Agenda packet — La Quinta City Council, November 21, 2023 (part 1 of 3)

CITY COUNCIL AGENDA Page 1 of 8 NOVEMBER 21, 2023

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, NOVEMBER 21, 2023
3:30 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 EXPOSURE 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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 ADDED PRESENTATION NO. 4
– SUNLINE TRANSIT AGENCY
2023 STUDENT ART CONTEST
CITY COUNCIL AGENDA Page 2 of 8 NOVEMBER 21, 2023

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS PAGE

1. APPROVE CITY COUNCIL MEETING MINUTES OF NOVEMBER 7, 2023 9

2. ADOPT ORDINANCE NO. 606 ON SECOND READING AMENDING VARIOUS SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE FOR ZONING

CODE LANGUAGE CLEAN UP AND CHANGES TO GAME COURT, FLAGPOLE, AND ACCESSORY DWELLING UNIT REGULATIONS; PROJECT: ZONING ORDINANCE AMENDMENT 2023-1000; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) COMMON SENSE EXEMPTION; LOCATION: CITYWIDE [ORDINANCE NO. 606] 21 3. EXCUSE ABSENCE OF CHAIRPERSON NIETO FROM THE NOVEMBER 14, 2023, PLANNING COMMISSION MEETING
39 4. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER AND

MARKETING SPECIALIST TO ATTEND ETOURISM SUMMIT IN LAS VEGAS, NEVADA, APRIL 1-5, 2024
41 5. AUTHORIZE OVERNIGHT TRAVEL FOR TWO PLANNING COMMISSIONERS

AND ONE PLANNING STAFF MEMBER TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONERS’ ACADEMY IN LONG BEACH, CALIFORNIA, MARCH 6-8, 2024
43 CLICK HERE to Return to Agenda

1. VISIT GREATER PALM SPRINGS – CHAMPIONS OF HOSPITALITY 2023 – SPIRIT OF TOURISM AWARD RECIPIENTS’ RECOGNITION

2. INTRODUCE RIVERSIDE COUNTY SHERIFF DEPARTMENT LIEUTENANT

FRANCISCO VELASCO, SEARGENT MARK CHLARSON, AND MOTOR

OFFICERS ERNEST TELLES AND ISAAC RAMIREZ

3. INTRODUCE RIVERSIDE COUNTY FIRE DEPARTMENT FIRE MARSHAL

SUPERVISOR CHRIS COX AND MARSHAL SPECIALIST LUCERO INEGUEZ Added Presentation >>>

4. SUNLINE TRANSIT AGENCY 2023 STUDENT ART CONTEST

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

CITY COUNCIL AGENDA Page 3 of 8 NOVEMBER 21, 2023
45 47
51 69

6. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND PERMIT TECHNICIAN TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2024 CONFERENCE IN LAS VEGAS, NEVADA, APRIL 22-25, 2024

7. ACCEPT THE LA QUINTA PARK SPLASH PAD PROJECT NO. 2022-19,

LOCATED AT THE NORTHEAST CORNER OF ADAMS STREET AND

BLACKHAWK WAY

8. APPROVE LEASE AND USE AGREEMENT WITH OLD TOWN LA QUINTA, LLC

FOR THE IMPROVEMENT AND USE OF A PORTION OF A VACANT PARCEL FOR ADDITIONAL OLD TOWN LA QUINTA PARKING; ASSESSOR PARCEL NUMBER 773-076-018; CEQA: EXEMPT UNDER SECTION 15061 (b)(3)

COMMON SENSE EXEMPTION

9. APPROPRIATE FUNDING AND APPROVE AGREEMENTS FOR CONTRACT

SERVICES WITH GRANITE CONSTRUCTION COMPANY FOR SEVERAL
EMERGENCY ROAD REPAIRS THROUGHOUT THE CITY, PROJECT NO. 2023-20

10. APPROVE DEMAND REGISTERS DATED NOVEMBER 3 AND NOVEMBER 10, 2023
169

BUSINESS SESSION
PAGE

1. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING SUBSECTION

3.25.070(S) TO CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE

RELATED TO SHORT-TERM VACATION RENTALS TO ESTABLISH THAT APARTMENTS ARE NOT ELIGIBLE TO APPLY FOR OR OBTAIN A SHORTTERM VACATION RENTAL PERMIT [ORDINANCE NO. 608] 183
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing.

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CITY COUNCIL AGENDA Page 4 of 8 NOVEMBER 21, 2023

PAGE

1. ADOPT RESOLUTION TO APPROVE THE CITY’S COMMUNITY

DEVELOPMENT PRIORITIES, AUTHORIZE THE CITY MANAGER TO SUBMIT

APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT

AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND EXECUTE SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2024/25 [RESOLUTION NO. 2023-037]
189

2. CONTINUED FROM NOVEMBER 7, 2023: ADOPT RESOLUTIONS TO ADOPT

A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 252-UNIT APARTMENT PROJECT, LA QUINTA VILLAGE
APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT

PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION:

NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50
[RESOLUTION NOS. 2023-038 AND 2023-039]
*Specific Plan 2022-0001 and Site Development Permit 2022-0001 would be conditioned upon and subject to approval by the California Department of Housing and Community Development (HCD) of General Plan 2022-0002, a Housing Element Amendment subject to HCD certification pursuant to state Planning and Zoning Law (Gov. Code, § 65000 et seq.) 197

STUDY SESSION
PAGE

1. DISCUSS EXPANDING THE MEMBERSHIP AND RENAMING THE

COMMUNITY SERVICES COMMISSION TO COMMUNITY SERVICES AND

ARTS COMMISSION
431

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC SAFETY

8. PUBLIC WORKS – QUARTERLY REPORT – JULY-SEPTEMBER 2023 433 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)
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CITY COUNCIL AGENDA Page 5 of 8 NOVEMBER 21, 2023

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 SPECIAL MEETING MINUTES OF OCTOBER 4, 2023
443

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on December 5, 2023, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on November 17, 2023.

DATED: November 17, 2023
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CITY COUNCIL AGENDA Page 6 of 8 NOVEMBER 21, 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.

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.

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CITY COUNCIL AGENDA Page 7 of 8 NOVEMBER 21, 2023

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.
*** 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.

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CITY COUNCIL AGENDA Page 8 of 8 NOVEMBER 21, 2023

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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CITY COUNCIL MINUTES Page 1 of 12 NOVEMBER 7, 2023

CITY COUNCIL

MINUTES
TUESDAY, NOVEMBER 7, 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, Peña, Sanchez, Mayor Evans ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed

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 3:31 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:11 P.M. WITH ALL MEMBERS PRESENT
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).

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Sanchez led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Melissa Labayog, La Quinta – concerned about the safety in her neighborhood due to the short-term vacation rental (STVR), the Dupont Estate; and requested the City remove the Dupont Estate’s STVR permit.

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 CONSENT CALENDAR ITEM NO. 19
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CITY COUNCIL MINUTES Page 2 of 12 NOVEMBER 7, 2023
and activities, including a Business Walk by visiting approximately 14 businesses at the commercial centers near Dune Palms Road, who reported that the construction of the Dune Palms Bridge project has not impacted their business; upcoming ribbon cutting events for Mathnasium and Care Esthetics; Robert Radi’s book signing; and an ugly sweater contest and food drive mixer at Old Town Artisan Studio.

PUBLIC SPEAKER: Matthew Snyder, La Quinta – asked why the Dupont Estate has a valid STVR permit when the owner has a restraining order against her and is under criminal investigation; and suggested the Dupont Estate owners are holding something over Council to retain their STVR permit.

PUBLIC SPEAKER: Christina Sasse and Scarlett Wilmsen, Palm Springs International Film Society, La Quinta – requested City sponsorship for the film awards; described its student screening day for La Quinta High School; and thanked Council for the information regarding applying for a City grant.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from La Quinta resident Kathleen Mirabal, regarding the additional temporary parking lot for Fritz Burns Park located across the street from the park, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. CERTIFICATE OF RECOGNITION TO OLD TOWN LA QUINTA (WELLS MARVIN) FOR 20 YEARS OF BUSINESS IN THE CITY
Mayor Evans provided a brief history of Old Town La Quinta, and presented a certificate of recognition to its developer, Wells Marvin, for 20 years of business in the city.

Wells Marvin introduced his wife Anna, and Old Town La Quinta Property Manager Katy Able; provided a brief history of Old Town La Quinta; spoke of current events being held in Old Town; updates on new businesses and renovations to existing businesses; and thanked the Council, citizens, and business owners of La Quinta.

Council inquired about the possibility of making Main Street pedestrian-only should a parking structure be constructed in the future. Mr. Marvin stated he believes it is more beneficial to close the streets only when needed, and he is not a fan of parking structures.

CONSENT CALENDAR

1. APPROVE CITY COUNCIL MEETING MINUTES OF OCTOBER 17, 2023

2. ADOPT ORDINANCE NO. 605 ON SECOND READING AMENDING CHAPTER

2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICTOF-INTEREST CODE [ORDINANCE NO. 605] 10 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 3 of 12 NOVEMBER 7, 2023

3. ADOPT RESOLUTION TO ACKNOWLEDGE RECEIPT OF RIVERSIDE COUNTY FIRE DEPARTMENT’S ANNUAL INSPECTION REPORT FOR
FISCAL YEAR 2022/23 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4 [RESOLUTION NO. 2023-036]

4. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT CONCEPTS CONSTRUCTION, INC. FOR ON-CALL PUBLIC WORKS MAINTENANCE SERVICES PROJECT NO. 2022-16 TO INCREASE THE CONTRACT AUTHORITY FOR UP TO $550,000 OF WORK IN FISCAL YEAR 2023/24

5. APPROVE PURCHASE OF A 2,500 GALLON WATER TRUCK FROM
WESTRUX INTERNATIONAL, INC. DEALERSHIP

6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED AUGUST 31, 2023

7. APPROVE DEMAND REGISTERS DATED OCTOBER 13, OCTOBER 20, AND OCTOBER 27, 2023
MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 2 adopting Ordinance No. 605 and Item No. 3 adopting Resolution No. 2023-036. Motion passed unanimously.

BUSINESS SESSION

1. APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 2, 2024
Council waived presentation of the staff report, which is on file in the Clerk’s Office.

MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to approve cancellation of the regular City Council meeting of January 2, 2024. Motion passed unanimously.

2. APPROVE AGREEMENT FOR EMERGENCY SERVICES COORDINATOR

WITH COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT

TO PROVIDE PART-TIME EMERGENCY SERVICE COORDINATOR POSITION Public Safety Deputy Director Mendez presented the staff report, which is on file in the Clerk’s Office.

RIVERSIDE COUNTY SPEAKER: Michael Ornelas, Emergency Management Program Manager with County of Riverside Emergency Management Department – noted the other Coachella Valley cities using this County service; and discussed collaboration with local cities and the County.
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CITY COUNCIL MINUTES Page 4 of 12 NOVEMBER 7, 2023
RIVERSIDE COUNTY SPEAKER: Mr. Ornelas introduced Ana Gutierrez, Emergency Services Coordinator who will be the County staff member assigned to the City; and discussed her background.

Council discussed the County’s deployment of the personnel dedicated to the City in the event of a County-wide emergency.

MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to approve an agreement for Emergency Services Coordinator Services with the County of Riverside Emergency Management Department to provide a part-time Emergency Service Coordinator position; and authorize the City Manager to execute the agreement substantially in the form attached, allowing for minor and non-substantive changes.

Motion passed unanimously.
>>> Taken out of Agenda Order

3. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER

3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS (STVRs) [ORDINANCE NO. 607]
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office.

Council discussed potential lots that would be eligible for the proposed large lot exemption; existing homeowner associations (HOAs) ability to change its Covenants, Conditions and Restrictions (CC&Rs) to allow STVRs; and transferring enforcement responsibilities of STVRs to HOAs.

PUBLIC SPEAKER: Melissa Labayog, La Quinta – offered to help write an ethics directive for the City Council to follow; and opposed the proposed amendments regarding potentially qualifying HOAs to change their CC&Rs to allow STVRs and large lot exemptions.

PUBLIC SPEAKER: Kay Wolff, La Quinta – reported that the Cove Neighborhood Steering Committee meeting resulted in support for the proposed four-fifths majority vote to change Section 3.25.055 of the La Quinta Municipal Code (Code) related to exemptions from the ban on the issuance of new STVR permits; large lot STVR permit applications must include notification of neighbors within a 500-foot radius; opposed exempting Homeshare STVR permits from the ban; opposed allowing apartment complexes to obtain STVR permits; requested that density be addressed; and thanked Council for making the STVR program work for almost everyone.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:25 P.M
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:30 PM WITH ALL

MEMBERS PRESENT
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CITY COUNCIL MINUTES Page 5 of 12 NOVEMBER 7, 2023
PUBLIC SPEAKER: Lynne Daniels, La Quinta – supports the proposed STVR program Code amendments.

PUBLIC SPEAKER: George Christopher, La Quinta – supports the STVR program.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received on Business Session Item No. 3 from the residents listed below, in alphabetical order, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Tom and Mary Brohard, La Quinta – opposing the proposed large lot exemption.  Mishael Patton, La Quinta – supporting the proposed four-fifths majority vote for the exemption section and opposing exempting homeshare STVR permits from the current ban on the issuance of new STVR permits.

Council discussed STVRs in HOAs that currently allow it, and those that do not; pros and cons of STVRs in apartment complexes; apartment complexes in exempt zones; disclosing in tenant leases that STVRs are allowed in the building; monitoring and enforcement of homeshares; STVR permits transferring through trusts and inheritance; permitting STVRs in the Griffin Lake Specific Plan; the four-fifth majority vote on the exemption section of the Code; allowing existing HOAs to vote to change their CC&Rs to allow STVRs; conditioning HOAs on self-management if their membership approves STVRs as a permitted use; concern about large lot STVRs across from schools; meaning and purpose of “authorized agents” at homeshares; cancelling homeshare permits after one violation; concern about special events at large lot STVRs; and reason for the proposed fines reduction – alignment with State law.

MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to take up Ordinance No. 607 by title and number only and waive further reading, as amended by removing proposed code additions relating to apartment complexes and potentially qualifying HOAs as follows:
 Remove the definitions of “Apartment Complex” and “Homeowners Association” proposed under Section 3.25.030 Definitions on page 560 of the Agenda packet;  Remove the definitions of “Potentially Qualifying Homeowners Association” and “Qualified and Certified Homeowners Association” proposed under Section

3.25.030 Definitions on page 561 of the Agenda packet;
 Remove proposed “Section 3.25.045 Apartment Complex” – short-term vacation rental permit requirements” on page 562 of the Agenda packet; and  Remove proposed “Section 3.25.056 Single-family residences in potentially qualifying homeowners associations; Voting procedure for exemption from nonissuance of new short-term vacation rental permits” on pages 566-568 of the Agenda packet.

Motion passed unanimously.

City Clerk Radeva read the following title of Ordinance No. 607 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, ADDING SECTIONS AND AMENDING SECTIONS OF CHAPTER 13 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 6 of 12 NOVEMBER 7, 2023

3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS, as amended excluding apartments and homeowners’ associations
MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to introduce at first reading Ordinance No. 607 as amended. Motion passed unanimously.

PUBLIC HEARINGS

1. CONTINUED FROM AUGUST 1, 2023: ADOPT RESOLUTIONS TO ADOPT A

MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 FOR A 252-UNIT APARTMENT PROJECT, LA QUINTA VILLAGE
APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT

PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION:

NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50
[RESOLUTION NOS. 2023-037 AND 2023-038]
*Specific Plan 2022-0001 and Site Development Permit 2022-0001 would be conditioned upon and subject to approval by the California Department of Housing and Community Development (HCD) of General Plan 2022-0002, a Housing Element Amendment subject to HCD certification pursuant to state Planning and Zoning Law (Gov. Code, § 65000 et seq.)
Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office.

Council discussed the City’s certified Housing Element; recertification by the State Department of Housing and Community Development (HCD) required for the parcel switch; moderate-income level apartment qualifying criteria; date this site was added to the housing inventory; stacking lanes at both entrances and deacceleration lane on Avenue 50; electrical power for the project; EV charging stations; electrical capacity increase; distance of sidewalk from street; traffic flow around the project; bus stop relocation; removal of garages; added storage in corridors; and bicycle storage and racks.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:01 P.M City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 1 from the residents listed below, in alphabetical order, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Anonymous (1), La Quinta – opposing the proposed affordable housing (AH) parcel switch.
 Anonymous (2), La Quinta – opposing the proposed AH parcel switch.  Charles Ciup & Carolyn Brandon, La Quinta – opposing the project. 14 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 7 of 12 NOVEMBER 7, 2023
 Carolyn Crowson, La Quinta – opposing the proposed AH parcel switch.  Desert Breezes Community, Palm Desert (Jennifer Blair, Casas President; Hugh Cousins, Masters President, Villas President; Dottie Fazio, Timeshares President) – opposing the proposed AH parcel switch.
 Janet and Daniel Gettings, La Quinta – opposing the proposed AH parcel switch.  Jennifer Hasiuk, La Quinta – opposing the proposed AH parcel switch.  Janice Hurlburt, Palm Desert – opposing the proposed AH parcel switch.  Mayer Corporation (James Vaughn, Esq. with SZR Law) – opposing the proposed AH parcel switch.
 Patrick Mead, La Quinta – opposing the proposed AH parcel switch.  Palm Royale Country Club (Faith Raines), La Quinta – opposing the proposed AH parcel switch.
 Blaine and Judy Palmquist, La Quinta – opposing the proposed AH parcel switch.

The following WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 1 after 12 p.m. but prior to the adjournment of this meeting, from the residents listed below, in alphabetical order; these comments were not announced during the public meeting but were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Kay Curtis, La Quinta – opposing the proposed AH parcel switch.  Patrick Mead, La Quinta – opposing the proposed AH parcel switch.  Ruth Waytz, La Quinta – opposing the project.

APPLICANT REPRESENTATIVE: Greg Irwin, Partner and Principal, with Irwin Partners Architects – provided a brief overview of the proposed project and the revised features per Council’s comments at the previous held public hearing.

PUBLIC SPEAKERS:
 Jim Vaughn, Esq. with SZR Law, representing the Mayer Corporation – opposing the proposed AH parcel switch to his client’s property.
 Tom Weigel, La Quinta – representing the Mayer Corporation – opposing the General Plan Amendment and the AH parcel switch; the Mayer Corporation has no intention of ever building affordable housing on its site.
 Brian Flath, La Quinta – owns property adjacent to the proposed project; supports current changes made; and can support garages if not more than 10 feet high.  Fred Kellerhals, La Quinta – opposes affordable housing built across the street from his property in Palm Royale; and opposes the AH parcel switch.  Lyle Brekke, La Quinta and Seattle – lives within 1,000 feet of proposed parcel switch (Palm Royale); did not receive notice of the project switch; and opposes the AH parcel switch.
 George Christopher, La Quinta – commended the City on getting project information out to residents; thanked developer for meeting with the community and listening; current changes are a plus to the City; and the planned upgrade to the substation is a critical advantage to the City.
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CITY COUNCIL MINUTES Page 8 of 12 NOVEMBER 7, 2023
 Casey Dolan, La Quinta – concerned about overflow parking and events held by apartment residents at the project.
 Kristen Dolan, La Quinta – suggested permitted parking on the three nearby streets if this project is approved; concerned about flooding, the height increase, the reduction in unit square footage; and asked that Council reject the proposed General Plan and Specific Plan Amendments.
 Carolyn Brandon, La Quinta – opposed to the project (was not present to speak when called upon by the Mayor).
 Tom Bliesath, La Quinta – resident of Palm Royale; opposes the AH parcel switch.  Bruce Maize, La Quinta – supports the project (was not present to speak when called upon by the Mayor).

APPLICANT REPRESENTATIVE: Greg Irwin, Partner and Principal, with Irwin Partners Architects – responded to resident concerns regarding flooding; ceiling and parapet heights; onsite parking pass system planned; valet parking onsite during events; and State law regarding moving affordable housing sites – Housing Code 65863(c)(2).

Council discussed parking on public streets; parking permit systems on public streets; removal of ornamental grasses on landscape plan; revisiting the proposed parcel switch on site 6, and considering alternatives; reallocating affordable housing requirements to another property owner without their knowledge; affordable housing projects in La Quinta; the legalities of spreading affordable housing sites around the City; designating other alternative affordable housing sites; suitability of the Dune Palms Road/Highway 111 site for 180 affordable housing units; other sites planned for affordable housing; identifying sites to accommodate 280 low-/very-low units elsewhere; unwilling to approve the AH parcel switch to site 6 at this time; referring this item back to the Planning Commission to consider alternate sites; asking the applicant to include 36 low-income units in their project; and regarding the project presented, the Council is in support, if the AH parcel switch can be resolved.

