increase in the Purchase Price for the Future Resort Property for missing the same earlier Project Milestone under 85 CLICK HERE to Return to Agenda
9 Amendment No. 4, the failure by Developer to meet the updated dates for Project Milestones set forth in the Revised Schedule of Performance attached to this Amendment No. 5 shall be cause for an additional Five Hundred Thousand Dollars ($500,000) to be added to the Purchase Price of the Future Resort Property. This explanation applies to all four Project Milestones identified in Section

5.3 of this Amendment No. 5 and with updated dates of performance set forth in Exhibit A attached to this Amendment No. 5. Similarly, and in furtherance of Sections 5.3 and 5.4 above, all four Project Milestones identified in Section 5.3 above are subject to the terms of Article 9 of Amendment No. 4 related to the non-applicability of a Financial Incentive Reduction generally described in Section

9.2(ii)(B) and (C) in Amendment No. 4, such that: (i) For the Luxury Hotel, if Developer misses the completion date for the Luxury Hotel guest room framing but meets the completion date for the substantial completion of the Luxury Hotel vertical construction pursuant to the Revised Schedule of Performance in this Amendment No. 5, then the Financial Incentive Reduction for missing the first Project Milestone will not be applied, and (ii) For the Lifestyle Hotel, if Developer misses the completion date for the Lifestyle Hotel guest room framing but meets the completion date for the substantial completion of the Lifestyle Hotel vertical construction pursuant to the Revised Schedule of Performance in this Amendment No. 5, then the Financial Incentive Reduction for missing the first Project Milestone will not be applied. Likewise, all four Project Milestones identified in Section 5.3 above are potentially subject to Approved General Contractor Extensions as described in Section 9.2(ii)(D)(1) and (2) in Amendment No. 4, and Developer shall be subject to the provisions in Section 9.2(ii)(E) and (F) in Amendment No. 4.

6. Daily Reduction in Rebate Based on TOT Receipts for Delayed Completion of Luxury Hotel and Lifestyle Hotel. In consideration of City’s agreeing to this Amendment No. 5 and the Revised Schedule of Performance set forth herein, and in addition to the percentage reductions to rebate based on TOT receipts set forth in Section 8.2 of Amendment No. 4 and the Luxury Hotel TOT First Amendment and Lifestyle Hotel TOT First Amendment, Developer shall be subject to a reduction in Developer’s eligibility to receive a rebate based on TOT receipts (referred to the Luxury Hotel TOT Covenant Agreement as “TOT paid to City”) for each day that Developer fails to complete the vertical construction of either the Luxury Hotel by the completion date for the same under the Revised Schedule of Performance or the Lifestyle Hotel by the completion date for the same under the Revised Schedule of Performance (as such dates may be extended by Force Majeure) (the “Luxury Hotel TOT Rebate Reduction Date” and the “Lifestyle Hotel TOT Rebate Reduction Date”, or both, according to the following:

6.1 Luxury Hotel Vertical Construction. For each day Developer fails to complete the Luxury Hotel Vertical Construction by the completion date for the same under the Revised Schedule of Performance, Developer shall not be eligible to receive a “Covenant Payment” (as defined the Luxury Hotel TOT Covenant Agreement and calculated pursuant to the Luxury Hotel TOT First Amendment) that otherwise would have been available to Developer pursuant to the Luxury Hotel TOT Covenant Agreement, as amended by the Luxury Hotel TOT First Amendment (referred to as the “Luxury Hotel Daily Rebate Reduction”). If applicable, the Luxury Hotel Daily Rebate Reduction shall be applied by: (a) counting the number of days between the completion date for the Luxury Hotel under the Revised Schedule of Performance and, if later, the date upon which Developer receives a temporary or permanent certificate of occupancy for the Luxury Hotel allowing the Luxury Hotel to be opened for business; then (b) subtracting the number of days calculated in clause (a) from the date of the last day of the “Term” (as defined in the Luxury Hotel TOT Covenant Agreement). The “number of days” as provided in this Section shall include any portion of a day. In explanation of the foregoing, if the Completion Date for Luxury Hotel Vertical Construction is March 13, 2025, and on June 11, 2025, Developer received a certificate of occupancy allowing the Luxury Hotel to be opened (i.e., 90 days after the scheduled Completion Date), then 90 days would be subtracted from the last day of the “Term” (as defined and determined pursuant to the Luxury Hotel TOT Covenant Agreement) (e.g., 90 days subtracted from the last day the 15-year “Term” that would 86 CLICK HERE to Return to Agenda
10 be the full rebate period based on TOT); the “Luxury Hotel Daily Rebate Reduction” would be 90 days, and Developer would not be eligible to receive from the City a “Covenant Payment” (as defined the Luxury Hotel TOT Covenant Agreement and calculated pursuant to the Luxury Hotel TOT First Amendment) for those last 90 days of what would otherwise have been included in the Term.

Developer and City shall execute (concurrently with this Amendment No. 5) in a recordable form the Second Amendment to the Luxury Hotel TOT Covenant Agreement substantially the form attached hereto as Exhibit “C” and incorporated herein by this reference (the “Luxury Hotel TOT Second Amendment”). Developer shall record or cause to be recorded in the Recorder’s Office the Luxury Hotel TOT Second Amendment prior to or concurrently with the closing of the Recapitalization Loans as set forth in this Amendment No. 5. Developer and City shall cooperate to execute (and record, if applicable) any other documents or amendments (including but not limited to amendments to the Luxury Hotel TOT Sharing Agreement) if necessary or convenient to memorialize the terms and conditions of this Section and this Amendment No. 5 relating to the Luxury Hotel Daily Rebate Reduction.

6.2 Lifestyle Hotel Vertical Construction. For each day Developer fails to complete the Lifestyle Hotel Vertical Construction by the completion date set forth in the Revised Schedule of Performance, Developer shall not be eligible to receive a “Covenant Payment” (as defined the Lifestyle Hotel TOT Covenant Agreement and calculated pursuant to the Lifestyle Hotel TOT First Amendment) that otherwise would have been available to Developer pursuant to the Lifestyle Hotel TOT Covenant Agreement, as amended by the Lifestyle Hotel TOT First Amendment(referred to as the “Lifestyle Hotel Daily Rebate Reduction”). If applicable, the Lifestyle Hotel Daily Rebate Reduction shall be applied by: (a) counting the number of days between the completion date for the Lifestyle Hotel under the Revised Schedule of Performance and, if later, the date upon which Developer receives a temporary or permanent certificate of occupancy for the Lifestyle Hotel allowing the Lifestyle Hotel to be opened for business; then (b) subtracting the number of days calculated in clause (a) from the date of the last day of the “Term” (as defined in the Lifestyle Hotel TOT Covenant Agreement). The “number of days” as provided in this Section shall include any portion of a day. In explanation of the foregoing, if the Completion Date for Lifestyle Hotel Vertical Construction is December 31, 2026, and on March 31, 2026, Developer received a certificate of occupancy allowing the Lifestyle Hotel to be opened (i.e., 90 days after the scheduled Completion Date), then 90 days would be subtracted from the last day of the “Term” (as defined and determined pursuant to the Lifestyle Hotel TOT Covenant Agreement) (e.g., 90 days subtracted from the last day the 15-year “Term” that would be the full rebate period based on TOT); the “Lifestyle Hotel Daily Rebate Reduction” would be 90 days, and Developer would not be eligible to receive from the City a “Covenant Payment” (as defined the Lifestyle Hotel TOT Covenant Agreement and calculated pursuant to the Lifestyle Hotel TOT First Amendment) for those last 90 days of what would otherwise have been included in the Term. Developer and City shall execute (concurrently with this Amendment No. 5) in a recordable form the Second Amendment to the Lifestyle Hotel TOT Covenant Agreement substantially the form attached hereto as Exhibit “D” and incorporated herein by this reference (the “Lifestyle Hotel TOT Second Amendment”). Developer shall record or cause to be recorded in the Recorder’s Office the Lifestyle Hotel TOT Second Amendment prior to or concurrently with the closing of the Recapitalization Loans as set forth in this Amendment No. 5. Developer and City shall cooperate to execute (and record, if applicable) any other documents or amendments (including but not limited to amendments to the Lifestyle Hotel TOT Sharing Agreement) if necessary or convenient to memorialize the terms and conditions of this Section and this Amendment No. 5 relating to the Lifestyle Hotel Daily Rebate Reduction. 87 CLICK HERE to Return to Agenda
11 7. Miscellaneous.