City Attorney Ihrke provided information on State housing law and alternative actions available to Council.

THE PUBLIC HEARING REMAINED OPEN
MOTION – A motion was made and seconded by Councilmember Peña/Fitzpatrick to continue this item to a date certain, to the regular Council meeting of November 21, 2023, to allow staff to identify additional sites to reallocate the affordable housing units and remand this project to the Planning Commission to their regular meeting of November 14, 2023, for consideration of the additional sites. Motion passed unanimously.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 8:37 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:53 P.M. WITH

ALL COUNCILMEMBERS PRESENT
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CITY COUNCIL MINUTES Page 9 of 12 NOVEMBER 7, 2023

2. INTRODUCE FOR FIRST READING AN ORDINANCE TO APPROVE ZONING ORDINANCE AMENDMENT 2023-1000 FOR ZONING CODE LANGUAGE

CLEAN UP AND CHANGES TO GAME COURT, FLAGPOLE, AND
ACCESSORY DWELLING UNIT (ADU) REGULATIONS; CEQA: THE PROJECT

IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION. LOCATION: CITY-WIDE [ORDINANCE NO. 606]
Design and Development Director Castro presented the staff report, which is on file in the Clerk’s Office.

Council discussed the Planning Commission’s decision regarding changes to the flagpole regulations; accessory dwelling units (ADUs) minimum square footage (850 sq. ft.); that junior ADUs (JADUs) can be smaller, but must be attached to the primary home; criteria for adding ADUs and JADUs in the City’s affordable housing numbers; tracking the rent amounts charged for ADUs and JADUs annually; incentives for owners to register their ADUs/JADUs as low-income units; and ADUs/JADUs cannot qualify for Homeshare STVR permits if approved through the expedited ADU/JADU process.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 9:18 P.M.

PUBLIC SPEAKERS:
 Steve Grocott, La Quinta – opposed to loosening flagpole regulations; and asked that setbacks be calculated from a home rather than property lines.  Carol Shaw, La Quinta – opposed to loosening existing flagpole regulations, and spoke about the challenges her community has experienced with people putting up flagpoles.
 Mike Riley, La Quinta – said he installed his flagpole at his property after receiving HOA approval and was not aware that a City permit was required; and stated HOAs should govern themselves and have their own flagpole regulations.  Sam Dickinson, La Quinta – received a violation for his flagpole, and was required to remove it; suggested that HOAs determine regulations for flagpoles in each development.
 Sharon Dickinson, La Quinta – noted that the beauty of flagpoles is subjective; requested that HOAs govern the installation and regulations for flagpoles.  Rich Martin, La Quinta – supports the proposed amendments to the flagpole regulations (was not present to speak when called upon by the Mayor).  Martin von Kanel, La Quinta – has a City-compliant flagpole; explained his purpose for installing his flagpole; supports HOAs having the right to govern themselves regarding flagpole regulations.

WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 2 from the La Quinta residents listed below, in alphabetical order, regarding the proposed flagpole regulations, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
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CITY COUNCIL MINUTES Page 10 of 12 NOVEMBER 7, 2023
 Ramon and Kelly Baez, La Quinta – support HOAs having the right to govern themselves regarding flagpole regulations.
 Sam and Sharon Dickinson, La Quinta – provided two separate written public comments – support HOAs having the right to govern themselves regarding flagpole regulations.
 Marty Ellen, La Quinta – supports the proposed code amendments to loosen flagpole regulations and HOAs having the right to govern themselves regarding flagpole regulations.
 Kirk Newby, La Quinta – supports HOAs having the right to govern themselves regarding flagpole regulations.
 Richard Ramage, La Quinta – supports HOAs having the right to govern themselves regarding flagpole regulations.

The following WRITTEN PUBLIC COMMENTS were received on Public Hearing Item No. 2 after 12 p.m. but prior to the adjournment of this meeting, from the residents listed below, in alphabetical order, regarding the proposed flagpole regulations; these comments were not announced during the public meeting but were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Matthew Antoun, La Quinta – opposed to the proposed code amendments to loosen flagpole regulations.
 Steve Grocott, La Quinta – opposed to the proposed code amendments to loosen flagpole regulations.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 9:43 P.M.

Council discussed flag protocol; allowing HOAs to determine flagpole placement; the City’s Municipal Code regulations being important for safety purposes; 5-foot versus 10- foot setbacks; City’s liability if the Code is not followed or enforced; number of flagpole permits issued and number denied; City retaining control over flagpole heights and construction, but HOAs control flagpole location on lots; providing HOAs and management companies with the City’s flagpole regulations; the pros and cons of 5-foot versus 2-foot setbacks; and directing staff to prepare another ordinance to address permitting HOAs to set flagpole location standards within their communities.

MOTION – A motion was made and seconded by Mayor Evans/Mayor Pro Tem Sanchez to make a finding, included in Ordinance No. 606, that adopting this ordinance is exempt under the California Environmental Quality Act pursuant to Section 15061(b)(3) Review of Exemptions – Common Sense Rule, and is consistent with the previously approved General Plan 2035 Environmental Impact Report. Motion passed unanimously.

MOTION – A motion was made and seconded by Mayor Evans/ Mayor Pro Tem Sanchez to take up Ordinance No. 606 by title and number only and waive further reading. Motion passed unanimously.
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CITY COUNCIL MINUTES Page 11 of 12 NOVEMBER 7, 2023
City Clerk Radeva read the following title of Ordinance No. 606 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE 9 OF THE LA

QUINTA MUNICIPAL CODE
MOTION – A motion was made and seconded by Mayor Evans/ Councilmember McGarrey to introduce at first reading Ordinance No. 606 as recommended. Motion passed unanimously.

Council directed staff to prepare an ordinance giving HOAs that have flagpole regulations in their CC&Rs the authority to determine the placement of flagpoles within their communities, with the City retaining regulatory power over all other aspects of installation and permitting.

STUDY SESSION – None
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

Council directed staff to issue letters to owners who have had multiple false-alarm call outs.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Fitzpatrick noted that the City has collected $21,000 in fines from an unpermitted STVR operator; and reported on her attendance at the volunteer meeting for the upcoming Art Celebration.

Councilmember Sanchez reported on his and Council’s attendance at the Rancho Mirage State-of-the-City event; a Zoom seminar on opioid overdoses; and former Councilmember Robert Radi’s book signing and art event at Old Town Artisan Studio.

Councilmember McGarrey reported on her and Councilmember Peña’s attendance at the YMCA annual fundraising event; the Agua Caliente Cultural Center event; the Windermere ribbon cutting; and the Southern California Association of Governments Connect meeting.

Mayor Evans reported on her attendance at the La Quinta High School culinary Feedthe-Heros luncheon; and the Impact Through Golf Foundation event.

Councilmember Peña reported on his attendance at the Senior Resource Fair.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2023, Mayor Evans reported on her participation in the following organization’s meeting:
 DESERT SANDS SCHOOL DISTRICT TWO-BY-TWO COMMITTEE
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CITY COUNCIL MINUTES Page 12 of 12 NOVEMBER 7, 2023
La Quinta’s representative for 2023, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 SUNLINE TRANSIT AGENCY (stood in for Councilmember Peña) La Quinta’s representative for 2023, Mayor Pro Tem Sanchez reported on his participation in the following organization’s meeting:
 ANIMAL CAMPUS COMMISSION

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to adjourn at 10:27 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NO. 606 ON SECOND READING AMENDING VARIOUS SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE FOR ZONING

RECOMMENDATION
Adopt Ordinance No. 606 on second reading.

EXECUTIVE SUMMARY
 On November 7, 2023, Council introduced Ordinance No. 606 for first reading to amend various sections of Title 9 of the La Quinta Municipal Code (Code) and to approve Zoning Ordinance Amendment (ZOA) 2023-1000.
 If adopted on second reading, Ordinance No. 606 will go into effect 30 days after adoption or on December 21, 2023.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
Staff periodically reviews the Code to ensure clarity and consistency with current federal, state, and local regulations and procedures.

On November 7, 2023, Council introduced Ordinance No. 606 for first reading to amend various sections of Title 9 of the Code and to approve ZOA 2023-1000.

If adopted on second reading, Ordinance No. 606 will go into effect 30 days thereafter, or December 21, 2023, and amend the Code as follows:
 Section 9.60.090 – Accessory dwelling units (ADU) – update the Code to meet State housing law regulations for ADUs; the text amendment implements a Program identified in the City’s certified Housing Element 2021-2029.

CONSENT CALENDAR ITEM NO. 2
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 Section 9.50.030 – Table of development standards – remove the 25-foot setback requirement for garages, which was to account for tilt-up (overhead) garage doors, as roll-up garage doors are now most common and a 20-foot setback is sufficient.  Section 9.60.150 – Tennis and other game courts – remove the requirement that court must be lower grade; allow at least 10 feet from front, side, and rear setbacks with 6-foot block wall along property line.
 Section 9.60.340 – Flagpoles – provide additional opportunity where the yard abuts open space, a golf course, or a street, to allow flagpoles to be located at least 5 feet from any property line.
 Section 9.110.060 – FP Floodplain District – remove the word “Overlay” from “Floodplain Overlay District” to ensure consistency with other Code sections.

ENVIRONMENTAL REVIEW
The Design and Development Department has determined that the project is exempt from environmental review pursuant to CEQA Section 15061 (b)(3) Common Sense Exemption, in that it can be seen that the project would not cause any adverse impacts on the environment.

PUBLIC REVIEW
Public Notice
ZOA 2023-1000 was advertised in The Desert Sun newspaper on October 27, 2023.

Written public comments received on the proposed Code amendments were incorporated into the public record of the November 7, 2023 meeting, and included in the agenda packet.

Planning Commission Review
At its regular meeting of October 10, 2023, the Planning Commission considered the proposed Code amendments and recommended Council approval of all proposed amendments except for those pertaining to flagpole regulations.

ALTERNATIVES
As Council approved this ordinance at first reading, Staff does not recommend an alternative.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
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ORDINANCE NO. 606

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL
CODE
WHEREAS, the City Council of the City of La Quinta, California did, on November 7, 2023, hold a duly noticed public hearing for review of a City-initiated request of Zoning Ordinance Amendment 2023-1000 to amend various sections of Title 9 of the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on October 10, 2023, adopt Planning Commission Resolution No. 2023- 017 recommending the City Council adopt all code amendments, except for those pertaining to flagpole regulations; and
WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on October 27, 2023, as prescribed by the Municipal Code; and
WHEREAS, Title 9 of the Municipal Code contains the chapters that address permitted uses, development standards, development review, and permitting procedures; and
WHEREAS, the proposed zoning text amendments are necessary to update or clarify development standards; and
WHEREAS, the proposed zoning text amendments are necessary to be in compliance with State housing law regulations for accessory dwelling units, and implements a Program identified in the City’s certified 2021-2029 Housing Element; and WHEREAS, at said public hearing, upon hearing and considering all public testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment, enclosed as Exhibit A, and incorporated herewith by this reference:

1. Consistency with General Plan
The code amendment is consistent with the goals, objectives, and policies of the General Plan. The proposed amendments are supported by Policy LU-1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public; and

23 CLICK HERE to Return to Agenda
Ordinance No. 606
Title 9 Amendments – Sections 9.60.090, 9.50.030, 9.60.150, 9.60.340, and 9.110.060 Adopted: November 21, 2023

Page 2 of 4 ends

2. Public Welfare
Approval of the code amendment will not create conditions materially detrimental to the public health, safety, and general welfare. The amendment meets State housing law regulations for development of accessory dwelling units, allow for site design flexibility for various residential features, clarifies language in the municipal zoning code, and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety, and welfare considerations.

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. TITLE 9 shall be amended as written in “Exhibit A” attached hereto.

SECTION 2. The proposed zone text amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The zone text amendments are consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan.

SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2023-1000, as set forth in attached “Exhibit A” for the reasons set forth in this Ordinance.

SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least two public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta.

SECTION 6. CORRECTIVE AMENDMENTS: That the City Council does hereby grant the City Clerk the ability to make minor amendments to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the 24 CLICK HERE to Return to Agenda
Ordinance No. 606
Title 9 Amendments – Sections 9.60.090, 9.50.030, 9.60.150, 9.60.340, and 9.110.060 Adopted: November 21, 2023

Page 3 of 4 ends

fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this November 21, 2023, by the following vote:

AYES:

NOES:

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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Ordinance No. 606
Title 9 Amendments – Sections 9.60.090, 9.50.030, 9.60.150, 9.60.340, and 9.110.060 Adopted: November 21, 2023

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 606 which was introduced at a regular meeting on the 7th day of November, 2023, and was adopted at a regular meeting held on the 21st day of November, 2023, not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on ___ November, 2023, pursuant to Council Resolution.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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9.50.030 - Table of development standards.

A. Definitions. See Chapter 9.280.

B. Table of Standards. Table 9-2 and the illustrations in Section 9.50.040, following, set forth standards for the development of property within residential districts. However, standards different from those in Table 9-2 shall apply if special zoning symbols described in Section 9.20.030 are designated on the official zoning map.

Table 9-2 Residential Development Standards
Development Standard District

RVL RL RC RM RMH RH
Minimum lot size for
single-family dwellings
(sq. ft.)
20,000 7,200 7,200 5,000 3,600 2,000
Minimum project size
for multifamily projects
(sq. ft.)
n/a n/a n/a n/a 20,000 20,000
Minimum lot frontage
for single-family
dwellings (ft.) 1
100 60 60 50 40 n/a
Minimum frontage for
multifamily projects (ft.) n/a n/a n/a n/a 100 100
Maximum structure
height (ft.) 2 28 28 17 28 28 40
Maximum number of
stories 2 2 1 2 2 3
Minimum front yard
setback (ft.) 3 30 20 20 20 20 20
Minimum
interior/exterior side
yard setback (ft.) 4,6
10/20 5/10 5/10 5/10 5/10 10/15
Minimum rear yard
setback (ft.)6 30
20 for new
lots and 10
for existing
recorded
lots 7
10 15 15 20
Maximum lot coverage
(% of net lot area) 40 50 60 60 60 60
Minimum livable area
excluding garage (sq. ft.) 2,500 1,400 1,200 1,400
1,400
(multifamily:
750)
750 for
multifamily
Minimum common open
area 5 n/a n/a n/a 30% 30% 30%
Minimum/average
perimeter landscape
setbacks (ft.) 5
10/20 10/20 n/a 10/20 10/20 10/20
Symbol Description of Special Zoning Symbols
Used as per Section 9.20.030
60-RM-10,000
17/1
60-foot minimum lot frontage, medium density residential zoning, 10,000 square foot minimum lot size, 17-foot maximum building height at one story RL 10,000
17/1
Low density residential zoning, 10,000 square foot minimum lot size, 17-foot maximum building height at one story
RM
17/1
Medium density residential zoning, 17-foot maximum building height at one story
ORDINANCE NO. 606 - EXHIBIT A
Adopted: November 21, 2023
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Development Standard District

RVL RL RC RM RMH RH
RL
17/1 Low density residential zoning, 17-foot maximum building height at one story

* As shown on the approved specific plan for the project. ** As provided in the underlying base district.
1 Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan-designated image corridor, except in the RC zone, which is 17 feet. Any proposed building height over 22 feet requires minor use permit approval and shall not exceed a maximum building height of the existing zone. 3 Projects with 5 or more adjacent single-family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. For side-entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts.
4 The following are exceptions to the minimum side setbacks shown: For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is 5 feet plus 1 foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of 10 feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. For RH, 5 feet minimum plus 1 foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between 5 and 10 feet from said side yard property line. For interior setbacks, if the building is over 28 feet in height the setback is 10 feet plus 1 foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 5 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required.

Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.230 and additional landscape/open area standards.
6 Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL zone district where it only applies to the side yard.
7 Existing recorded lots prior to May 1, 1997.
( Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord. 434 § 2, 2007; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 28 CLICK HERE to Return to Agenda

9.60.090 Accessory dwelling units.

A. Purpose. This section provides standards and criteria for the establishment of accessory dwelling units and junior accessory dwelling units, consistent with California Government Code Section 65852.2, subdivision (a)(1) and 65852.22.

Accessory dwelling units shall be permitted only in the zones that allow single family or multifamily uses: RVL, RL, RC, RM, RMH, RH, CR, CP, CC, CN, TC, CO and VC zone districts. Junior accessory dwelling units are permitted in single family zones:

RVL, RL, RC, RM, RMH, and RH zone districts.

B. Definitions. See Chapter 9.280. For purposes of this section, "second residential unit," "second dwelling unit," "second unit," and "granny flat" as defined in Section

9.280.030 (or successor section) shall not apply, and, instead, "accessory dwelling unit" as defined in California Government Code Section 65852.2(i)(4) (or successor section in the Government Code) shall apply. An accessory dwelling unit shall be either "attached" or "detached" to the primary residence as described in Government Code Section 65852.2(i)(4) (or successor statute). In addition, the following definitions shall apply for purposes of this section:

1. "Junior accessory dwelling unit" means a unit that is no less than one hundred fifty (150) square feet and no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

2. "Living area" shall have the same meaning as California Government Code Section 65852.2(i)(1) (or successor section in the Government Code), notwithstanding any provision in Section 9.280.030 of this code to the contrary.

3. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence" as defined in Section 9.280.030 (or successor section).

4. "Public transit" means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public (consistent with Government Code Section 65852.2, subdivision (j)(9).

C. Standards for Accessory Dwelling Units. The following standards shall apply to accessory dwelling units:

1. Except as provided in Government Code Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

2. The lot is zoned to allow single-family or multifamily dwelling use and includes a proposed or existing dwelling.

3. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
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4. The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the primary dwelling or eight hundred fifty (850) square feet, or 1,000 square feet for a unit that provides more than one bedroom, if the primary dwelling is less than one thousand six hundred (1,600) square feet.

5. The total floor area for a new detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.

6. An accessory dwelling unit shall include a kitchen and bathroom.

7. An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code must be a minimum of one hundred fifty (150) square feet.

8. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

9. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

10. The building code requirements in effect at the time a building permit is secured shall apply to detached dwellings. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

11. The accessory dwelling unit must be approved by the Riverside County Department of Environmental Health and the Regional Water Quality Control Board where a private sewage disposal system is being used or proposed.

12. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per accessory dwelling unit or per bedroom, whichever is less.

These spaces may be provided as tandem parking on a driveway. a. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
b. There shall be no additional parking requirement for an accessory dwelling unit in any of the following instances:
i. The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.
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ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces need not be replaced.

13. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit is permitted per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a singlefamily dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety. d. The front yard setback of the underlying zone shall apply, unless either the attached or detached units does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other development standards. e. The junior accessory dwelling unit complies with the requirements of California Government Code Section 65852.22.

14. One (1) detached, new construction, accessory dwelling unit that does not exceed four (4)-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection D, if the accessory dwelling unit complies with the following:
a. A total floor area limitation of not more than eight hundred (800) square feet.
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b. A height limitation of sixteen (16) feet on a lot with an existing or proposed single family or multifamily dwelling unit.
c. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a highquality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
d. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
e. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
f. A height of 25 feet or the height limitation that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.

15. Multiple accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. a. One (1) accessory dwelling unit is permitted within an existing multifamily dwelling and up to twenty-five (25) percent of the existing multifamily dwelling units may contain an accessory dwelling unit.
b. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling are permitted, and are subject to height limits as listed in subsection 14, and four (4)-foot rear yard and side setbacks. c. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required.

16. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

17. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

18. An accessory dwelling unit that is rented must be rented for terms longer than thirty (30) days. Under no circumstances shall an accessory dwelling unit be eligible for a short-term vacation rental permit.
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19. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail.

20. The applicant shall pay to the city all applicable fees imposed on such new development of an accessory dwelling unit or new or rehabilitated primary residence that will include an accessory dwelling unit, provided, however, that no impact fee shall be imposed upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet, and any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

D. Standards for Junior Accessory Dwelling Units. The following standards shall apply for junior accessory dwelling units:

1. Junior accessory dwelling units shall be limited to one (1) per residential lot zoned for single-family residences with a single-family residence already built or proposed to be built, on the lot.

2. Prior to issuance of occupancy approval of the accessory dwelling unit, the city may require the property owner to enter into a restrictive covenant with the city prohibiting the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and restricting the size and attributes of the junior accessory dwelling unit that conforms with this section.

3. A junior accessory dwelling unit must be constructed within the walls of the proposed or existing single-family residence.

4. A junior accessory dwelling shall provide a separate entrance from the main entrance to the proposed or existing single-family residence.

5. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances, and
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

6. Parking: A junior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence.

7. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

E. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. The director, or his/her designee, shall act on the application within sixty (60) days from the date the application is found complete if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the director may delay 33 CLICK HERE to Return to Agenda
acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the issuance of a building permit for the new singlefamily dwelling. If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay.

1. If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

2. The director shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

F. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted or required to be submitted with any other applications that require or permit ministerial or discretionary review under the code, nothing in this section precludes the processing and review of those other applications pursuant to those other provisions in the code.
( Ord. 602 Exh. A, 2022; Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 561 § 1, 2017; Ord. 550 § 1, 2016; Ord. 445 § 2, 2007; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

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9.60.150 - Tennis and other game courts.

A. Permits Required. Construction of tennis and other game courts, including fencing, may be permitted as indicated in Section 9.40.030. Enclosed game courts shall comply with Section 9.60.050, Storage and other accessory buildings. All lighted game courts, where permitted, shall require approval of a minor use permit by the director or conditional use permit by the planning commission processed in accordance with Section 9.210.020.

B. Development Standards. Game courts shall meet the following minimum development standards:

1. Fences. A maximum twelve (12)-foot-high fence (measured from the finished grade of the court) shall be allowed. Fences may include a dark, nonreflective screening material. If the fencing is chain link, it shall be vinyl-coated or painted in a dark color such as dark green or black.

2. Setbacks. Minimum setbacks from property lines for game courts shall be:
a. Front yard: twenty (20) feet.
b. Side yard: ten (10) feet.
c. Rear yard: ten (10) feet.

The preceding minimum setbacks shall be increased by three (3) feet for every foot of abutting court fence height over eight (8) feet.

3. Block Wall. Where the tennis or game court is set back 10 to 30 feet from the front, side, or rear property lines, a block wall six (feet) in height shall exist or shall be constructed along those property lines.

4. Lighting. Game court lighting shall conform to the requirements of Section

9.60.160 (Outdoor lighting). In addition, a maximum of eight (8) lights (i.e., eight (8) individual light sources) shall be permitted and mounting standard height shall not exceed eighteen (18) feet measured from the court surface. Courts shall not be lighted after 10:00 p.m.

5. Glare. The surface area of any game court shall be designed, painted, colored and/or textured to reduce the reflection from any light source.

6. Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted with the building permit application, reviewed and approved by the director, and implemented at the same time as court construction.
( Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 35 CLICK HERE to Return to Agenda

9.60.340 - Flagpoles.

Flagpoles shall be allowed in all residential zoning districts subject to the following standards:

A. Height of flagpoles shall not exceed twenty (20) feet.

B. Flagpoles shall not be allowed within any yard, except if a yard abuts open space, a golf course, or a street, flagpoles shall maintain a minimum setback distance of 5 feet from any property line.

C. Installation of flagpoles shall require a building permit.

D. Flagpoles that were installed prior to February 14, 2019, but otherwise meet the height limitation in this section, shall be allowed to remain in place so long as a building permit is obtained if there was no building permit issued previously. Proof of installation or existence of flagpoles prior to February 14, 2019 may be required.

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9.110.060 - FP Floodplain District.

A. Purpose and Intent. To protect life and property from flood flows and to establish criteria for land use consistent with state law and with the criteria promulgated by the Federal Emergency Management Agency.

B. Development Standards. Development standards shall be as required for needed flood control improvements and shall conform to the supplemental requirements for the FP district set forth in Section 9.140.030.

C. District Boundaries. The FP district shall include all areas within the city that are designated as "Special Flood Hazard Areas Inundated by One Hundred-Year Flood" on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A" and "AO" flood hazard zones. The boundaries of the FP district are generally shown on the official zoning map. See FEMA FIRM maps for specific locations.
(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)
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City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF CHAIRPERSON NIETO FROM THE NOVEMBER 14, 2023, PLANNING COMMISSION MEETING

RECOMMENDATION
Excuse absence of Chairperson Stephen Nieto from the November 14, 2023, Planning Commission meeting.

EXECUTIVE SUMMARY
 Chairperson Nieto requested to be excused from the November 14, 2023, Planning Commission meeting due to an unexpected conflicting engagement that could not be avoided.
 Chairperson Nieto has no excused or unexcused absences 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. 3
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City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER

AND MARKETING SPECIALIST TO ATTEND ETOURISM SUMMIT IN LAS VEGAS, NEVADA, APRIL 1-5, 2024

RECOMMENDATION
Authorize overnight travel for Marketing Manager and Marketing Specialist to attend the eTourism Summit in Las Vegas, Nevada, April 1 - 5, 2024.

EXECUTIVE SUMMARY
• The eTourism Summit, allows destination marketers an opportunity to expand their data, research, analytic, content, video, media and creative strategies. • Staff will be attending this conference for the first time and the Marketing Manager has been asked to be a panelist on the importance of including your community in your tourism brand and destination awareness.

FISCAL IMPACT
Estimated expenses are $5,690 for both attendees, which includes reduced registration, travel, lodging, and meals. Funds are available in fiscal year 2023/24 Marketing Department’s Travel and Training budget (Account No. 101-3007-60320).

BACKGROUND/ANALYSIS
eTourism Summit embarks on its 24th year of helping destination marketers “See Tomorrow”. eTourism Summit is a collaborative, fast-paced conference and is the epicenter of digital destination marketing for learning and sharing among first-timers, rising stars, and experienced marketers. The summit focuses on peer-to-peer sharing, integral to the development of innovative marketing strategies that translate to new business.

Staff will be attending this conference for the first time to expand on the educational opportunities available through conferences that focus on technology, digital data, and creation of content for social media.

The Marketing Manager has been asked to be a panelist on the importance of including your community in your tourism brand and destination awareness.

CONSENT CALENDAR ITEM NO. 4
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ALTERNATIVES
Council may elect not to authorize this request; however, since this training allows staff to stay current with communication techniques associated with marketing and branding, this alternative is not recommended.

Prepared by: Marcie Graham, Marketing Manager
Approved by: Gilbert Villalpando, Director
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City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR TWO PLANNING

COMMISSIONERS AND ONE PLANNING STAFF MEMBER TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONERS’ ACADEMY IN LONG BEACH, CALIFORNIA, MARCH 6-8, 2024

RECOMMENDATION
Authorize overnight travel for two Planning Commissioners and one Planning Staff Member to attend the League of California Cities Annual Planning Commissioners’ Academy in Long Beach, California, March 6-8, 2024.

EXECUTIVE SUMMARY
 The League of California Cities hosts an Annual Planning Commissioners Academy (Academy), which offers sessions on major planning and land use issues as well as provides networking opportunities.
 The Academy rotates between northern and southern California cities. This year’s event will be in Long Beach.
 Upon approval, two Planning Commissioners and one Planning Staff Member would attend this year’s Academy.

FISCAL IMPACT
Estimated total expenses are $5,600, which includes registration, transportation, lodging, and meals. Funds are available in the Planning Division Travel and Training Budget (101- 6002-60320).

BACKGROUND/ANALYSIS
The Academy is a three-day event focusing on major planning and land-use issues affecting local governments. Education sessions may include:
 AB 1234 and AB 1661 trainings;
 Essential planning tools;
 California Environmental Quality Act;
 The impact of planning policy and community design on a community; CONSENT CALENDAR ITEM NO. 5
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 The planning process before project approval;
 A wide range of topics relevant to the planning commissioner’s role when reviewing planning documents and land use cases.

Two Commissioners will be selected at the next regular Planning Commission meeting and staff recommends that Commissioners that have not yet attended the Academy be given priority.

ALTERNATIVES
Council may elect to not authorize this travel and training or reduce the number of attendees.

Prepared by: Cheri Flores, Planning Manager
Approved by: Danny Castro, Design and Development Director 44 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND PERMIT TECHNICIAN TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2024 CONFERENCE IN LAS VEGAS, NEVADA, APRIL 22-25, 2024

RECOMMENDATION
Authorize overnight travel for the City Clerk and Permit Technician to attend the annual Laserfiche Empower 2024 conference in Las Vegas, Nevada, April 22 – 25, 2024.

EXECUTIVE SUMMARY
 Annually, Laserfiche holds the Laserfiche Empower conference (Conference) which provides three days of intense training, hands on labs, and networking with other municipal users.
 The City Clerk and Permit Technician seek additional knowledge in the City’s Laserfiche content management software, enhanced business processes, and upcoming technological innovations. The City has received two free registrations.  The Conference will instruct Staff, who are robust users and the administrators of the City’s Laserfiche document archive, on expanded capacities of the software and peer-tested ways to utilize the system to benefit all City departments and operations.

FISCAL IMPACT
Estimated expenses are $2,000, which includes travel, lodging, and meals for both attendees. The City received two free registrations valued at $1,066.33 each. Funds are available in fiscal year 2023/24 City Clerk’s Travel and Training budget (101-1005-60320).

BACKGROUND/ANALYSIS
Laserfiche is a robust enterprise content management software used by the City since 2002 as the City’s permanent electronic records repository, digital research library, and paperless archive.

The Conference is the premier educational and peer exchange event for the Laserfiche community and professionals who are interested in learning ways to improve efficiency CONSENT CALENDAR ITEM NO. 6
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and transform their organization. Each year 3,000+ Laserfiche customers, partners, and IT professionals attend this Conference, which offers more than 250 sessions and handson labs taught by industry experts, Laserfiche engineers, and experienced users. This three-day intensive annual Conference provides participants with the tools and resources they need to get the most out of their Laserfiche system.

ALTERNATIVES
Council may elect not to authorize this request; however, since this will provide information and training that is vital to successfully administering the Laserfiche system to its full potential, Staff does not recommend this alternative.

Prepared by: Oscar Mojica, Permit Technician
Approved by: Monika Radeva, City Clerk
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City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: ACCEPT THE LA QUINTA PARK SPLASH PAD PROJECT NO. 2022-19, LOCATED AT THE NORTHEAST CORNER OF ADAMS STREET AND

BLACKHAWK WAY

RECOMMENDATION
Accept the La Quinta Park Splash Pad Project No. 2022-19 as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $37,793, thirty-five days after the Notice of Completion is recorded.

EXECUTIVE SUMMARY
• The La Quinta Park Splash Pad project included replacement of the existing splash pad, pump equipment, and underground surge tank. (Attachment 1). • The work is complete and Council acceptance will close the contract and allow final payment.

FISCAL IMPACT
The following is the financial accounting for Project No. 2022-19.

Original Contract Amount $ 749,000
Change Orders No. 1 $ 6,863
Final Contract Amount $ 755,863
Project Budget $ 850,000
Final Contract Amount ($ 755,863)
Remaining Balance $94,137
* All costs to date have been accounted for and no further costs are anticipated.

There are adequate funds to close the project; final retention amount of $37,793 will be paid from account number 503-0000-20600.

CONSENT CALENDAR ITEM NO. 7
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BACKGROUND/ANALYSIS
On February 7, 2023, Council awarded a contract to California Commercial Pools, Inc. (California Pools), in the amount of for $749,000, for the installation of a new Splash Pad at La Quinta Park.

On July 25, 2023, Contract Change Order No. 1 was issued for the installation of a concrete curb around the splash pad.

On August 4, 2023, the splash pad was deemed to be completed and was opened to the public.

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

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Dianne Hansen, M&O Superintendent
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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ATTACHMENT 1

NEW SPLASH PAD DESIGN
ATTACHMENT 1
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FORMER SPLASH PAD
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City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: APPROVE LEASE AND USE AGREEMENT WITH OLD TOWN LA

QUINTA, LLC FOR THE IMPROVEMENT AND USE OF A PORTION OF A VACANT PARCEL FOR ADDITIONAL OLD TOWN LA QUINTA PARKING; ASSESSOR PARCEL NUMBER 773-076-018; CEQA: EXEMPT UNDER SECTION 15061 (b)(3) COMMON

SENSE EXEMPTION

RECOMMENDATION
Approve Lease and Use Agreement with Old Town La Quinta, LLC for the improvement and use of a portion of a City-owned vacant parcel for additional Old Town La Quinta parking; and authorize the City Manager to negotiate and execute the agreement.

EXECUTIVE SUMMARY
 The City owns a 1.23-acre vacant parcel in the Village (Parcel). Old Town La Quinta, LLC. (Old Town) desires to lease approximately 25,000 sq. ft. of the Parcel and use it for additional parking (Attachment 1).

FISCAL IMPACT
The proposed lease agreement is for a 3-year initial term, and optional 1-year extension, and another 364-day extension. Old Town plans to rent a portion of the Parcel for 6 months every year, while the agreement is in effect, at $1,000 per month, which will generate $6,000 in annual revenue and will be deposited in the General Fund Account 101-0000-42120.

BACKGROUND/ANALYSIS
The City owns a 1.23-acre vacant Parcel, bounded by Avenida Villa to the west and south, Avenida Navarro to the east, and Calle Tampico to the north (Attachment 1); APN: 773- 076-018.

Old Town has agreed to lease approximately 25,000 sq. ft. of the Parcel, as depicted in Attachment 1 and use it as additional parking. Proposed is a Lease and Use Agreement (Agreement) (Attachment 2) for a 3-year initial term, and optional 1-year extension, and another 364-day extension; for a monthly lease amount of $1,000; Old Town anticipates leasing a portion of the Parcel for 6 months each year while the Agreement is in effect.

Any improvements to the Parcel, or portion thereof, will be coordinated with the City.

CONSENT CALENDAR ITEM NO. 8
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Upon expiration or termination of the proposed Agreement, the City will retain the Parcel for use as public parking, or other City use.

The proposed Agreement is not a “disposition” subject to the California Surplus Land Act (SLA) pursuant to Government Code Section 54221(b)(1) and California Department of Housing and Community Development Guidelines Section 102 (h)(1), because the lease will not exceed 5 years. No finding under the SLA is required.

The proposed Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to the “common sense exemption” in CEQA Guidelines Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that the proposed lease may have a significant effect on the environment.

ALTERNATIVES
Council may elect not to approve this Agreement, modify the terms, or direct staff to return with alternate recommendations for this Parcel.

Prepared by: Doug Kinley, Management Analyst
Approved by: Jon McMillen, City Manager
Attachments: 1. Site Map

2. Lease and Use Agreement
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AT
TACHMENT 1
APN: 773-076-018
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2905/015610-0002
19800430.2 a11/15/23 -1-

LEASE AND USE AGREEMENT
This LEASE AND USE AGREEMENT (“Agreement”) is made and entered into this ___ day of ___________, 2023 (the “Effective Date”), by and between the CITY OF LA QUINTA, a California municipal corporation (“City”), and the OLD TOWN LA QUINTA LLC, a limited liability company (“Company”). City and Company are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.”

RECITALS
A. City owns that certain real property more specifically described as APN 773-076-018-1 and depicted in Exhibit “A” which is attached hereto and incorporated herein by this reference (the “City Property”). As of the Effective Date, the City Property is an unimproved, vacant lot.

B. Company owns a commercial development in the City commonly referred to as “Old Town La Quinta,” which is adjacent to the City Property (“Old Town La Quinta”).

C. Company desires to lease from City, and City desires to grant to Company a term lease permitting Company to improve and use the City Property for parking for Old Town La Quinta staff and visitors, subject to the terms and conditions of this Agreement.

D. City has determined that the lease of the City Property to Company under the terms of this Agreement will not result in a shortage of public parking available to adequately serve adjacent uses in the City.

NOW, THEREFORE, based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:

AGREEMENT

1. Scope of Agreement. City hereby enters into this Agreement as a lease and use agreement with regard to the City Property, for use by the Company on the terms and conditions of this Agreement.

2. Term. The term of this Agreement shall begin on the Effective Date and shall end on the date which is three (3) years from the Effective Date (the “Initial Term”). The City’s City Manager in their sole discretion, may approve in writing up to one (1) additional one (1) year extension terms (the “1-Year Extension Term”), and, thereafter, one (1) term not to exceed three hundred sixty-four (364) days (the “364-Day Term”), upon the same terms of this Agreement. In no event shall the Term, including any extension, exceed five (5) years. The “Term” of this Agreement shall be the total time for which the Agreement remains in force and effect under the Initial Term, 1-Year Extension Terms (if applicable), and the 364-Day Term (if applicable).

3. Termination. Either Party may terminate this Agreement upon an uncured default by the other Party after a thirty (30) day notice and opportunity to cure the default. Either Party may further terminate this Agreement if applicable law, rule, or regulation requires such ATTACHMENT 254 CLICK HERE to Return to Agenda
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termination. Upon termination of this Agreement, Company shall surrender the City Property to City in substantially the same condition, reasonable wear and tear excepted, as existed as of the Effective Date, except for damages caused by casualty addressed in Section 4. Notwithstanding the foregoing, upon termination of this Agreement, the City Manager or designee in their sole discretion may (1) direct Company to leave any existing Improvement(s) (defined in Section 8) on the City Property, and/or (2) require Company to remove any existing Improvement(s) on the City Property. Any Improvements retained pursuant to clause one of the preceding sentence shall become part of the City Property.

4. Destruction of City Property. In the event the City Property is wholly or partially destroyed by casualty so as to render the City Property not tenantable, either City or Company may, in their respective sole and absolute discretion, terminate this Agreement upon written notice delivered within thirty (30) days from such casualty without further liability of either Party to the other Party. In the event that Company elects to terminate this Agreement, Company shall surrender the City Property to City and Company shall pay City rent, prorated on a daily basis, up to and including the date of Company’s written termination notice. Notwithstanding the previous sentence, Company shall remain liable for the damage caused by itself or anyone acting on its behalf, and City shall have no liability to Company for any interruption of business caused by any damage or destruction of the City Property.

5. Rent.
a. Rent. Company shall pay to City a sum of $1,000 per month for the City Property (the “Monthly Rent”). Monthly Rent shall be due on the first (1st) day of each month beginning on [INSERT DATE] (“Rent Commencement Date”). In the event the Rent Commencement Date is not the first (1st) day of the month, Monthly Rent for the days before the first (1st) day of the next month shall be prorated and included in the Monthly Rent for the first full month. It shall be a default of this Agreement in the event Company fails or refuses to pay Monthly Rent within fifteen (15) days after it becomes due. For purposes of this Agreement, any and all payments due to City by Company under this Agreement shall be included as “Rent” and, unless otherwise expressly provided herein, shall be due and payable to the City when the Monthly Rent shall be due and payable pursuant to this Section 5. b. Security Deposit. No later than ten (10) days from the Effective Date of this Agreement, Company shall deposit with City a sum equal to one month’s Monthly Rent as a security deposit for the full and faithful performance of Company’s obligations under this Agreement. If Company defaults with respect to any provision of this Agreement, including but not limited to failure to pay Rent, City may use, apply, and/or retain all or any portion of the security deposit for the payment of any Rent or other sum in default, or for the payment of any other amount that City may be obligated to spend or become obligated to spend by reason of Company’s default, or to compensate City for any other loss or damage that City may suffer by reason of Company’s default. If any portion of the security deposit is so used or applied by City, Company shall have ten (10) days after written demand therefore by City to deposit funds in the amount sufficient to restore the security deposit to its original amount. Company’s failure to timely deposit said balance of funds to restore the security deposit to its original amount shall be a default of this Agreement. Company shall not be entitled to interest on the security deposit. If Company fully and faithfully performs every provision of his Agreement to be performed by 55 CLICK HERE to Return to Agenda
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Company, the security deposit (or any balance thereof) shall be returned to Company within thirty (30) days of the surrender by Company of the City Property to City in accordance with this Agreement.

6. Permitted Uses. Company may use the City Property for Company’s exclusive parking use during the Term, including for visitor and staff parking for Old Town La Quinta.

Company shall not permit the City Property to be used for any illegal purpose, or in such a manner as to constitute a nuisance to others. Notwithstanding Company’s right to use the City Property, City shall have no obligation to enforce any unpermitted parking in the City Property.

Company shall cause its parking facilities on the City Property to be operated in a proper and efficient business manner, and in accordance with all applicable laws. Company shall be responsible for the day-to-day management and operation of the parking facilities on the City Property. Company shall be responsible for all costs related in any way to the parking facilities on the City Property, and shall provide at its sole cost and expense all signage, facilities, equipment, supplies, materials, staffing, training, and instruction necessary for such parking facilities.