7.1 PSDA in Full Force and Effect. Except as otherwise expressly provided in this Amendment No. 5, all of the covenants, terms and conditions of the PSDA (including the GENERAL PROVISIONS in Article 600, as modified in Amendment No. 1) shall remain in full force and effect.

7.2 Governing Law. This Amendment No. 5 and the PSDA shall be governed by the internal laws of the State of California, without regard to conflict of law principles, and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 5 or PSDA. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California.

7.3 Interpretation. The PSDA, as amended by this Amendment No. 5, shall be read and interpreted in a comprehensive, integrated manner, and in a manner that best implements the provisions of this Amendment No. 5. However, in the event the terms of this Amendment No. 5 result in ambiguity, the parties will meet and confer to attempt to resolve the ambiguity, each in their reasonable discretion. But if the terms of this Amendment No. 5 directly conflict with the terms of the PSDA, then the terms of this Amendment No. 5 will be controlling and the PSDA, as amended, shall be interpreted to implement the intent of this Amendment No. 5.

7.4 Time is of Essence. Time is of the essence of this Amendment No. 5 and of each and every term and provision hereof.

7.5 City Approvals and Actions. City shall maintain authority over and implementation of this Amendment No. 5 pursuant to Section 605 of the Original PSDA.

7.6 Representations. The person(s) executing this Amendment No. 5 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 Amendment No. 5 on behalf of said party, (iii) by so executing this Amendment No. 5 such party is formally bound to the provisions of this Amendment No. 5, and (iv) the entering into this Amendment No. 5 does not violate any provision of any other agreement to which such party is bound.

7.7 Progress Reports. Developer’s obligations to provide the City Manager with the reports described in Section 9.4 of Amendment No. 4 remains in full force and effect. In addition, if requested by the City Manager in writing, the report required to be provided to the City Manager by the Developer shall include the following information: (a) The names and contact information (including principal contact person and regular mailing and e-mailing addresses) for any contractor performing work on any Project Components (including the Core Project Components); (b) Any writings from any contractor notifying Developer of any delinquent payment for any work completed or alleged to be completed for any Project Components (including the Core Project Components); (c) Any writings from any contractor notifying Developer of any work stoppage or threatened work stoppage on any Project Components (including the Core Project Components); and (d) Any writings from any contractor notifying Developer of any mechanic’s lien or threat to file and record any mechanic’s lien against any Parcel on the Phase 1A Property and/or Phase 1B Property (including Parcels 10, 11, and 12 covering Planning Areas 7, 8, and 9)).

7.8 Estoppel Statement. City and Developer certify to one another and the Keillor Lenders, Silver Arch and the Recapitalization Lenders (as express third party beneficiaries of this 88 CLICK HERE to Return to Agenda
12 Section 7.8), that as of the Agreement Date: (i) except as modified by this Amendment No. 5, the PSDA and the “PSDA Covenant Documents” (as defined in Section 7.2 of Amendment No. 3) are unmodified and in full force and effect; and (ii) there is no Developer default under the PSDA as modified by this Amendment No. 5, or the PSDA Covenant Documents and there is no condition or circumstances which with the giving of notice and/or the passage of time would become a default hereunder. City (i) agrees that any future default or demand notice to Developer with respect to the PSDA or PSDA Covenant Documents will be sent to the Keillor Lenders, Silver Arch and the Recapitalization Lenders at the below addresses at the same time the notice is sent to Developer, (ii) City consents to the collateral assignment by Developer to the Keillor Lenders, Silver Arch and Recapitalization Lender #2 of Developer’s rights under the PSDA, as amended, and (iii) the Keillor Lenders, Silver Arch and the Recapitalization Lenders may rely on the terms of this Section 7.8. 1) First Pathway Partners
Attn: Dan Wycklendt
311 E. Chicago Street, Suite 510
Milwaukee, WI 53202
2) Keillor Capital
Attn: Eric Keillor
2429 W. Coast Hwy, suite 210
Newport Beach, CA 92663
3) Silver Arch Capital
Attn: Jeff Wolfer
411 Hackensack ave, suite 803
Hackensack, NJ 07601
4) Ziegler Investment Banking
Attn: Aaron Gadouas
One North Wacker Drive, suite 2000
Chicago, Illinois 60606
5) Lieef Real Estate Energy Partners LLC
Attn: Caleb Stokes
5 Union Square West FRNT 1, #1265
New York, NY 10003

7.9 Sections 311.1 and 311.2 of the PSDA. In furtherance of the intention of Section 311.1 of the PSDA, upon the City Manager’s written request, Developer shall deliver to the City Manager and City Attorney any and all loan documents in a sufficiently final draft form to confirm the evidence of financing for the Bridge Loans and Recapitalization Loans. Additionally, and in furtherance of the intention of Section 311.2 of the PSDA, in the event the lenders providing the Bridge Loans, C-Pace Loan, Bond Funded Construction Loan, or EB-5 Financing described in Recital K and Section 2 of this Amendment No. 5 request acknowledgement, clarification and/or supplemental mortgagee protection terms and, in the City Manager’s judgment the items requested are consistent with and/or reasonable extensions of the mortgagee protection provisions set forth in the PSDA and/or the PSDA Covenant Documents, the City Manager has the authorization, in accordance with Section 311.2 of the PSDA, to provide such acknowledgement, clarification and/or supplemental mortgagee protection terms on behalf of the City. 89 CLICK HERE to Return to Agenda
13 7.10 Counterparts. This Amendment No. 5 may be executed in counterparts, each of which, when this Amendment No. 5 has been signed by all of the parties hereto, shall be deemed an original, and each such counterpart shall constitute one and the same instrument. [End of Amendment No. 5 – Signature page follows]
90 CLICK HERE to Return to Agenda
14 12711468.4
4827-5243-0055.12
IN WITNESS WHEREOF, City, Developer, SLR and SRPI have executed this Amendment No. 5 as of the date set forth above.

Date: ____________, 2023
“DEVELOPER”

SILVERROCK DEVELOPMENT COMPANY,
LLC, a Delaware limited liability company
By: The Robert Green Company,
a California corporation
Its: Manager
By:

Name: Robert S. Green, Jr.

Its: President and Chief
Executive Officer
“SRPI”
SILVERROCK PHASE I, LLC, a Delaware
limited liability company
By: The Robert Green Company,
a California corporation
Its: Manager
By:

Name: Robert S. Green, Jr.

Its: President and Chief
Executive Officer
“SRL”
SILVERROCK LAND II, LLC, a Delaware
limited liability company
By: The Robert Green Company,
a California corporation
Its: Manager
By:

Name: Robert S. Green, Jr.

Its: President and Chief
Executive Officer
[Signatures continued to next page]
91 CLICK HERE to Return to Agenda
15 12711468.4
4827-5243-0055.12
Date: ____________, 2023
“CITY”
CITY OF LA QUINTA, a California municipal
corporation and charter city
By:

Jon McMillen
Its: City Manager
ATTEST:

Monika Radeva, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
By:

William H. Ihrke, City Attorney
92 CLICK HERE to Return to Agenda
EXHIBIT “A”
-1-
EXHIBIT “A”

SCHEDULE OF PERFORMANCE
[See following pages]
93 CLICK HERE to Return to Agenda
EXHIBIT “A”
-2-

SCHEDULE OF PERFORMANCE
Item of Performance Start Completion1

TRANSACTIONAL AGREEMENTS
Execution of PSDA, TOT Sharing
Agreements, and TOT Covenant
Agreements

N/A COMPLETE
Open Phase 1 Escrow and Phase 2
Escrow

N/A COMPLETE

PRE-DEVELOPMENT
Land & Site Planning
- Prepare, submit to City for
approval, and obtain City’s
approval of, plans for Golf
Course Realignment

N/A COMPLETE
- Master site design N/A COMPLETE
Planning & Entitlements
- Preliminary Engineering &
Mapping

N/A COMPLETE
- Site development plans N/A PA (2, 3, 4, 5, 6, and
10A): COMPLETE.