7. Condition of City Property, Maintenance and Security. Company accepts the City Property “as-is” in the condition in which the same exist upon the Effective Date of this Agreement, in a manner consistent with Exhibit “A” hereto, including without limitation paving, landscaping, lighting, security, striping and other conditions consistent with use of a City Property as may be required under the City’s Municipal Code. City shall have no responsibility to improve the City Property to be suitable for parking use, or to maintain the City Property arising from Company’s use thereof. City shall not be responsible for providing any security measures or personnel in the City Property. Company agrees to bear any, and all risks, costs and expenses incurred to complete any investigation or diligence required for the Company, and Company is not relying on any information, communication, representation or warranty of City, its employees or agents, whatsoever in entering into this Agreement. During the Term, Company shall maintain the City Property (and any Improvements thereupon) in good repair and condition and in a manner compliant with all applicable laws, and shall be solely responsible at all times for monitoring the conduct and ensuring the safety of the City Property.

8. Improvements. At Company’s sole cost and expense, Company may improve the City Property pursuant to this Section 8.
a. Scope of Improvements, City Approval. Company shall submit to City’s City Manager or designee plans and specifications for any modifications or improvements Company desires to make to the City Property (each an “Improvement” and collectively the “Improvements”). All improvements shall be appropriate to the uses permitted pursuant to Section 6 of this Agreement and shall be designed and constructed in a manner which is consistent and harmonious with the surrounding area. The City Manager or designee, in their sole discretion, may approve, reject, or require modification to any Improvements Company proposes on the City Property. Company may not construct any Improvements on the City Property without the prior written consent of the City Manager or designee. b. Government Approvals. City’s consent to Improvements provided pursuant to this Agreement is not in lieu of any necessary approval, permit, or other consent required by any 56 CLICK HERE to Return to Agenda
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applicable law. Company shall be independently responsible for obtaining the requisite government approvals (if any) for the Improvements.
c. Contractors. All contractors and subcontractors performing work on the Improvements shall be licensed contractors in accordance with all applicable laws, possessing good labor relations, capable of performing quality workmanship. d. Materials. Company shall use only new, first-class materials for the Improvements, except where explicitly approved by City in writing. All work shall be done in a good and workmanlike manner. Company shall obtain contractors’ warranties of at least one (1) year duration from the completion of the work against defects in materials and workmanship. e. Schedule of Work. Once any work on Improvements has been commenced by or under Company, Company shall cause such work to be diligently prosecuted to completion, at no cost or expense to City, in a good and workmanlike manner according to and in conformity with this Agreement and all applicable laws. f. Ownership of Improvements. All Improvements shall, during the term of this Agreement, remain the property of Company. If pursuant to Section 3 hereof, City directs Company to leave any Improvements on the Property after termination of this Agreement, ownership of such Improvements shall automatically pass to City upon termination. g. Removal. Company shall have no right at any time to waste, destroy, demolish or remove any of the Improvements without the prior written consent of City’s City Manager or designee.

9. Entry and Inspection. City and its employees, representatives, agents, and consultants shall have the right to enter the City Property for the purpose of inspecting the same, to post notices of non-responsibility, to exercise any rights under this Agreement.

10. Indemnification.
a. Indemnification of City. Company shall indemnify, defend, and hold harmless City and its officers, officials, employees, agents, or representatives (collectively the “City Indemnitees”) against any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity arising out of or relating to (i) any activity or work done, permitted, or suffered on the City Property, including construction, maintenance, and use of any Improvements; (ii) use of the City Property and/or Improvements by Company and its officers, officials, employees, agents, representatives, invitees, patrons, or sub-licensees; or (iii) the acts or omissions of Company or its officers, officials, employees, agents, or representatives acting in an official capacity. This indemnity shall specifically include the right to indemnification for any claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity arising from the acts or omissions, whether negligent, reckless, willful or otherwise, of any third party when such third party is or was on or about the City Property. Notwithstanding the forgoing sentences, Company shall have no obligation to indemnify, defend, and hold harmless the City Indemnitees for any claim, demand, cause of action, damages, costs, expenses, losses and liabilities arising from or relating to (i) a pre-existing environmental condition concerning hazardous substances on or under the City Property; or (ii) any active negligence or 57 CLICK HERE to Return to Agenda
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willful misconduct of City Indemnitee(s) while on or about the City Property. The policy limits of any insurance of Company, or other parties, are not a limitation upon the Company’s obligation to indemnify the City as set forth in this Agreement. b. No Indemnification of Company. Except as provided by law, there is no indemnification provided by City to Company under this Agreement.

11. Insurance. Company shall procure and maintain for the duration of the Term and at no cost or expense to City the following insurance or, with the City’s approval that shall not be unreasonably withheld, self-insurance with comparable insurance coverage as set forth below:
a. Comprehensive general liability insurance with respect to the City Property and the operations of or on behalf of Company or its agents, representatives, officers, directors, and employees in, on or about the City Property in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury, personal injury, death and property damage liability, subject to such increases in amount as City may reasonably require from time to time. The policy or policies shall include that City and its officers, officials, members, employees, representatives, and agents shall be named as additional insureds under such policy or policies, with an endorsement evidencing some, and shall provide that such policy or policies shall not be terminated unless thirty (30) days’ notice has been provided to City; b. Worker’s compensation coverage as required by the laws of the State of California together with employer’s liability coverage; and c. With respect to items of personal property located on or in the City Property, insurance against fire, peril, or flood, extended coverage, vandalism and malicious mischief, and such other additional perils, hazards and risk as now are or may be included in standard “all risk” forms in general use in Riverside County, California, for an amount equal to not less than the full current actual replacement cost thereof. City shall be named as an additional loss payee under such policy or policies and such insurance shall contain a replacement cost endorsement. d. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee in their sole discretion.
e. A copy of each paid-up policy evidencing such insurance (appropriately authenticated by the insurer) or, if approved by the City Manager or designee, a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, as well as accompanying endorsements, shall be delivered to City prior to the date Company is given the right of possession of the City Property or as City may otherwise require, and upon renewals, not less than thirty (30) days prior to the expiration of such coverage.
f. If Company is self-insured, Company shall provide evidence of said insurance to the City Manager or designee prior to the date Company is given the right of possession of the 58 CLICK HERE to Return to Agenda
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City Property or as City may otherwise require, and upon renewals, not less than thirty (30) days prior to the expiration of such coverage.

12. Liens and Encumbrances. Company shall not create or cause to be imposed, claimed, or filed upon the City Property or any portion thereof, or upon City’s interest therein, any lien (including mechanic’s liens), charge or encumbrance whatsoever. If, because of any act of omission of Company, any such lien, charge or encumbrance shall be imposed, claimed or filed, Company shall promptly, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise) and, to the extent permitted by law, Company shall indemnify and save and hold City harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorney’s fees resulting from Company’s failure to satisfy or release such claim in a reasonable time or to defend any action or proceeding on behalf of City, at both trial and all appellate levels, resulting or on account thereof and therefrom. Upon notice from City, Company shall defend any action or proceeding on behalf of City at Company’s expense by counsel selected by City which is reasonably acceptable to Company. The provisions of this Section shall survive the expiration or termination of this Agreement. In the event that Company shall fail to comply with the foregoing provisions of this Section, City shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Company agrees to reimburse City, upon demand, for all sums so paid and for all costs and expenses incurred by City in connection therewith, together with interest thereon not to exceed three percent (3%) per annum, or the maximum amount permitted by applicable law, whichever is lower, until paid.

13. Taxes and Utilities. Company hereby agrees to pay, if any, sales and use, transactions and use, and property taxes and assessments levied against the City Property, and any and all utility services that Company may procure, for the use and operation as authorized under this Agreement.

14. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either Party is prevented or delayed by reason of any act of God, strike, lockout, pandemic, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment of Rent by Company as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the Party required to perform the act.

15. Defaults and Remedies.
a. The following shall constitute a default of Company under this Agreement:
i) The vacating or abandonment of the City Property by Company; 59 CLICK HERE to Return to Agenda
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ii) The failure by Company to pay, by the dates and in the manner herein prescribed, the Rent or any other monetary charges or payments that Company has the obligation to pay under this Agreement, and said Rent or other monetary charges or payments are not paid within ten (10) days after the deadline to make said payment; iii) Company’s failure to perform any other non-monetary or payment obligation under this Agreement, and Company fails to cure said obligation within a reasonable time, but in no event later than thirty (30) days after City delivers written notice of such failure to Company, or, if performance cannot be completed with thirty (30) days, Company commences to cure the identified default within thirty (30) days after receipt of such notice and thereafter diligently prosecutes such cure to completion;
iv) The filing of any voluntary or involuntary proceedings in bankruptcy or otherwise under the National Bankruptcy Act, which are not dismissed within sixty (60) days of such filing;
v) The recording against the City Property of any lien or encumbrance, in violation of Section 11 of this Agreement, and Company fails to remove said lien or encumbrance within ten (10) days of recording.
b. In the event of an uncured default of this Agreement by Company, City shall have the following rights and remedies:
i) The Agreement shall continue in effect as long as City does not terminate Company’s rights to possession of the City Property, and City may enforce all of its rights and remedies, including the right to recover unpaid Rent and other amounts payable by Company under this Agreement as they become due and payable; ii) For as long as City does not terminate Company’s rights to possession of the City Property (which, if City does so terminate, City may only do so by having notified Company of the same in writing), Company shall have the right to assign its interest in this Agreement and/or sublet the City Property subject to the terms and conditions for such assignment and sublet set forth in Section 15 of this Agreement, provided all defaults are cured prior to the effective date of any such assignment or sublet; iii) City may terminate this Agreement, and in such event, City may declare this Agreement and Company’s right to possession terminated and re-take the City Property, and remove (if any) Company’s property therefrom and either dispose of the same and retain the proceeds thereof as may be allowed by law, or store the same for Company at Company’s sole cost and expense; and
iv) In the event City elects to terminate this Agreement and Company’s right to possession, or Company’s right to possession is otherwise terminated by operation of law, City may recover as damages from Company the following:
(1) The worth at the time of award of the unpaid Rent which had been earned at the time of termination;
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(2) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Company proves could have been reasonably avoided; (3) The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Company proves could be reasonably avoided; and (4) Any other amount necessary to compensate City for all the detriment proximately caused by Company’s failure to perform Company’s obligations under this Agreement and/or which in the ordinary course of things would be likely to result therefrom, including but not limited to costs and expenses incurred by City in recovering possession of the City Property, repairing the City Property for reletting or use, as well as any other fees (such as attorney’s fees, broker’s fees, and the like) in exercising any of City’s rights and remedies under this Agreement.
v) For purposes of this Agreement, the “worth at the time of award” of the amounts referred above is governed by Civil Code section 1951.2. Pursuant thereto, the worth at the time of award for subparagraphs (1) and (2) in paragraph iv) above is computed by allowing interest at the maximum rate allowed under California law, and the worth at the time of award of the amount referred to in subparagraph (3) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
vi) Any efforts by City to mitigate the damages caused by Company’s default or breach of this Agreement shall not waive City’s right to recover damages under the foregoing provisions.
vii) Nothing in this Section 14 of this Agreement affects the right of City to indemnification for liability arising prior to the termination of this Agreement for personal injuries or property damage and set forth elsewhere in this Agreement. viii) The foregoing remedies for the City shall not be exclusive but shall be cumulative and in addition to all rights and remedies now or hereafter provided or allows by California law, including but not limited to Civil Code sections 1951.2 and 1951.4. ix) Company covenants that, upon the termination of this Agreement by City after an uncured default by Company, Company shall surrender and deliver to City the City Property peaceably and quietly.
x) Company hereby waives any right of redemption or relief from forfeiture under Code of Civil Procedure sections 1174 and 1179, or under any other current or future law regarding the same, in the event that Company is evicted or City takes possession of the City Property by reason of any default and/or breach by Company. c. City shall not be in default unless City fails to perform obligations required of City under this Agreement within a reasonable time, but in no event later than thirty (30) days after Company delivers written notice of such failure to City, or, if performance cannot 61 CLICK HERE to Return to Agenda
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be completed with thirty (30) days, City commences to cure the identified default within thirty (30) days after receipt of such notice and thereafter diligently prosecutes such cure to completion. Notwithstanding any default by City, Company shall have no right to terminate this Agreement unless, by mutual consent of the Parties, the Agreement is to be terminated, and Company shall have no right to claim any offset or deduction against the Rent or other amounts payable by Company as set forth in this Agreement.

16. General Provisions.
a. Authority. Each Party represents and warrants to the other that said Party has full right and authority to enter into this Agreement, and that said Party’s entry into this Agreement does not require permission or consent of any third-party and does not violate any other agreements to which said Party is bound.
b. Compliance with Law. Company shall at all times comply with all Federal, State, and local laws applicable to Company’s use of the City Property.
c. Attorney’s Fees. In the event either Party brings an action at law or in equity, including any action for declaratory relief, to enforce the provisions of this Agreement against the other Party, the prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees, costs and expenses incurred in connection with the prosecution or defense of such action which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled under law.
d. Entire Agreement. This Agreement sets forth the entire agreement of the Parties with respect to Company’s use of the City Property and supersedes all prior discussions, negotiations, understandings, or agreements relating thereto.
e. Severability. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and shall not be affected, impaired or invalidated thereby. f. Waiver. No waiver of any breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other term or condition contained in this Agreement. No extension of the time for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement shall be enforceable against either of the Parties hereto, unless made in writing and executed by both Parties. 62 CLICK HERE to Return to Agenda
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g. Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement.
h. Assignment, Subletting. Company may not assign this
Agreement or sublet the City Property without the prior written consent of City, which may be granted or withheld in City’s sole and absolute discretion. Any assignment or sublease in violation of this Section shall be null and void. City may assign this Agreement in the event of a change of ownership of the City Property.
i. Binding on Successors. This Agreement shall apply to and be binding upon the heirs, successors, executors, administrators, and permitted assigns of each of the Parties hereto.
j. Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Company shall survive the expiration or termination of this Agreement.
k. Administration of Agreement. The City Manager or
authorized designee shall have the authority to execute this Agreement and any other documents or approvals necessary to effectuate the purpose of this Agreement, and the City Manager may administratively approve and execute amendments which do not result material changes to the Term or payments required for Rent. The City Manager may refer any matter subject to the City Manager’s or authorized designee’s approval to the City Council. l. Choice of Law; Litigation Matters. The Superior Court of the State of California for the County of Riverside shall have the exclusive jurisdiction of any litigation between the Parties arising out of this Agreement.

This Agreement shall be governed by, and construed under, the internal laws of the State of California without regard to conflicts of law principles. Service of process on the City shall be made in the manner required by law for service on a public entity.
m. No Partnership or Joint Venture. Nothing in this Agreement shall be construed to render City in any way or for any purpose a partner, joint venturer, or associate in any relationship with Company, nor shall this Agreement authorize either Party to act as an agent for the other. n. Non-Liability of Officers, Officials, and Agents. No officer, official, employee, agent, or representative of either City or Company shall be personally liable to the other Party, or any successor or assign of same, in the event of any default or breach by either Party, or for any amount which may become due to the other Party, or any successor or assign of same, or for breach of any obligation of the terms of this Agreement.
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o. Covenant Against Discrimination. Company covenants for itself, successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, ancestry, or any other protected class or characteristic under Federal or State law, in the performance of this Agreement.
p. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
q. Notices. notices required to be delivered under this Agreement or under applicable law shall be personally delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery.

Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the third business day following dispatch. Notices delivered by e-mail shall be effective the following day, provided there is confirmation of receipt of said email by the Party sending the e-mail. Notices shall be delivered to the following addresses, which may be changed from time to time upon written notice to the other Party:

To City:

City of La Quinta
Attn: City Manager
78495 Calle Tampico
La Quinta, CA 92253
e-mail: [email protected]
With a copy to:

Rutan & Tucker, LLP
Attn: William H. Ihrke, Esq.
18575 Jamboree Rd., 9th Floor
Irvine, CA 92612
e-mail: [email protected]
To Company [INSERT]
With a copy to: [INSERT]
r. Time of Essence. Time is of the essence in the performance of this Agreement.
s. Recitals and Exhibits. The Recitals above and all exhibits attached hereto are hereby incorporated into the Agreement by this reference. t. Construction. Headings at the beginning of each section and sub-section of this Agreement are solely for the convenience of and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by 64 CLICK HERE to Return to Agenda
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one or the other of the Parties, but rather as if both Parties prepared this Agreement. If the date on which a Party is required to take any action pursuant to the terms of this Agreement is not a business day of City, the action shall be taken on the next Agreement business day of City.
[Signature page to follow]
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above.

CITY OF LA QUINTA,
a California municipal corporation
____________________________
By: _________________________
Title: ________________________
Dated: _______________________
OLD TOWN LA QUINTA, LLP, a California
limited lability company
____________________________
By: _________________________
Title: ________________________
Dated: _______________________
ATTEST:
____________________________
By: Monika Radeva
Title: City Clerk
____________________________
By: _________________________
Title: ________________________
Dated: _______________________
APPROVED AS TO FORM:
____________________________
By: William H. Ihrke
Title: City Attorney
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19800430.2 a11/15/23 EXHIBIT “A”
EXHIBIT "A"

DEPICTION OF CITY PROPERTY
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City of La Quinta
CITY COUNCIL MEETING:

STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDING AND APPROVE AGREEMENTS FOR

CONTRACT SERVICES WITH GRANITE CONSTRUCTION COMPANY FOR SEVERAL EMERGENCY ROAD REPAIRS THROUGHOUT THE CITY, PROJECT NO. 2023-20

RECOMMENDATION
Appropriate $750,000 and approve Agreements for Contract Services with Granite Construction Company for emergency road repairs of unexpected substantial pavement sink holes throughout the City; and authorize the City Manager to execute the agreements and approve future change orders within the projects’ budget amounts.

EXECUTIVE SUMMARY
 Several emergency road repairs were identified, one in August 2023 and additional ones following Tropical Storm Hilary and the rainstorm immediately thereafter, which were completed by Granite Construction Company (Granite).  In accordance with the City’s Purchasing and Contracting Policy (Policy), the City Manager or designee has the authority to make immediate purchases of goods and services in the event of an emergency, and Council shall ratify emergency procurement and spending.
 The City is currently seeking State and Federal Funding to supplement the emergency repair costs.

FISCAL IMPACT
Project No. 2023-20 is not part of the City’s Capital Improvement Program (CIP). Funding is requested in the amount of $750,000 from the General Fund to supplement the Road Repairs account (201-7003-72111). Project No. 2023-20 will be used to track expenses for emergency repairs related to Tropical Storm Hilary and to request state and federal reimbursement, if and when it becomes available. The following is the requested project budget:

Total Budget
Construction 1: Washington St, north of Avenue 47 $ 161,240 Construction 2: Multiple sink holes following Tropical Storm Hilary $ 479,023 Contingency: $ 109,737
Total Budget: $ 750,000
CONSENT CALENDAR ITEM NO. 9
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BACKGROUND/ANALYSIS
Granite was awarded the contracts for Avenue 50 and Avenue 52 Pavement Rehabilitation Project Nos. 2022-01 and 2022-14 and Fred Waring Drive Pavement Rehabilitation Project No. 2022-03, following a competitive bidding process.

A large sink hole, 12 ft. by 80 ft. and 5 ft. deep, developing north bound on Washington Street, north of Avenue 47, along the east side of the road near the gutter pan (Attachment 1), needed emergency repair as it was posing immediate threat to life or property. The City executed an emergency Agreement for Contract Services in the amount of $161,239.51 on August 16, 2023, with Granite (Attachment 2).

Due to Tropical Storm Hilary and the rainstorm immediately thereafter, multiple sink holes appeared throughout the City (Attachment 1) that required emergency repairs; the locations are as follows:
 Monroe Street, south of Avenue 58 and Avenue 50, east of Jefferson Street;  Avenue 62 and SilverRock Way; and
 Washington Street, South of Avenue 47.

An Agreement for Contract Services is enclosed as Attachment 3 for these repairs, which have been completed.

Since Granite was already doing road work in the areas needing the emergency repairs, Granite was tasked with completing the emergency work in between projects.

In accordance with the City’s Policy, Resolution No. 2023-008, Council shall ratify emergency procurement and spending. Pursuant to the Policy, the City Manager or designee has the authority to make immediate purchases of goods and services in the event of an emergency, to prevent imminent danger or to prevent or mitigate the loss or impairment of life, health, property, or essential public services; and the City is not required to engage in either formal or informal competitive bidding in an emergency.

The City is currently seeking State and Federal Funding to supplement the emergency repair costs.