PA (7, 8 and 9):
within six months of
Luxury Hotel
opening.
- Prepare, submit to City for
approval, and obtain City’s
approval of, Master Site
Infrastructure Improvements
Design/Construction
Development Drawings
(relevant to particular phase)

N/A COMPLETE
Conditions to Closing
1Completion dates or timeframes listed in this table are the outside dates permissible under this Agreement and are subject to the terms of the Agreement which includes Section 602 of the Agreement. The completion outside dates of items 8, 9, 11, 13,15, 16 and 22 are a function the closing of the Recapitalization Loans. Developer shall use its diligent efforts to accomplish the closing of the Recapitalization Loans by no later than January 1, 2024, but under Section 3 of this Amendment No. 5 has the right to extend the outside date for the closing of the Recapitalization Loans to June 30, 2024. To the extent such outside date is extended, then the completion dates under items 8, 9, 11, 13,15, 16 and 22 are automatically extended to the same extent.
94 CLICK HERE to Return to Agenda
EXHIBIT “A”
-3-
Item of Performance Start Completion1
- All of Developer’s Conditions
Precedent to the Closing and
City’s Conditions Precedent to
the Closing have been satisfied,
or waived by the appropriate
party

N/A COMPLETE
Item #

CONSTRUCTION AND

INSTALLATION OF MASTER SITE

IMPROVEMENTS

1. Construct Golf Course Realignment 5/1/17 COMPLETE

2. Install construction fencing around
Luxury Hotel site as required to
separate golf play

N/A COMPLETE

3. All other MSII N/A Prior to issuance of
any certificate of
occupancy for the
vertical
improvements served
by those Master Site
Infrastructure
Improvements
necessary for the
subject phase of
development.

See MSII Phasing
Plan as well.

CONSTRUCTION OF PROJECT

COMPONENTS

4. Prepare and submit to City for
approval, and obtain City’s approval of,
Project Component (or portion thereof)
Design/Construction Development
Drawings
3 months prior to
anticipated start of
construction of
applicable Project
Component or
portion thereof.

Prior to start of
construction of
applicable Project
Component or portion
thereof.

5. Developer satisfies all conditions to
develop set forth in Section 304 of
Agreement
N/A Prior to start of
construction of
applicable Project
Component
95 CLICK HERE to Return to Agenda
EXHIBIT “A”
-4-
Item of Performance Start Completion1

6. Luxury Hotel Site Preparation2
(PA 2)
6/30/21 COMPLETE

7. Closing Date of Recapitalization Loans n/a 1-1-24

8. Completion of Luxury Hotel Guest
Room Framing
n/a 6-30-24
(new Project
Milestone in Amend.

No.5 § 5.3)

9. Luxury Hotel Vertical Construction3
(PA 2)
Done 3-13-25
(new Project
Milestone in Amend.

No.5 § 5.3)

10. Luxury Branded Residential
Development Site Preparation (PA 3)
6/31/21 COMPLETE

11. Luxury Branded Residential
Development Vertical Construction
(PA 3)
8/30/21 8/30/2026
Project Component**
considered complete
when 70% of units
are complete.

12. Conference and Shared Services
Facility Site Preparation (PA 4)
6/30/21 COMPLETE

13. Conference and Shared Services
Facility Vertical Construction
(PA 4)
8/30/21 3-13-25

14. Lifestyle Hotel Site Preparation (PA 5) 6/30/21 COMPLETE

15. Completion of Lifestyle Hotel Framing
of Guest Rooms
n/a 8-12-26
(new Project
Milestone in) Amend.

No.5 § 5.3
2 For all purposes of this Schedule, site preparation work consists of pre-watering, underground utilities and precise grading.
3 For all purposes of this Schedule, “commencement of vertical construction” refers to the construction of foundations/slabs (including the under slab utility work) and “vertical improvements” means such work and all improvements that follow. Completion of Luxury and Lifestyle Hotel vertical construction is completion to a point at when a temporary or permanent certificate of occupancy (allowing for opening for business) can be issued for the Luxury Hotel and Lifestyle Hotel, respectively.
96 CLICK HERE to Return to Agenda
EXHIBIT “A”
-5-
Item of Performance Start Completion1

16. Lifestyle Hotel Vertical Construction
(PA 5)
520 days after the
closing of
Recapitalization
Loans but not
later than 12/5/25
(new Project
Milestone in
Amend. No.5
§ 5.3)
12-31-26
(new Project
Milestone in Amend.

No.5 § 5.3

17. Lifestyle Branded Residential
Development Site Preparation
(PA 6)
7/30/2021 COMPLETE

18. Lifestyle Branded Residential
Development Vertical Construction
(PA 6)
4/3/25 4 years after start.

Project Component**
considered complete
when 70% of units
are complete.

19. Promenade Mixed-Use Village
(PA 7 and PA 9)
6/30/27 5 years after start.

Project Component**
considered complete
when 70% of units
are complete.

20. Resort Residential Village
(PA 8)
6/30/27 5 years after start.

Project Component**
considered complete
when 70% of units
are complete.

21. Permanent Golf Clubhouse
Site Preparation
(PA 10A)
5/30/21 COMPLETE

22. Permanent Golf Clubhouse
Vertical Construction
(PA 10A)
8/30/21 [done] 11/25/24

23. Golf Bungalows
Site Preparation
(PA 10A)
5/30/21 COMPLETE

24. Golf Bungalows
Vertical Construction
(PA 10A)
2/1/27 2/1/29
*.
97 CLICK HERE to Return to Agenda
EXHIBIT “A”
-6-
**However, if Developer provides evidence reasonably satisfactory to the City that then existing market conditions do not allow for the development on economically feasible terms and orderly absorption of such product type to the point of completion within said initial 5-year period, then such period shall be extended for 3 years. 98 CLICK HERE to Return to Agenda
EXHIBIT “B”
-1-

EXHIBIT B

MASTER SITE INFRASTRUCTURE PHASING PLAN
ID Project Component Start Finish Notes
99 CLICK HERE to Return to Agenda
EXHIBIT “B”
-2-
B PA 2 - Montage Hotel
and Spa
8/30/2021 3/13/2025* The completion date is a function the closing of the Recapitalization Loans.

B PA 2 - Montage
Guestroom Building
8/30/2021 3/13/2025* The completion date is a function the closing of the Recapitalization Loans.

Developer shall use its diligent efforts to
accomplish the closing of the
Recapitalization Loans by no later than
January 1, 2024 but under Section 3 of
this Amendment No. 5 Developer has the
right to extend the outside date for the
closing of the Recapitalization Loans to
June 30, 2024
C PA 3 -Montage Branded
Residences
8/30/2021 8/30/2026 **Project Component considered
complete when 70% of units are
complete.

D PA 4 - Conference &
Shared Services
8/30/2021 3/13/2025* Completion tied to coincide with
Montage Hotel opening
E PA 5 - Pendry Hotel 12/5/2025 12/31/2026*
F PA 6 - Pendry Branded
Residences
4/3/2025 + 4 Years 4 years after start. Project
Component** considered complete
when 70% of units are complete.

G PA 7 - Mixed Use
Village I
6/30/2027 + 5 Years 5 years after start. Project
Component** considered complete
when 70% of units are complete.

H PA 8 - Resort
Residential Village
6/30/2027 + 5 Years 5 years after start. Project
Component** considered complete
when 70% of units are complete.

I PA 9 -Mixed Use Village
II
6/30/2027 + 5 Years 5 years after start. Project
Component** considered complete
when 70% of units are complete.

J PA 10 - Golf Clubhouse
& Practice Range ReModel
8/30/2021 11/25/2024
J PA 10 - Golf Bungalows 2/1/2027 2/1/2029
ID MSI Start Finish
* Mass Grade(Excl. PA
7/9, & 8)
Complete Complete Mixed-Use and Resort Residential
Village pads to be graded after Site
Development Plan approval in a
second mass grade mobilization
along with SR Way interim x-sec
demo
100 CLICK HERE to Return to Agenda
EXHIBIT “B”
-3-
1 SilverRock Way (City) 10/1/2020 10/29/2024* Street work is complete; landscape and sidewalk remain to be completed
by SRDC (to be substantially
complete with the opening of the
Golf Clubhouse)
2 "Painted Peak" (former
Ahmanson Ln)
11/1/2024 3/13/2025* Commencement is tied to opening of Golf Clubhouse and decommissioning
of Temporary Cart Barn, completion
tied to coincide with Montage Hotel
opening
3 Fut. Ahmanson Lane,
Trails(pathway),
Signage
4/26/2022 3/13/2025*
4 Jefferson Entry,
Trails(pathway),
Signage
6/1/2024 12/31/2026* Completion is linked to completion of Pendry Hotel (landscape
trails/walkways).
5 CVWD Water & Sewer
Improvements
8/13/2020 12/31/2026* Per Special Agreement with CVWD;
timing of improvements per
Appendix 'A' (components tied to
water/sewer design of PA 7, 8 &9).
* The completion date is a function the closing of the Recapitalization Loans. Developer shall use its diligent efforts to accomplish the closing of the Recapitalization Loans by no later than January 1, 2024 but under Section 3 of this Amendment No. 5 Developer has the right to extend the outside date for the closing of the Recapitalization Loans to June 30, 2024 Note: "MSI" is considered to be those improvements in a table dated 10-11-2018 provided to the City of La Quinta, and consistent with Purchase, Sale, and Development Agreement Amendment #3 101 CLICK HERE to Return to Agenda
EXHIBIT “C”
-1-