ALTERNATIVES
As these road repairs are necessary to provide quality and safe essential public infrastructure, staff does not recommend an alternative.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map

2. Agreement with Granite for Washington St, north of Avenue 47 Sink Hole

3. Agreement with Granite for additional sink holes
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Monroe Sink Hole Damage
Dig-out and repair sink holes and remove and replace

4.5" AC Paving over recompacted base
Legend
CD Farms
Dig-out 1 20'x20'x5'
Dig-out 2 58'x20'x4'
Dig-out 3 20'x20'x6'
Remove and Replace 4.5" AC
600 ft
N
➤
ATTACHMENT 1 ATTACHMENT 1
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Washington Pavement
Damage
12" Pulverization, Grade, and Pave 5" AC
Legend
12" Pulverization, Grade, and Pave 5" AC
Century Theatres
400 ft
N
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Ave 50 Sink Hole Damage
Dig-out and repair sink hole and remove and replace

4.5" AC Paving over concrete slurry (assumed 5' wide
along edge of roadway)
Legend
Dig-out 12'x14'x4'
Ralphs Pharmacy
700 ft
N
➤
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Ave 62 Sink Hole Damage
Dig-out and repair sink hole and remove and replace

4.5" AC Paving over concrete slurry (assumed 4' wide
along edge of roadway)
Legend
Dig-out 100'x25'
500 ft
N
➤
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ATTACHMENT 2
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ITEM
1 2
3 4
5 6
7 GRAlllTE.

CA License 89
Ciranitc C2ns1n1qjon qm1x,Ql!
38000 Monroe Seiser
[email protected]
760-501-1716

DESCRIPTION QUAN
MOBILIZATION 1.000
TRAFFIC CONTROL 1.000
DEMO ASPHALT 960.000
DIRT EXCAVATION 177.780
SLURRY VOID 177.780
AC PAVING4.5" 27.000
C&G R&R 80.000
UNIT
LS
LS
SF
CY
CY
TN
LF
Proposal
July 17, 2023
PROJECT AVENUE 50 & AVENUE 52 PAVEMENT

REHABILITATION
Washington St Emergency work
La Quinta, CA
PRl•:P \Ill \I) FUR City of La Quinta
Ubaldo Ay6n
[email protected]
(760)275-2789

UNIT BXTPRICB PBJCB
$5,000.00
$17,111.08
$ 13.41
$ 115.33
$ 311.00
$ 997.64
$ 294.07
$5,000,00
$17,111.08
$12,873.60
$20,503.37
$55,289.58
$26,936.28
$23,525.60
TOTAL: $161,239.51
General Conditions

1. Granite's proposal assumes that mutually agreeable commercial and legal terms and conditions will be reached. The complete terms and conditions of this proposal shall be included in any contract or subcontract prepared by General Contractor.

2. All operations based upon normal working hours and shifts (unless otherwise noted), availability of materials and equipment, weather and ground conditions permitting. Our price does not include weather delays.

3. Assumes a mutually agreed schedule will be reached. Our price does not include accelerations, including but not limited to overtime/weekend work, additional crews, etc.

4. Multiple materials are experiencing supply chain interruptions. Our price does not include accelerations or premiums to mitigate potential impacts due to material availability.

5. Assumes project will not have a CCIP or OCIP.

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6. Granite Construction is not responsible for areas destroyed or damaged by other contractors, weather, acts of God or anything beyond our control. Our prices do not include allowances for loss of production or repairs due to inclement weather.

7. Excludes bond, engineering, inspections, permit fees, survey, material testing, construction water costs, handling, removal, storage or transportation of hazardous and/or toxic materials.

8. Includes 1 year warranty from completion of Granite's work.

9. Excludes SWPPP and PM-10 plans, BMPs and any inspections.

10. Proposal good for 30 days.

11. Labor and equipment prices good through December 31st, 2023.

Specific Conditions & Assumptions

12. Trench Work is assumed to be 12'x80', 5' deep. All dirt will be hauled off from site.

13. 2sack-Slurry backfill to be used and pumped with 28m concrete pump.

14. First lane of traffic on Washington to be closed and vehicle merged to lane 2, 1 ea Arrowboard provided. Craft vehicle parking to be provided by the client.

15. Concrete curb removal and replacement will be performed only if needed and at inspectors' discretion and direction.

16. ½" AC mix material approved for Ave 50 & 52 to be used and installed in two lifts. No grade changes, paving to existing conditions. Survey excluded. Paving is assumed to be performed together with Washington St scope of work for Fred Waring project. Any gaps in days in timeline or overtime hours for this work will result in additive Change order to Granite for overtime hours and unproductive work through T&M.

17. 1 day of potholing included. Any unknown utilities and conflicts to be addressed with additive T&M change order.

18. No trench plating provided due to the size of the trench, contractor will install water barriers on vehicle side and chain link fence on sidewalk side.

19. It is mutually agreed that Washington Scope of work for Fred Waring project will not start the project calendar days until Granite starts construction at Fred Waring scope of work.

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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 Granite Construction Company, with a place of business at 38000 Monroe Street, Indio, CA 92203 (“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 Emergency Road Repairs, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

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

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

Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be ATTACHMENT 3
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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.

Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.
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1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Four Hundred Seventy-Nine Thousand Twenty-Three Dollars and Forty Cents ($479,023.40), for the life of the Agreement (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

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

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the 111 CLICK HERE to Return to Agenda
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Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

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

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

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

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on August 8, 2023, and terminate on December 31, 2023 (“Initial Term”).

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 112 CLICK HERE to Return to Agenda
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Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Granite Construction Company
38000 Monroe Street
Indio, CA 92203
ATTN: Igor Srdic
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: Ubaldo Ayon
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as the Public Safety Manager or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the 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 113 CLICK HERE to Return to Agenda
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transfer shall release Contracting Party of any liability hereunder without the express consent of City.

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

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

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

5. INSURANCE.

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

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

6. INDEMNIFICATION.

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

7. RECORDS AND REPORTS.

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

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and 115 CLICK HERE to Return to Agenda
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enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

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

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

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

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

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

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

Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.

8. ENFORCEMENT OF AGREEMENT.

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

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long 117 CLICK HERE to Return to Agenda
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as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

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

8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement.

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

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

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

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services 118 CLICK HERE to Return to Agenda
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authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

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

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

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

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

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

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 119 CLICK HERE to Return to Agenda
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No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS.

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

To City:

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

GRANITE CONSTRUCTION COMPANY
Attention: Igor Srdic
38000 Monroe Street
Indio, California 92203

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

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

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

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

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

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

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

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

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Exhibit A
Scope of Services
Emergency repair of unexpected substantial pavement sink holes throughout the City of La Quinta, posing immediate threat to life or property. The scope of work is detailed in attached proposal by Granite Construction Company, dated August 24, 2023. 123 CLICK HERE to Return to Agenda
Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 124 CLICK HERE to Return to Agenda
Exhibit A

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its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.

Contracting Party shall require the same of all subcontractors.

2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.

3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 125 CLICK HERE to Return to Agenda
Exhibit A

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(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 126 CLICK HERE to Return to Agenda

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CA License 89
Proposal
Granite Construction Company
38000 Monroe Street
[email protected]
760-501-1716 PROJECT
August 24, 2023,
La Quinta Sinkhole Emergency work
La Quinta, CA
PREPARED FOR City of La Quinta
Ubaldo Ayón
[email protected]
(760)275-2789

ITEM DESCRIPTION QUAN UNIT EXT PRICE
1 MOBILIZATION/DEMOBILIZATION ALL SITES 1.000 LS $51,520.00 2 MONROE & 58 EXC AND PAVE 1.000 LS $90,141.24
3 AVE 62 EXC & PAVE 1.000 LS $186,710.71
4 EX & PAVE 50 & JEFFERSON 1.000 LS $70,235.2
5 PULVERIZE & PAVE WASHINGTON & 47 1.000 LS $80,416.25
TOTAL: $479,023.40
General Conditions

1. Granite’s proposal assumes that mutually agreeable commercial and legal terms and conditions will be reached. The complete terms and conditions of this proposal shall be included in any contract or subcontract prepared by General Contractor.

3. Assumes a mutually agreed schedule will be reached. Our price does not include accelerations, including but not limited to overtime/weekend work, additional crews, etc.

4. Multiple materials are experiencing supply chain interruptions. Our price does not include accelerations or premiums to mitigate potential impacts due to material availability.

5. Assumes project will not have a CCIP or OCIP.

7. Excludes bond, engineering, inspections, permit fees, survey, material testing, construction water costs, handling, removal, storage or transportation of hazardous and/or toxic materials. 127
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8. Includes 1 year warranty from completion of Granite’s work.

9. Excludes SWPPP and PM-10 plans, BMPs and any inspections.

10. Proposal good for 30 days.

11. Labor and equipment prices good through December 31 st, 2023.

Specific Conditions & Assumptions

12. Trench Work is assumed to be 5’ deep. All dirt will be hauled off from site.

13. 2sack-Slurry backfill to be used and pumped with 28m concrete pump.

14. Traffic Engineer TCP stamp excluded.

15. Concrete curb removal and replacement will be performed only if needed and at inspectors’ discretion and direction.

16. ½” AC mix material approved for Ave 50 & 52 to be used and installed in two lifts. No grade changes, paving to existing conditions. Survey excluded.

17. Potholing to be determined on site.

18. Pricing for budgetary purposes only, actual work will be performed on T&M. Pricing is NOT “not to exceed price” as contractor is dealing with unknown site conditions.
128
CLICK HERE to Return to Agenda
Date: 10/3/2023
Job Description: Job No.

To: CITY OF LA QUINTA, CALIFORNIA
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
Work Completed
Through:

Attn: Ubaldo Ayón
Contract Contract Percent
Item Description Quantity Units Unit Price Amount Quantity Amount Quantity Amount Quantity Total Complete 1 Mobilization 1.00 LS $ 25,760.00 25,760.00 0.00 $0.00 0.00 $ - 0.00% 2 Management 4.00 WK $ 5,500.00 22,000.00 0.00 $0.00 0.00 $ - 0.00% 3 T&M Work 1.00 LS $ 160,376.44 160,376.44 0.00 $0.00 0.00 $ - 0.00% 4 Pavement Markings 1.00 LS $ 10,000.00 10,000.00 0.00 $0.00 0.00 $ - 0.00%

0.00 $0.00 0.00 $ #DIV/0! -
TOTAL CONTRACT ITEMS $ 218,136.44 $0.00 $0.00 $0.00

CONTRACT CHANGE ORDERS
Contract Change Order CCO Percent
Item Description Quantity Unit Unit Price Amount Quantity Amount Quantity Amount Quantity Total Complete $ 0.00 - -$ -$ 0.00 $ #DIV/0! -
SUBTOTAL CONTRACT CHANGE ORDER $ - -$ -$ $ - $ -
TOTAL CONTRACT & CCO(S) $ 218,136.44 $0.00 $0.00 $0.00
Monroe/58 and Ave 50 East of Jefferson
Previous Total This Period Total-To-Date
July 30, 2023
Previous Total This Period Total-To-Date
1300610
EMERGENCY WORK 1
129 CLICK HERE to Return to Agenda
Date: 10/3/2023
Job Description: Job No.

To: CITY OF LA QUINTA, CALIFORNIA
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
Work Completed
Through:

Attn: Ubaldo Ayón
Contract Contract Percent
Item Description Quantity Units Unit Price Amount Quantity Amount Quantity Amount Quantity Total Complete Ave 62 and SilverRock
1 Mobilization 1.00 LS $ 25,760.00 25,760.00 0.00 $0.00 0.00 $ - 0.00% 2 Management 4.00 WK $ 5,500.00 22,000.00 0.00 $0.00 0.00 $ - 0.00% 3 T&M Work 1.00 LS $ 326,991.34 326,991.34 0.00 $0.00 0.00 $ - 0.00% 4 Pavement Markings 1.00 LS $ 10,000.00 10,000.00 0.00 $0.00 0.00 $ - 0.00%

0.00 $0.00 0.00 $ #DIV/0! -
TOTAL CONTRACT ITEMS $ 384,751.34 $0.00 $0.00 $0.00

CONTRACT CHANGE ORDERS
Contract Change Order CCO Percent
Item Description Quantity Unit Unit Price Amount Quantity Amount Quantity Amount Quantity Total Complete $ 0.00 - -$ -$ 0.00 $ #DIV/0! -
SUBTOTAL CONTRACT CHANGE ORDER $ - -$ -$ $ - $ -
TOTAL CONTRACT & CCO(S) $ 384,751.34 $0.00 $0.00 $0.00
Previous Total This Period Total-To-Date
July 30, 2023
Previous Total This Period Total-To-Date
1300610
EMERGENCY WORK 1
130 CLICK HERE to Return to Agenda
Date: 10/3/2023
Job Description: Job No.

To: CITY OF LA QUINTA, CALIFORNIA
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
Work Completed
Through:

Attn: Ubaldo Ayón
Contract Contract Percent
Item Description Quantity Units Unit Price Amount Quantity Amount Quantity Amount Quantity Total Complete Washington South of 47 $ #DIV/0! -
1 Mobilization 1.00 LS $ 12,880.00 12,880.00 0.00 $0.00 0.00 $ - 0.00% 2 Management 1.00 WK $ 5,500.00 5,500.00 0.00 $0.00 0.00 $ - 0.00% 3 T&M Work 1.00 LS $ 80,416.25 80,416.25 0.00 $0.00 0.00 $ - 0.00% 4 Pavement Markings 1.00 LS $ 10,000.00 10,000.00 0.00 $0.00 0.00 $ - 0.00% TOTAL CONTRACT ITEMS $ 108,796.25 $0.00 $0.00 $0.00

CONTRACT CHANGE ORDERS
Contract Change Order CCO Percent
Item Description Quantity Unit Unit Price Amount Quantity Amount Quantity Amount Quantity Total Complete $ 0.00 - -$ -$ 0.00 $ #DIV/0! -
SUBTOTAL CONTRACT CHANGE ORDER $ - -$ -$ $ - $ -
TOTAL CONTRACT & CCO(S) $ 108,796.25 $0.00 $0.00 $0.00
Previous Total This Period Total-To-Date
July 30, 2023
Previous Total This Period Total-To-Date
1300610
EMERGENCY WORK 1
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Exhibit B

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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Four Hundred Seventy-Nine Thousand Twenty-Three Dollars and Forty Cents ($479,023.40) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
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Exhibit C

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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
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Exhibit D

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Exhibit D
Special Requirements
None
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Exhibit E

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Exhibit E
Insurance Requirements

1.0 INDEMNIFICATION
Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnified Parties”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from:

1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors;

2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;

3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors;

4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and

5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City.

The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5).
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Exhibit E

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Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.

However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section.

This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable.

Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.
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Exhibit E

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2.0 INSURANCE REQUIREMENTS

2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below.

Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City.

Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract.

The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.

The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.

Contractor shall provide the following types and amounts of insurance:

2.2 Insurance
Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:

Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence)
$5,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
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Exhibit E

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Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

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

Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
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Exhibit E

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

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

Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer.

The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.

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

Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. 139 CLICK HERE to Return to Agenda
Exhibit E

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2.4 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:

1. Contracting Party agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises.

Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 140 CLICK HERE to Return to Agenda
Exhibit E

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7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.

8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City.

At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

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

12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
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13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

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

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

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

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

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

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

20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 142 CLICK HERE to Return to Agenda
Exhibit E

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21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

2.5 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to:

Jon McMillen, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
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Exhibit F

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

1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.

2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.

3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 145 CLICK HERE to Return to Agenda
Exhibit G

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Exhibit G
Terms and Conditions Applicable to Agreement Based On Federal Assistance (Federal Emergency Management Agency – FEMA)
G.1 Incorporation into Agreement. Notwithstanding any terms or conditions in the Agreement (which includes Exhibits A-F attached hereto) to the contrary, and subject to contractual construction consistent with Sections G.2 and G.3 herein, the following terms and conditions in this Exhibit G shall apply and be of full force and effect to Contracting Party (periodically also referred to in this Exhibit G as the “Vendor,” “vendor,” “Contractor” or “contractor”).

G.2 General FEMA Requirements. FEMA financial assistance will be used to fund all or a portion of the Agreement (periodically also referred to in this Exhibit G as the “Contract” or “contract”). The Contracting Party shall comply with all federal requirements including, but not limited to, the following:

1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

2. Federal Contract Provisions attached herein as this Exhibit G and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

During the performance of the Agreement, Contracting Party shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Exhibit, the terms “Agency” or “administering agency” shall mean the City as the local agency entering into the Agreement with the Contracting Party.
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A. LEGAL, CONTRACTUAL, AND ADMINISTRATIVE REMEDIES

FOR BREACH OF CONTRACT
Enforcement of the Agreement shall be in accordance with SECTION 8 of the Agreement, and City and Contracting Party shall be governed by those terms and conditions for notices of default, breach, and rights and remedies therein provided. In addition to the terms and conditions in SECTION 8 of the Agreement, the legal, contractual, and administrative remedies for breach of contract in this Section G.2(A) of this Exhibit G may be applicable, as set forth below.
(i) Contract Interpretation by the Contract Officer. Questions regarding the meaning and intent of the Agreement shall be referred in writing by the Contracting Party to the Contract Officer for the City. The Contract Officer shall respond to the Contracting Party in writing with a decision. If the Agreement does not specify a Contract Officer, or if the specified Contract Officer should not be involved in resolving contractual disputes based on the reasonable discretion of the City Manager, then the City Manager or City Manager’s authorized designee shall be the “Contract Officer” for purposes of this Exhibit G.
(ii) Claims. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the Contracting Party. (iii) Notice. If the Contractor disagrees with the Contract Officer’s decision in Section G.2(A)(i) above, or in any case where the Contracting Party deems additional compensation or a time extension to the Agreement period is due for work or materials not covered in the Agreement or which the Contract Officer has not recognized as extra work, the Contracting Party shall notify the Contract Officer, in writing, of his intention to make a claim. Claims pertaining to decisions provided in Section G.2(A)(i) above shall be filed in writing to the Contract Officer within five (5) days of receipt of such decision.

All other claims notices for extra work shall be filed in writing to the Contract Officer prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim." Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount. No claim filed after the date of final payment will be considered.

It is agreed that unless notice is properly given, the Contracting Party shall not recover costs incurred as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contracting Party should understand that timely notice of potential claim is of great importance to the 147 CLICK HERE to Return to Agenda
Exhibit G

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City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contracting Party’s increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contracting Party, and the fact that the Contract Office has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.
(iv) Submission of claim costs. Within 30 days after the last cost of work for which the Contracting Party contends additional compensation is due, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contracting Party shall submit to the Contract Officer the costs incurred for the claimed matter.

Claims shall be made in itemized detail satisfactory to the Contract Officer in content, detail and format of presentation. If the additional costs are in any respect not knowable with certainty, they shall be estimated. If the claim is found to be just, it shall be allowed and paid for as provided for in the Agreement.
(v) Affidavit required. All claims submitted to the City shall be accompanied with a type written affidavit containing the following language; it must be signed, dated, and notarized on the Contracting Party’s letterhead:
“I, (must be an officer) , being the (title) of (contractor's name) , declare under penalty of perjury under the laws of the state of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents, and said claim is made in good faith; the supporting data is truthful and accurate; the amount requested accurately reflects the contract adjustment for which the contractor believes the City of La Quinta is liable; and further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12560, Et Seq, pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences.”
(vi) Claim meetings. From time to time the Contract Officer may call special meetings to discuss outstanding claims. The Contracting Party shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the Contract Officer. (vii) Resolution of Claims. For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy five thousand 148 CLICK HERE to Return to Agenda
Exhibit G

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dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section, which is summarized in Sections G.2(A)(viii)-(xii) below. For claims greater than three hundred and seventy five thousand dollars ($375,000) Sections G.2(A)(viii)-(xi) are applicable; however, Section G.2(A)(xii) [Civil Actions for claims less than $375,000] is not applicable.
(viii) Claims Less Than $50,000.
(a) For claims of less than fifty thousand dollars ($50,000), the Contract Officer shall respond in writing to written claims within 45 days of receipt of the claim in Section G.2(A)(ii), or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contracting Party.
(b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the Contracting Party.
(c) The Contract Officer’s written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater. (ix) Claims Greater Than $50,000.
(a) For claims of over fifty thousand dollars ($50,000), the Contract Officer shall respond in writing to all written claims within 60 days of receipt of the claim in Section G.2(A)(ii), or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the
Contracting Party.
(b) If additional information is thereafter required, it shall be requested and provided pursuant to this paragraph, upon mutual agreement of the City and the Contracting Party. (c) The Contract Officer’s written response to the claim, as further documented, shall be submitted to the Contracting Party within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contracting 149 CLICK HERE to Return to Agenda
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Party in producing the additional information or requested documentation, whichever is greater.
(x) Claim Conference. If the Contracting Party disputes the Contract Officer’s written response, or if the Contract Officer fails to respond within the time prescribed, the Contracting Party may so notify the City, in writing, either within 15 days of receipt of the Contract Officer’s response or within 15 days of the Contract Officer’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute. (xi) Claim Filing. If the claim or any portion remains in dispute after the claim conference noted in Section G.2(A)(x) [Claim Conference], the Contracting Party may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contracting Party submits his or her written claim pursuant to Section G.2(A)(ii) [Claims] until the time the claim is denied, including any period of time utilized in the meet and confer process. (xii) Civil Actions for Claims Less Than $375,000. The following procedures are established for all civil actions filed to resolve claims for less than three hundred seventy five thousand dollars ($375,000):
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(b) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
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(c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in federal and state law relevant to the scope of services and obligations under this Agreement, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under the chapter, also pay the attorney's fees on appeal of the other party.
(xiii) Unresolved Issues. Unless this Agreement provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contracting Party that are not resolved between the City and the Contracting Party shall be decided by a court of competent jurisdiction. Should either party to this Agreement bring legal action against the other, the case shall be handled in Riverside County, California, in a court of competent jurisdiction in that county.
(xiv) Records of Disputed Work. In proceeding with a disputed portion of the Scope of Work, the Contracting Party shall keep accurate records of its costs and shall make available, to the Contract Officer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Contract Officer on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.