EXHIBIT C

LUXURY HOTEL TOT SECOND AMENDMENT
[attached]
102 CLICK HERE to Return to Agenda
EXHIBIT “C”
-2-

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
[SPACE ABOVE FOR RECORDER.]
EXEMPT FROM RECORDER’S FEE PER GOV. CODE §27383
AMENDMENT NO. 2 to

AMENDED AND RESTATED AGREEMENT CONTAINING COVENANTS,

CONDITIONS, AND RESTRICTIONS AFFECTING REAL PROPERTY
(Luxury Hotel)
This AMENDMENT NO. 2 to AMENDED AND RESTATED AGREEMENT

CONTAINING COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING REAL PROPERTY (Luxury Hotel) (referred to herein as the “Luxury Hotel TOT Covenant Second Amendment” or “Covenant Second Amendment”) is entered into as of this ____ day of ____________, 2023 (“Covenant Second Amendment Effective Date”), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city (“City”), and SILVERROCK PHASE I, LLC, a Delaware limited liability company (“Owner”) (individually a “Party” and collectively the “Parties”).

RECITALS
A. Pursuant to that certain Agreement to Share Transient Occupancy Tax Revenue (Luxury Hotel) dated on or about November 19, 2014 (“Luxury Hotel TOT Sharing Agreement”) by and between City and Owner (defined therein as “Participant”), Owner, among other things, was required to enter into a “Hotel Management Agreement” with a City-approved “Hotel Manager” (as defined in the Luxury Hotel TOT Sharing Agreement) for continuous operation as the Luxury Hotel, and in exchange the City would make periodic payments to the Owner (as Participant) in specified amounts based on amounts of TOT collected from the “Luxury Hotel,” as set forth in that certain Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury Hotel) dated May 3, 2017 and recorded on November 6, 2017 as Instrument No. 2017- 0463952, as amended by that certain Amended and Restated Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury Hotel) dated November 28, 2018 and recorded on even date as Instrument No. 2018-0464671, as amended by that certain Amendment No. 1 to Amended and Restated Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Luxury Hotel) recorded on October 13, 2021, as Instrument No. 2021-0606108 (collectively, the “Luxury Hotel TOT Covenant Agreement”). That certain real property subject to the Luxury Hotel TOT Covenant Agreement is located in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit No. 1 and incorporated herein by this reference (the “Site”). 103 CLICK HERE to Return to Agenda
EXHIBIT “C”
-3-
B. City agreed to sell to Owner (or Owner’s affiliated predecessor-in-interest) the Site pursuant to that certain Purchase, Sale, and Development Agreement dated November 19, 2014 (“Original PSDA”), as amended by Amendment No. 1 to Purchase, Sale, and Development Agreement dated October 29, 2015 (“Amendment No. 1”), Amendment No. 2 to Purchase, Sale, and Development Agreement dated April 18, 2017 (“Amendment No. 2”), Amendment No. 3 to Purchase, Sale, and Development Agreement dated November, 28, 2018 (“Amendment No. 3”), Amendment No. 4 to Purchase, Sale and Development Agreement dated October 12, 2021 (“Amendment No. 4”) and Amendment No. 5 to Purchase, Sale and Development Agreement dated October __, 2023 (“Amendment No. 5”) and collectively and as may be further amended, the “PSDA”). The PSDA sets forth the terms and conditions for City to sell to Owner the Site and certain adjacent real property (collectively, the “Development Property”), and for Owner to thereafter develop and operate on the Development Property a commercial project containing hotels and associated amenities, branded residential units, a mixed use village, and a resort residential village (the “Development Project”).

C. Pursuant to the PSDA, Owner has agreed to develop on the Site a portion of the Development Project consisting of the hotel defined in the PSDA as the Luxury Hotel (the “Hotel”).

D. Pursuant to the PSDA, Participant is required to enter into a hotel management agreement and all ancillary agreements, including, without limitation, a technical services agreement, hotel brand licensing agreement, and use and access development agreement (collectively, a “Hotel Management Agreement”), with a Cityapproved hotel operator (the “Hotel Operator”), who shall be responsible for the management and operation of the Hotel pursuant to the terms of the Hotel Management Agreement.

E. Owner is required to enter into and authorize for recording this Luxury Hotel TOT Covenant Second Amendment as part of the City’s consideration for entering into Amendment No. 5, which, among other terms and conditions, modified the term during which rebate payments by City to Owner would be made if Owner fails to complete the Hotel by the outside completion date for the same set forth in Amendment No. 5.

COVENANTS
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Owner hereby agree as follows:

1. DEFINED TERMS. Except as expressly defined in this Covenant Second Amendment, all capitalized words and terms shall have the same meaning ascribed to them in the Luxury Hotel TOT Covenant Agreement.

2. MODIFICATION TO TERMINATION DATE. The definition of Termination Date set forth in Section 1 of the Luxury Hotel TOT Covenant Agreement is hereby deleted and replaced with the following:
104 CLICK HERE to Return to Agenda
EXHIBIT “C”
-4-
“The term “Termination Date” shall mean the date that is the earlier of (i) the fifteenth (15th) anniversary of the Commencement Date less, if applicable, the number of days between the outside completion date for the Luxury Hotel under the Amendment No. 5 Revised Schedule of Performance and, if later, the date upon which Developer receives a temporary or permanent certificate of occupancy for the Luxury Hotel allowing the Luxury Hotel to be opened for business; or (ii) the date upon which this Covenant Agreement is terminated pursuant to Section 5.2 or Section 5.3.”

3. RECORDING OF THIS COVENANT SECOND AMENDMENT. Developer shall record or cause to be recorded in the Recorder’s Office this Covenant Second Amendment prior to or concurrently with the closing of the Revised Capitalization (as defined and as set forth in Amendment No. 4 to the PSDA).

4. COOPERATION OF THE PARTIES. Developer and City shall cooperate to execute (and record, if applicable) any other documents or amendments (including but not limited to amendments to the Luxury Hotel TOT Sharing Agreement) if necessary or convenient to memorialize the terms and conditions in Section 8.2 of Amendment No. 4 to the PSDA relating to the adjusted percentages to be applied to the Luxury Hotel TOT Covenant Agreement.

5. REMAINING PROVISIONS IN FULL FORCE AND EFFECT. Except as modified by this Covenant Second Amendment, the terms and conditions set forth in the Luxury Hotel TOT Covenant Agreement shall remain in full force and effect.

6. COUNTERPARTS. This Covenant Second Amendment may be executed in counterparts, each of which, when this Covenant Second Amendment has been signed by all of the parties hereto, shall be deemed an original, and each such counterpart shall constitute one and the same instrument.
[signatures on next page]
105 CLICK HERE to Return to Agenda
EXHIBIT “C”
-5-
IN WITNESS WHEREOF, the Parties have executed this Covenant Second Amendment to be effective as of the Covenant Second Amendment Effective Date. “CITY”
CITY OF LA QUINTA, a California municipal
corporation and charter city
Date:________________, 2023 By:_______________________________ Jon McMillen, City Manager
ATTEST:

By:_____________________________
Monika Radeva, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
_______________________________
William H. Ihrke, City Attorney
[continued on next page]
106 CLICK HERE to Return to Agenda
EXHIBIT “C”
-6-
“Owner”

SILVERROCK PHASE I, LLC,
a Delaware limited liability company
By: The Robert Green Company,
a California corporation
Its: Manager
Date:________________, 2023 By:_________________________________ Name: Robert S. Green, Jr.

Its: President and Chief Executive Officer
107 CLICK HERE to Return to Agenda
EXHIBIT “C”
-7-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Riverside )
On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
108 CLICK HERE to Return to Agenda
EXHIBIT “C”
-8-
EXHIBIT NO. 1

LEGAL DESCRIPTION OF SITE
Those portions of Sections 5, 6 and 8 Township 6 South, Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, described as follows:

Parcels 3 and 4 of Parcel Map 37207 per map filed in Book 242, Pages 72 through 87 inclusive, of Parcel Maps, in the office of the County Recorder of Riverside County, State of California.
109 CLICK HERE to Return to Agenda
EXHIBIT “D”
-1-

EXHIBIT D

LIFESTYLE HOTEL TOT SECOND AMENDMENT
[attached]
110 CLICK HERE to Return to Agenda
EXHIBIT “D”
-2-

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
[SPACE ABOVE FOR RECORDER.]
EXEMPT FROM RECORDER’S FEE PER GOV. CODE §27383
AMENDMENT NO. 2 to

AGREEMENT CONTAINING COVENANTS, CONDITIONS, AND RESTRICTIONS

AFFECTING REAL PROPERTY
(Lifestyle Hotel)
This AMENDMENT NO. 2 to AGREEMENT CONTAINING COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING REAL PROPERTY (Lifestyle Hotel) (referred to herein as the “Lifestyle Hotel TOT Covenant Second Amendment” or “Covenant Second Amendment”) is entered into as of this ____ day of ____________, 2023 (“Covenant Second Amendment Effective Date”), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city (“City”), and SILVERROCK PHASE I, LLC, a Delaware limited liability company (“Owner”) (individually a “Party” and collectively the “Parties”).

RECITALS
A. Pursuant to that certain Agreement to Share Transient Occupancy Tax Revenue (Lifestyle Hotel) dated on or about November 28, 2018 (“Lifestyle Hotel TOT Sharing Agreement”) by and between City and Owner (defined therein as “Participant”), Owner, among other things, was required to enter into a “Hotel Management Agreement” with a City-approved “Hotel Manager” (as defined in the Lifestyle Hotel TOT Sharing Agreement) for continuous operation as the Lifestyle Hotel, and in exchange the City would make periodic payments to the Owner (as Participant) in specified amounts based on amounts of TOT collected from the “Lifestyle Hotel,” as set forth in that certain Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Lifestyle Hotel), dated November 28, 2018 and recorded in on even date as Instrument No. 2018-0464678, as amended by that certain Amendment No. 1 to Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property (Lifestyle Hotel) recorded on October 13, 2021, as Instrument No. 2021-0606083 (collectively, the “Lifestyle Hotel TOT Covenant Agreement”). That certain real property subject to the Lifestyle Hotel TOT Covenant Agreement is located in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit No. 1 and incorporated herein by this reference (the “Site”).

B. City agreed to sell to Owner (or Owner’s affiliated predecessor-in-interest) the Site pursuant to that certain Purchase, Sale, and Development Agreement dated November 19, 2014 (“Original PSDA”), as amended by Amendment No. 1 to Purchase, Sale, and Development Agreement dated October 29, 2015 (“Amendment No. 1”), 111 CLICK HERE to Return to Agenda
EXHIBIT “D”
-3-
Amendment No. 2 to Purchase, Sale, and Development Agreement dated April 18, 2017 (“Amendment No. 2”), Amendment No. 3 to Purchase, Sale, and Development Agreement dated November, 28, 2018 (“Amendment No. 3”), Amendment No. 4 to Purchase, Sale and Development Agreement dated October 12, 2021 (“Amendment No. 4”) and Amendment No. 5 to Purchase, Sale and Development Agreement dated October __, 2023 (“Amendment No. 5”) and collectively and as may be further amended, the “PSDA”). The PSDA sets forth the terms and conditions for City to sell to Owner the Site and certain adjacent real property (collectively, the “Development Property”), and for Owner to thereafter develop and operate on the Development Property a commercial project containing hotels and associated amenities, branded residential units, a mixed use village, and a resort residential village (the “Development Project”).

C. Pursuant to the PSDA, Owner has agreed to develop on the Site a portion of the Development Project consisting of the hotel defined in the PSDA as the Lifestyle Hotel (the “Hotel”).

E. Owner is required to enter into and authorize for recording this Lifestyle Hotel TOT Covenant Second Amendment as part of the City’s consideration for entering into Amendment No. 5, which, among other terms and conditions, modified the term during which rebate payments by City to Owner would be made if Owner fails to complete the Hotel by the outside completion date for the same set forth in Amendment No. 5.

7. DEFINED TERMS. Except as expressly defined in this Covenant Second Amendment, all capitalized words and terms shall have the same meaning ascribed to them in the Lifestyle Hotel TOT Covenant Agreement.

8. MODIFICATION TO TERMINATION DATE. The definition of Termination Date set forth in Section 1 of the Lifestyle Hotel TOT Covenant Agreement is hereby deleted and replaced with the following:
“The term “Termination Date” shall mean the date that is the earlier of (i) the fifteenth (15th) anniversary of the Commencement Date less, if applicable, the number of days between the outside completion date for the Lifestyle Hotel under the Amendment No. 5 Revised Schedule of Performance and, if later, the date upon which Developer 112 CLICK HERE to Return to Agenda
EXHIBIT “D”
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receives a temporary or permanent certificate of occupancy for the Lifestyle Hotel allowing the Lifestyle Hotel to be opened for business; or (ii) the date upon which this Covenant Agreement is terminated pursuant to Section 5.2 or Section 5.3.”

9. RECORDING OF THIS COVENANT SECOND AMENDMENT. Developer shall record or cause to be recorded in the Recorder’s Office this Covenant Second Amendment prior to or concurrently with the closing of the Revised Capitalization (as defined and as set forth in Amendment No. 4 to the PSDA).

10. COOPERATION OF THE PARTIES. Developer and City shall cooperate to execute (and record, if applicable) any other documents or amendments (including but not limited to amendments to the Lifestyle Hotel TOT Sharing Agreement) if necessary or convenient to memorialize the terms and conditions in Section 8.2 of Amendment No. 4 to the PSDA relating to the adjusted percentages to be applied to the Lifestyle Hotel TOT Covenant Agreement.

11. REMAINING PROVISIONS IN FULL FORCE AND EFFECT. Except as modified by this Covenant Second Amendment, the terms and conditions set forth the Lifestyle Hotel TOT Covenant Agreement shall remain in full force and effect.

12. COUNTERPARTS. This Covenant Second Amendment may be executed in counterparts, each of which, when this Covenant Second Amendment has been signed by all of the parties hereto, shall be deemed an original, and each such counterpart shall constitute one and the same instrument.
[signatures on next page]
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EXHIBIT “D”
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IN WITNESS WHEREOF, the Parties have executed this Covenant Second Amendment to be effective as of the Covenant Second Amendment Effective Date. “CITY”
CITY OF LA QUINTA, a California municipal
corporation and charter city
Date:________________, 2023 By:_______________________________ Jon McMillen, City Manager
ATTEST:

By:_____________________________
Monika Radeva, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
_______________________________
William H. Ihrke, City Attorney
[continued on next page]
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EXHIBIT “D”
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“Owner”

Its: President and Chief Executive Officer
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EXHIBIT “D”
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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EXHIBIT “D”
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EXHIBIT NO. 1

Parcel 7 of Parcel Map 37207 per map filed in Book 242, Pages 72 through 87 inclusive, of Parcel Maps, in the office of the County Recorder of Riverside County, State of California.
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City of La Quinta
CITY COUNCIL MEETING: October 17, 2023

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH

CARAHSOFT TECHNOLOGY CORPORATION FOR THE PURCHASE AND

IMPLEMENTATION OF ZOOM CLOUD PHONE SYSTEM AND RELATED SOFTWARE

RECOMMENDATION
Approve Agreement for Contract Services with Carahsoft Technology Corporation for the purchase and implementation of Zoom Cloud Phone System and related software for a total not to exceed amount of $164,454 for a four-year term; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• The City’s existing Mitel phone system (Mitel) has become a legacy system that does not provide a user-friendly experience for residents or staff based on feedback, including critical items such as dropped calls, hardware issues and backend phone software management issues.
• As the existing phone system’s contract is coming to an end, staff has researched a solution that will address limited telephone system functionality by upgrading to a State approved vendor through the National Association of State Procurement Officials (NASPO)’s Government purchasing program.
• After extensive review of phone systems and service providers, the City recommends Zoom Cloud Phone System (Zoom) through Carahsoft Technology Corporation (Carahsoft).

FISCAL IMPACT
The not to exceed amount is $164,454 over the life of the contract (a four-year term) starting from date of full execution. The initial implementation cost is $6,600. Zoom is providing a one-time promotional signing credit of $25,003 for year one of the Software costs. Annual cost of the software is estimated to be $35,800. As the existing hardware will not be compatible with this new phone system, a contingency budget of $27,125 is budgeted to address new equipment and miscellaneous contract needs during the life of this contract.