B. TERMINATION FOR CAUSE AND CONVENIENCE
Enforcement of the contract shall be in accordance with SECTION 8 of the Agreement, and City and Contracting Party shall be governed by those terms and conditions for termination for cause (Section 8.8) and termination for convenience (Section 8.7). In addition to the terms and conditions in SECTION 8 of the Agreement, the termination for cause and convenience in this Section G.2(B) of this Exhibit G may be applicable, as set forth below. (i) General Guidance for FEMA Contracts. If the Agreement is in excess of $10,000 and the Agreement does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the Agreement is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the Agreement is executed and does not provide for administrative, contractual, or legal remedies in instances where Contracting Party violates or breaches the terms of the Agreement, then the following termination clauses shall apply and have precedence over the Agreement. Otherwise, the following 151 CLICK HERE to Return to Agenda
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termination clauses in this Section G.2(B)(ii)-(v) shall not be applicable to the Agreement.
(ii) Termination for Convenience. The City may, by written notice to Contracting Party, terminate this Agreement for convenience, in whole or in part, at any time by giving written notice to Contracting Party of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the City, the City shall compensate Contracting Party for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Contracting Party shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Contracting Party prior to the effective date of termination. This Agreement shall terminate on the effective date of the Notice of Termination. (iii) Termination for Cause. If Contracting Party fails to perform pursuant to the terms of this Agreement, the City shall provide written notice to Contracting Party specifying the default (“Notice of Default”). If Contracting Party does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this Agreement for cause. If Contracting Party fails to cure a default as set forth above, the City may, by written notice to Contracting Party, terminate this Agreement for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Contracting Party shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Contracting Party's deficiencies and charge the cost thereof to Contracting Party, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees. (iv) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Contracting Party’s performance of the work.
(v) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Contracting Party shall promptly discontinue the work unless the Notice directs to the contrary.

Contracting Party shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including 152 CLICK HERE to Return to Agenda
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drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section G.2(B) are in addition to any other rights and remedies provided by law or under this Agreement. Contracting Party acknowledges the City’s right to terminate this Agreement with or without cause as provided in this Section G.2(B), and hereby waives any and all claims for damages that might arise from the City’s termination of this Agreement. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contracting Party shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates the Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Contracting Party shall be entitled to receive only the amounts payable under this Section G.2(B), and Contracting Party specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section G.2(B) shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under the Agreement including, but not limited to, the right to specific performance.

C. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the Agreement (“contract”), the Contracting Party (“contractor”) agrees as follows:
(i) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:

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applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(iii) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(iv) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this Section G.2(C), and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records, and accounts by the City (“administering agency”) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
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(viii) The contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; Provided, That if the contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part a grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the contractor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such contractor; and refer the case to the Department of Justice for appropriate legal proceedings.
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D. DAVIS-BACON ACT
During the performance of the Agreement (“contract”), the Contracting Party (“contractor”) agrees as follows:
(i) All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
(ii) Contractors are (and the contractor is) required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. (iii) Additionally, contractors are (and the contractor is) required to pay wages not less than once a week.

E. COPELAND ANTI-KICKBACK ACT
During the performance of the Agreement (“contract”), the Contracting Party (“contractor”) agrees to comply with the Copeland Anti-Kickback Act, as follows:
(i) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3, as may be applicable, which are incorporated by reference into this contract. (ii) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
During the performance of the Agreement (“contract”), the Contracting Party (“contractor”) agrees to comply with the Contract Work Hours and Safety Standards Act, as follows:
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(i) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Section G.2(F)(i) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Section G.2(F)(i) above, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section G.2(F)(i) above.
(iii) Withholding for unpaid wages and liquidated damages. The City, shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Section G.2(F)(i) above.
(iv) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in Sections G.2(F)(i)-(iv) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Sections G.2(F)(i)-(iv).
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G. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION

CONTROL ACT
During the performance of the Agreement (“contract”), the Contracting Party (“contractor”) agrees as follows:
(i) Clean Air Act
(a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(b) The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
(ii) Federal Water Pollution Control Act
(a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (b) The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency.
(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

H. DEBARMENT AND SUSPENSION
During the performance of the Agreement (“contract”), the Contracting Party (“contractor”) agrees as follows:
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its 158 CLICK HERE to Return to Agenda
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affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Any bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while any offer is valid and throughout the period of any contract that may arise from an offer subject to the requirements of this Exhibit G. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

I. BYRD ANTI-LOBBYING AMENDMENT
During the performance of the Agreement (“contract”), the Contracting Party (“contractor”) agrees as follows:
(i) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. (ii) Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(iii) If applicable, contractors must sign and submit to the City (the nonfederal entity) the following certification:

APPENDIX A, 44 C.F.R. PART 18–CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements. 159 CLICK HERE to Return to Agenda
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The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. 160 CLICK HERE to Return to Agenda
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_____________________________________
Signature of Contractor’s Authorized Official
_____________________________________
Name and Title of Contractor’s Authorized Official
_____________________________________
Date
J. PROCUREMENT OF RECOVERED MATERIALS
During the performance of the Agreement (“contract”), the Contracting Party (“contractor”) agrees as follows:
(i) In the performance of this contract, the contractor shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired— (a) Competitively within a timeframe providing for compliance with the contract performance schedule;
(b) Meeting contract performance requirements; or
(c) At a reasonable price.
(ii) Information about this requirement, along with the list of EPAdesignate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guidelinecpg-program. (iii) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the “Solid Waste Disposal Act.” K. ACCESS TO RECORDS
The following access to records requirements apply to the Agreement (“contract”):
(i) The Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 161 CLICK HERE to Return to Agenda
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(ii) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(iii) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (iv) In compliance with the Disaster Recovery Act of 2018, the City and Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

L. DHS SEAL, LOGO, AND FLAGS
The contractor shall not use the U.S. Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

M. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND

EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

N. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

OR RELATED ACTS
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.

G.3 Irreconcilable Terms and Conditions – Exhibit G Governs; All Other Terms and Conditions Applicable and Enforceable to the Maximum Extent. If any term or condition in the Agreement (which includes Exhibits A-F attached) is directly and irreconcilably inconsistent with a term or condition set forth in this Exhibit G, where a term or condition cannot be concurrently applied to the Scope of Services in furtherance of the Contracting Party’s performance 162 CLICK HERE to Return to Agenda
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of this Agreement, then the term or condition in this Exhibit G shall apply.

Except as provided in the preceding sentence, all terms and conditions in the Agreement shall continue to be in full force and effect, and applied along with the terms and conditions in this Exhibit G, to the maximum extent possible so as to give force and effect to each and every term and condition in the Agreement including this Exhibit G.
* * *
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44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

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1. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so 165 CLICK HERE to Return to Agenda
participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The City agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2. Compliance with Contract Work Hours and Safety Standards Act (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

3. Clean Air Act
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
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The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

4. Federal Water Pollution Control Act
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

5. Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

6. Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurementguideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
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7. Access to Records
The Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

8. DHS Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

9. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

10. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the nonFederal entity, contractor, or any other party pertaining to any matter resulting from the contract.

11. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract. 168 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED NOVEMBER 3 AND NOVEMBER 10, 2023

RECOMMENDATION
Approve demand registers dated November 3, and November 10, 2023.

EXECUTIVE SUMMARY – None

FISCAL IMPACT
Demand of Cash:

City $ 7,821,600.44
Successor Agency of RDA $ -
Housing Authority $ 21,541.17
$ 7,843,141.61

BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for November 3, and November 10, 2023.

Warrants Issued:
212303-212361 $ 2,107,817.56
212362-212404 $ 435,191.86
Wire Transfers $ 5,072,825.44
Payroll Tax Transfers $ 52,639.84
Payroll Direct Deposit $ 243,174.56
Payroll Check #37679 $ 92.35
Voids $ (68,600.00)
$ 7,843,141.61
One check was voided and reissued due to mail theft.

CONSENT CALENDAR ITEM NO. 10
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Vendor Account Name Amount Purpose
Granite Construction
Company(1)
Construction $886,904.32 Fred Waring, Ave 50, & Ave 52
Pavement Rehab Progress
Payments
Ortiz Enterprises, Inc. Construction $658,744.25 Dune Palms Bridge Progress Payment
Shade Structures, Inc. Parks $266,388.53 Install Shade Structures at XPark & Fritz Burns Park & Replacement Shade Fabric at
Pioneer Park
Interwest Consulting
Group, Inc.

Plan Checks $126,610.77 Oncall Building & Safety Plan
Review & Inspection Services
Desert Concepts
Construction, Inc.

Maintenance/Service $104,600.00 Park Repairs
(1) Payments w ere made 11/3/23 & 11/10/23
Wire Transfers: Twenty-three transfers totaled $5,072,825. Of this amount, 3.58 million was to Stewart Title of California and 1 million was to Bank of New York Mellon for investment purchases. (See Attachment 2 for a complete listing).

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

Prepared by: Jesse Batres, Finance Technician
Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers

2. Wire Transfers
Transaction Issuer Type Par Value
Settle
Date
Coupon
Rate YTM
Purchase Leaders Credit Union CD $ 248,000 10/30/2023 5.100% 5.100% Purchase Workers FCU CD $ 248,000 10/30/2023 5.200% 5.200% Maturity Federal Farm Credit Banks Agency $ 1,000,000 11/1/2023 1.600% 1.680% Maturity United States Treasury T-Bill $ 1,000,000 11/2/2023 0.000% 4.934% Purchase United States Treasury Treasury Note $ 750,000 11/6/2023 4.125% 4.520% Purchase United States Treasury T-Bill $ 1,000,000 11/6/2023 0.000% 5.450% Purchase Valleystar Credit Union CD $ 247,000 11/8/2023 5.200% 5.200% Purchase United Teletech Financial FCU CD $ 248,000 11/8/2027 5.100% 5.100% 170 CLICK HERE to Return to Agenda
11/13/2023 7:41:53 PM Page 1 of 7
Demand Register
City of La Quinta Packet: APPKT03636 - 11/03/2023 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
FRANCHISE TAX BOARD 212323 GARNISHMENT Garnishments Payable 101-0000-20985 232.51 UNITED WAY OF THE DESERT 212356 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 CHARTER COMMUNICATIONS… 212314 10/16-11/15/23 - FS #70 CABLE (1860) Cable/Internet - Utilities 101-2002-61400 41.76 CHARTER COMMUNICATIONS… 212314 10/16-11/15/23 - FS #32 CABLE (8152) Cable/Internet - Utilities 101-2002-61400 94.55 GALLS LLC 212326 UNIFORMS FOR G.DUCHENE Uniforms 101-6004-60690 696.94 VINTAGE E & S INC 212359 10/20/23 - CH ON-CALL ELECTRICAL SER… Maintenance/Services 101-3008-60691 822.38 VINTAGE E & S INC 212359 10/20/23 - LQ COVE TRAIL ONCALL ELEC… Maintenance/Services 101-3005-60691 4,333.95 SOUTHWEST AQUATICS INC 212347 SRR EVENT PARK LAKE MAINT. CLEAN I… SilverRock Lake Maintenance 101-3005-60189 1,360.00 MARTINEZ, TANIA 212337 10/01-10/04/23 - CALPERS FORUM REI… Travel & Training 101-1004-60320 798.96 HANSEN, DIANNE 212330 FY 23/24 ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reim… 101-1004-50252 153.75 QUADIENT FINANCE USA, INC. 212343 CITYWIDE POSTAGE MACHINE REFILL Postage 101-1007-60470 3,500.00 GHERA, EDWARD R 212327 ICC CERT EXAM REIMB E.GHERA Travel & Training 101-6003-60320 265.00 FOSTER, ROCIO 212322 10/25/23 POLICE LOSS PREVENTION ME… LQ Police Volunteers 101-2001-60109 370.13 FROSTY'S AIR CONDITIONING… 212325 WC HVAC REPAIRS HVAC 101-3008-60667 4,365.00 SPARKLETTS 212348 10/04/23 & 10/18/23 CITYWIDE DRINKI… Citywide Supplies 101-1007-60403 214.33 DESERT CONCRETE BORDERS… 212320 4X6 CONCRETE CURB W/LABOR SRR PA… Maintenance/Services 101-3005-60691 1,800.00 IRC CORPORATION 212335 09/2023 - PRE EMPLOYMENT BACKGRO… Recruiting/Pre-Employment 101-1004-60129 151.75 TKE ENGINEERING, INC. 212352 7/1-8/31/23 ON-CALL TRAFFIC ENGINEE… Contract Traffic Engineer 101-7006-60144 6,015.00 DESERT CONCEPTS CONSTR… 212319 SRR EVENT PARK STORM DAMAGE REPA… Maintenance/Services 101-3005-60691 19,600.00 VINTAGE ASSOCIATES 212358 10/13/23 & 10/20/23 PLANTED TIPUAN… Materials/Supplies 101-3005-60431 634.00 VINTAGE ASSOCIATES 212358 9/29/23 - PLANTED TIPUANA TREE IN CI… Materials/Supplies 101-3005-60431 634.00 VINTAGE ASSOCIATES 212358 PLANTS Materials/Supplies 101-3005-60431 3,240.00 XPRESS GRAPHICS 212361 10/09/23 - BUSINESS CARDS FOR POLICE… LQ Police Volunteers 101-2001-60109 106.12 XPRESS GRAPHICS 212361 10/09/23 - BUSINESS CARDS FOR POLICE… Printing 101-6004-60410 35.37 SMITH PIPE & SUPPLY CO 212346 HAND PUMP WITH HOSE Materials/Supplies 101-3005-60431 57.60 BURNS, ALICE QUIROZ 212313 12/1/23 - DEPOSIT FOR 250 CUPCAKES Community Experiences 101-3003-60149 358.75 USA DRAIN AND PLUMBING… 212357 FB POOL SHOWER REPAIR Maintenance/Services 101-3008-60691 485.00 USA DRAIN AND PLUMBING… 212357 CH TOILET REPAIR Maintenance/Services 101-3008-60691 275.00 RASA/ERIC NELSON 212344 FPM 2023-1000 ONCALL MAP CHECKING… Map/Plan Checking 101-7002-60183 2,110.00 RASA/ERIC NELSON 212344 FPM 2023-0001 ONCALL MAP CHECKING… Map/Plan Checking 101-7002-60183 490.00 RASA/ERIC NELSON 212344 PMER 2023-1000 ONCALL MAP CHECKI… Map/Plan Checking 101-7002-60183 345.00 RASA/ERIC NELSON 212344 PMER 2023-1000 ONCALL MAP CHECKI… Map/Plan Checking 101-7002-60183 650.00 DEPARTMENT OF JUSTICE 212318 09/2023 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 140.00 DEPARTMENT OF JUSTICE 212318 06/2023 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 35.00 MERCHANTS BUILDING MAI… 212338 9/1/23 - WC COVID CLEANING Janitorial 101-3008-60115 1,299.20 MERCHANTS BUILDING MAI… 212338 09/30/23 - SRR EVENT PARK RESTROOM… Janitorial 101-3008-60115 47.76 STERICYCLE, INC 212349 10/13/23 - POLICE SHRED LQ Police Volunteers 101-2001-60109 19.25 INTERWEST CONSULTING G… 212334 07/2023 - INSPECTION SERVICES Plan Checks 101-6003-60118 22,452.99 INTERWEST CONSULTING G… 212334 08/2023 - INSPECTION SERVICES Plan Checks 101-6003-60118 25,773.36 INTERWEST CONSULTING G… 212334 09/2023 - INSPECTION SERVICES Plan Checks 101-6003-60118 26,099.42 AIR EXCHANGE, INC 212305 FS #32 HOSE REPLACEMENT Maintenance/Services 101-2002-60691 2,125.74 THE LOCK SHOP, INC 212350 LQ PARK POOL EQUIP KEY SERVICE Materials/Supplies 101-3008-60431 216.58 INTERWEST CONSULTING G… 212334 08/2023 - ONCALL BUILDING & SAFTEY … Plan Checks 101-6003-60118 13,586.25 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 101-2002-61101 3,652.40 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Civic Center Park - U… 101-3005-61103 4,332.69 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Fritz Burns Park - Uti… 101-3005-61105 1,418.52 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Sports Complex - Uti… 101-3005-61106 5,387.03 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Community Park - U… 101-3005-61109 8,118.02 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Velasco Park - Utiliti… 101-3005-61111 14.12 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Eisenhower Park - U… 101-3005-61113 18.79 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Desert Pride - Utiliti… 101-3005-61114 13.24 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 101-3008-61101 19,661.74 COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water - Civic Center Park - Uti… 101-3005-61202 1,179.18 ATTACHMENT 1
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water -Community Park - Util… 101-3005-61209 5,334.51 COACHELLA VALLEY WATER D… 212317 WATER SERVICE PM 10 - Dust Control 101-7006-60146 125.00 GOVOS, INC. 212328 11/2023 - STVR PERMITTING SOFTWARE Professional Services 101-1005-60103 3,820.00 INTERWEST CONSULTING G… 212334 07/2023 - ONCALL BUILDING & SAFTEY … Plan Checks 101-6003-60118 17,425.00 ACTION PARK ALLIANCE, INC. 212304 10/01-12/31/23 - X PARK OPERATION S… X Park Programming 101-3003-60190 101,019.50 DISH NETWORK 212321 10/22-11/21/23 - EOC CABLE Cable/Internet - Utilities 101-2002-61400 105.71 OCEAN SPRINGS TECH INC 212340 10/11/23 - FB POOL BACKWASH VALVE … Fritz Burns Pool Maintenance 101-3005-60184 1,547.25 OCEAN SPRINGS TECH INC 212340 10/24/23 - FB POOL PUMP HOSE REPLA… Fritz Burns Pool Maintenance 101-3005-60184 127.31 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - SilverRock Event Sit… 101-3005-61115 2,463.19 COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water - Utilities 101-2002-61200 246.15 COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water -Eisenhower Park - Util… 101-3005-61203 62.25 COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water -Velasco Park - Utilities 101-3005-61205 165.27 COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water -Fritz Burns Park - Utili… 101-3005-61204 1,582.41 COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water - Utilities 101-3008-61200 1,285.10 BUREAU VERITAS NORTH A… 212312 ON-CALL BUILDING PLAN REVIEW & INS… Plan Checks 101-6003-60118 1,673.36 LOWE'S HOME IMPROVEME… 212336 09/07/23 - WOOD FILLER & SPRAY FOA… Materials/Supplies 101-3005-60431 119.04 LOWE'S HOME IMPROVEME… 212336 09/19/23 - FENCE MOUNTING BRACKETS… Materials/Supplies 101-3005-60431 1,124.39 LOWE'S HOME IMPROVEME… 212336 09/13/23 - SILICONE CAULK Materials/Supplies 101-3005-60431 11.34 LOWE'S HOME IMPROVEME… 212336 09/12/23 - STEEL REBAR Materials/Supplies 101-3005-60431 27.62 LOWE'S HOME IMPROVEME… 212336 09/11/23 - PLANTS Materials/Supplies 101-3005-60431 110.93 LOWE'S HOME IMPROVEME… 212336 09/08/23 - GLOVES & SUPPLIES Materials/Supplies 101-3005-60431 107.98 LOWE'S HOME IMPROVEME… 212336 09/08/23 - CONCRETE MIX Materials/Supplies 101-3005-60431 12.77 LOWE'S HOME IMPROVEME… 212336 09/21/23 - CONCRETE MIX Materials/Supplies 101-3005-60431 226.87 LOWE'S HOME IMPROVEME… 212336 09/20/23 - MASON LINE STRING & NAILS Materials/Supplies 101-3005-60431 45.36 LOWE'S HOME IMPROVEME… 212336 08/26/23 - FRAMING NAILS Materials/Supplies 101-3005-60431 43.61 LOWE'S HOME IMPROVEME… 212336 08/25/23 - WOOD SCREWS & BOLTS Materials/Supplies 101-3005-60431 76.80 LOWE'S HOME IMPROVEME… 212336 08/25/23 - PLANTS Materials/Supplies 101-3005-60431 63.47 LOWE'S HOME IMPROVEME… 212336 09/20/23 - CONCRETE MIX Materials/Supplies 101-3005-60431 226.80 LOWE'S HOME IMPROVEME… 212336 09/22/23 - FENCE PANELS & CONCRETE… Materials/Supplies 101-3005-60431 3,320.03 LOWE'S HOME IMPROVEME… 212336 09/11/23 - CONCRETE ANCHORS Materials/Supplies 101-3008-60431 68.14 LOWE'S HOME IMPROVEME… 212336 09/19/23 - FLUORESCENT LIGHT BULBS Materials/Supplies 101-3008-60431 114.75 LOWE'S HOME IMPROVEME… 212336 08/29/23 - SINK DRAIN & SLIP JOINT NUT Materials/Supplies 101-3008-60431 47.98 LOWE'S HOME IMPROVEME… 212336 08/30/23 - BRICK TROWEL & READY-MIX… Materials/Supplies 101-3008-60431 115.07 LOWE'S HOME IMPROVEME… 212336 09/14/23 - FINISH NAILS Materials/Supplies 101-3008-60431 55.75 LOWE'S HOME IMPROVEME… 212336 09/13/23 - VINYL TILE FLOORING & CUT… Materials/Supplies 101-3008-60431 129.37 LOWE'S HOME IMPROVEME… 212336 09/12/23 - POWER STRIPS Materials/Supplies 101-3008-60431 353.68 LOWE'S HOME IMPROVEME… 212336 09/21/23 - CEILING TILE & LIGHT BULBS Materials/Supplies 101-3008-60431 126.86 LOWE'S HOME IMPROVEME… 212336 09/12/23 - WOOD FINISH PAINT Materials/Supplies 101-3008-60431 42.74 INTERWEST CONSULTING G… 212334 10/2023 - ONCALL BUILDING & SAFTEY … Plan Checks 101-6003-60118 21,273.75 LOWE'S HOME IMPROVEME… 212336 09/20/23 - CONCRETE MIX & BUCKETS Operating Supplies 101-7003-60420 49.64 LOWE'S HOME IMPROVEME… 212336 08/28/23 - SUPPLIES Operating Supplies 101-7003-60420 154.77 HDL COREN & CONE 212331 10/01-12/31/23 - PROPERTY TAX CONT… Consultants 101-1006-60104 5,175.00 CLEARSOURCE FINANCIAL C… 212316 MASTER FEE SCHEDULE ANNUAL UPDATE Professional Services 101-1005-60103 4,800.00 Fund 101 - GENERAL FUND Total: 364,871.65
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC 212353 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 76.45 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 201-7003-61101 901.28 Fund 201 - GAS TAX FUND Total: 977.73
Fund: 202 - LIBRARY & MUSEUM FUND
AL & LUIS CHRISTMAS LIGHT… 212306 MUSEUM CHRISTMAS LIGHTING SERVIC… Museum Operations 202-3006-60105 1,957.23 AL & LUIS CHRISTMAS LIGHT… 212306 LUMBERYARD CHRISTMAS LIGHTING SE… Museum Operations 202-3006-60105 676.97 CINTAS FIRST AID & SAFETY 212315 LIBRARY FIRST AID SERVICES Operating Supplies 202-3004-60420 32.03 CINTAS FIRST AID & SAFETY 212315 MUSEUM FIRST AID SERVICES Operating Supplies 202-3006-60420 34.55 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 202-3004-61101 4,770.73 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 202-3006-61101 1,445.59 LOWE'S HOME IMPROVEME… 212336 08/29/23 - PAINT PRIMER Maintenance/Services 202-3004-60691 64.93 LOWE'S HOME IMPROVEME… 212336 09/19/23 - WATER HOSE & NOZZLE Maintenance/Services 202-3006-60691 81.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 9,063.03
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 215 - LIGHTING & LANDSCAPING FUND
TRI-STATE MATERIALS INC 212355 LANDSCAPE ANTIQUE BROWN RUBBLE Materials/Supplies 215-7004-60431 1,567.63 DESERT CONCEPTS CONSTR… 212319 ADAMS PARK STORM DAMAGE REPAIRS Maintenance/Services 215-7004-60691 49,000.00 DESERT CONCEPTS CONSTR… 212319 SRR RETENTION BASIN DAMAGE REPAIRS Maintenance/Services 215-7004-60691 36,000.00 THE SHERWIN-WILLIAMS CO. 212351 PAINT FOR GRAFFITI REMOVAL Supplies-Graffiti and Vandali… 215-7004-60423 374.57 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Utilities 215-7004-61116 5,600.57 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Medians - Utilities 215-7004-61117 2,507.52 COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water - Medians - Utilities 215-7004-61211 9,356.71 COACHELLA VALLEY WATER D… 212317 WATER SERVICE Water - Medians - Utilities 215-7004-61211 5,410.76 IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electric - Utilities 215-7004-61116 648.92 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 110,466.68 Fund: 235 - SO COAST AIR QUALITY FUND
IMPERIAL IRRIGATION DIST 212333 ELECTRIC SERVICE Electricity - Utilities 235-0000-61101 2,143.38 Fund 235 - SO COAST AIR QUALITY FUND Total: 2,143.38
Fund: 270 - ART IN PUBLIC PLACES FUND
BLOWNAWAY BY WILLIAM 212310 MAINTENANCE OF MEMORIAL PEDESTA… APP Maintenance 270-0000-60683 2,100.00 BEST SIGNS INC 212309 LQ COVE SIGN & INSTALLATION Art Purchases 270-0000-74800 1,499.76 Fund 270 - ART IN PUBLIC PLACES FUND Total: 3,599.76
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
ACE ELECTRIC INC 212303 10/2023 SPORTS COMPLEX LIGHTING R… Retention Payable 401-0000-20600 -610.25 ACE ELECTRIC INC 212303 10/2023 SPORTS COMPLEX LIGHTING R… Construction 401-0000-60188 12,205.00 ORTIZ ENTERPRISES INC. 212341 10/2023 - DUNE PALMS BRIDGE PROGR… Retention Payable 401-0000-20600 -34,670.75 ORTIZ ENTERPRISES INC. 212341 10/2023 - DUNE PALMS BRIDGE PROGR… Construction 401-0000-60188 693,415.00 AMERICAN BUSINESS BANK 212307 10/2023 DUNE PALMS BRIDGE RETENTI… Retention Payable 401-0000-20600 34,670.75 GRANITE CONSTRUCTION C… 212329 10/2023 AVE 50 & AVE 52 PAVEMENT R… Retention Payable 401-0000-20600 -31,805.83 GRANITE CONSTRUCTION C… 212329 10/2023 AVE 50 & AVE 52 PAVEMENT R… Construction 401-0000-60188 636,116.50 NV5 212339 8/27-9/30/23 ON-CALL SURVEY SERVICES Technical 401-0000-60108 187.50 NV5 212339 8/27-9/30/23 - ON-CALL SURVEY SERVIC… Technical 401-0000-60108 5,337.50 NV5 212339 8/27-9/30/23 - ON-CALL SURVEY SERVIC… Technical 401-0000-60108 185.00 WALTERS WHOLESALE ELECT… 212360 PARTS FOR STREET LIGHTS Construction 401-0000-60188 233.82 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 1,315,264.24 Fund: 501 - FACILITY & FLEET REPLACEMENT
HILARIO, BENJAMIN 212332 VEHICLE WASHES Vehicle Repair & Maintenan… 501-0000-60676 600.00 BMW MOTORCYCLES OF RIV… 212311 MOTORCYCLE REPAIRS FOR A1154 Motorcycle Repair & Mainte… 501-0000-60679 1,853.38 BMW MOTORCYCLES OF RIV… 212311 MOTORCYCLE REPAIRS FOR A1047 Motorcycle Repair & Mainte… 501-0000-60679 192.51 BMW MOTORCYCLES OF RIV… 212311 MOTORCYCLE REPAIRS FOR A1245 Motorcycle Repair & Mainte… 501-0000-60679 301.43 BMW MOTORCYCLES OF RIV… 212311 MOTORCYCLE REPAIRS FOR A1155 Motorcycle Repair & Mainte… 501-0000-60679 387.17 TOWER ENERGY GROUP 212354 09/01-09/15/23 - FUEL Fuel & Oil 501-0000-60674 5,229.89 PACIFIC MOBILE STRUCTURES… 212342 11/2023 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 11,652.89 Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS… 212314 09/15-10/14/23 - WC CABLE (8105) Cable/Internet - Utilities 502-0000-61400 154.66 CHARTER COMMUNICATIONS… 212314 10/20-11/19/23 - WC CABLE (1909) Cable/Internet - Utilities 502-0000-61400 11.59 CHARTER COMMUNICATIONS… 212314 10/10-11/09/23 - CH INTERNET (2546) Cable/Internet - Utilities 502-0000-61400 2,079.00 CHARTER COMMUNICATIONS… 212314 10/12-11/11/23 - CITY YARD CABLE (408… Cable/Internet - Utilities 502-0000-61400 81.77 FRONTIER COMMUNICATIO… 212324 10/12-11/11/23 - X-PARK INTERNET Cable/Internet - Utilities 502-0000-61400 904.11 Fund 502 - INFORMATION TECHNOLOGY Total: 3,231.13
Fund: 503 - PARK EQUIP & FACILITY FUND
SHADE STRUCTURES, INC 212345 PIONEER PARK SHADE FABRIC REPLACE… Parks 503-0000-71060 10,391.18 ANOVA FURNISHINGS, INC 212308 SHIPPING AND HANDLING Parks 503-0000-71060 1,865.17 ANOVA FURNISHINGS, INC 212308 SRR EVENT PARK BENCHES Parks 503-0000-71060 16,030.00 ANOVA FURNISHINGS, INC 212308 SRR EVENT PARK BENCHES TAXES Parks 503-0000-71060 1,565.83 SHADE STRUCTURES, INC 212345 XPARK SHADE STRUCTURES Parks 503-0000-71060 154,216.00 SHADE STRUCTURES, INC 212345 FB PICKLE/TENNIS COURT SHADE STRUC… Parks 503-0000-71060 101,781.35 Fund 503 - PARK EQUIP & FACILITY FUND Total: 285,849.53 Fund: 504 - INSURANCE FUND
CINTAS FIRST AID & SAFETY 212315 PW YARD FIRST AIDE SERVICES Operating Supplies 504-1010-60420 34.55 CINTAS FIRST AID & SAFETY 212315 LANDSCAPE MAINT FIRST AID SERVICES Operating Supplies 504-1010-60420 55.19 173 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount CINTAS FIRST AID & SAFETY 212315 FB POOL FIRST AID SERVICES Operating Supplies 504-1010-60420 48.57 CINTAS FIRST AID & SAFETY 212315 WC FIRST AID SERVICES Operating Supplies 504-1010-60420 34.55 CINTAS FIRST AID & SAFETY 212315 CH FIRST AID SERVICES Operating Supplies 504-1010-60420 187.02 Fund 504 - INSURANCE FUND Total: 359.88
Fund: 601 - SILVERROCK RESORT
VINTAGE E & S INC 212359 SRR ON-CALL ELECTRICAL SERVICE Repair & Maintenance 601-0000-60660 337.66 Fund 601 - SILVERROCK RESORT Total: 337.66
Grand Total: 2,107,817.56
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 364,871.65
201 - GAS TAX FUND 977.73
202 - LIBRARY & MUSEUM FUND 9,063.03
215 - LIGHTING & LANDSCAPING FUND 110,466.68
235 - SO COAST AIR QUALITY FUND 2,143.38
270 - ART IN PUBLIC PLACES FUND 3,599.76
401 - CAPITAL IMPROVEMENT PROGRAMS 1,315,264.24
501 - FACILITY & FLEET REPLACEMENT 11,652.89
502 - INFORMATION TECHNOLOGY 3,231.13
503 - PARK EQUIP & FACILITY FUND 285,849.53
504 - INSURANCE FUND 359.88
601 - SILVERROCK RESORT 337.66
Grand Total: 2,107,817.56
Account Summary
Account Number Account Name Expense Amount
101-0000-20981 United Way Deductions 37.00
101-0000-20985 Garnishments Payable 232.51
101-1004-50252 Annual Wellness Dollar … 153.75
101-1004-60129 Recruiting/Pre-Employm… 151.75
101-1004-60320 Travel & Training 798.96
101-1005-60103 Professional Services 8,620.00
101-1006-60104 Consultants 5,175.00
101-1007-60403 Citywide Supplies 214.33
101-1007-60470 Postage 3,500.00
101-2001-60109 LQ Police Volunteers 495.50
101-2001-60174 Blood/Alcohol Testing 175.00
101-2002-60691 Maintenance/Services 2,125.74
101-2002-61101 Electricity - Utilities 3,652.40
101-2002-61200 Water - Utilities 246.15
101-2002-61400 Cable/Internet - Utilities 242.02
101-3003-60149 Community Experiences 358.75
101-3003-60190 X Park Programming 101,019.50
101-3005-60184 Fritz Burns Pool Mainten… 1,674.56
101-3005-60189 SilverRock Lake Mainten… 1,360.00
101-3005-60431 Materials/Supplies 10,082.61
101-3005-60691 Maintenance/Services 25,733.95
101-3005-61103 Electric - Civic Center Pa… 4,332.69
101-3005-61105 Electric - Fritz Burns Park… 1,418.52
101-3005-61106 Electric - Sports Complex… 5,387.03
101-3005-61109 Electric - Community Par… 8,118.02
101-3005-61111 Electric - Velasco Park - … 14.12
101-3005-61113 Electric - Eisenhower Par… 18.79
101-3005-61114 Electric - Desert Pride - U… 13.24
101-3005-61115 Electric - SilverRock Even… 2,463.19
101-3005-61202 Water - Civic Center Park… 1,179.18
101-3005-61203 Water -Eisenhower Park … 62.25
101-3005-61204 Water -Fritz Burns Park -… 1,582.41
101-3005-61205 Water -Velasco Park - Uti… 165.27
101-3005-61209 Water -Community Park … 5,334.51
101-3008-60115 Janitorial 1,346.96
101-3008-60431 Materials/Supplies 1,270.92
101-3008-60667 HVAC 4,365.00
101-3008-60691 Maintenance/Services 1,582.38
101-3008-61101 Electricity - Utilities 19,661.74
101-3008-61200 Water - Utilities 1,285.10
101-6003-60118 Plan Checks 128,284.13
101-6003-60320 Travel & Training 265.00
101-6004-60410 Printing 35.37
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Account Summary
Account Number Account Name Expense Amount
101-6004-60690 Uniforms 696.94
101-7002-60183 Map/Plan Checking 3,595.00
101-7003-60420 Operating Supplies 204.41
101-7006-60144 Contract Traffic Engineer 6,015.00
101-7006-60146 PM 10 - Dust Control 125.00
201-7003-60429 Traffic Control Signs 76.45
201-7003-61101 Electricity - Utilities 901.28
202-3004-60420 Operating Supplies 32.03
202-3004-60691 Maintenance/Services 64.93
202-3004-61101 Electricity - Utilities 4,770.73
202-3006-60105 Museum Operations 2,634.20
202-3006-60420 Operating Supplies 34.55
202-3006-60691 Maintenance/Services 81.00
202-3006-61101 Electricity - Utilities 1,445.59
215-7004-60423 Supplies-Graffiti and Va… 374.57
215-7004-60431 Materials/Supplies 1,567.63
215-7004-60691 Maintenance/Services 85,000.00
215-7004-61116 Electric - Utilities 6,249.49
215-7004-61117 Electric - Medians - Utilit… 2,507.52
215-7004-61211 Water - Medians - Utiliti… 14,767.47
235-0000-61101 Electricity - Utilities 2,143.38
270-0000-60683 APP Maintenance 2,100.00
270-0000-74800 Art Purchases 1,499.76
401-0000-20600 Retention Payable -32,416.08
401-0000-60108 Technical 5,710.00
401-0000-60188 Construction 1,341,970.32
501-0000-60674 Fuel & Oil 5,229.89
501-0000-60676 Vehicle Repair & Maint… 600.00
501-0000-60679 Motorcycle Repair & Ma… 2,734.49
501-0000-71032 Building Leases 3,088.51
502-0000-61400 Cable/Internet - Utilities 3,231.13
503-0000-71060 Parks 285,849.53
504-1010-60420 Operating Supplies 359.88
601-0000-60660 Repair & Maintenance 337.66
Grand Total: 2,107,817.56
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 414,471.45
111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-5433(014) 693,415.00 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-5433(014) 0.00 202108T Technical Expense FY 21/22 PMP Slurry Seal Improvements 187.50 202201CT Construction Expense Avenue 50 Pavement Rehab (Wash St to Eisenhower) 636,116.50 202201RP Retention Payable Avenue 50 Pavement Rehab (Wash St to Eisenhower) -31,805.83 202201T Technical Expense Avenue 50 Pavement Rehab (Wash St to Eisenhower) 5,337.50 202203T Technical Expense Fred Waring Drive Pavement Rehabilitation 185.00 202204CT Construction Expense Sports Complex Lighting Replacement 12,205.00 202204RP Retention Payable Sports Complex Lighting Replacement -610.25 202216E General PW Maint - Desert Concep… General PW Maintenance - Desert Concepts36,000.00 202226E Fritz Burns Park Shade Structure Fritz Burns Park Shade Structure 101,781.35 202228E X Park Shade Structure X Park Shade Structure 154,216.00 202320E Cyclone Hilary FEMA Reimbursable… Tropical Cyclone Hilary 80,558.81 2324TMICG Contingency Expense FY23/24 Traffic Maintenance Improvements 233.82 CONCERTE Concert Expense Master Account for all SRR Concert Series 47.76 CORONANR Corona Non Reimbursable Corona Virus Emergency Response 1,299.20 STVRE Short Term Vacation Rental Expen… Short Term Vacation Rental Tracking 3,820.00 176 CLICK HERE to Return to Agenda
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Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 358.75 Grand Total: 2,107,817.56
*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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Demand Register
City of La Quinta Packet: APPKT03640 - 11/10/2023 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
CENTRAL COMMUNICATIONS 212368 11/2023 - STVR HOTLINE Professional Services 101-6004-60103 623.00 ESPINOZA, DAVID C. 212374 11/11/23 - CHAIRS FOR VETERANS EVENT Community Experiences 101-3003-60149 420.00 PICKERING EVENTS LLC 212389 2024 RIVERSIDE COUNTY FAIR SPONSOR… Sponsorships/Advertising 101-3007-60450 5,000.00 CLAYTON JR., DUANE 212370 FY 23/24 ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reim… 101-1004-50252 200.00 MCGRATH METAL 212385 11/11/23 - VETERANS DAY PANEL ENGR… Community Experiences 101-3003-60149 815.63 MOYA, DANIEL 212386 REMOVAL OF TREE ADAMS ST & AUTO … Lot Cleaning/Gravel Program 101-6004-60120 1,000.00 DECKARD TECHNOLOGIES, I… 212371 11/2023 - RENTALSCAPE Professional Services 101-1005-60103 3,750.00 CAPITAL ONE 212367 10/11/23 - OPERATING SUPPLIES Operating Supplies 101-3002-60420 31.29 HR GREEN PACIFIC INC 212380 09/2023 - ONCALL PLAN CHECK SVCS E… Map/Plan Checking 101-7002-60183 5,158.50 TPX COMMUNICATIONS 212401 10/23-11/22/23 - EOC PHONE LINE SVC Telephone - Utilities 101-2002-61300 1,795.64 MADDEN MEDIA 212384 10/2023 - MEDIA SERVICES Marketing & Tourism Promot… 101-3007-60461 56,475.80 FERRELLGAS, LP 212375 FS #70 PROPANE GAS Gas - Utilities 101-2002-61100 472.28 VINTAGE ASSOCIATES 212404 10/9-10/13/23 - TREE & PLANT INSTALL… Maintenance/Services 101-3005-60691 3,200.00 ALL PRO BEVERAGE INC 212362 LOBBY COFFEE, CREAMER, & POWDERS Citywide Supplies 101-1007-60403 487.93 CACEO 212365 2024 CACEO MEMBERSHIP DUES C.WO… Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMBERSHIP DUES M.SAL… Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMEBERSHIP DUES B.RO… Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMBERSHIP DUES G.DUC… Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMBERSHIP DUES K.MER… Membership Dues 101-6004-60351 100.00 CACEO 212365 2024 CACEO MEMBERSHIP DUES C.GA… Membership Dues 101-6004-60351 100.00 SMART & FINAL 212396 10/11/23 - OPERATING SUPPLIES Operating Supplies 101-3002-60420 272.77 THE CHAMBER 212400 11/2023 - GEM PUBLICATION Marketing & Tourism Promot… 101-3007-60461 14,465.75 USA DRAIN AND PLUMBING… 212403 REPLACED FS #70 WATER HEATER GAS … Maintenance/Services 101-2002-60691 875.00 ALPHA MEDIA LLC 212364 10/2023 - IRONMAN DIGITAL ADS Community Experiences 101-3003-60149 3,200.00 ALPHA MEDIA LLC 212364 10/2023 - IRONMAN DIGITAL ADS Community Experiences 101-3003-60149 275.00 ALPHA MEDIA LLC 212364 10/2023 - IRONMAN RADIO ADS MIX 10… Community Experiences 101-3003-60149 6,515.64 DESERT RESORT MANAGEM… 212372 10/2023 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 4,018.43 PACIFIC WEST AIR CONDITIO… 212388 CH HVAC REPAIRS HVAC 101-3008-60667 3,341.00 SUNLINE TRANSIT AGENCY 212399 10/2023 - SUNLINE PASSES Due to SunLine 101-0000-20305 177.50 SUNLINE TRANSIT AGENCY 212399 10/2023 - SUNLINE PASSES Miscellaneous Revenue 101-0000-42301 -8.25 ALPHA CARD 212363 COLOR DYE FLIMS (4) Operating Supplies 101-3002-60420 456.71 KILEY & ASSOCIATES 212382 10/2023 - FEDERAL LOBBYIST SERVICES Contract Services - Administr… 101-1002-60101 3,500.00 OCEAN SPRINGS TECH INC 212387 10/13/23 - LQ PARK SPLASH PAD MAINT… LQ Park Water Feature 101-3005-60554 190.00 OCEAN SPRINGS TECH INC 212387 11/2023 - FB POOL CAT 5000 COMPUTE… Fritz Burns Pool Maintenance 101-3005-60184 240.00 OCEAN SPRINGS TECH INC 212387 11/2023 - FB POOL MONTHLY MAINTEN… Fritz Burns Pool Maintenance 101-3005-60184 6,082.00 RIVERSIDE ASSESSOR 212392 10/2023 - RECORDING FEES Due to County Recorder 101-0000-20325 304.00 ROADPOST USA INC. 212393 10/23-11/22/23 - EOC SATELLITE PHON… Mobile/Cell Phones/Satellites 101-2002-61304 200.85 STATE OF CALIFORNIA DEPA… 212398 CH ELEVATOR INSPECTION Annual Permits/Inspections 101-3008-60196 675.00 EISENHOWER MEDICAL CEN… 212373 09/16/23 - SEXUAL ASSAULT EXAM LA2… Sexual Assault Exam Fees 101-2001-60193 1,200.00 HOME DEPOT CREDIT SERVIC… 212379 08/31/23 - COUPLING FITTINGS FOR FS … Maintenance/Services 101-2002-60691 6.82 HOME DEPOT CREDIT SERVIC… 212379 09/03/23 - GAS DRYER FOR FS #70 Maintenance/Services 101-2002-60691 1,009.20 HOME DEPOT CREDIT SERVIC… 212379 09/06/23 - LP GAS CONVERSION KIT FOR… Maintenance/Services 101-2002-60691 24.16 HOME DEPOT CREDIT SERVIC… 212379 09/25/23 - ACETONE Materials/Supplies 101-3005-60431 19.11 HOME DEPOT CREDIT SERVIC… 212379 09/08/23 - CONCRETE MIX Materials/Supplies 101-3005-60431 107.21 HOME DEPOT CREDIT SERVIC… 212379 08/29/23 - RESPIRATOR Materials/Supplies 101-3005-60431 35.53 HOME DEPOT CREDIT SERVIC… 212379 08/31/23 - FLASHLIGHT & POCKET HOLE … Materials/Supplies 101-3005-60431 142.36 HOME DEPOT CREDIT SERVIC… 212379 09/14/23 - SMALL TOOLS Tools/Equipment 101-3005-60432 439.46 HOME DEPOT CREDIT SERVIC… 212379 08/28/23 - ANCHORING EPOXY & ANCH… Materials/Supplies 101-3008-60431 150.55 HOME DEPOT CREDIT SERVIC… 212379 09/12/23 - LIGHT BULBS Materials/Supplies 101-3008-60431 152.18 HOME DEPOT CREDIT SERVIC… 212379 09/13/23 - STORAGE TOTES Materials/Supplies 101-3008-60431 150.03 HOME DEPOT CREDIT SERVIC… 212379 09/20/23 - BATTERIES Materials/Supplies 101-3008-60431 84.40 HOME DEPOT CREDIT SERVIC… 212379 08/28/23 - MASONRY ANCHORS Materials/Supplies 101-3008-60431 73.84 HOME DEPOT CREDIT SERVIC… 212379 09/18/23 - STORAGE TOTES Materials/Supplies 101-3008-60431 150.03 178 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount HOME DEPOT CREDIT SERVIC… 212379 08/31/23 - LIGHT BULBS & PEST CONTR… Materials/Supplies 101-3008-60431 118.72 HOME DEPOT CREDIT SERVIC… 212379 09/25/23 - GLOVES Materials/Supplies 101-3008-60431 29.98 HOME DEPOT CREDIT SERVIC… 212379 09/27/23 - DRILL BITS Materials/Supplies 101-3008-60431 24.40 HOME DEPOT CREDIT SERVIC… 212379 08/30/23 - BAR DIGGER & RECIPROCATI… Tools/Equipment 101-3008-60432 98.44 HOME DEPOT CREDIT SERVIC… 212379 08/28/23 - DRILL BITS Tools/Equipment 101-3008-60432 31.25 HOME DEPOT CREDIT SERVIC… 212379 09/26/23 - WHEELBARROW & TRASH C… Tools/Equipment 101-3008-60432 297.32 HOME DEPOT CREDIT SERVIC… 212379 09/27/23 - CHAINSAW Tools/Equipment 101-3008-60432 172.91 HOME DEPOT CREDIT SERVIC… 212379 09/27/23 - STEEL PUNCH Tools/Equipment 101-3008-60432 36.91 HOME DEPOT CREDIT SERVIC… 212379 09/06/23 - HAMMER & WRENCH Tools/Equipment 101-3008-60432 62.40 HOME DEPOT CREDIT SERVIC… 212379 09/14/23 - TORX KEY SET & HAND SEA… Tools/Equipment 101-3008-60432 61.92 HOME DEPOT CREDIT SERVIC… 212379 09/06/23 - OSCILLATING MULTI-TOOL B… Tools/Equipment 101-3008-60432 84.76 RAP FOUNDATION/SENIOR I… 212391 03/28/24 - ANNUAL SENIOR INSPIRATI… Technical 101-3002-60108 4,000.00 Fund 101 - GENERAL FUND Total: 133,575.36
Fund: 201 - GAS TAX FUND
UNDERGROUND SERVICE AL… 212402 11/1/23 - DIG ALERT SERVICES Materials/Supplies 201-7003-60431 46.75 Fund 201 - GAS TAX FUND Total: 46.75
Fund: 215 - LIGHTING & LANDSCAPING FUND
SPARKLETTS 212397 10/04/23 & 10/18/23 - DRINKING WATER Operating Supplies 215-7004-60420 342.11 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 342.11
Fund: 241 - HOUSING AUTHORITY
CAHA, BECKY 212366 10/2023 - HOUSING CONSULTANT SERV… Professional Services 241-9101-60103 6,225.00 Fund 241 - HOUSING AUTHORITY Total: 6,225.00
Fund: 247 - ECONOMIC DEVELOPMENT FUND
HAMMEL, GREEN, AND ABR… 212377 LQ ART ENTRY MONUMENTS STUDY Marketing & Tourism Promot… 247-0000-60461 3,950.00 Fund 247 - ECONOMIC DEVELOPMENT FUND Total: 3,950.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
GRANITE CONSTRUCTION C… 212376 FRED WARING PAVEMENT REHAB PROG… Retention Payable 401-0000-20600 -14,873.35 GRANITE CONSTRUCTION C… 212376 FRED WARING PAVEMENT REHAB PROG… Construction 401-0000-60188 297,467.00 SAFEGUARD ENVIROGROUP, … 212395 ASBESTOS & LEAD TESTING Technical 401-0000-60108 1,155.00 PLANIT REPROGRAPHICS SYS… 212390 FRED WARING DR PAVEMENT REHAB SP… Construction 401-0000-60188 86.79 PLANIT REPROGRAPHICS SYS… 212390 FRED WARING DR PAVEMENT REHAB PL… Construction 401-0000-60188 10.99 PLANIT REPROGRAPHICS SYS… 212390 COVE TRAILS PARKING LOT IMPROVEM… Construction 401-0000-60188 28.53 LANDMARK CONSULTANTS, … 212383 AVE 50/AVE 52 PAVEMENT REHAB SOIL … Technical 401-0000-60108 297.60 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 284,172.56 Fund: 501 - FACILITY & FLEET REPLACEMENT
HILARIO, BENJAMIN 212378 VEHICLE WASHES Vehicle Repair & Maintenan… 501-0000-60676 425.00 S&D CARWASH MANAGEME… 212394 10/2023 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenan… 501-0000-60676 839.58 CHEVROLET CADILLAC 212369 2017 CHEVY SILVERADO VIN HZ176694 Vehicle Repair & Maintenan… 501-0000-60676 1,232.23 HOME DEPOT CREDIT SERVIC… 212379 09/06/23 - BATTERIES FOR FLEET Parts, Accessories, and Upfits 501-0000-60675 34.52 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 2,531.33 Fund: 502 - INFORMATION TECHNOLOGY
TPX COMMUNICATIONS 212401 10/23-11/22/23 - PHONE LINE SVC Telephone - Utilities 502-0000-61300 3,790.22 INNOVATIVE DOCUMENT SO… 212381 10/01-12/31/22 - COPIER CONTRACT O… Copiers 502-0000-60662 496.40 Fund 502 - INFORMATION TECHNOLOGY Total: 4,286.62
Fund: 601 - SILVERROCK RESORT
HOME DEPOT CREDIT SERVIC… 212379 08/30/23 - BRASS VALVES FOR SRR Repair & Maintenance 601-0000-60660 62.13 Fund 601 - SILVERROCK RESORT Total: 62.13
Grand Total: 435,191.86
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 133,575.36
201 - GAS TAX FUND 46.75
215 - LIGHTING & LANDSCAPING FUND 342.11
241 - HOUSING AUTHORITY 6,225.00
247 - ECONOMIC DEVELOPMENT FUND 3,950.00
401 - CAPITAL IMPROVEMENT PROGRAMS 284,172.56
501 - FACILITY & FLEET REPLACEMENT 2,531.33
502 - INFORMATION TECHNOLOGY 4,286.62
601 - SILVERROCK RESORT 62.13
Grand Total: 435,191.86
Account Summary
Account Number Account Name Expense Amount
101-0000-20305 Due to SunLine 177.50
101-0000-20325 Due to County Recorder 304.00
101-0000-42301 Miscellaneous Revenue -8.25
101-1002-60101 Contract Services - Admi… 3,500.00
101-1004-50252 Annual Wellness Dollar … 200.00
101-1005-60103 Professional Services 3,750.00
101-1007-60403 Citywide Supplies 487.93
101-2001-60193 Sexual Assault Exam Fees 1,200.00
101-2002-60691 Maintenance/Services 1,915.18
101-2002-61100 Gas - Utilities 472.28
101-2002-61300 Telephone - Utilities 1,795.64
101-2002-61304 Mobile/Cell Phones/Sate… 200.85
101-3002-60108 Technical 4,000.00
101-3002-60420 Operating Supplies 760.77
101-3003-60149 Community Experiences 11,226.27
101-3005-60184 Fritz Burns Pool Mainten… 6,322.00
101-3005-60431 Materials/Supplies 304.21
101-3005-60432 Tools/Equipment 439.46
101-3005-60554 LQ Park Water Feature 190.00
101-3005-60691 Maintenance/Services 3,200.00
101-3007-60450 Sponsorships/Advertising 5,000.00
101-3007-60461 Marketing & Tourism Pr… 70,941.55
101-3008-60196 Annual Permits/Inspecti… 675.00
101-3008-60431 Materials/Supplies 934.13
101-3008-60432 Tools/Equipment 845.91
101-3008-60667 HVAC 3,341.00
101-6004-60103 Professional Services 4,641.43
101-6004-60120 Lot Cleaning/Gravel Prog… 1,000.00
101-6004-60351 Membership Dues 600.00
101-7002-60183 Map/Plan Checking 5,158.50
201-7003-60431 Materials/Supplies 46.75
215-7004-60420 Operating Supplies 342.11
241-9101-60103 Professional Services 6,225.00
247-0000-60461 Marketing & Tourism Pr… 3,950.00
401-0000-20600 Retention Payable -14,873.35
401-0000-60108 Technical 1,452.60
401-0000-60188 Construction 297,593.31
501-0000-60675 Parts, Accessories, and … 34.52
501-0000-60676 Vehicle Repair & Maint… 2,496.81
502-0000-60662 Copiers 496.40
502-0000-61300 Telephone - Utilities 3,790.22
601-0000-60660 Repair & Maintenance 62.13
Grand Total: 435,191.86
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Demand Register Packet: APPKT03640 - 11/10/2023 JB
11/13/2023 7:41:20 PM Page 4 of 4
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 127,451.60
201901T Technical Expense Village Art Plaza Promenade & Cultural Campus 1,155.00 202201T Technical Expense Avenue 50 Pavement Rehab (Wash St to Eisenhower) 297.60 202203CT Construction Expense Fred Waring Drive Pavement Rehabilitation297,564.78 202203RP Retention Payable Fred Waring Drive Pavement Rehabilitation-14,873.35 202230CT Construction Expense Cove Trails Parking Lot Improvements 28.53 202319E Entry Monument Project expense Entry Monuments project 3,950.00 IRONE Ironman Expense Ironman Event 9,990.64
STVRE Short Term Vacation Rental Expen… Short Term Vacation Rental Tracking 8,391.43 VETSE Veterans Day Ceremony Expense Veterans Day Ceremony 1,235.63 Grand Total: 435,191.86
*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.
181 CLICK HERE to Return to Agenda
City of La Quinta
Bank Transactions 10/30/2023-11/10/2023
Wire Transaction
Listed below are the wire transfers from 10/30/2023-11/10/2023.