BUSINESS SESSION ITEM NO. 2
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A breakdown of costs and the expenditure schedule is as follows:

Contract Services Agreement One-Time Fees
Annually
Recurring
Fees
Contingency
Budget
Zoom Phone Implementation $6,600 N/A N/A
135 Licenses - Zoom One
Business Plus (300 Meeting
Capacity, Unlimited Whiteboard,
Zoom Phone Pro, Zoom AI
Companion, misc.)
N/A $32,400 N/A
Promotional Credit for Software
Year One (-$25,003) N/A N/A
Webinar 1000 Annual N/A $3,400 N/A
Contingency Budget (Equipment
and Miscellaneous Contract
Needs)
N/A N/A $27,125
Estimated Annual Contract Costs
Year One Total $20,530
Year Two Total $38,933
Year Three Total $38,933
Year Four Total $38,933
Contingency $27,125
Contract Total $164,454
Estimated Budget Expenditure Schedule
Fiscal Year Account No. Expenditure
FY 2023/2024 502-0000-60301 (Software Licenses)
502-0000-71049 (Implementation)
$13,930
$6,600
FY 2024/2025 502-0000-60301 $38,933
FY 2025/2026 502-0000-60301 $38,933
FY 2026/2027 502-0000-60301 $38,933
FY 2023 - 2027 502-0000-80100 (Equipment) $27,125
Total $164,454
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BACKGROUND/ANALYSIS
In 2018, the City conducted a Request for Proposals (RFP) and implemented the Mitel phone system and voicemail platform by Intelesys. This system works through Voice over Internet Protocol (VoIP) and serves all City facilities with physical desk phones. The existing Mitel phone system has reached a point in its lifecycle where license expansion is becoming too costly, there is limited telework functionality, hardware support is no longer available, and the system has reached the end of support by Intelesys.

To address these limitations, identify a solution to the aforementioned issues described by residents and staff, and ensure a robust and secure communication platform moving forward, staff conducted research of phone systems that will provide a more stable environment. After review and discussion, staff recommends a four-year agreement to switch the City’s phone system to Zoom Cloud Phone System. A one-time credit will apply in year one of the agreement in the amount of $25,003 (Attachment 1). Carahsoft, a reseller of Zoom, is an approved vendor through the Government purchasing program, NASPO (Attachment 2), and will allow the City to bundle the proposed Zoom phone system with the City’s existing annual Zoom meetings and webinar subscription. This cloud phone system will accommodate growth, enhanced remote access, eliminate the need for physical hardware through softphone integration with all computer workstations, and provide stability during times of critical need by having a redundancy policy in place that allows seamless transition between the internet and cellular signal to maintain phone system connectivity.

Implementation of the phone system during year one will cost $6,600, and result in installation of Zoom Softphones on all workstations, allowing staff to remain mobile in the event of meetings, conferences, remote work, and handoffs to other staff. Hardware needs will be assessed during this implementation process, with proposed desk phones, where necessary, to be purchased and setup for critical areas such as the City’s concierge desk. The City will be the first amongst the Coachella Valley cities to implement Zoom Cloud Phone System, with nearby agencies of City of Perris and County of Imperial also currently working to implement Zoom Cloud Phone Systems.

An annual cost comparison of the City’s current Mitel phone system and Zoom Cloud Phone System shows an annual cost savings of $1,201 for the new phone service.

Mitel (Existing) $33,601
Zoom (Proposed) $32,400
Cost Savings Annually $1,201
Also, the City will achieve additional economies of scale, as implementing the Zoom Cloud phone system will allow the City to bundle its existing contract with Zoom for virtual meetings and webinars software, at current costs of $899/month, for an annual total of $10,788, and no longer incur this annual expense as these services are included in the proposed agreement.
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Further, the functionality of Zoom’s Cloud Phone System is superior to the City’s existing Mitel phone system:

Zoom Mitel
 Internet and Cellular Data
Redundancy/Transition
 At the mercy of phone outages as
seen during Tropical Storm Hilary
and other Phone Provider Outages
 Softphone Functionality  Hardware Limited, Softphone Software Tested and Not Sufficient
 Chat Function, Document Function,
Whiteboard Collaboration  None of these features
 Video Meeting Function  Not Available
The City will retain the existing Webinar 1000 service for all Council and Commission Meetings as part of this contract.

ALTERNATIVES
Council may elect to not pursue this contract, and direct Staff to return with alternative opportunities.

Prepared by: Doug Kinley, Management Analyst
Approved by: Gilbert Villalpando, Director
Attachments: 1. Zoom Cloud Phone System Contract Services Agreement

2. State of California Participating Addendum No. 7-17-70-40-05:

Utah NASPO ValuePoint Master Agreement No. AR2472
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Carahsoft Technology Corporation, a Virginia S-Corporation and IT Solutions Provider with a place of business at 11493 Sunset Hills Road, Reston, VA 20190 (“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 Cloud Meeting and Phone System Software, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

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

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

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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, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 124 CLICK HERE to Return to Agenda
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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 Sixty Four Thousand Four Hundred Fifty Four Dollars ($164,454), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.
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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 October 31, 2023, and terminate on October 31, 2027 (“Initial Term”). This 126 CLICK HERE to Return to Agenda
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Agreement may be extended for three additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Zoom Team at Carahsoft Technology Corporation
11493 Sunset Hills Road, Ste 100
Reston, VA 20190
ATTN: Billy Turk
[email protected]
571-662-3323
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: City Manager’s Office (IT)
[email protected]
760-777-7000
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as the City Manager’s Office Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with 127 CLICK HERE to Return to Agenda
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any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, 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 128 CLICK HERE to Return to Agenda
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Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

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

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 129 CLICK HERE to Return to Agenda
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Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and 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 130 CLICK HERE to Return to Agenda
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provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

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

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

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

7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement 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. 131 CLICK HERE to Return to Agenda
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8. ENFORCEMENT OF AGREEMENT.

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

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

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the 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. 132 CLICK HERE to Return to Agenda
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8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party.

Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

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

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

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

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.
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To City:

CITY OF LA QUINTA
Attention: City Manager’s Office
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

CARAHSOFT TECHNOLOGY

CORPORATION
Attention: Zoom Team – Billy Turk
11493 Sunset Hills Road, Suite 100
Reston, Virginia 20190

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 135 CLICK HERE to Return to Agenda
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Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.

10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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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:

CARAHSOFT TECHNOLOGY
CORPORATION, a Virginia SCorporation
By:

Name:

Title:

Date:

ATTEST:

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

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

Page 1 of 1 ends

Exhibit A
Scope of Services

1. Carahsoft Professional Services – Partner Statement of Work for Zoom Phone Deployment Services
[See Attached]
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Partner Statement of Work for Zoom Phone Deployment Services This Partner Statement of Work for Professional Services (“SOW”) between City of La Quinta and Carahsoft (“Partner”) is effective on the date of the latest signature on this SOW (“Effective Date”) and is governed by the governed by the applicable Zoom Partner Professional Services Schedule found at https://mypartnerportal.zoom.us/playbooks/partner-professional-services-terms/ (any contracts, terms, policies, guides, or documents referenced or incorporated therein) (unless Partner and Zoom have otherwise entered a written agreement for Professional Services, in which case such written agreement will govern) (“Partner Agreement”). Any capitalized terms used but not defined herein shall have the meaning ascribed to them in the Partner Agreement.

Flow Down Terms. Exhibit 2 (Project Scope of Work) to this SOW describesthe Professional Services being purchased by Partner. Partner shall (or, if applicable, shall cause its Indirect Reseller/Affiliate to) incorporate Exhibit 2 and any appendices attached thereto verbatim, as well as all flow down terms and conditions required in the Partner Agreement, into (1) the Customer Agreement that Partner (or if applicable, its Indirect Reseller/Affiliate) enters into with Customer; and/or (2) the Company Orders that Partner (or if applicable, its Indirect Reseller/Affiliate) enters into with the Customer, for the resale of Professional Services.

Project Scope Acknowledgement. This SOW describes the objectives, Deliverables, locations, Professional Service Fees, and other components that are included in this Project. Partner acknowledges that the delivery, installation, testing, and payment for the Professional Services rendered under this SOW for any specific location is not dependent on the delivery, installation, testing, and payment for the Professional Services for any other location or location(s).

Carahsoft
11493 Sunset Hills Rd
Reston, VA 20190
USA
Contact: Zak Kennedy
Phone: (703) 230-7430
Email: [email protected]
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
USA
Contact: Gilbert Villalpando
Phone: 760-777-7046
Email: [email protected]
SOW Generated/ Revised: July 18, 2023 (valid 30 days from the generation date) SOW Number: PSO-027648
Zoom List Price: $7,125
Total Professional Service Fees: $6,600
Currency: USD
Zoom Account Executive: Elliott Simpson
Zoom Phone PSO Rep: Michael Cisneros
Bill To: Delivered To:

EXHIBIT A ITEM NO. 1 - Professional Services 139 CLICK HERE to Return to Agenda Professional Services
Master Standard Doc: Rev 1.0 © Zoom Video Communications, Inc. 2022 Page 2 of 9 Agreement
This SOW is entered into as of the Effective Date specified above between City of La Quinta. and Carahsoft.

City of La Quinta Partner
By: By:

Name: Name:

Title: Title:

Date: Date:

PO Number (if applicable):

Exhibit 1
Professional Service Fees
Service Description Pricing
Zoom PS
Remote Zoom Professional Services Organization:

Assessment, Design, Project Management, and
Deployment. Locations and deployment type as
$6,270
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Professional Services
Master Standard Doc: Rev 1.0 © Zoom Video Communications, Inc. 2022 Page 3 of 9 indicated in Section 1 (Service Scope and Locations) of the Project Scope of Work (Exhibit 2).

Total Remote Services: $6,600
Standard Work Hours. Unless otherwise specified, pricing is based on the Professional Services being provided during Standard Service Hours.

Invoicing Schedule. Invoices will be issued as follows:

1. 30% of the total value of this Statement of Work as identified in this Exhibit 1 shall be invoiced upon completion of company and location(s) preliminary discovery, design, and planning in the mutually agreed upon Project plan as identified in Section 2.2 in Exhibit 2 (Project Scope of Work). An email notification will be sent to the Partner and the Customer at the completion of such phase.

2. Remaining Statement of Work value shall be invoiced upon the completion for each location based on the number of Zoom licenses, devices, users, and features (e.g. paging, BYOC, BYOP, etc.) deployed at each location or location. An email notification will be sent to the Partner and the Customer at the completion of each location or group of locations.

Exhibit 2
Project Scope of Work
Customer is purchasing Zoom Professional Services through a non-Zoom entity authorized by Zoom to resell certain Professional Services, and from/through which Customer orders the Professional Services (the “Reseller”).

Scope Completion Criteria
Project Scope Each location, function, and
feature as identified in Section 1
(Service Scope and Locations).

Completion of all Professional
Services described in this Project
Scope of Work, for each location
identified.

Any Special Terms & Notes set forth below shall take precedence over any conflicting terms contained in the Partner Agreement or Reseller Customer PS Terms, as applicable.

Locations are limited to those identified within Section 1 (Service Scope and Locations) of this Project Scope of Work (Exhibit 2).

Refer to Section 1 (Service Scope and Locations) of the Project Scope of Work (Exhibit 2) for the number of units included by each location or group of Locations.

Special Terms and Notes
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Professional Services
Master Standard Doc: Rev 1.0 © Zoom Video Communications, Inc. 2022 Page 4 of 9

1. Service Scope and Locations
Zoom will perform the tasks listed in this Project Scope of Work remotely, for the following Zoom Phone user/license count(s), features, functions, and/or locations:

Standard Service Scope:

Locations:

Qty Country
Default
Deployment
Type
Qty
Native
Qty
BYOC
Qty
Direct
Connect
Qty
Carrier
Peering
# sites 1-
25 users
# sites 26-
50 users
# sites 50+
users
5 United
States Native 5 0 0 0 3 1 1
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Master Standard Doc: Rev 1.0 © Zoom Video Communications, Inc. 2022 Page 5 of 9

2. General

2.1. Selection and assignment of a designated TPM and Zoom Project Engineer (“PE”) by Zoom.

2.2. Project Management

2.2.1. The TPM will be responsible for the following activities in connection with this Project Scope of Work:

2.2.2. Alignment of Project goals and scope with Customer expectations during Project initiation/ kick-off;

2.2.3. Internal and external Project kick-off sessions;

2.2.4. Creation and management of Project governance, including but not limited to:

2.2.4.1. Mutually agreed upon Master Project plan and schedule;

2.2.4.2. Roll Out Communication plan, Project resource requirements, escalation process, change control, and test plan;

2.2.4.3. Project Action and risk register;

2.3. Completion of resource assignments and scheduling in alignment with the master Project schedule;

2.4. Management of Project documentation;

2.5. Management of Project timelines in alignment and via consensus with the Customer designated internal Project manager or single point of contact;

2.6. Identification, communication, and mitigation of Project risks and issues;

2.7. Development, review, authoring, implementation, and managing any mutually agreed upon interventions to achieve Project outputs;

2.8. Facilitating and leading regular status update meetings, organize planning sessions and Customer steering committees, as applicable;

2.9. Completing scoped migration and go live support; and

2.10. Performing closure procedures at the conclusion of Project activities.

3. Zoom Phone Discovery

3.1. The TPM and/or PE will partner with the Customer to schedule high-level Discovery session(s) with Customer’s point of contact(s). The location(s) and number of users involved in the Discovery process are set forth in Section 1 (Service Scope and Locations) of this Project Scope of Work. The Zoom Project Team will work with the Customer to complete the preliminary Discovery document(s).

3.2. Preliminary Discovery

3.2.1. Customer’s implementation strategy;

3.2.2. Identify Customer Project team members and responsibilities;

3.2.3. Identify and document all locations and addresses to be deployed;

3.2.4. Develop high-level Project timeline for location deployments and cut-overs;

3.2.5. Document risk-factors that may impact cut-over schedule;

3.2.6. Document Zoom Portal company settings and standards;

3.3. Location-specific Discovery (as applicable to the custom services being provided)

3.3.1. User and Device Information;

3.3.2. Porting data/information (Direct Inward Dial [“DID”] and Toll Free Numbers);

3.3.3. Call flow(s);

3.3.4. Dial plan requirements (as needed);

3.3.5. Premise Peering (PSTN/PBX) Requirements;

3.3.6. Zoom Phone SSO if required

3.3.7. Roles and Permissions;

3.4. Zoom Phone Readiness Review

3.4.1. Zoom Phone Readiness Review will be conducted for each location/location(s) identified in Section 1(Service Scope and Locations) of this Project Scope of Work to include:

3.4.1.1. Wired Network test results

3.4.1.2. Wireless Network test results
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3.4.2. The Zoom Phone Readiness review shall contain statistics and metrics on the Customer’s current network environment to ensure Customer’s network is configured for optimal Zoom performance.

3.4.3. PE will provide recommendations, as needed, to resolve network connectivity issues.

3.4.4. Additional network reviews or consultations are available to the Customer via a separate, executed Project Scope of Work.

3.5. Go-Live Readinessrequirements.

3.6. All Discovery documents, Preliminary and Location-Specific, are reviewed and approved by Customer and Zoom Project Team prior to moving to deployment.

3.7. Delay in completing and returning any Zoom requested documentation may result in an adjustment of the Project timeline.

4. Data Requirements and Preparation

4.1. Zoom will provide the Customer templates for collecting required data for implementation. Items which may be identified and documented are the following:

4.1.1. User List.

4.1.2. Location information.

4.1.3. Direct Inward Dial (DID) Phone numbers.

4.1.4. Current extensions.

4.1.5. Desktop Phone information.

4.1.6. Call Queues (hunt groups) including call distribution methodology (simultaneousring, sequential ring, rotating ring, etc.).

4.1.7. IVR/Auto Receptionist.

4.1.8. Multi-line appearance (typically used by Administrative Assistants).

4.1.9. Additional items as specified in Section 1 (Service Scope and Locations) of this Project Scope of Work:

4.1.9.1. Required information for configuring the Zoom’s BYOC Trunk Group in the event that Premise Peering PSTN (a.k.a. Bring Your Own Carrier, “BYOC”);

4.1.9.2. Zoom certified analog gateway (“ATA”) devices;

4.1.9.3. Zoom certified paging systems;

4.1.9.4. Premise peering;

4.2. Customer will provide the required information utilizing the Zoom provided templates with the data requested above to Zoom.