Wire Transfers:
10/30/2023 - WIRE TRANSFER - CALPERS $6,376.62
10/30/2023 - WIRE TRANSFER - CALPERS $15,396.47
10/30/2023 - WIRE TRANSFER - CALPERS $28,672.08
10/30/2023 - WIRE TRANSFER - LQCEA $468.00
10/30/2023 - WIRE TRANSFER - MISSION SQUARE $3,925.00
10/30/2023 - WIRE TRANSFER - MISSION SQUARE $13,667.95
10/30/2023 - WIRE TRANSFER - STEWART TITLE OF CALIFORNIA, INC. $3,583,426.00 10/31/2023 - WIRE TRANSFER - AMERITAS $44.98
10/31/2023 - WIRE TRANSFER - AMERITAS $103.74
10/31/2023 - WIRE TRANSFER - AMERITAS $1,003.38
10/31/2023 - WIRE TRANSFER - STERLING $1,460.39
10/31/2023 - WIRE TRANSFER - STANDARD OF OREGON $1,518.88 10/31/2023 - WIRE TRANSFER - AMERITAS $6,185.24
10/31/2023 - WIRE TRANSFER - COLONIAL LIFE $8,531.56
11/03/2023 - WIRE TRANSFER - BANK OF NEW YORK MELLON $1,000,000.00 11/06/2023 - WIRE TRANSFER - LANDMARK $204,446.47
11/07/2023 - WIRE TRANSFER - CALPERS $129,557.10
11/10/2023 - WIRE TRANSFER - CALPERS $6,180.87
11/10/2023 - WIRE TRANSFER - CALPERS $15,619.35
11/10/2023 - WIRE TRANSFER - CALPERS $28,589.41
11/10/2023 - WIRE TRANSFER - LQCEA $459.00
11/10/2023 - WIRE TRANSFER - MISSION SQUARE $3,925.00
11/10/2023 - WIRE TRANSFER - MISSION SQUARE $13,267.95
TOTAL WIRE TRANSFERS OUT $5,072,825.44
ATTACHMENT 2
182 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: November 21, 2023

STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE ADDING SUBSECTION 3.25.070(S) TO CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE

RELATED TO SHORT-TERM VACATION RENTALS TO ESTABLISH THAT

APARTMENTS ARE NOT ELIGIBLE TO APPLY FOR OR OBTAIN A SHORT-TERM

VACATION RENTAL PERMIT

RECOMMENDATION
 Move to take up Ordinance No. ___ by title and number only and waive further reading.
 Move to introduce at first reading, Ordinance No. ___ to add Subsection

3.25.070(S) to Chapter 3.25 of the La Quinta Municipal Code related to Short-Term Vacation Rentals to establish that apartments are not eligible to apply for or obtain a short-term vacation rental permit.

EXECUTIVE SUMMARY
 On November 7, 2023, Council discussed possible additions and amendments to Chapter 3.25 of the La Quinta Municipal Code (LQMC) related to Short-Term Vacation Rentals (STVRs) and directed staff to bring back an ordinance to establish that apartments are not eligible to apply for or obtain an STVR permit.  Code amendments related to potentially qualifying Homeowner Associations (HOA) may be tabled for future Council consideration if-and-when the City receives a viable request from an HOA that merits this matter for review.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
On November 7, 2023, Council introduced Ordinance No. 607 for first reading to add and/or amend various sections of Chapter 3.25, which is on tonight’s agenda for adoption on second reading.

BUSINESS SESSION ITEM NO. 1
183 CLICK HERE to Return to Agenda
Based on Council’s discussion, comments, and direction, staff has proposed:
 An ordinance to add Subsection 3.25.070(S) to Chapter 3.25 to establish that apartments are not eligible to apply for or obtain a short-term vacation rental permit.
 Table any code amendments related to potentially qualifying HOAs for future Council consideration if-and-when the City receives a viable request from an HOA that merits this matter for review.

ALTERNATIVES
Council may elect not to introduce the proposed ordinance; or instruct staff to make additional/different amendments.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
184 CLICK HERE to Return to Agenda
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, ADDING SUBSECTION

3.25.070(S) TO CHAPTER 3.25 OF THE LA QUINTA

MUNICIPAL CODE RELATED TO SHORT-TERM

VACATION RENTALS TO ESTABLISH THAT

APARTMENTS ARE NOT ELIGIBLE TO APPLY OR

OBTAIN A SHORT-TERM VACATION RENTAL PERMIT
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals, including permitted uses, short-term vacation rental (STVR) process and permitting procedures, requirements, violations, fines, etc.; and WHEREAS, the City has the authority to regulate residential uses, including STVR uses, operating within the City; and
WHEREAS, the addition of the proposed Subsection (S) to Section 3.25.070 – Operational requirements and standard conditions to the STVR Program establishes that apartments, as defined in the LQMC, are not eligible to apply for or obtain an STVR permit.

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. Subsection (S) is added to Section 3.25.070 – Operational requirements and standard conditions to the La Quinta Municipal Code to read as follows:
“S. No “apartment,” “apartment building,” or “apartment project,” as defined in Section

9.280.030 (or successor provision, as may be amended from time to time) of this code shall be eligible to apply for or obtain a short-term vacation rental permit.” SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta.

SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to this ordinance to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. 185 CLICK HERE to Return to Agenda
Ordinance No. XXX
Chapter 3.25 Short-Term Vacation Rentals – Adding Subsection 3.25.070(S) regarding Apartments Adopted: ____________, 2023

Page 2 of 3 ends

La Quinta City CouncilNovember 21, 2023

La Quinta City Council
November 21, 2023