4.3. Zoom will enter and configure the data provided into the Zoom Phone System.

5. Zoom Deployment Services

5.1. Zoom Professional Services typically performs all services remotely. Remote delivery/deployment services include:

5.1.1. Creation of:

5.1.1.1. Location information;

5.1.1.2. Auto-receptionists;

5.1.1.3. Queues;

5.1.1.4. Call flow(s);

5.1.1.5. User creation and provisioning;

5.1.1.6. Perform Network Readiness Review per Project Plan Schedule;

5.1.2. Porting of DID numbers identified and documented in the Location Discovery exercise.

5.1.3. Configuration of Zoom supported desktop phones in Zoom Portal;

5.1.4. Recommendations for handset placement and testing;

5.1.5. Provisioning of Zoom certified desktop phones via the Zoom Portal;

5.1.6. Coordination of end-user training sessions delivered by Zoom Customer Success Manager;

5.1.7. Perform coordinated testing with the Customer;
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5.1.8. Provide Customer with basic template for Customer-specific testing plan;

5.2. Alpha testing;

5.3. Guidance and standard template(s) for Customer-conducted beta testing;

5.4. Cut-over preparation.

5.5. Hypercare which provides port-implementation support for a period of ten (10 Business says.

5.5.1. Non-implementation-related support will be provided by Zoom Technical Support in accordance with the level of support the Customer is entitled to receive;

5.6. Document open issues and enhancement requests in a Project log.

5.7. Perform formal Project closure processes.

5.8. Transition the Customer from deployment to sustaining services (e.g. Zoom Technical Support and Customer Success Manager services).

5.9. The following services below will be performed if indicated in Section 1 (Service Scope and Locations) of the Project Scope of Work:

5.9.1. Premise Peering PSTN (BYOC) as identified in Section 1 (Service Scope and Locations) of this Project Scope of Work.

5.9.1.1. Connect to existing carrier;

5.9.1.2. Provide the Customer with specifications required for a BYOC connection;

5.9.1.3. Complete Zoom portal configuration once SBC device(s) are installed and configured by the Customer on their network;

5.9.1.4. Zoom complete the provisioning of the SIP trunk between Zoom and the Customer’s SBCs or through the Carrier Exchange (Carrier Peering);

5.9.1.5. Coordinated testing between Zoom and the Customer to verify that the trunk is established;

5.9.1.6. Provide cut-over support.

5.9.2. Premise Peering PBX (BYOP) as identified in Section 1 (Service Scope and Locations) of this Project Scope of Work.

5.9.2.1. Provide the Customer with specifications required for a Premise Peering PBX connection;

5.9.2.2. Complete Zoom Portal configuration once SBC device is installed and configured by the Customer on their network;

5.9.2.3. Zoom will complete the provisioning of the SIP trunk between Zoom and the Customer’s SBC(s);

5.9.2.4. Provide cut-over support.

5.9.3. Analog Telephone Adapter/Gateway as identified in Section 1 (Service Scope and Locations) of this Project Scope of Work.

5.9.3.1. Complete Zoom Portal configuration once the Adapter/Gateway is installed and configured by the Customer;

5.9.3.2. Coordinate testing between Zoom and the Customer;

5.9.3.3. Provide cut-over support.

5.9.4. Paging as identified in Section 1 (Service Scope and Locations) of this Project Scope of Work.

5.9.4.1. Complete Zoom Portal configuration of Zoom-supported paging devices once devices are installed and configured by the Customer;

5.9.4.2. Coordinated testing between Zoom and the Customer

5.9.4.3. Provide cut-over support.

5.9.5. Zoom Phone Local Survivability (ZPLS)

5.9.5.1. Provide the Customer with specifications required for a ZPLS;

5.9.5.2. Register Zoom Node to Zoom Cloud;

5.9.5.3. Perform configuration for local survivability within the Zoom Admin Portal;

5.9.5.4. Perform initial alpha testing;

5.9.5.5. Provide cut-over assistance.

6. Standard Remote Service Hours
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Master Standard Doc: Rev 1.0 © Zoom Video Communications, Inc. 2022 Page 8 of 9

6.1. Unless otherwise specified, Zoom performs the Professional Services during Standard Service Hours.

7. Customer Responsibilities and Project Scope of Work Exclusions

7.1. The Customer is responsible for all aspects not specifically included in this Project Scope of Work. Out of scope and Customer Responsibility items include, without limitation:

7.1.1. Install, provision, configure, and ensure users are proficient on the Zoom Meeting client.

7.1.2. Purchase required Zoom Phone licenses and Calling Plan(s).

7.1.3. Provide all necessary information and data for DID porting and deployment, including but not limited to:

7.1.3.1. Listing of all users with usernames, email addresses, DID’s, Extensions, and location, all pages of all current applicable phone bills for all locations requiring porting services, procure Customer Service Reports (“CSR”) from existing carrier(s) for all locations and accounts requiring porting services, service addresses and Authorized Contacts for each phone bill/ carrier account; and BTN for each phone bill/ carrier account.

7.1.4. Customer shall use Zoom-provided templates for all data compilation exercises.

7.1.5. Customer understands and agrees that they are responsible for gathering and assembling all data from any legacy systems.

7.2. Order and procure desktop phones, headsets, and conference room audio devices as required, and other equipment.

7.3. LAN/WAN infrastructure:

7.3.1. Network requirements for Zoom products as identified on the Zoom support website and/or network modifications as recommended by Zoom PSO.

7.4. Configuration and software installation on customer PCs.

7.5. Customizations on individual User endpoints, or phone settings.

7.6. Phones or devices being deployed by Customer that are not defined on Zoom’s Supported Device Listing on Zoom’s support website at: https://support.zoom.us/hc/en-us/articles/360001299063-CertifiedZoom-Phone-devicesHeadsets.

7.7. Customer-side premise trunk configuration, diagnostics, and/or troubleshooting.

7.8. Customer mobile device configuration, diagnostics, and/or troubleshooting.

7.9. Post-Deployment End-user support.

7.10. Post-Deployment Moves, Adds, and Change activities (MACD).

7.11.Unless otherwise specified, Customer is responsible for:

7.11.1. Third Party software and/or hardware integration configuration, decommissioning, and/or troubleshooting, including but not limited to other telephony systems, network equipment, and software applications. Configuration, deployment, support, and troubleshooting of any desk phones, devices, headsets, and equipment that are not supported by Zoom Phone.

7.12.New or existing SBC installation, configuration

7.13.New or existing installation and configuration of Analog Gateways and analog devices (e.g. fax, doorbells, paging, emergency phones, etc.)

7.14. Development of customized user guides, documentation, references, training materials, etc.

7.15. Customer to provide all pre-recorded greetings and prompts.

7.16. Cross-location coordination and gathering of required information.

8. Customer’s Telephone Number Porting

8.1. The Customer is responsible for authorizing the telephone number porting by Zoom via the approval and signature of the standard Zoom Letter of Authority (“LOA”). Zoom shall provide guidance on porting data collection and shall assist with submission of porting request(s). This effort pertains to those locations identified in Section 1 (Service Scope and Locations). The parties acknowledge and agree that Zoom is not responsible for and does not control the portability of any individual number or group of numbers, and 146 CLICK HERE to Return to Agenda
Professional Services
Master Standard Doc: Rev 1.0 © Zoom Video Communications, Inc. 2022 Page 9 of 9 the Professional Services completion shall not be withheld by Customer for any delays arising from or relating to the porting of the numbers.

8.2. Customer agrees to the porting process and timelines as detailed in the Zoom Support Article: Common Issues and Questions for Porting at https://support.zoom.us/hc/en-us/articles/360036099112-Commonissues-and-questions-for-porting .

8.3. Notwithstanding paragraph 8.1 above, the Zoom Project Team and Customer will jointly own the porting responsibility by performing the following tasks for each location together:

8.3.1. The TPM shall manage initial submission of port requests and any subsequent LOA modifications and submissions.

8.3.2. Customer shall endorse all appropriate LOAs as requested by Zoom using the then current LOA form provided to Customer by Zoom

8.3.3. Customer shall provide to Zoom as requested:

8.3.3.1. All pages of all recent phone bills for those locations requiring the porting of DID’s.

8.3.3.2. Customer Service Reports and/or Requests for Information from current carriers and authorized signer for each location.

8.3.3.3. Porting submissions will include numbers mapped to correct location as “company” numbers or Direct Dial phone numbers.
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Exhibit B

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La Quinta City CouncilOctober 17, 2023

La Quinta City Council
October 17, 2023